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8/24/2010 - Regular
Roanoke County Board of Supervisors Agenda August 24, 2070 NOTE: There will not be a 7:00 p.m. evening session as there are no advertised public hearings. Good afternoon and welcome to our meeting for August 24, 2010. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now 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) 712-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Adrian E. Dowell Shiloh Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFINGS D. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring Friday, September 3, 2010, as the eleventh annual Hokie Pride Day in the County of Roanoke Page 1 of 4 E. NEW BUSINESS 1. Request to approve holiday schedule for calendar years 2011 and 2012 (Joseph Sgroi, Director of Human Resources) 2. Resolution initiating an amendment to Section 30-23-2, Nonconforming Uses of Buildings, Structures or Land of the Roanoke County Zoning Ordinance to modify provisions relating to the expansion of an existing nonconforming residential structure (John F. Murphy, Zoning Administrator) F. FIRST READING OF ORDINANCES 1. Ordinance authorizing the emergency relocation of the Bennett Springs voting precinct (Due to time constraints, it is requested that, upon afour-fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (Judith Stokes, General Registrar) 2. Ordinance amending Ordinance 081010-3 approving a lease agreement for the Tinker Mountain Tower Site (Paul M. Mahoney, County Attorney) G. SECOND READING OF ORDINANCES 1. Ordinance creating the South Peak Community Development Authority (Paul Mahoney, County Attorney) H. PUBLIC HEARINGAND SECOND READING OF ORDINANCES 1. Ordinance authorizing conveyance of a forty-foot (40'} utility easement to the Craig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board of Supervisors - Catawba Public Safety Building/Fire Station, Catawba Magisterial District (Tarek Moneir, Deputy Director of Development Services) I. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) (appointed by District) 3. Virginia Western Community College Advisory Board (At-Large appointment) Page 2 of 4 J. 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 AGENDAAND WILL BE CONSIDERED SEPARATELY 1. Resolution amending Resolution 092308-1, which adopted policy guidelines for approval of the creation of a Community Development Authority 2. Request to accept and appropriate funds in the amount of $105,330 to the Roanoke County Public Schools 3. Confirmation of appointment to the Virginia Western Community College Advisory Board K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of July 31, 2010 5. Accounts Paid -July 2010 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended July 31, 2010 7. Comparative Statement of Budgeted and Actual Revenues for the month ended July 31, 2010 0. PUBLIC HEARING AND SECOND READING OF ORDINANCES Page 3 of 4 NOTE: THERE WILL BE NO 1:00 P.M. EVENING SESSION AS THE PUBLIC HEARING AND SECOND READING BELOW HAS BEEN POSTPONED AT THE REQUEST OF THE PLANNING COMMISSION. 1. POSTPONED UNTIL SEPTEMBER 28, 2010: Ordinance granting the petition of Bobby B. Twine to rezone 5.892 acres from AR, AgriculturallResidential, District to I-2, High Intensity Industrial, District for the purpose of operating a construction yard, located near the intersection of Twine Hollow Road and Meacham Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Joseph B. "Butch" Church Q. WORK SESSIONS 1. Work session to provide follow-up information pertaining to the Trane Energy Performance Contract (Anne Marie Green, Director of General Services; Rebecca Owens, Director of Finance) 2 Work session to provide an update on the County Building Team (B. Clayton Goodman III, County Administrator) 3. Work session to review proposed revisions to the Roanoke County Procurement Policy Manual (Rob Light, Purchasing Manager) R. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(3): Personnel, namely discussion concerning appointments to the Community Development Authority (CDA) Board, Economic Development Authority, Grievance Panel and Roanoke Valley- Alleghany Regional Comprehensive Economic Development Strategy (CEDS) Committee 2. Section 2.2-3711(A)(1): To discuss and consider the employment, assignment, appointment and perFormance of specific public officers, appointees or employees S. CERTIFICATION RESOLUTION T. ADJOURNMENT Page 4 of 4 ACTION N0. ITEM NO. ~ -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 24, 2010 Proclamation declaring Friday, September 3, 2010, as the eleventh annual Hokie Pride Day in the County of Roanoke Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: The Roanoke Valley Hokie Club has requested that the County issue a proclamation declaring Friday, September 3, 2010, as the eleventh annual Hokie Pride Day. Roanoke County is pleased to issue this proclamation and commends Virginia Tech, its alumni, friends and supporters for their continued spirit and determination. Brian Wilson, President of the Roanoke Valley Hokie Club, has been invited to accept the proclamation. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 PROCLAMATION DECLARING FRIDAY, SEPTEMBER 3, 2010, AS THE ELEVENTH ANNUAL HOKIE PRIDE DAY IN THE COUNTY OF ROANOKE WHEREAS, the RoanokeValleyhas had a long and mutuallybeneficialrelationship with Virginia Tech, its alumni and supporters; and is home to many thousands of Virginia Tech alumni and friends of the University; and WHEREAS, Virginia Tech has brought great positive attention to Southwestern Virginia in academics, research and athletics; and the supporters ofVirginiaTech feel great pride in the accomplishments of the University; and WHEREAS, theVirginia Tech Hokie Club, which extends membershipto anyand all supporters of Virginia Tech, is promoting Friday, September 3, 2010, as the eleventh annual Virginia Tech Hokie Pride Day; and WHEREAS, the County of Roanoke wishes to recognize the positive impact of Virginia Tech on its community and to encourage all supporters of Virginia Tech, both individuals and businesses, to demonstrate their Hokie pride. NOWTHEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim Friday, September 3, 2010, as the eleventh annual HOKIE PRIDE DAY in the County of Roanoke, and call its significance to the attention of all of our citizens; and FURTHER, we extend our best wishes to Virginia Tech, its alumni, friends and supporters for continued success in future endeavors. ACTION N0. ~~ ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2010 AGENDA ITEM: Requesttoapprove holiday schedule forcalendaryears 2011 and 2012 SUBMITTED BY: Joseph Sgroi Director of Human Resources APPROVED BY: B. Clayton Goodman III .. ?~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: According to the Roanoke County Employee Handbook Chapter 4, Section L. Holiday Schedule, the Board of Supervisors "reserves the right to amend the holiday schedule at any time and to increase or decrease the number of holidays observed." The Board has in the past, approved the use of the Columbus Day floating holiday for the purposes of closing the County the day after Christmas. Case in point, in 2008, Christmas Day fell on a Thursday, and the Board approved using the floating holiday of Columbus Day to close county offices on Friday. V1le have in the 2011 calendar for major and minor holidays no issue with varying our floating holidays for that purpose. However, since in 2012 Christmas falls on a Tuesday, we are asking the Board to consider and approve using the 2012 Columbus Day floating holiday to close County offices on Monday, December24, 2012. This will give employees a long weekend on what usually is a slow business day in the holiday week and save on energy, lights and utilities. 2012 SUN MON TUE WED THU FRI SAT 12/24 12125 Apply Christmas Columbus Day Day Floating Holiday Holida Page 1 of 2 See attached holiday schedule for years 2011 and 2012. Justas a reminder, according to Chapter4, Section L. Holiday Schedule, "When a holiday falls on Saturday, the Friday before the holiday will be observed. When a holiday falls on Sunday, the Monday following the holiday will be observed." This will be the case on a few major holidays in both 2011 and 2012. FI SCAL I M PACT: Some utilities cost savings from closing County offices. STAFF RECOMMENDATION: In discussions with Administration and Department Directors this action was highly supported. Therefore, Staff recommends using the Columbus Day floating holiday for 2012 Christmas Eve, December 24, 2012, and the approval of the attached Holiday Schedule for years 2011 and 2012. Page 2 of 2 Za11 Holidays New Year's Day Saturday, January 1 -> Observed Friday 12/31/10 Martin Luther King Day Monday, January 17 Presidents' Day Monday, February 21 -> Floating Memorial Day Monday, May 30 Independence Day Monday, July 4 Labor Day Monday, September 5 Columbus Day Monday, October 10 -> Floating Veteran's Day Friday, November 11 -> Floating Thanksgiving Day Thursday, November 24 Day after Thanksgiving Friday, November 25 Christmas Day Sunday, December 25 -> Observed Monday 12/26/11 2012 Holidays New Year's Day Sunday, January 1 -> Observed Monday 1/2/12 Martin Luther King Day Monday, January 16 Presidents' Day Monday, February 20 -> Floating Memorial Day Monday, May 28 Independence Day Wednesday, July 4 Labor Day Monday, September 3 Veteran's Day Sunday, November 11 -> Floating Thanksgiving Day Thursday, November 22 Day after Thanksgiving .Friday, November 23 Christmas Eve* *Apply Columbus Day Floating Holiday F on Monday 12/24/12 Christmas Day .Tuesday, December 25 Reference: time and date.com/united states/calendar ACTION NUMBER ITEM NUMBER ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 24, 2010 Resolution initiating an amendment to Section 30-23-2, Nonconforming Uses of Buildings, Structures or Land of the Roanoke County Zoning Ordinance to modify provisions relating to the expansion of an existing nonconforming residential structure John F. Murphy Zoning Administrator B. Clayton Goodman III .. ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: Over the past few decades, comprehensive rezoning actions and zoning ordinance amendments have increased the number of nonconformities in the County including existing single family homes in commercial and industrial zoning districts. As a result, these homeowners are restricted from expanding their homes. Section 30-23-2 of the Roanoke County Zoning Ordinance specifies that no nonconforming use shall be enlarged, intensified or increased nor intensified to occupy a larger structure or building than was occupied atthe effective date of adoption orsubsequent amendment of this ordinance. By amending the Zoning Ordinance, itwould increase the flexibilityforthe Countyto allow for an expansion of a nonconforming residential structure in commercial or industrial zoning districts. FISCAL IMPACT: None Page 1 of 2 ALTERNATIVES: 1. Adopt the resolution ini~kiating an amendment to the Roanoke County Zoning Ordinance to modify the provisions that would allow for the expansion of an existing nonconforming residential structure in commercial or industrial zoning districts. 2. Take no ac~kion at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 RESOLUTION INITIATING AN AMENDMENT TO SECTION 30-23-2, NONCONFORMING USES OF BUILDINGS, STRUCTURES OR LAND OF THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY PROVISIONS RELATING TO THE EXPANSION OF AN EXISTING NONCONFORMING RESIDENTIAL STRUCTURE WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286 of the Code of Virginia provides that whenever the public necessity, convenience, general welfare or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the Board requests this amendment in order to address concerns with respect to the expansion of an existing residential structure located in a commercial or industrial zoning district, and to initiate by resolution the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That an amendment to Section 30-23-2, "Nonconforming Uses of Buildings, Structures or Land" of the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the expansion of an existing residential structure located in a commercial or industrial zoning district. Currently a nonconforming use shall not be enlarged, intensified or increased. 2. That this amendment be submitted to the Planning Commission for its review and recommendation, which shall then be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Page 1 of 2 Commission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 3. That the public necessity, convenience, general welfare or good zoning practice requires this amendment. Page 2 of 2 ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2010 AGENDA ITEM: Ordinance authorizingthe emergency relocation ofthe Bennett Springs voting precinct SUBMITTED BY: Judith Stokes General Registrar APPROVED BY: B. Clayton Goodman III County Administrator 3CCJ~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Mountain Pass Baptist Church has recently become unavailable for use as the Catawba Magisterial District, Bennett Springs polling place for the November 2, 2010, elections, due to an unexpected vote by the church congregation at a business meeting on August 11, 2010. The most convenient place to relocate the precinct is Masons Cove Fire Station. An emergency exists due to the urgent need to notify voters in the Bennett Springs precinct of this change in the polling place, which necessitates the adopting ofthis ordinance and dispensing of the second reading. FISCAL IMPACT: The cost of mailing notices to voters and the notice published in the newspaper will be paid from the Elections budget. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance to approve the emergency relocation of the Bennett Springsvoting precinctanddispense with the second readingoftheordinance upon a 4/5ths vote of the Board of Supervisors as an emergency measure. ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER TUESDAY, AUGUST 24, 2010 ORDINANCE AUTHORIZING THE EMERGENCY RELOCATION OF THE BENNETT SPRINGS VOTING PRECINCT WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended, provides that if a polling place becomes inaccessible due to an emergency, that the electoral board shall provide an alternative polling place subject to the prior approval of the State Board of Elections; and WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended mandates that the governing body of each county shall establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the Mountain Pass Baptist Church building has recently become unavailable for use as a polling place for the November 2, 2010, election due to a vote by the church congregation at a business meeting on August 11, 2010; and WHEREAS, Masons Cove Fire Station at 3810 Bradshaw Road, Salem, is available to serve as the new polling place for the Bennett Springs precinct; and WHEREAS, an emergency exists due to the urgent need to notify voters in the Bennett Springs precinct of the new location of their polling place, which necessitates the adopting of this ordinance on an emergency basis in accordance with the Roanoke County Charter; and WHEREAS, the first reading of this ordinance was held on August 24, 2010; and the second reading of this ordinance has been dispensed with, since an emergency exists, upon a 4/5ths vote of the members of the Board. Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an emergency exists due to the continued unavailability of the Mountain Pass Baptist Church as the polling place for the Bennett Springs precinct of the Catawba Magisterial District of Roanoke County. 2. That Masons Cove Fire Station at 3810 Bradshaw Road, Salem, is hereby designated as the polling station for the Bennett Springs precinct, Catawba Magisterial District for the November 2, 2010, elections. 3. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of the Bennett Springs precinct of this change in their polling location. 4. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this ordinance. 5. That this ordinance shall take effect immediately. The first reading of this ordinance was held on August 24, 2010; and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote of the members of the Board. Page 2 of 2 ACTION N0. ITEM NO. ~ ~ Q~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 24, 2010 Ordinance amending Ordinance 081010-3 approving a lease agreement for the Tinker Mountain Tower Site Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: The County of Roanoke owns and/or rents several sites around the Roanoke Valley for the purpose of maintaining towers and antennae for its public safety radio communications system. Thetowersitesare partof a regional system thatalso servesthe Cityof Roanoke and the Town of Vinton. One of the towersites is on Tinker Mountain in Botetourt County on property, which was owned by Lee C. Hartman, Jr. Mr. Hartman passed away between the first and second reading of Ordinance 081010-3. Negotiations with the Executor of the estate and primary beneficiary, John W. Brandemuehl, commenced after the Board's approval of Ordinance 081010-3 on August 10, 2010. After the Board adopted this ordinance, Mr. Brandemuehl agreed to amend the lease by extending its term from three (3~ years to five (5) years. Therefore, this ordinance should be amended to reflect the new lease term. The tower site has been used by the County for over a decade, and is important for reaching certain parts of the Valley and also helps to provide back-up capabilities for the system . The County paid Mr. Hartman $4,050/year rent based on a lease, which expired on June 30, 2010. Staff has negotiated a new lease with Mr. Brandemuehl with the following terms: • Five year lease begins July 1, 2010, at a rate of $4,252.50/year for the first year. • The rent increases by five percent (5%) each year thereafter, for a rate of $4,465.13 i n 2011, $4, 688.38 i n 2012, $4, 922.80 i n 2013, and $5,168.94 i n 2014. Page 1 of 2 FISCAL I M PACT: The total cost of this lease over the next five years is $23,497.75. Funding is available in the E-911 maintenance account. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading and schedule the second reading for September 14, 2010. Page 2 of 2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 ORDINANCE AMENDING ORDINANCE 081010-3 APPROVING A LEASE AGREEMENT FORTHE TINKER MOUNTAIN TOWER SITE WHEREAS, the County of Roanoke rents a site located on Tinker Mountain in the County of Botetourt, Virginia, on property previously owned by Lee C. Hartman, Jr., for the purpose of maintaining towers, antennae and equipment buildings for the operation of its public safety radio communications systems, said property being designated upon the Botetourt County Land Records as Tax Map No. 106-45; and WHEREAS, the County of Roanoke has leased this site for over a decade to provide E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, Mr. Hartman recently died and John W. Brandemuehl is the Executor of his estate and the primary beneficiary under his will; and WHEREAS, the most recent lease term has expired and staff has negotiated with John W. Brandemuehl for a new lease of this site; and WHEREAS, on August 10, 2010, the Board adopted Ordinance 081010-3 which approved athree-year lease term for this tower site; however, subsequent negotiations with Mr. Brandemuehl have resulted in a new five-year lease term. Therefore, Ordinance 081010-3 must be amended to provide for this longer lease term. WHEREAS, the provisions of Section 18.04 of the Charter of Roanoke County require that the acquisition of any interest in real estate, including the lease of real property, shall be accomplished by ordinance; the first reading of this ordinance was Page 1 of 2 held on August 24, 2010, and the second reading of this ordinance was held on September 14, 2010. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the lease of a parcel of land from John W. Brandemuehl, consisting of 0.0363 acre, more or less, as shown on Exhibit A attached hereto, together wi~kh the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site, for an initial term effective as of July 1, 2010, through June 30, 2015, at an annual rental of four thousand two hundred fifty-two and 50/100 dollars ($4,252.50), with an increase of five percent (5%) each year in the annual rental rate, is hereby authorized and approved. 2. That the rent payment shall be paid from the E911 Maintenance Account. 3. That the County Administrator or any Assistant County Administrator is authorized to execute this lease on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. Page 2 of 2 . r 1 ~~. \ ~\ ..• r ~ ~ r •w • • •! 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Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the second reading of an ordinance creating a community development authority (CDA) for the South Peak (Slate Hill) project. The County has received a petition to create a CDA from McNeil Properties LLC, Woodcliff Investments LLC, DNAL Holdings III, LLC, M&H Holdings Inc., Slate Hill I LLC and Slate Hill II, LLC ("Petitioners"). A copy of this petition is attached to this report. This project consists of commercial retail and office development and residential development on 62.5 acres. The first reading and public hearing was held on August 10, 2010. If approved, this CDAwould issue not more than the aggregate maximum principal amount of $16,000,000 in bonds to construct certain public infrastructure improvements, including sanitary sewer improvements; water utility improvements; storm sewer, storm water management and retention improvements; parking facilities; sidewalks; road, curbs and gutters; street signalization, signage and lighting; and landscape improvements. County staff has been refining a petition, ordinance, and memorandum of understanding with the Petitioners since late 2009. In addition, the Petitioners have provided staff with financial projections (bond financing projection no. 12 dated December 3, 2009) which include various assumptions for this project. Questions remain concerning these assumptions and financial projections. Staff has negotiated a draft memorandum of understanding as required in the Board's policy guidelines. This memorandum of understanding sets outthe issuance of the bonds forthe publicfacilities and infrastructure to be financed by the CDA, summarizes the phases for the development of this project, provides protections for the benefit of the County with respect to repayment of debt, Page 1 of 3 provides for the payment of certain incremental tax revenues derived from the project to repay the debt, and provides for a levy of a special tax on the real estate to repaythe debt and to pay the administrative costs of the CDA and the County if the tax revenues are insufficient to do so. If these bonds are not issued within three years of the adoption of this ordinance, the CDA will be dissolved without further action by the Board. The CDA will not issue any bonds without first receiving the Board's consent. If this ordinance is approved, then the following actions must be completed in order to begin the implementation of this project: 1. The Board must appoint the members of the CDA Board. Paragraph 4 of the ordinance references Exhibit 6 -Articles of Incorporation of the CDA. These articles list the Board members. 2. The Articles of Incorporation must then be filed with the State Corporation Commission. 3. The County mustconclude revisionsto the Memorandum of Understanding. These revisions include the issuance of building permits, the credit from the Western Virginia Water Authority, no obligation to pay for both temporary and permanent utility improvements, and the execution of the development agreement before the issuance of the bonds. 4. The drafting and execution of a development agreement. 5. Section 7 (b) of the Ordinance authorizes the County Administrator to execute the Memorandum of Understanding on behalf of the County. 6. Section 4 of the Memorandum of Understanding refers to an Exhibit E (the "Rate and Method of Apportionment of Special Assessment"). This exhibit must be drafted and submitted to the Board for its adoption as an ordinance. 7. Upon the completion of all of these other steps and numerous actions by the new CDA and the Petitioners/Developers, the Board will be asked to approve the issuance of the CDA bonds. This must occur sometime within the next three (3) years. FISCAL IMPACT: The Petitioner has paid to the County $20,000 to reimburse the County for its costs in the review and analysis of the petition, memorandum of understanding, ordinance and development agreement. STAFF RECOMMENDATION: County staff and our consultants have attempted to develop CDA documents to minimize the risks of this project to the County and its taxpayers. Roanoke County has never Page 2 of 3 undertaken an economic development project of this magnitude before today, and, if approved, it will have committed more local tax incentives to this project than any other project or combination of projects. The difficult economic times have changed how local governments encourage economic development. Public Private Partnerships are arguably the most sought after economic development tool by localities attempting to spur economic activity, especially on difficult or complex projects. Some CDAs in the Commonwealth are successful, while others are struggling. Some have defaulted on their financial commitments. This question is paramountto developing a recommendation to proceed with the creation of a CDA: Would this development occur without the creation of the CDA? The developer has told us "no". We believe that the scope, density and concentration of development cannot occur without the CDA. CDAs are established to construct a new development, which will enhance and expand the County's economic base. Will this CDA enhance and expand the County's economic base? The key decision in the creation of any CDA is how much local tax incentive is the local government willing to provide to the CDA? The developer seeks 70% of all new taxes generated by the proposed development, to the extent of the debt service coverage, for a 20 year term. Historically, the County has provided incentives during a term of three to seven years. It is reported thatthe development of a CDA creates no financial or legal responsibilitiesfor Roanoke County. Legally, this is correct. Realistically and practically, the ultimate performance of a CDA could create issues for the County. A failed CDA could negatively affect the County's future bond credit rating. This would occur when the County seeks to sell future bonds, or during a routine reevaluation from the rating agencies. During that process, the rating agencies evaluate the County's overall economic development status. A failing CDA would cast doubt on the County's economic future and its ability to support new development and growth, and could contribute to a downgrade of the County's bond rating. If this occurs, this could directly affect how much the County has to pay for a future bond sale. Where other CDAs have encountered difficulty, the local government creating the CDA has become directly involved attempting to insure the success of the CDA. If approved, the County and the developer will be partners. Is the Board comfortable in this partnership? We believe that the Board of Supervisors should cautiously consider the establishment of a CDA to assist in funding forthe public improvements necessaryto provide utilities, roads and public parking opportunities. There are many"caution flags"alongthisroad. We hope that we have identified all of them to assist you in making this Jiff icult decision. Page 3 of 3 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 ORDINANCE CREATING THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the Board of Supervisors of Roanoke County, Virginia (the "Board"), has received a petition (the "Petition") from McNeil Properties LLC, Woodcliff Investments LLC, DNAL Holdings III, LLC, M&H Holdings Inc., Slate Hill I LLC and Slate Hill II, LLC (collectively, the "Petitioners") for the creation of the South Peak Community Development Authority (the "CDA"), and the Petitioners have represented that they own all of the land within the proposed CDA district; and WHEREAS, a public hearing has been held on August 10, 2010, by the Board on the adoption of this Ordinance and notice has been duly provided as set forth in §15.2- 1427 of the Code of Virginia of 1950, as amended, and § 15.2-5156 of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, the Board proposes to create the CDA in order to provide the infrastructure improvements, facilities and services described in the Petition; and WHEREAS, the creation of the CDA to assist in financing the infrastructure, improvements and services in connection with the development of the land into a mixed-used development proposed to include commercial, retail and residential components known as South Peak (the "Project") will benefit the citizens of the County by promoting increased employment opportunities, strengthening the economic base and increasing tax revenues, and will meet the increased demands placed on the Page 1 of 5 County as a result of the development or redevelopment within or affecting the Project; and WHEREAS, the Petitioners have waived in writing the right to withdraw their signatures from the Petition in accordance with § 15.2-5156 of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: Section 1. Creation of Authority. The South Peak Community Development Authority is hereby created as a political subdivision in accordance with the applicable provisions of the Act. The CDA shall have the powers set forth in the Act. Section 2. Boundaries of the CDA. The CDA boundaries shall initially include the property containing approximately 62.5 acres, more or less, identified in Exhibit A, attached hereto and presented to the Board of Supervisors (the "CDA District"). In accordance with §15.2-5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the Circuit Court of Roanoke County for each tax map parcel within the CDA District as such CDA District exists at the time of issuance of the CDA's bonds (the "Bonds") and the CDA District shall be noted on the land records of the County. The County may adjust the boundaries of the CDA District to release or exclude land from the CDA District before or after the issuance of the Bonds so long as the owners of at least fifty-one (51) percent of the land area or assessed value of land remaining in the CDA District after adjustment petitioned for the creation of the CDA. In addi~kion, the CDA may release and exclude from the CDA District parcels of land with respect to which all special assessments have been paid or prepaid. Section 3. Facilities and Services. The CDA is created for the purpose of exercising the powers set forth in the Act, including acquiring, financing, constructing Page 2 of 5 and developing, and owning and maintaining, if necessary, certain permanent infrastructure improvements, facilities and services in connection with the development of the Project as described in the Petition and the Articles of Incorporation described below. The CDA shall not provide services which are provided by, or obligated to be provided by, any authority already in existence pursuant to the Act unless such authority provides the certification required by § 15.2-5155 of the Act. Section 4. Articles of Incorporation. Attached hereto as Exhibit B and presented to the Board of Supervisors at the time of the adoption of this Ordinance are the proposed Articles of Incorporation of the CDA. The County Administrator is authorized and directed to execute and file such Articles of Incorporation on behalf of the Board with the State Corporation Commission in substantially the form attached as Exhibit 6 with such changes, including insubstantial changes to the boundary description of the CDA District described therein, as the County Administrator may approve. The County Administrator is authorized to approve such other changes or corrections to the Articles of Incorporation prior to filing with the State Corporation Commission as do not change the purpose or function of the CDA as set forth in this Ordinance and in the Petition. Section 5. Capital Cost Estimates. The Board hereby finds, in accordance with § 15.2-5103(8) of the Act, that it is impracticable to include capital cost estimates, project proposals and project service rates, except as summarized in the Petition. Section 6. Membership of the Authority. (a) The powers of the CDA shall be exercised by an authority board consisting of five (5) members. Page 3 of 5 (b) All members of the CDA board shall be appointed by the Board in accordance with the provisions of § 15.2-5113 of the Act. (c) The initial members of the CDA board shall be as set forth in the Articles of Incorporation for the terms set forth therein. (d) Each CDA board member, except for officers and employees of the Petitioners and Roanoke County, shall receive such compensation for his or her services as a CDA board member as may be authorized from time to time by resolution of the CDA board, provided that no member shall receive compensation in excess of $300 per meeting attended unless authorized by resolution of the Board. Section 7. Plan of Finance; Memorandum of Understanding; Issuance of Bonds; Dissolution. (a) The infrastructure improvements, facilities, services and operations to be undertaken by the CDA as described herein and in the Petition shall be funded from all or some of the following sources: (i) bonds to be issued by the CDA; (ii) special assessments to be levied pursuant to § 15.2-5158(A)(5) of the Act, (iii) contributions made by the County of certain incremental tax revenues generated within the CDA District as more particularly described in the Petition and the Memorandum of Understanding, attached hereto as Exhibit C, to be entered into by County and the Petitioners of the Project and (iv) any other source of funding available to the CDA including rates, fees and charges to be levied by the CDA for the services and facilities provided or funded by the CDA and any other appropriations, grants, contributions or financial assistance that the CDA receives from other governmental entities. (b) The County Administrator is authorized and directed to execute and deliver the Memorandum of Understanding in substantially the form attached as Ex_ Page 4 of 5 C with such changes consistent with the tenor and intent of the Petition and this Ordinance as the County Administrator may approve. (c) The Bonds to be issued by the CDA will not exceed a maximum aggregate amount of $16,000,000, and will have a final maturity not later than twenty (20) years from the year in which the Bonds are issued. The proceeds from the sale of Bonds will be used to pay the costs of the infrastructure improvements, facilities and services as described herein and in the Petition, the costs of issuing the Bonds, any required reserves and the interest on the Bonds for a period of up to thirty-six (36) months after the issuance of the Bonds. (d) Any bonds issued by the CDA or any other financing arrangements entered into by the CDA will be debt of the CDA, will not be a debt or other obligation of the County and will not constitute a pledge of the faith and credit of the County. (e) In the event the Bonds or any portion thereof are not issued within three (3) years from the date of adoption of this Ordinance, the CDA will be dissolved in accordance with the provisions of § 15.2-5109 of the Act. (f) Adoption by the Board of this Ordinance does not constitute approval of the issuance of any bonds or similar debt obligations by the CDA. Section 8. Recordation of Ordinance. In accordance with §15.2-5157 of the Act, the Board hereby directs the Clerk of the Circuit Court of the County to record a copy of this Ordinance in its land records for each tax map parcel included in the CDA District and to note the existence of the CDA District on the land records of the County. This Ordinance shall take effect immediately. Page 5 of 5 PETITION FURSUA-NT TO'~IROINIA. CODE SECTION 15.2-5152, et seq. FOR TIE CREATX®l~' OF 'SHE SOUTIH PEAK COMMUNI'T'Y DEVELOPMEI~rT AUTHORITY TO TIE BOARD OF SUPERVISORS OF T~[E COUNTY OF ROANOKE, VIRGINIA WHEREAS, the undersigned (collectively, the "Petitioners" and each separately a "Petitioner"}, is the owner of certain real property located in the County of Roanoke, Virginia (the "County"}, more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"); and WHEREAS, the Petitioners (oz• their designee} are undertaking the development of the Property into amixed-use development to include commercial, retail and residential components {the "Project"}, which is in the public interest of the County and its environs and which benefits the Commonwealth of Virginia (the "Commonwealth"} and i.ts citi7,ens by facilitating the public purpose of economic development in the County; and WHEREAS, the Board of Supervisors of the County (the "Board"} is authorized, pursuant to 5 15.2-51.52 of. the Cade of Virginia of 1950, as amended (the "Virginia Code"}, to consider petitions for the creation of local community development authorities; and WHEREAS, Petitioners desire to join with the Board to create a mechanism for the funding of certain infrastructure improvements, facilities and services, including, among others, public roads, parking facilities, landscaping, public utilities, wetlands mitigation and storm water management to be .located in and around the area in which the Property is located, and that are necessary or desirable I'or development ar redevelopment within or. affecting the Project or to meet the increased demands placed on the County as a result of the development or redevelopment within or affecting the Project; and WHEREAS, Petitioners have determined that a community development authority (the "CDA"} affords the best mechanism for providing all or a portion of such infrastructure ixzlprovements and services in and around the area in which the Project is located; and V~HEREAS, the provision of such infrastructure improvements and services will facilitate the successful expansion of the County's tax base through increased reat property tax revenues, personal p~•operty tax revenues, retail sales tax revenues and business and license fee revenues from the expansion of the tax base contemplated within the proposed community development authority district; and NO'w, THEREI~D~RE, the undersigned Petitioners, pursuant to Virginia Code § 15.2- 5153, do hereby petition the Board to establish, by ordinance pursuant to Virginia Code ~ 15.2- 5155, the CDA. In support of this Petition, Petitioners state as follows: 1. Petitioners and District. Petitioners collectively a~•e the owners o#' alI of the land area proposed to be included within the geographic boundaries of the CDA such real property, ~vhich is Iocated within the boundaries of the Property, is herein referred to collectively as the "CDA District"}. A list of the parcels to be included within the CDA District is attached to this Petition as Exhibit A and i,s incorporated herein by this refe~•ence. All parcels Within the CD.A District are located exclusively within Roanoke County, Virginia. The CDA District boundaries are shown on the map attached to this Petition as Exhibit B and inco~•parated herein by this reference, but may be expanded by the Board by subsequent ordinance upon petition filed pursuant to the Virginia Code and further may be reduced to exclude land within the CDA District so long as the owners of at .least 51 percent of the land area or assessed value of land remaining in the CDA, District after adjustment petitioned for the creation of the CDA. Petitioners request that the CDA be called the "South Peak Community Development Authority." 2. Descri tip on of Infrastructure. ~l~acil.ities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, financing, constructing, equipping and providing the installation, operation, maintenance {unless dedicated to and accepted bar the appropriate governmental entity other than the CDA}, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit C, including, without limitation, {a) sanitary sewer mains and lines; (b) water mains and lines, pump stations and water storage facilities; (c) storm sewer mains and lines; (d) landscaping and related site improvements; {e} parking facilities; (.~ sidewalks and walkway paths; (g} storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control); (h}lighting {including street and decorative lights in public rights of ways; {i}street and directional signage; (j}wetlands mitigation; {k}roads, curbs and gutters (inclusive of rights of ways and easements related thereto); and {l}any and all facilities and services appurtenant to the above {collectively, al.l such existing and new public roads, utilities, facilities and services hereinafter, the "Infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes, and al:l such operating expenses of the CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal {all collectively hereinafter "the Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of way and easement acquisition, permitting, andlor relocation of existing utilities. 3. Descri tion of Provision and Financing of Infrastructure and 0 ration of the CDA. The Infrastructure shall be constructed by or on behalf of the CDA upon availability of funding. As set forth in paragraph 2 above, the CDA may contract for all services required far the Operation of the CDA and provision of the Infrastructure, The County and the CDA may contract with each other and with other parties necessary or desirable for the operation of the CDA and provision of the Infrastructure or services directly related to the Operation of the CDA, The proposed plan for the Operation of the CDA and for the provision of the Infrastructure within the CDA District is as ,follows: {a) The CDA may issue revenue bonds, in one or more series, for the Operation of the CDA and for the provision of the Infrastructure or any portion thereof, and for the administrative and other authorized costs and expenses of issuing such bonds and performing the work necess~~ry to provide the Infrastructure or any portion thereof. The issuance of the bonds by the CDA will require approval by the Eoard of Supervisors prior to issuance. Adoption of an ordinance by the Board of Supervisors creating the CDA will not constitute approval of the issuance of bonds. The bonds will be payable _~_ solely Isom revenues received by the CDA, including back-up special assessments, and shall be sufficient in an aggregate principal amount to produce amounts available for public improvement costs equaling ~ 11,058,305 (but in any event in an aggregate principal. amount no greater than ~ 1 b,000,000}; subject to and in accordance with the terms of a Memorandum. of Understanding between the Developer, the County and the CDA tthe "Memorandum of Understanding"), a copy of which is attached hereto as Exhibit D. (b} Petitioners propose that the Board to establish a special assessment upon taxable real property within the CDA District to finance ail or a portion off' the Infrastructure and the Operation of the CDA as described in and in accordance with the terms of the Memorandum of Understanding. Petitioner acknowledges that there will be a special assessment levied on al.l property in the CDA District and that each landowner in the CDA District agrees or will agree to provide disclosure to all purchasers of land in the CDA District of the existence of the CDA and the special assessment that is expected to be levied. ~c} Petitioners propose that the Board approve a plan to .make certain advances of County funds to the CDA using increased tax revenues generated by the development of the property within the CDA District, to finance the cost of the Infrastructure and the Operation of the CDA as described in and in accordance with the terms of the Memorandum of Linderstanding. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the County's efforts to attract new business and economic development to the County in furtherance of the County's business development strategies. The Infrastructure and the Operation of the CDA are necessary or desirable fox development or redevelopment within ar affecting the Project or to meet the increased demands placed upon the County as a result of the development ar redevelopment within or affecting the Project. The development or redevelopment of the Project, which would be enabled by the Infrastructure and the Operation of the CDA, will enhance the County's tax base by increasing tax revenues and by increasing the value of the real property within the CDA District. 5. .Members of the CDA. The CDA shall have five members appointed by the Board pursuant to the terms of Virginia Code § 15.?-5 I ~13. The Petitioners agree that one or more members of the board of the CDA may be members of the Board or County staff and further agree that all members of the CDA board shall reside in the County. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Board, provided that no such abolition shall occur while any CDA obligation remains outstanding or at ar~y time in the three years following the adoption by the Board of the ordinance creating the CDA. Furthermore, it is canternplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and/or appropriate for the continued operatio~~ of the CDA. The CDA shall be deemed to be automatically dissolved without further action by the Board of Supervisors if no bonds are approved and issued within three years after the adoption of the ordinance creating the CDA. _3_ 7. ?V~a Liability of County amendment of ~r~inance. ~'he Petitioners a.~ree that the Bonds will constitute a debt of the CDA and .shah not be deemed to be a~~ obligation of the County. The County shall not pay debt service on any part of the Bonds frarn revenues or funds derived by the County from sources other than the special taxes ox assessments authorized in Section ~ 5.2-~ ~ 5S of the Virginia Code. except as maybe specifically provided in the ordinance creating the CDA and as specifically set forth in the MemQrandu.m of Understdnd.ing. No amendment to the ordinance creating the CDA shah impose any financial obligation on the County other than as set forth in the ordinance erecting the CDA, as oribinally adopted, and in the Nf emorandurn ©~' Understanding. 8. bounty's Costs. The Petitioners agree to pay all costs incurred by the County :in connection with the creation of the CDA, including County staff time in reviewing and evaluating the documents required to create the CDA., advertising .for public hea~•ing, ~'etain~ng financial, lega.ll, engineering and other consultants required by the County, printing, and other di~~ect and indirect costs incurred by the County in creating the CDA and in connection with the .issuance of the Bonds, whether o~• not the CDA is created or the Bonds are issued. 9. o Comrnitrrpent to A rove Bonds. The undersigned acl~nowledges that adoption of an ordinance by the Board creating the CDA does not constitute approval of the issuance of the Bonds by the CDA. The issuance of any bonds by the CDA is subject to the prier approval of the Board of Supervisors. I0. ~V"aiver. Each Petitioner intends to provide a waiver of the thirty (~}} day period to withdraw its signature from this Petition as provided in Virginia Code ~ 15.2-51.5bB. ACC+~I~.DII~GLY, for the reasans above, and in reliance upon the assurances and covenants set out herein, Petitioners respectfully request that the Board establish the South Pear District +Conamunity Development Authority for thepurposes set forth in this Petition. . ~ WITNESS HERE~P, Petitioners have executed this Petition pursuant to due authority thls e'rr' day of ~i ~~: ~ ~ °~' , 2a~o. McNeil Properties LLC, a Virginia limited liability company By. .dames Sni~h, Member ~''oodcliff Investments LLC, a Virginia limited liability company By } dames R. S i~ , Member _4_ L~AI~ Hel~ngs I~, I:~LC, a Virgln~~~ limited liability company r ley: .~ar~es ~. ~ 't, .ember ~~H Heldir~g~ inc., d.~'irbinia carperation .. ~y; Ja.rnes ~. ~n ~ , President date Hill I LLB, a Virginia limited liability company By~ Jamey R. Smit. , ll~en~ber date Hill ~I LLB, a V~i~inia limited liability ct~.~.pdny By; James R,. S ,i , Member _~_ Exhibits: Exhibit A - List of Parcels by Tax Map Number Exhibit B - Map of CDA District Exhibit C ~ Description of Proposed infrastructure Exhibit D ~ Draft of Nlemarandum of Understanding ~6- E~~i~~~T A LIST ~~~ PAItCLLS ~Y TA.~ MAP ~'UMB~R Prouerty ~w~ner GP~N Number Di~TAL Holdings ~rZ, LLC 077.20-01-48,01-0000 '~ ~. H Holdings inc. 077.20-0 ~.-02.01-0000 McNeil Properties LLC 077.20-01-10,00-0000 McNeil Properties LLC 077.20-0 ~ -11.00-0000 McNeil Prope~~ties LLC 077.20-0~1-15.01-0000 McNeil Properties LLC 077.20-01-17,00-0000 McNeil Properties LLC 077.20-0 l -18.00-0000 McNeii Properties LLC 077.20-01-19.00-0000 McNeil Properties LLC 077.20-01-20.00-0000 McNeil Properties LLC 077,20-O1-Z 1.00-0000 McNeil Properties LLC 077.20-01-22.00-0000 McNeil Properties LLC 077.20-O1-23.00-0000 McNeil Properties LLC 077.20-01-24.00-0000 McNeil Properties LLC 077.20-01-25.00-0000 Slate .Hill I LLC 087.08-03-11.00-0000 Slate Hill II LLC 0?7.20-0 l -52.00-0000 Woodcliff 1nveStments LLC 077.20-01-03.00-0000 Woodcliff Investments LLC 077.20-01-04.00-0000 Woodclit'1' Investments LLC 077.20-01-.14.00-x000 Woodcliff Investments LLC 077.20-01-54.00-0000 Woodcliff Investments LLC 077.20-01-55.00-0000 A-1 MAC Attached berets B~1 E~.~IB~rr ~ I~E,SCRIPTY~I~ ~F PR~P~SE~ L~FRA~STRUCT~JRE Sanitary sewer. impravements - water utility improvements - Sto~•m sewer, storm ~wate~r management and retention improvements - harking ~acilitaes - Sideways -- Raad., curbs and gutters ~- Street signali~ation, signage and lighting - Landscape improvements T Estimated cost of ~nfrast~'uctu:re ~ i 1,58,345 Includes all related architectural and c~~inc~c~rin~, contifl~~;ncy, dcvc;lapm~;nt fr:cs. C~~ ~~BIT D ~f~N~~K~NDU~1®F' ~1N~~R~~'AI~~IN~ Form attached hereto D-I I~~II~~R~ D~J,I~ 4F IJ~IDF~STA~N~~N~ THIS 11~EMORANDLi'VI OF LINDERSTA~'Dr.NG (this "Memorandum"} is made as of this day of , 2010, by and between the COUTNTY OF ROANOKE, 'UIRGII~IA (the "County"), and SLATE .HILL I LLC, a Virginia limited liability company, or its Successor ar assigns, as petitioner on behalf of itself and the other petitioners executing the Petition {hereinafter defined} and as developer (the "Petitioner"}. Vi~ITNESSETH WHEREAS, the Petitioner is the owner of` ce~•tain real property located in the County and more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"}; and WHEREAS, the Petitioner has filed with the Board of Supervisors of the County (the "Board of• Supervisors") a petition (the "Petition"} pursuant to Sections 15.2-51.52 et .secy. of the Code of Virginia of 1950, as amended (the "Virginia Code") and County Resolution 092308- ]. adopting policy guidelines for approval of the c~•eation of a comnr~unity development authority {the "County CDA Policy"}, requesting the Board of Supervisors to create the South Peak Community Development Authority (the "CDA"} to assist in the development of certain infrastructure .improvements as described in the Petition and on Exhibit B hereto (the "Improvements") in conjunction with the development of the Property as a mixed-use project consisting of comn~ereial, retail and residential components {the "Project"}; and WHEREAS, in connection with the .Board of Supervisors' consideration of the Petition and its proposed adoption of. the ordinance attached hereto as Exhibit D (the "Ordinance") creating the CDA and designating the CDA District (as described in the Ordinance}, the parties wish to set forth several understandings in this ~ emorandum with respect to the CDA and its plan of finance in this Memorandum: NO'~V, THEREFORE, in consideration of the foregoing, the parties set forth the following agreements and understandings: 1. Issuance of fonds. The parties propose that the CDA will issue bonds (the "Bonds"} pursuant to Virginia Code Sections 1.5.2-5158(A}(2) and 15.2-51.25, under an :indenture of Trust (the "Indenture"} between the CDA and a trustee (the "Trustee") in one or more series in an aggregate principal amount sufficient to pay the costs of Improvements equal to $11.,058,305 plus amounts sufficient to pay capitalized interest for a period ending on the earlier of approximately one year following completion of construction of the Improvements ar three years following the .issuance of the Bands (the "Capitalized Interest Period"}, the costs of funding required reserves, the costs of issuing the Bonds (includ.ir~g, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees} and any additional administrative costs to be incurred by the County in connection with the administration and operation of the CDA, subject in all respects to an aggregate maximum principal amount of ~ 1 ~,OO0,000. The Bonds shall have a term of no longer than twenty (20j years from the year in which the Bonds are issued, inclusive of the capitalized interest period, and may be issued either on a tax-exe;~pt basis, a taxable basis or a combination thereof. In the event the Bonds are not issued within three (3) years from the date the Qrdinance is adapted, the CDA wilt be deemed to be dissolved without fi~rther action by the .Board of Supervisors. The CDA will not issue any Bonds without first ~•eceiving the Board of Supervisors' consent to do so. Z. Develo went of In1 rorements° LTndertakin of the Pro'ect. (a) The Improvements to be financed in whole or in part with the proceeds of the Bonds provided by the Petitioner, consist of various infrastructure more particularly described in the Petition and in Exhibit B hereto. Amounts not needed for any portion of the :[.mprovements shown on Exhibit B may be reallocated first to other Improvements shown on Exhibit B and then to such associated improvements as may be approved by the CDA and the County. The CDA, or the Petitioner (or its designee), on behalf of the CDA, will enter into contracts for the acquisition, design, construction, project management and development of the Improvements. No such contract will obligate the CDA to make any payments other than from proceeds of the Bonds to be disbursed in accordance with requisitions that have been approved in accordance with the provisions of a development agreement (the "Development Agreement") among the CDA, the County and the Petitioner or from other moneys provided to the CDA for such purpose. If the proceeds of the Bonds are insufficient to pay the costs of completing the In~prove~ments, the Petitioner will pay the costs to co.rnplete the Improvements. (b) The Petitioner agrees to use commercially reasonable efforts to undertake the Project, subject to market conditions as they may from time to time exist. The Petitioner's undertaking of the Project will be in phases and the Petitioner anticipates that the Project will include the following: (Phase ~~}; (i) a 90-unit Milton Garden Inn or hotel of comparable quality and size (ii) approximately 38,004 square feet of Class A office space (Phase I}; viii) a residential condominium project consisting of approximately 120 units (Phase I and II); (iv} approximately 23,000 square feet of restaurant space that consists of restaurants of comparable quality to Cheesecake Factory, P. F. Chang's, Legal Seafood or other sinlildr restaurants reasonably acceptable to the County (Phase I and lI); and (v} approximately ].00,000 square feet of retail space (Phase II). (c} The Petitioner agrees that the retail space and restaurant space described in paragraph 2(b)(iv) and (v) above shall consist of businesses that (A} are not currently operating rn Roanoke County unless any such business either (I} ~s locating an additional restaurant or zetail operation to that already operating in Roanoke County or (II} the business is relocating and increasing its gross floor area by 140 or (B) are approved by the Board of Supervisors. (d) In undertaking the Project pursuant to paragraph 2(b) above, the Petitioner agrees that it will use its best efforts to complete the Project in accordance v~lith the schedule shown on Exhibit C hereto, subject to market conditions as they may from time to time exist. 3, Submission of Information. Before the issuance of the Bonds, the Petitioner or the CDA, as appropriate, will submit to the County Administrator an offering n~enlorandum or other disclosure document to be used in connection with the sale of the Bonds and such other information with respect to the CDA's finances and the issuance of the Bonds as the County Administrator may reasonably request. Such documents will be furnished to the County solely for i~lformational purposes and receipt of any such document does not constitute approval of any such document by the County or any person not submitting such documents. ~. ~tev~nue Sources for Pa3, went of „thy Bonds. Debt seI•vice on the Bonds and other ex eases of the CDA payable in any calendar year shall be paid first from Incremental Tax A Revenues available for such purpose; if such revenues are insufficient for such purpose, then second, from available revenues in the Surplus Fund; and then third, from revenues derived from Special Assessments (as hereinafter defined}. For purposes of this section 4 and subject to the condition set forth in subparagraph 4(a}(ii}(C) below, the ph~•ase "available far such purpose" steal! mean such Incremental Tax Revenues collected by the County and without regard to whether the Board of Supervisors has appropriated any such Incremental Tax Revenues to the CDA. (a} Incremental Tax Revenues. (i) The County hereby agrees to pay to, or on behalf of, the CDA amounts equal to certain .Incremental Tax Revenues, determined as set forth below, each gear as long as any Bonds are outstanding. The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Incremental Tax Revenues in the Count}l's budget for each fiscal year any Bonds ale outstanding. (ii} (A) Du~•ing the period beginning on the date the Bands are issued and ending on the date that is one ~ 1 }year after the final use permit far the Project is issued, but in no event later than six {~) years following the issuance oI• the Bonds (such date defined herein as "Stabilization"}, all Incremental Tax Revenues, less such amounts as may be deducted by the County to pay administrative expense:S, shall be paid, subject to subparagraph (iv) below, semi- annually by the County to the Trustee, as assignee of the CDA, in an amount equal to one-half of the Incremental Tax Revenues for the prior calendar year on each 1 and l beginning on the l i.nLmediately following the issuance of the Bonds (or such later date as the Petitioner inay direct). Following Stabilization, the County will pay to the Trustee Incremental Tax Revenues, subject to subparagraph Div) below, semi-annually on each 1 and 1, in an amount equal to one-half of the lesser of (1 }the amount needed to pay the Annual .Installment (as defined in paragraph 4~b) below) in the current calendar year or (2) Incremental Tax Revenues collected in the prior calendar year. ~B) The payments to the Trustee on behalf of the CDA of Incremental Tax Revenues shall be used by the Trustee, at the direction of the CDA, on asemi-annual basis to pay, in whole or in part as the case may be, the Annual Installment for that particular calendar year attributable to the Bonds and, until Stabilization, to fund the Surplus Fund. C) The County's agreement to pay Incremental Tax Revenues to the Trustee is contingent upon compliance by the Petitioner with the covenants contained i:n paragraphs Z(b} and ~c} above. (iii1 Notwithstanding anything to the contrary in this Memorandum, the County shall make each such payment of amounts equal to the Incremental Tax Revenues only to the extent it has collected Incremental Tax Revenues. (iv) The County's obligation to make payments to the CDA of Incremental Tax Revenues shall not be deemed to be a general obligation of the County and shall be subject to and dependent on appropriations being made from time to time by the Board of Supervisors for such purpose. ercent % (v} Incremental Tax Revenues shall equal the Burn. of seventy (70) p o#' {I} the County's regular ad valorem real property tax revenues collected each calendar year by the County within the CDA District (including payments of any "roll back" taxes) which exceed the ad valorem real property tax revenues levied by the County within the CDA District during calendar year 2010 which base amount is $ , (Il:) the County's personal property tax revenues collected each calendar year by the County within the CDA District, (III} the County's transient occupancy tax revenues collected each calendar year by the County within the CDA District, but not including any portion of such tax required to be used for tourism and tourism- related services, (IV) the County's portion of the retail sales and use tax revenues collected in each calendar year by the County from retail and other establishments located within the CDA District and subject to such retail sales and use tax, (V}the County's BP4L tax revenues collected each calendar year by the County f~•om businesses located within the CDA District and. (VI} the County's meals tax revenues collected each year by the County from restaurants and other establishments located within the CDA District and subject to such meals tax. (vi) If, in any calendar year up to and including the year in which Stabilization occurs, the Incremental Tax Revenues available to the CDA pursuant to the provisions of this section 4 exceed the amount necessary to pay the Annual Installment for such calendar year, such excess shall be deemed a "Surplus." Any Surplus shall be deposited by the County in an account (the "Surplus Fund"} to be established with the Trustee under the Indenture and shall be used in the event Incremental Tax Revenues are less than amounts needed to pay the Annual Installment due in such period. If any portion of the Annual Installment for a given calendar year, up to and including the year in which Stabilization occurs, was collected by the County from the Petit.ioner's payment of Special Assessments, the Surplus shall be used to reimburse the Petitioner fog- that portion of the Annual Installment that was actually collected by the County. Following Stabilization, and after the application, if any, of Surplus as described above, any amounts remaining in the Surplus .Fund shall be paid to the County and all Surplus generated thereafter shall remain with the County. (b} S e~cial Assessment. (i) f~~q~.cest f~~r Collec~ivrz -- Not later than February 15 of each year, commencing in the calendar year following the issuance of the Bonds, the County agrees that the CDA will furnish the annual report described in paragraph S(c) to the County and requesting the County to collect annual installments (the "Annual Installment") of a special assessment (the "Special Assessment"} u~Jithin the CDA District pursuant to Virginia Code Section 1.5.2-S1S8(A)(5) in an amount to be determined in accordance with the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit E (the "Rate and Method"), which amount may be zero with respect to one or more Parcels (as defined in the Rate and Method}, The Special Assessment shall be in an amount equal Co debt. service on the Bonds, 4 administrative expenses of the County in connection with the levy and collection of the Special Assessment and the performance of its obligations hereunder, less other amounts available for the payn~ent of such debt service and expenses including, in particular, amounts on deposit to pay capitalized interest during the first three years following the issuance of the Bonds (the "Assessment Amount"). The Annual Installment shall be equal to the Assessment Amount due in any calendar year. (11) Cot~n~y's A~reejne~~t ~vith respe~~t to Assessr~tent; Assi~~n.tnent -- The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Annual Installment in the County's budget for each fiscal year any Bands are outstanding; provided, however, any collection and payment of the Annual Installment from revenues derived from Special Assessments shall be made only to the extent that Incremental Tax Revenues are not available for such purpose as set forth pursuant to this Memorandum. The County agrees that so long as the Bonds are outstanding that the County will collect the Annual Installment and pay the amounts received thereunder to the CDA, subject to appropriation each year by the Board of Supervisors. To the extent permitted bylaw, the County pledges and assigns all of its right, title and .interest in the Annual Installment to the CDA (except amounts that may be retained by the County to pay administrative costs, as described in paragraph 4{c} below}, The CDA, in turn, will pledge and assign alI of its right, title and interest in the Annual Installment to the trustee for the Bonds the "Trustee"} or its successor who will use the moneys received, except for amounts segregated I'or approved administrative expenses, to make debt service payments on the Bonds and the County agrees to .make all such payments directly to the Trustee for the Bonds. The Trustee will return any amounts segregated for approved administrative expenses of the CDA to the CDA. The Annual Install rnent assigned by the County includes any payments fro.n~ foreclosures, less costs of collection, and excludes administrative fees for the cost of administration as described in paragraph 4(c} below. The CDA will have the right to retain a portion of the payments assigned by the County to pay the CDA's administrative expenses as approved by the County and such portion of the payments is not pledged or assigned to the Tr~lstee for the Bonds. The County's obligation to .rn.ake payments to the CDA of the Annual Installment shall not be deemed to be a general obligation of the County, shall be payable safely from payments of the Annual Installment received by the County and shall be subject to and dependent on appropriations being made from. time to time of the Annual Installment by the :Board of Supervisors for such purpose. (llij Lurzclo~wfzers' A~ree~nettr l~ti'ith Respec~~ to Asses.5,~nefzt -- In accordance with Virginia Code Sections 15.2-51.58(A}(5) and 15.2-2405, the parties will agree to the Special Assessment to be levied and apportioned in accordance with this 1Vle.morandum and the Rate and Method to be approved by the Petitioner and adopted by the Board of Supervisors and thereafter incorporated into the terms of this Memorandun~ as though set forth fully herein. L~pon such incorporation, the Petitioner for itself and its successors and assigns will represent and agree that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed the peculiar benefit to the assessed property resulting from the Improvements and is apportioned to property within the CDA District on a rational basis. 5 Div} filling acid Collec~tic~n of Annual ~'f~.s~~r~ldnze~~l -- The County shall bill the Annual Il~stallment, to the extent the CDA requests collection of the Annual Installment, in the same manner and at the same time as it bills its real estate taxes. The amount of the Annual. Installment for each Parcel will be recorded in the County land records such that the public will have access to its existence. Penalties and interest on delinquent payments of the Annual Installment shall be charged as provided by law. To the extent practicable, the Annual Installment shall be included in a separate bill in the same envelope as the County's regular real estate tax bill, and shall be collected on the same dates as the Counnty's real estate taxes. Payments of the Annual Installment collected by the County shall be segregated from all other funds of the County and may not be used far any other pul~ose by the County. (v} Collectiotz o~ f D~1in~l~ent A,ssess~~z~r~ts -- The County's customary tax payment enforcement proceedings will apply to the collection of any delinquent payment of the ,Annual Installment. The County shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the County's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then- current statutes of the Commonwealth of. Virginia. The County agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of the Annual .Installment. The parties understand and agree that the County's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the County will obtain the CDA's consent with respect to any such amounts in excess of $200. Any amounts on deposit in the Surplus Fund after the Bonds have been repaid in full, or provision for their repayment in full has been made, and any reimbursements to the Petitioner have been made as provided above, shall be paid to the County. (c} Administrative Costs. The County shall be entitled to reimbursement of its reasonable costs and expenses associated with the CDA, including the administration and collection of the revenues, whether Incremental Tax Revenues or Special Assessment revenues, payable to the CDA. Administrative expenses (not to exceed $25,000 each year when an Annual Installment is not collected and $50,000 in any year in which an Annual Installment is collected, may be deducted by the County in its remittance to the CDA or the T~•ustee far the Bonds; provided that any payments of administrative expenses during the Capitalized Interest Period may be paid from proceeds of the Bonds to the extent Incremental Tax Revenues collected by the County, including amounts in the Surplus Fund, are insufficient to pay such administrative expenses. Zn addition to the deduction for administrative expenses described above, the County shall be entitled to recover any additional administrative expenses and any costs incurred by the County in conjunction with any and all proceedings to collect the amounts payable to the CDA hereunder, including tax foreclosure, administrative and other proceedings as provided for and permitted by Virginia Code Section 15.1-358. (d} Notice to Subsepuent Landowners. The Petitioner will include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of land within the CDA District that is subject to an outstanding Special Assessment a disclosure statement that includes a statement of the amount of the applicable portion of the Special Assessment and setting forth the name and address of the CDA's administrator or other location where 6 information regarding the CDA and the Special Assessment may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying any fee simple interest in land within the CDA District that is subject to an outstanding Special Assessment include such disclosure statement. Thy Petitioner agrees that it will notify the CDA and the CDA's administrator in writing, within ten (.l0} days after recordation of a deed of conveyance, of the sale of any land owned by the Petitioner .indicating the tax map parcel number of the property sold and the purchaser of the property. 5. Addationa~ covenants. (a} The Petitioner and County agree that the Bonds will be ,sold by the CDA only in minimum denominations off' $.1.00,000 and $1,000 integral denominations in excess of $100,04. (b} The Petitioner agrees to assist the CDA in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 even .if the Bands are exempt from such Rule and v~1il! provide such information as the CDA may reasonably request in connection with such disclosure obligations. The County shall cooperate with the Petitioner and the CDA and steal! endeavor to provide inforrnatian with respect to the Special Assessment and Increments! Tax Revenues, as appropriate, reasonably requested by the CDA in connection with the CDA's disclosure obligations. The County's time and expenses in connection with the disclosure obligations set forth herein shat! be considered Administrative Expenses of the type described in paragraph 4(c} above and the County shall be entitled to reimbursement for such expenses as provided in paragraph 4(c}. (c} The Petitioner and the County agree that the CDA will engage a professional administrator to oversee its financial affairs and shall obtain an annual report of the CDA':s finances from such administrator. Copies of such financial report and all other reports required by the Trustee for the .Bonds and the owners of the .Bonds shall be furnished to the County Administrator as soon as they are available to the CDA. The CDA will provide draft annual Iinancial statements to the County p~•epared in accordance with generally accepted accounting principles. Unless otherwise approved by the County, the CDA's audited financial statements will be audited by the auditor engaged by the County to audit the County's :financial statements. The fiscal year of the CDA shall be from July 1 through June 30. The CDA will pay all costs and expenses, including staff time and expenses incurred by the County, .incurred in connection with the CDA's annual audit, and the County Shall have no ~•esponsibility for such costs and expenses. (d} The Petitioner and the CDA agree that all improvements financed with proceeds of the Bonds will be owned by the CDA or ocher appropriate public entity. The Petitioner will convey all Improvements to the CDA, the County or other public entity, with the terms and conditions of such conveyances and acceptance to be set forth in detail in the Development Agreement. (e j The Petitioner agrees that the Improvements will be built in accordance with all applicable federal, state and loco! laws, rules and regulations and that the improvements to be acquired by the County, if any, ufill be built in compliance with all applicable specifications of the County, 7 ~f) The Petitioner agrees that the Board of Supervisors of the County shall have complete discretion in selecting and appointing members of the board of the CDA. Neither the Petitioner nor the CDA nor any other person shall have any right to circumscribe that discretion in any way. {g) The Petitioner agrees to use its best efforts to provide or cause to be provided to the CDA's administrator such information as the C~DA's administrator may need to determine Incremental Tax Revenues. The Petitioner agrees to include provisions in any lease or sale of property in the CDA District requiring the tenant or purchaser, as the case may be, to provide such information to the CDA's administrator as may be necessary to determine Increrr~ental Tax Revenues with respect to such tenant's or purchaser's property. The Petitioner waives any rights to confidentiality that may exist as to the payment of sales tax revenues and transient occupancy tax revenues and agrees that such inforn~ation may be provided to the CDA's administrator by the Commissioner of the Revenue but only to the extent necessary to determine Incremental Tax Revenues. ~h) The County shall be indemnified and held harmless by the Petitioner for any claims, demands or losses, or for any claims against or damages made or suffered by the County, arising from any act or negligence o#' the Petitioner in connection with its obligations under this Agreement and the construction and conveyance of the Improvements, excepting such as may arise through or be caused by the willful misconduct or negligence of the County or any of the County's employees or as may arise out of the County's exercise of its legislative discretion, whether lawful or unlawful. The Petitioner agrees that the indemnifications and protections afforded the County in this subsection shall survive the termination of this Agreement. Further, the Petitioner agrees that references in this subsection to the County shall be deemed to include the County's supervisors, officers, employees and agents. ~i} The Petitioner agrees that it or its assignee (including a property owners association formed with respect to the Project) shall undertake responsibility for the maintenance and operation o#' the Improvements. The Petitioner further agrees that the costs of such maintenance and operation shall be borne by it for its assignee) and the Special Assessment may be sized in amount necessary to pay .for such maintenance costs to the extent the Petitioner (or its assignee) does not make adequate provision for the payment of such costs. 6. Approved Bud~et~_a„nd„ ~~utice of ~-~pcopriation. The County shall furnish to ,,,,.,. the Petitioner, the CDA and the Trustee far the Bonds as soon as available a copy of the approved budget of the County for the next succeeding fiscal year o#' the County. The County Administrator shall deliver to the CDA and to the Trustee for the Bonds within 10 days after the beginning of each o#' the County's fiscal years a written notice specifying the amounts appropriated by the Board o#' Supervisors to the CDA during such fiscal year. The County agrees to notify the Trustee for the Bonds in the event the Board of. Supervisors fails to appropriate any amounts payable hereur~der by the County. 7. Pr~~~isites tp ~ssnar~ce oi' Bonds. The Petitioner acknowledges and agrees that the creation of the CDA and the issuance of the Bonds will be subject to the terms of the County CDA Policy including that the Bonds will not be issued by the CDA without. prior approval o#' the Board of Supervisors. The Petitioner and County agree that the CDA will not 8 issue Bonds until the Petitioner has satisfied the prerequisites set forth in this paragraph. The Petitioner agrees that it will provide the following to the County in form and substance reasonably satisfactory to the County before the issuance of the Bonds: (a) such infarn~ation and assurances as are necessary to complete the disclosure documents prepared in connection with the sale of the Bonds; (b) confirmation that the Project complies with all applicable zoning requirements; and (c) such engineering and other reports regarding the Improvements and the Project as the County shall reasonably require. 8. Ap 3„Loval b~~„Co„~„u, nty. Any approval or consent required of Che County under this 1Vlemorandum may be given by the County Administrator or such officer's designee unless action by the Board of Supervisors is expressly required. 9. Successors and Assigns. This Memorandum shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns, For purposes of this Agreement, "successors and assigns" of the Petitioner shall mean only those persons or entities who are permitted successors and assigns of the Petitioner under the provisions of an instrument and who either succeed to the interest of the Petitioner under this Agreement by express written assignment and assumption or who are successors by operation of law to the organizational existence of the Petitioners as an entity (e.g,, the surviving entity in a .merger between the Petitioner and another entity). 10. Amendments. This Memorandum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 1.1. Term. This Memarandurr~ shall be in full force and effect until ail Bonds have been paid or deemed na longer outstanding under the Indenture or three years from the adoption of the ordinance creating the CDA if not Bonds have been issued. ~2. Seyerab, il,_ity,. If any clause, provision or section of this Memorandum is held to be illegal or invalid by any coul•t, the invalidity of the clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Memorandum shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained .in it. ~.3. Counter arts. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, and ali of which togethex- shall constitute but one and the same instrument. 14. Re,~ tals. The recitals set forth at the beginning of this ii~emarandum are incorporated into and made a part of this il~emorandurn as though they were fully set forth in t:~is Section l4 and constitute representations and understandings of the parties hereto. ~5. Governln~ Law and Venue. This Memorandum shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules. 9 ~~. ~'o_ tires, Any notice, request or other deliveries required to be given hereunder .shall be deemed given if sent by registered or certified mail, or overnight delivery service, postage prepaid, addressed to the following addresses: County: CDA: Petitioner: Any pa~•ty may designate any other addresses for notices or requests or other deliveries by giving notice under this Section 16. 10 wIT1~S5 the following signatures. ~~~]~T~ ~~' ~~ANCI~, ~II~~L'~A- ~~. Title: County Administrator SLATE SILL I LLC, as Petitioner, on behalf of itself and the other petitioners executing the Petition Bye James R. Smith Title: :member 11 Exhibit A CAA property A-1 E~chibit ~ ~~prove~e~nt~ -- Sanitar~~ sewez• improvements - Water utility improvements -- Storm sewer, storm water management and retention' improvements - Parking facilities - Sidewalks -- Road, curbs and gutters -- Street signalization, signage and lighting - Landscape improvements Estimated cost of Infrastructure $11,058,305 :~ Includes al! related architectural and engineering, contingency, development fees. B-1 - ~ [] G ~? C~ P~ fl Q _O C) G U O C? O 0. C7 C7 C U Q fl G ~ C) C~ Q ~ D C3 ~D ~ ~ fit? tD t cD tD ' # ~- , . lG ~ fit] lG tt? ~ LD ~ ~ . ~ • r r r ~ . r r -. a ~ • ~ ~] to tp tp ~ +,~ ~S7 tD cD tD tD ~ tb cD ~D. e-I e~S r~l ri ~i r'1 rl rl r-I rl ri r~ rl ri ri 4 C~ C? 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ITEM NO. ~ r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 24, 2010 Ordinance authorizing conveyance of a forty-foot (40') utility easement to the Craig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board ofSupervisors - Catawba Public Safety Building/Fire Station, Catawba Magisterial District Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III Count Administrator~~ Y COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Catawba Hospital is seeking a public utility easement from Roanoke County for the purpose of installing an overhead electrical line to its Building # 1, the Hospital Paint Shop, which is located in proximity to Roanoke County's Catawba Public Safety Building/Fire Station. The attached map shows the approximate location of the desired easement. The existing underground electric line from the hospital to the Paint Shop has failed. A dead short to ground developed somewhere along the length of the underground cable. Replacement of an underground electric line would necessitate extreme expense compared to the cost of an overhead electric line from the County's Catawba Fire Station. Appalachian Power Company (APCO) currently serves the Catawba Hospital while Craig- BotetourtElectric Cooperative (CBEC} serves Catawba Public Safety Building/Fire Station. Catawba Hospital and APCO have signed a Letter of Agreement granting CBEC permission to provide electric service to the Paint Shop. Roanoke County's Catawba Fire Station is a volunteer unit. The easement request was discussed with Chief Caldwell and he indicated no problems or issues with the easement request. Page 1 of 2 A copy of the agreement is attached. A CBEC engineer estimates they will need a 40-foot right-of-way utility easement in order to service the line. The parties involved have agreed to work with County Staff to minimize any impact on the natural surrounding trees and avoid, if at all possible, cutting down trees. It has been agreed to finalize the plat after the above ground line is actually installed. Catawba Hospital will provide an "As Built" plat to be attached to the easement documents before recording. FISCAL I M PACT: A plat delineating the exact location of the 40-foot utility easement will be provided and recorded by Catawba Hospital. There is no fiscal impact to Roanoke County. ALTERNATIVES: 1. Grant a 40-foot right-of-way utility easement for the purpose of providing an electric power line and services to Catawba Hospital 2. Deny the request STAFF RECOMMENDATION: Staff recommends approving the attached ordinance (after public hearing) conveying a forty-foot utility easement to Craig-Botetourt Electric Cooperative for electric service to Catawba Hospital, Commonwealth of Virginia, across property owned by the Board of Supervisors -Catawba Public Safety Building/Fire Station, Catawba Magisterial District. Page 2 of 2 .This Letter Agreement ~"Agreement"} is made and entered by Appalachian Power Company ("APCo" or "Company"} (dha American Electric Power or AEP~, Craig Botetourt Electric Cooperative ~"CBEC"), and Catawba Hospital. WHEREAS, Appalachian Power Company serves Catawba Hospital as well as the paint snap located behind the hvsp~tai on a Caaa~manwealth of Vixginia tariff. The customer ., owned und~rg~ou~.d line th~it: serves the ~paint'sho~~ Chas failed. ~n ard~Y far AP Ca to . restate service to the paint shop using overhead service the Campaaay would have to build up to 15 new spans, crass CBEC's lines, attach to CBEC's poles, and install an additional transformer. However, CBEC serves the~fire station next to the paint shop and could easily extend service at a much lower cost, THEREFORE, through this Letter Agreement APCo agrees tv allow CBEC to provide electric service to the Catawba Hospital palm shop ~APCa will. continue to provide service to the remainder of Catawba Hospital},Catawba Hospital agrees to take service from CBEC, for their paint shop, at the appropriate tariff charged by CBEC, and CBEC . agrees to provide service to the Catawba Haspxtal paint shop. .~. . F ~~~~~ C.~-t-~-. .. APCo . ... . C EC - r-~ ~~'v~ ar~'~v Ca awba Hospital Date: August 1 ~, 2f11 ~ Catawba Hospital Proposed Utility Easrnent 1 inch equals 10(} feet AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 24, 2010 ORDINANCE AUTHORIZING CONVEYANCE OF A FORTY FOOT (40') UTILITY EASEMENT TO THE CRAIG-BOTETOURT ELECTRIC COOPERATIVE FOR ELECTRIC SERVICE TO CATAWBA HOSPITAL, COMMONWEALTH OF VIRGINIA, ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS - CATAWBA PUBLIC SAFETY BUILDING/FIRE STATION, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Catawba Hospital of the Department of Mental Health, Mental Retardation and Substance Abuse Services, Commonwealth of Virginia, located in the Catawba Magisterial District, County of Roanoke, due to the failure of an underground electric line, needs to replace the electric service to its Paint Shop Building, located adjacent to Roanoke County's Catawba Public Safety Building/Fire Station; and WHEREAS, Appalachian Power Company (APCO), which currently provides electric service to Catawba Hospital, has reached agreement with the Craig-Botetourt Electric Cooperative (GREG), which currently serves the Catawba Public Safety Building/Fire Station, to provide electric service to the hospital's Paint Shop due to the extreme expense to APCO of replacing its electric service with an overhead line; and WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized onlybyordinance. A first reading of this ordinance was held on August 10, 2010, and a second reading and public hearing was held on August 24, 2010. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interests in real estate to be conveyed are herebydeclared to be surplus, and are hereby made available for other public uses byconveyance toCraig-Botetourt Electric Cooperative (GREG) for the replacement of electrical service to the Paint Shop Building of the Catawba Hospital, Department of Mental Health, Mental Retardation and Substance Abuse Services, Commonwealth of Virginia. Page 1 of 2 3. That donation to CBEC of an easement and right-of-way for an overhead electric transmission line and related improvements, within a forty foot (40'}easement area on the County's Catawba Public Safety Building/Fire Station property (Tax Map No. 07.00- 01-29.00} in order to relocate the electric service for the Catawba Hospital's Paint Shop building is hereby authorized and approved. 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 form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2010 AGENDA ITEM: Appointments to committees, commissions and boards SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III .. E~~- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Capital Improvement Program (CIP) Review Committee (appointed by District) The following one-year terms will expire on August 31, 2010: - Brian Hooker representing the Catawba Magisterial District (not eligible for reappointment as maximum number of terms served) - Wes Thompson representing the Windsor Hills Magisterial District resigned due to health) - Jason Peters representing the Vinton Magisterial District Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) (appointed by District) Ruth Deibler, who represented the Vinton Magisterial District, has moved from the area and is no longer serving on RC-CLEAR. Virginia Western Community College Advisory Board During the closed meeting held on August 10, 2010, it was the consensus of the Board to appoint Charles Robbins to a four-year term, which will expire on June 30, 2014. Confirmation of the appointment has been placed on the Consent Agenda. J ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 RESOLUTION APPROVING ANDCONCURRING IN CERTAIN ITEMSSET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 24, 2010, designated as Item J -ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Resolution amending Resolution 092308-1, which adopted policy guidelines for approval of the creation of a Community Development Authority 2. Request to accept and appropriate funds in the amount of $105,330 to the Roanoke County Public Schools 3. Confirmation of appointment to the Virginia Western Community College Advisory Board 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: AGENDA ITEM: SUBMITTED BY: August 24, 2010 Resolution amending Resolution 092308-1, which adopted policy guidelines for approval of the creation of a Community Development Authority Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors adopted the policy guidelines for the approval of the creation of a Community Development Authority (CDA on September 23, 2008, by Resolution 092308- 1. These guidelines establish procedures to be followed for creating CDAs and the information required from apetitioner/developer for the Board of Supervisors to make an informed decision. These guidelines contain a provision stating thatthe CDA Board shall be comprised offive members who are appointed by the Board of Supervisors; the term of office shall be for four (4) years with each member subject to reappointment. One or more members of the Board of Supervisors and County staff, as well as the Petitioners or their representatives may be appointed CDA Board members; no person residing outside Roanoke County may serve on the Board. It has been suggested that limiting the membership on the CDA board only to County residents deprives the County of the opportunity to select qualified individuals with suitable knowledge and experience from assisting the County and the CDA in managing this authority. Expanding the geographic scope for the nomination and selection of possible CDA board members would benefit both the County and the CDA. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of a resolution amending the "Policy Guidelines for Approval of the Creation of a Community Development Authority" by eliminating the residency requirement. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 24, 2010 RESOLUTION AMENDING RESOLUTION 092308-1, WHICH ADOPTED POLICY GUIDELINES FOR APPROVAL OF THE CREATION OF A COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, by Resolution 092308-1 adopted on September 23, 2008, the Board of Supervisors of Roanoke adopted Policy Guidelines for approval of the creation of a community development authority (CDA); and WHEREAS, pursuant to Section 1. Submission of Draft Petition of the Policy Guidelines, the Petitioner must submit a petition for review by the County and such petition must contain certain information as set out in the policy guidelines in sub- paragraphs (i) through (xii); and WHEREAS, sub-paragraph (x) of Section 1. Submission of Draft Petition requires the following: "A provision stating that the CDA Board shall be comprised of five members who are appointed by the Board of Supervisors; the term of office shall be for four (4) years with each member subject to reappointment. One or more members of the Board of Supervisors and County staff, as well as the Petitioners or their representatives may be appointed CDA Board members; no person residing outside Roanoke County may serve on the Board;" and WHEREAS, the Board wishes to amend sub-paragraph (x) of Section 1 of the Policy Guidelines to allow persons residing outside of Roanoke County to serve on the CDA Board. Page 1 of 2 f~C~I, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County approves and adopts the following amendment to Section 1. Submission of Draft Petition, sub-section ~x~ ofi the Policy Guidelines as follows! (x) A provision stating that the CDA Board shall be comprised of five members who are appointed by the Beard of Supervisors; the term of office shall be for four (4) years with each member subject to reappointment. One or more members of the Board of Supervisors and County staff, as well as the Petitioners or their representatives may be appointed CDA Board members; persons res~dl~n outside Roanoke County may serve on the Board. This amendment to the Policy Guidelines shall take effiect from and after its adoption. Pace of ~ ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2010 AGENDA ITEM: Request to accept and appropriate funds in the amount of $105,330 to the Roanoke County Public Schools SUBMITTED BY: Roanoke County Schools APPROVED BY: B. Clayton Goodman III .. ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYOF INFORMATION: Rachel's Challenge is a program to help create a culture of respect and kindness among students. The program was developed after the death of Rachel Scott in the April 20, 1999, Columbine High School tragedy. Roanoke County and Salem Schools will bring the Rachel's Challenge Assembly and "Friends of Rachel" Club to our community in September 2010. Students will be encouraged to stand up for one another to prevent bullying and to promote a culture of respect, despite our differences. Appropriation of the following funds is requested to support this event: $5,000 from Salem City Schools; $1,000 from the Prevention Council; $4,000 from William Byrd Middle School; and $15,000 from the Superintendent's Contingency Account. The total appropriation request is $25, 000. The Race to General Education Development (GED} grant is part of the adult education program in Roanoke County. It is an innovative approach to adult education based on the GED Fast Track and GED Prep programs. They assess what a person already knows and prescribe instruction to prepare adults for success on GED Tests. Roanoke County Schools received a Race to GED grant award in the amount of $70,425. The Expanded GED grant is a competitive grant that maybe awarded to school systems that administer a viable adult education program. The purpose of the grant is to give the division the abilityto expand with regard to seats and test administration. Roanoke County Schools has been awarded the Expanded GED Grant in the amount of $9,905. Page 1 of 2 FISCAL IMPACT: The Guidance Program budget will be increased by $25,000. The Adult Education Program budget will be increased by $70,425 and $9,905. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $105,330. Page 2 of 2 ACTION N0. __.- ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 24, 2010 AGENDA ITEM: Confirmation of appointment to the Virginia Western Community College Advisory Board SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Virginia Western Community College Advisory Board During the closed meeting held on August 10, 2010, it was the consensus of the Board to appoint Charles Robbins to a four-year term, which will expire on June 30, 2014. Confirmation of the appointment has been placed on the Consent Agenda. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited balance at June 30, 2009 Balance at August 24, 2010 Amount $ 19,959,122 $ 19,959,122 N-1 °/° of General Fund Revenue 10.69% 10.53% ** Note: 4n December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2009-10 a range of 9.5°/°-10.5°/° of General Fund Revenues 2009-10 General Fund Revenues $186,756,550 9.5°/° of General Fund Revenues $17,741,872 10.5% of General Fund Revenues $19,609,438 ** 2010-11 a range of 10.0°/°-11.0 °/° of General Fund Revenues 2010-11 General Fund Revenues $189,618,185 1D.0 °/° of General Fund Revenues $18,961,819 11.0 °/° of General Fund Revenues $20,858,ODD The Unappropriated Fund Balance of the County is currently maintained at 10.53°/° which is within the range of our goal for 201 D-11. The County's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Gwens Director of Finance Approved By B. Clayton Goodman III County Administrator ~~' N-2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor Countv Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited balance at June 30, 2010 Balance at August 24, 2010 Maior Countv Capital Reserve Amount $1,400,233.20 $1,400,233.20 (Projects in the CIP, debt payments to expedite projects identified in C/P, and land purchase opportunities.) Unaudited balance at June 30, 2010 Balance at August 24, 2010 Submitted By Rebecca E. Owens Director of Finance $883,539.00 $883,539.00 Approved By B. Clayton Goodman III County Administrator 3~- N-3 RESERVE FOR BOARD CONTINGENCY COUNTYOF ROANOKE, VIRGINIA July 13, 2010 From 2010-2011 Original Budget Appropriation for Legislative Liaison Amount $100,000.00 (24,000.00) Submitted By Approved By Balance at August 24, 2010 Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator ~3~ $ 76,000.00 ACTION N0. ITEM NUMBER N-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: August 24, 2010. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2010. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CONCENTRATION 16,341,313.67 16,341,313.67 GOVERNMENT: SMITH BARN EY CONTRA 156,169.32 SMITH BARNEY 45,057,295.28 WELLS FARGO 12,000,000.00 WELLS FARGO CONTRA 12,160.00 57,225,624.60 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 22,072,615.13 22,072,615.13 MONEY MARKET: BRANCH BANKING & TRUST 1,074,581.23 MORGAN STANLEY -JAIL 1,100,140.31 SMITH BARNEY 37,035,733.72 STELLAR ONE 1,034,194.46 WELLS FARGO 4,016,943.89 44,261,593.61 TOTAL 139,901,147.01 08/24/2010 ACTION N0. August 24, 2010 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: Accounts Paid-July 2010 Rebecca E. Owens Director of Finance ITEM N0. N-5 6. Clayton Goodman III County Administrator Q~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 4,382,931.94 Payroll 07/09/10 1,106,577.07 166,818.98 1,273,396.05 Payroll 07/23/10 1,082,038.14 149,425.92 1,231,464.06 Manual Checks - 1,207.38 1,207.38 Grand Total $ 6,888,999.43 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. o ~ O ~ C -, c '"~ \ ~ ° y ~ a~ Gi Q, ~ .!~ 3 I Q u ~ 4 c ~ ~ ~ 7 \° ~ ~ ~ ~ ~ d. ~ t~, W t~ d ~ ~ ~ ~ . 3 ~ ~ N C C ~ '0 ~ ~ ~' ~ ~ ~ 7 d V t~. ~ *~ C O L ~1 R3 ,~ k LJ~ ~ ~ o ~ O! z3 C ~~ {3~ _ ~ ~ m ~~ ~ U a ~, C ~, o ~ ~, ~ a ~~ o ~ ~- ~~oa ~' ~ ~ r ~ ~ ~n ~ ra ~ ~+ ~ e ~ ~ ~ ro C ~ ~. ~ oZ3 t~ o ~9 •~~' ~ ~. ~ ~ C ~ ~ ~ ? ~ } ~ ~ ~ [q ~~ K W ~ ~ W ~+ N ~' ~ .-. 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Twine, Sr. CASE NUMBER: 5-8/2010 Board of Supervisors Consent 1St Reading Date: July 27, 2010 Planning Commission Hearing Date: August 3, 2010 & September 7, 2010 Board of Supervisors Hearing & 2"d Reading Date: September 28, 2010 A. REQUEST Petition of Bobby B. Twine to rezone 5.892 acres from AR, Agricultural/Residential, District to I-2, High Intensity Industrial, District for the purpose of operating a construction yard, located near the intersection of Twine Hollow Road and Meacham Road, Catawba Magisterial District. B. CITIZEN COMMENTS Four citizens spoke in regards to the rezoning petition. Two citizens, who live on Meacham Road and Kelley Street, expressed concern over the increased traffic and existing safety issues on Twine Hollow Road and Meacham Road. Neither of these citizens spoke against the proposed use or rezoning. The third citizen, who resides on Glenvar Heights Boulevard, has concerns with the High Intensity Industrial zoning district on the northern side of West Main Street. The citizen also mentioned that he is under the impression that the Dixie Caverns Landfill Consent Agreement between the EPA and Roanoke County prohibited such a use on Twine Hollow Road. The fourth citizen, representing Citizens for Positive Growth, also spoke against the rezoning citing the amount of industrial zoned land in Glenvar compared to the rest of Roanoke County. C. SUMMARY OF COMMISSION DISCUSSION The Planning Commission's discussion focused substantially on the transportation issues associated with this rezoning. The Commission asked the petitioner's representative, Mr. Nickie Mills, P.E., to explain how much traffic would be generated and how the impact of the increased truck traffic could be mitigated. Mr. Mills stated that there would be approximately 25-30 trips per day and there are 3 large white oak trees in the right-of-way that could be removed to increase sight distance. Mr. Mills also mentioned that an adjacent land owner may be willing to donate a sight distance easement on the corner of Meacham Road. Ms. Hooker asked VDOT representative, Mr. Brian Blevins, P.E., to explain the process of conducting a speed study and calculating minimum sight distance. The Commission also asked Mr. Blevins about the required spacing between Twine Hollow Road and the proposed commercial entrance. Mr. Radford inquired about the possibility of a left turn lane into the driveway; both Mr. Blevins and Mr. Mills indicated that the traffic generated is not great enough to merit a turn lane. The major concern of the Planning Commission was that the speed study had not been conducted as of the Public Hearing date. The Planning Commission also discussed the availability of water to the site. The Fire Marshal is requiring fire suppression for the building, however, at the time of the Public Hearing the applicant had not inquired about the possibility of extending a water line up to the site on Meacham Road from Twine Hollow Road. Mr. Radford and Mr. McNeil also expressed concern that the site may not have adequate fire flow and that this rezoning may be a "gamble" without this information. Ms. Hooker asked the petitioner for clarification on the proposed use and whether or not it was limited to that use. Mr. Mills stated that the current proposed use is a construction yard for the storage of Mr. Twine's paving equipment and it is not limited anywhere. The Commission expressed that they would like this use limited in the proffered conditions. The Planning Commission tabled the recommendation until September 7, 2010 due to a lack of information regarding a speed study and minimum sight distance, water availability and fire flow and the conditions of the Dixie Caverns Landfill closure. D. CONDITIONS 1. Hours of operation will be from 7 a.m. to 7 p.m., except for emergency service operations such as snow removal. 2. No outside storage of equipment or supplies. 3. Proposed development will be limited as shown on the revised concept plan dated August 2, 2010. Rear of property will be allowed to revegetate naturally. E. COMMISSION ACTION Ms. Hooker made a motion to table the recommendation until the Planning Commission's meeting on September 7, 2010. The motion passed 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission - +rP4r~ stA' ~"~~ ~d ~ ~ .F ~ r:.)1~, f "' y, •. ~q`oipd'~y "r7 f.-t'`'~ ~'. t fP-'~~,~~'. s~.,~;~ ~14r t .[ K ~ ~w'~~ !~ ~ ~~'y~_,M'~!4' } i'~{" ct .'~. .tt,, ,~~„ -p +`~~~ .r~ r;' ,~ ,s ~ 9 ! ~. ~ r le` ~ . ~ :~~,~ ,c,. F y ~*fi Petitioner. Bobby ~. Twine, r. Re~quest~ Ta rezone x,892 acres frarr~ AR, AgrculturallResidential District, to 1-Z, High Intensity Industrial District, farthe purpose of operating a construction yard located near the intersection of Twine Hollow Road and Meacharn Roadt Locations 8098 Twine ~lallaw Rand Magisterial Districts Catawba Proffered Conditions; ~, The narrnal hours of operation will be 8AM to SPM ~. There will be no outside storage of construction equiprinent or supplies 3. Far the current proposed development shown, rear of lot past current proposed developed area to be allowed to revegetate through natural succession Buffers are not shown in this area, subject to approval of this proffer and evaluation of existing vegetation in the rear of the subject parcel EXECUTIVE SUMMARY'. bobby B. Twine, Sr., is requesting to rezone 5.89 acres from AR, AgriculturallResident~~ial District, to I-~, High Intensity Industrial District, for.. the purpose of operating a construction yard located near the intersection of Twine Hollow Road and Meacham Road. The proposed use is a construction yard for the storage of paving equipment incidental to Mr.Twine's paving 'business. The proposed metal storage building is 6o feet by 9o feet with a maximum height of 3o feet. Access is proposed off of Meacham Road subject to IIDGT standards. A Type ~ buffer and 10o-foot setback from adjoining residential parcels is required. The proposed' rezoning is generally in conformance with the X005 Roanoke County Community Plan and consistent with the surrounding neighborhood. The site layoutlconcept plans meets the requirements of Section 3o-6Z, I-~, High Intensity Industrial, and Section 30-86-~, use and design standards for construction yards. The proposed use wild increase traffic on Twine Hollow Read and Meacham Road, however, no major impacts to public safety or services are anticipated. m-y {, a ; y~~wy f ~Yyl`_ ~ - ~ ~, I°r~,` ~ "YY_II r~y..tµ.. crt ` s '. ~~ ~ YI _ ^ ~_~~•e~ ~ - _. , s y*~°t ' ~ 1'~ c's F~;` ~~.: .: "4 f e' ^ k~ _ r.~-: ~ ~ APPUcABLE R~~uLATIVNs The Roanoke Co my Zoning ordinance defines "construction yards" as'°establishments housing facil~~it~ies of businesses primarily engaged in construction activities, including outside storage of material and equipment." This use is allowed by right in I-2, High Intensity Industrial, Districts per Section 30-~~ and is subject to'Dse and Design Standards Section per ~0-86-2, Construction Yards. Section ~o-8fi-Z states the following: `°In the l-~ district, all materials stored on the premises overnight shall be pla~~ced in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 3o}9Z, and shall be set back at least one hundred ~{100 feet from any adjoining residential district." 1 A Type E buffer is also required. This requirement can be satisfied by either a; 75' Buffer 50' buffer For eve 100' consistin of: For eve 100' consistin of: One row large deciduous trees (3) One row large deciduous trees (3) One row of lar e ever reen trees 5 One row small ever reen trees 6 One row of small deciduous trees (7) One row small deciduous trees (6-7) 6' Screening Virginia Department of Transportation (VDOT) approval will be required for any changes to or impacts in the right-of-way on Meacham Road. 2. ANALYSIS OF EXISTING CONDITIONS Back round -The subject property is currently 6.54 acres and zoned AR, AgriculturallResidentialDistrict. It is owned by Paul Bratton. One existing rental residence, one barn and several small sheds are located on the property near Twine Hollow Road. TopographyNegetation -The property slopes slightly from south to north with existing vegetation at the southern, rear of the property. The existing vegetation contains both evergreen and deciduous trees and is relatively thick during the spring and summer months. Surrounding Neighborhood -The parcels immediately surrounding the subject property are zoned AR, Agricultural Residential, and are residential in use. The residences on Meacham Road are single-family, one-story homes on larger lots. One adjacent parcel to the north iszoned AG-3, AgriculturallRural Preserve -the site of a former quarry. Within 500-1000 feet are parcels zoned I-1, Low Intensity Industrial, and I-2, High Intensity Industrial. Industrial uses on Twine Hollow Road include the Dixie Caverns Landfill, Police Training Facility, explosives manufacturerand formerquarry. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site La out -The applicant is proposing to rezone 5.892 acres to I-2, High Intensity Industrial District, at the southern, rear of the subject property. If the rezoning is approved, the subject property will be subdivided into two parcels - 0.648 acre at the north of the property will remain AR, AgriculturallResiden~lial, and will retain the home and 5.892 acres atthe south of the propertywill be I-2, High Intensity Industrial, for the construction yard. The storage building is proposed to be located approximately 300 feetfrom the property line parallel with Twine Hollow Road and 100 feetfrom the property lines with adjacent residential parcels. The concept profile submitted by the petitioner indicates that the building site will need to be filled. The proposed storage building is 60 feet long by 90 feet wide with a maximum height of 30 feet. The proposed buffer is a 75-foot Type E on the northern, eastern and western sides of the storage building. A stormwater BMP is proposed on western side of the storage building. Existing vegetation is proffered to remain and revegetate at the rear of the property. The existing barn and shedswill be removed. The site layoutlconcept plan submitted meets the requirements of the Roanoke County Zoning Ordinance. Both the minimum lot area and frontage requirements are exceeded; the minimum setback requirements are satisfied as well as the required 100-foot setback from adjoining residential districts. The height of the 2 proposed structure, 30 feet, is below the maximum height of 75 feet in the I-2 district. The proposed site layout also satisfies maximum coverage requirements; building coverage for the site is 0.124 acre (2.1 % of the site) and total lotcoverage is 0.219 acre (3.7% of the site). Buffer requirements and the use and design standards for constructionysrds are also met by the proposed site layoutlconcept plan. AccesslTraffic Circulation - Access to the property will be off of Meacham Road with a newly constructed gravel drive. The proposed rezoning will increase the potential traffic generated from the site. PerUDOT, the Road Design Manual, Appendix F should.be adhered to where applicable. This includes meeting minimum sight distance requirements and cornerclearance. Meacham Road does not have a posted speed; in order to determine minimum sight distance required, a speed study is required. Without the speed study the existing sight distance looking in both directions and for left turning traffic appears to be less than the required. A land use permit will be required forwork within UDOT right-of way. Fire & RescuelUtilities-Public waterandpublic sewerare available on Twine Hollow Road, but noton Meacham Road. The Roanoke County Fire Marshal would require water lines to be run to the property and the installation of f re hydrants. More information regarding the building is required to determine the required fire flow and the exact distance of the fire hydrant from the most remote portion of the proposed structure. Economic Development-The Department of Economic Developmentoffers noobjections assuming the proposed use conforms to the Community Plan, is compatible with surrounding land uses and will not have a negative impact on nearby County assets. Community Meetings - A community meeting was held on July 22, 2010 at the Glenvar Library at 1:00 PM. A notification letterwassent to 65 property owners along Twine Hollow Road, Meacham Road and Kelley Street. Approximately 15 residents attended the meeting. The issuelconcern raised was the impact of increased traffic on Meacham Road resulting from proposed use. Residents noted that Meacham Road is too narrowfor more than one car, has existing sight distance issues and is dangerous in inclementweather. Several residents stated that their concern is not with the use, but the impact on Twine Hollow Road and Meacham Road. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designates this site as Transition. The Transition land use area encourages the orderly developmentof highwayfrontageparcels. Transition areas generallyserve as developed buffers between highwaysand nearbyoradjacentlower intensitydevelopment. 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. Properties located on the opposite side of Twine Hollow Road from the subject property are designated Principal Industrial. The Principal Industrial future land use area where a varietyof industrytypes are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughoutthe county, convenient to majorresidentialareas and suitable highway access. Due to limited availability, areas designated as Principal Industrial are notappropriate fortax-exempt facilities. The Transition future land use designation is typically used as an intermediary between the Core and the Neighborhood Conservation designations. In this situation, the Transition designation does not serve a transitional purpose with Principal Industrial on both sides of I-81. The proximity of the Principal Industrial designation on the opposite side of Twine Hollow Road and I-81 indicates that the proposed use is compatible with the surrounding neighborhood, County staff are also in the process of reviewing the Future Land Use designations in this area as part of the Glenvar Community Plan. The proposed rezoning is generally in conformance with the 2005 Roanoke County Community Plan. 5. STAFF CONCLUSIONS The proposal by Bobby B. Twine Sr. to rezone 5.982 acres from AR, AgriculturaUResidential, to I-2, Fligh Intensity Industrial, is generally in conformance with the 2005 Roanoke County Community Plan and consistent with the surrounding neighborhood. The proposed use is permitted by-right in the I-2 zoning district and the proposed site layoutlconcept plan meets the requirements of the Roanoke County Zoning Ordinance Section 30-62, I-2 Fligh Intensity Industrial district, and Section 30-86-2, use and design standards for construction yards. The required 75' buffer which retains existing vegetation at the rear of the property and the 100' setback from residential properties should minimize impacts on adjacent properties. The proposed use will increase traffic on Twine Hollow Road and Meacham Road, however, no major impacts to public safety or services are anticipated. The applicant is proffering, 1. The normal hours of operation will be 8AM to 5PM; 2. There will be no outside storage of construction equipment orsupplies; 3. Far the current proposed development shown, rear of lot past current proposed developed area to be allowed to revegetate through natural succession, Buffers are not shown in this area, subject to approval of this proffer and evaluation of existing vegetation in the rear of the subject parcel, CASE NUMBER: 5-812010 PREPARED BY. Amanda C. Micklow HEARING DATES; PC. 0810312010 BOS; 0812412010 ATTACHMENTS: Rezoning Application Photos of Existing Vegetation on Site Photos of Proposed Storage Building at Former Location Concept Plan Concept Profile Aerial Photograph Future Land Use Map Zoning Map AR District Regulations I-2 District Regulations Use and Design StandardsforConstructionYards 4 BBOTT e~ s~nrvs~rn~c ~u~a~c~a~Ra. c.vuo-m ~~ ~~ ~~~~~ ~: ~ ~ Ca. RL~i1~t~NNC~i RE; BAY TWA 81'~RAQE Bt~~NC~ f. APT PLAN 2 ~'I'[Qh~ $HEEf S. TAAFF~C STLIO~Y NOSE Dt~~ ~ RFINQ APPLIC~A11oN ~ a~~r~w ~ asa~~asn~~ran~ r~ ~a~~~~~~~ ~ a~~TME~~~a~ ~: r~~. Mme, ~