HomeMy WebLinkAbout5/10/2011 - RegularRoanoke County
Board of Supervisors
Agenda
May 10, 2011
NOTE: An Evening Session has been scheduled for 7:00 p.m.
Good afternoon and welcome to our meeting for May 10, 2011. 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) 772 -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 Ed Dunnington
Christ The King Presbyterian Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring the week of May 15 through 21, 2011, as Emergency
Medical Services Week in the County of Roanoke (Richard E. Burch, Jr.,
Chief of Fire and Rescue)
D. BRIEFINGS
Page 1 of 4
E.
F.
G.
H.
NEW BUSINESS
1. Resolution of the Board of Supervisors of the County of Roanoke, Virginia
approving a Development Agreement for the South Peak Community
Development Authority (Paul M. Mahoney, County Attorney)
FIRST READING OF ORDINANCES
1. Ordinance to appropriate funds for the fiscal year 2011 -2012 budget and
approval of the Classification Plan for fiscal year 2011 -2012 (W. Brent
Robertson, Director of Management and Budget)
2. Ordinance to amend the Roanoke County Zoning Ordinance (John Murphy,
Zoning Administrator)
3. Ordinance amending the Roanoke County Code Chapter 13. "Offenses —
Miscellaneous ", Article I. "In General ", Section 13 -4. "Discharge of firearms,
air guns, etc., generally" by the addition of a new section numbered 13 -4.1.
"Discharge of firearms near dwellings" (Paul M. Mahoney, County Attorney)
4. Ordinance amending Chapter 4. "Amusements ", Section 4 -4. "Definitions ",
Section 4 -11. "Security" and Section 4 -13. "Entry and inspections;
enforcement; penalties" of the Roanoke County Code to provide for security,
inspection and penalties for the failure to maintain private swimming pools
(Paul M. Mahoney, County Attorney)
5. Ordinance authorizing the granting of a fifteen foot utility easement to
Appalachian Power on property owned by the Roanoke County Board of
Supervisors (Tax Map No. 097.05 -01- 26.00) for the purpose of an
underground electric power line to the new South County Library facility, Cave
Spring Magisterial District (Paul M. Mahoney, County Attorney)
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the purchase of approximately two (2.0) acres of real
estate (Tax Map No. 79.01 -4 -22) from K.W. and Nancy A. McNeil for library
purposes and appropriation of $304,000 from the Major Capital Fund, Vinton
Magisterial District (Diane D. Hyatt, Assistant County Administrator)
APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (appointed by
District)
2. Parks, Recreation and Tourism Commission (appointed by District)
Page 2 of 4
3. Roanoke County Community Leaders Environmental Action Roundtable (RC
CLEAR) (appointed by District)
I. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY
1. Approval of minutes —April 12, 2011
J. REQUESTS FOR WORK SESSIONS
K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Proclamations signed by the Chairman
N. WORK SESSIONS
1. Work session to discuss the impact of passing along the employee portion of
the Plan 2 Virginia Retirement System (VRS) contribution rate to employees
(Diane D. Hyatt, Assistant County Administrator)
2. Work session on Roanoke County's Development Standards, which exceed
the State's minimum requirements (Tarek Moneir, Deputy Director of
Development Services)
3. Work session to discuss adopting Part III of the Virginia Uniform Statewide
Building Code — Virginia Maintenance Code (Tarek Moneir, Deputy Director of
Development Services)
Page 3 of 4
O. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2- 3711.A.3 Discussion or consideration of the acquisition of real
property for a public purpose, or of the disposition of publicly held real
property, where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public body.
2. Section 2.2- 3711.A.5. Discussion concerning a prospective business or
industry or the expansion of an existing business or industry where no
previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the County.
EVENING SESSION — 7:00 P.M.
P. CERTIFICATION RESOLUTION
Q. NEW BUSINESS
1. Request to rescind the authorization to pick -up the employee's contribution to
the Virginia Retirement System (VRS) for Plan 2 employees (Diane D. Hyatt,
Assistant County Administrator)
R. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance reapportioning the representation in the Board of Supervisors of
Roanoke County, Virginia, by altering the boundaries of the election districts
by establishing voting precincts therefor, incorporating a map showing the
boundaries of said districts and precincts and providing for an effective date
of this ordinance (Paul M. Mahoney, County Attorney)
S. CITIZENS COMMENTS AND COMMUNICATIONS
T. REPORTS AND INQUIRIES OF BOARD MEMBERS
1.
Richard C. Flora
2.
Eddie "Ed" Elswick
3.
Charlotte A. Moore
4.
Michael W. Altizer
5.
Joseph B. "Butch" Church
U. ADJOURNMENT
Page 4 of 4
ACTION No.
ITEM NO. C -1 Ul1.,
AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: May 10, 2011
AGENDA rrEM: Proclamation declaring the week of May 15 through 21, 2011,
as Emergency Medical Services Week in the County of
Roanoke
SUBMITTED BY: Richard E. Burch, Jr.
Chief of Fire and Rescue
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
The Roanoke County Fire and Rescue Department is requesting that the Board adopt the
attached proclamation declaring the week of May 15 through 21, 2011, as Emergency
Medical Services Week. Emergency Medical Services Week brings together local
communities and medical personnel to publicize safety and honor the dedication of those
who provide the day -to -day lifesaving services of medicine's "front line."
Fire and Rescue Chief Richard E. Burch, Jr., along with EMS Battalion Chief Bill Duff and
station personnel, will be on hand to accept the proclamation. We hope to have volunteer
chiefs attend as well.
C�lnunt of Ytuanuke
C-1
1838
DECLARING THE WEEK OF MAY 15 THROUGH 21, 2011, AS EMERGENCY
MEDICAL SERVICES WEEK IN THE COUNTY OF ROANOKE
WHEREAS, emer medical services are a vital public service and
WHEREAS, the members of emer medical services teams are read to
provide lifesavin care to those in need twent ( 24 ) hours a da
seven ( 7 ) da a week; and
WHEREAS, access to q ualit y emer care dramaticall improves the survival
and recover rate of those who experience sudden illness or in
and
WHEREAS, the emer medical services s consists of emer
ph nurses, medical technicians, paramedics, firefi
educators, administrators and others; and
WHEREAS, the members of emer medical service teams, whether career or
volunteer, en in thousands of hours of specialized trainin and
continuin education to enhance their lifesavin skills; and
WHEREAS, it is appropriate to reco the value and the accomplishments of
emer medical service providers b desi Emer
Medical Services Week.
NOW, THEREFORE, WE the Board of Supervisors of Roanoke Count Vir do
hereb proclaim the week of Ma 15 throu 21, 2011, as
EMERGENCY MEDICAL SERVICES WEEK in the Count of Roanoke;
and
FURTHER, with the theme "EMS: Ever Heroes" we encoura the
corrimunit to observe this week with appropriate pro
ceremonies and activities.
Presented this 10th da of Ma 2011
Tbs Wph B. "Butch" Church, Chairman
��,a,��zx Q l�J�-
Charlotte A. Moo Vice Chairman
A n
Michael W. Altizer
Eddie "Ed" Elswick
�� � �a _ �'� G TIC Cam, r
Richard C. Flora
ACTION NO.
ITEM NO. E.1 Z
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:
May 10, 2011
Resolution of the Board of Supervisors of the County of
Roanoke, Virginia approving a Development Agreement for the
South Peak Community Development Authority
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This resolution authorizes the Chairman of the Board of Supervisors and the County
Administrator to execute a development agreement in the form substantially as attached to
this report for the South Peak Community Development Authority (CDA). This
development agreement is between the developer, Slate Hill I, LLC, the South Peak
Community Development Authority, and the County of Roanoke. This development
agreement provides for the construction of certain public improvements by the developer,
their conveyance to the CDA upon completion and the financing of these public
improvements through the issuance of revenue bonds by the CDA.
On August 24, 2010, the Board adopted an ordinance creating the South Peak Community
Development Authority. The County Administrator executed the memorandum of
understanding on behalf of the County on February 2, 2011. On April 26, 2011, the CDA
reviewed the development agreement and adopted a resolution authorizing its Chairman to
execute the development agreement.
Later this year several documents will have to be completed in order to issue the CDA
bonds. These documents include a preliminary limited offering memorandum, the bond
indenture, Board of Supervisors' approval for the issuance of the bonds to finance the cost
of the public improvements, bond purchase agreement and the rate and method of
apportionment of the special assessment. The Board of Supervisors will consider the
adoption of an ordinance imposing a special assessment on these properties in the CDA.
The special assessments will equal the amount of the bonds issued including interest and
Page 1 of 2
CDA operating expenses. The special assessment will be imposed only if the incremental
tax revenues generated by future development in the CDA are insufficient to pay the
principal and interest of the bonds. Attached to this report are several pages from the
presentation to the CDA by MuniCap, Inc. which describes the basis of determining the
special assessments, the allocation of the special assessments, and the rate and method
of apportionment of the special assessments.
STAFF RECOMMENDA7rlON:
It is recommended that the Board favorably consider the adoption of the attached
resolution.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MAY 10, 2011
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF ROANOKE, VIRGINIA APPROVING A DEVELOPMENT
AGREEMENT FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT
AUTHORITY
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County ") on August 24, 2010, created the South Peak Community Development
Authority (the "CDA ") pursuant to the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act "), to
finance certain infrastructure improvements benefiting property within the CDA District
(the "CDA District "), including, but not limited to, public road and intersection
improvements, public utilities (including water, sewer, gas and electric lines), parking
facilities, curbs, gutters, sidewalks, traffic signals, storm water management and
retention systems, street lights and landscaping improvements (collectively, the "Public
Improvements "); and
WHEREAS, Slate Hill I, LLC (the "Developer ") proposes to undertake, on
property of approximately sixty two point five (62.5) acres located in the CDA District,
the development of a mixed -use project consisting of commercial, retail and residential
components, to be supported by the Public Improvements; and
WHEREAS, the Developer proposes to enter into a Development, Acquisition
and Financing Agreement (the "Development Agreement ") among the Developer, the
County and the CDA to provide for the construction of the Public Improvements by the
Developer, their conveyance to the CDA upon completion and the financing of the
Public Improvements through the issuance of revenue bonds by the CDA:
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Representations and Fin din s. The Board of Supervisors hereby finds
and determines that providing the Public Improvements is necessary or desirable to
meet the increased demands placed on the County as a result of development within
'the C DA District.
2. Approval of Development Agreement. The Development Agreement is
hereby approved in the form on file with the County Administrator. The Chairman of the
Board of Supervisors and the County Administrator, either of whom may act, are hereby
authorized and directed to execute and deliver the Development Agreement with such
completions, omissions, insertions and changes not inconsistent with this Resolution as
may be approved by the officer executing the Development Agreement, his execution to
constitute conclusive evidence of his approval of any such completions, omissions,
insertions and changes. The officers and employees of the County, or their designees,
are authorized to execute and deliver on behalf of the County such instruments,
documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this
Resolution or contemplated by the Development Agreement; and all of the foregoing,
previously done or performed by such officers or agents of the County are in all
respects approved, ratified and confirmed. Approval of the Development Agreement
pursuant to this Resolution does not constitute approval of the issuance of any bonds by
the CDA.
3. Effective Date This Resolution shall take effect immediately.
Page 2 of 2
DEVELOPMENT, ACQUISITION AND FINANCING AGREEMENT
SOUTH PEAK DISTRICT
, 2011
DEVELOPMENT, ACQUISITION AND FINANCING AGREEMENT
This Development, Acquisition and Financing Agreement (the " Agreement ") is made and
entered into this day of , 2011, by and among the South Peak Community
Development Authority, a political subdivision of the Commonwealth of Virginia (the " CDA " ),
the County of Roanoke, Virginia, a political subdivision of the Commonwealth (the "County "),
and Slate Hill I, LLC, a Virginia limited liability company, or its successors or assigns, as may
be permitted pursuant to Section 8.3 below, acting through itself or through one or more related
affiliates, subsidiaries and partnerships, as developer (the " Developer "} (the Developer, the CDA
and the County each a "Party" and collectively the "Parties " ).
STATEMENT OF PURPOSE
By action of the Board of Supervisors of Roanoke County, Virginia, on August 24, 2010,
the CDA was created pursuant to the provisions of Chapter 51 of Title 15.2 of the Code of
Virginia of 1 950, as amended (the "Act "), with, among others, the power to finance all or a
portion of certain public infrastructure improvements as described on Exhibit B (the "Public
Improvements "). In furtherance of the Act, the CDA proposes to issue its revenue bonds to
finance the costs of the acquisition, construction, and completion of such Public Improvements.
The Developer expects to undertake on property consisting of approximately 62.5 acres
the development of a mixed -use project consisting of commercial, retail and residential
components. To support this mixed -use development, the Developer will undertake to build the
Public Improvements, all or a portion of which will be conveyed or dedicated to the CDA or
other public body upon completion.
This Agreement sets forth the terms and conditions under which the Parties hereto will
develop and acquire the infrastructure improvements described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto hereby agree as follows:
ARTICLE I
DEFINED TERMS
In addition to other terms defined in the body of this Agreement, for purposes of this
Agreement, each of the following capitalized terms shall have the meaning set forth below:
"Act" shall mean Chapter 51 of Title 15.2 of the Code of Virginia of 1950, as amended,
known as the Virginia water and waste Authorities Act.
"Actual Costs" shall mean with respect to the Public Improvements the costs incurred
before or after the date of this Agreement that are related to the applicable line items on the
Budget adjusted by amounts relating to change orders described in Section 3.6, it being
acknowledged by the Parties that such Actual Costs may be less or more than the corresponding
Budgeted Costs. Actual Costs include but are not limited to:
(i) costs for acquisition, construction, reconstruction, renovation,
replacement, repair, extension, equipping and enlargement of all roads, public utilities,
improvements, structures, rights, rights -of -way, franchises, easements, licenses, interests
and other real or personal property acquired or to be acquired by or on behalf of the CDA
for the public improvements set forth in Exhibit B ;
(ii) deposits, charges and fees payable to bonding companies or sureties with
respect to payment bonds required by governmental authorities or by banks in connection
with letters of credit delivered by the Developer as provided by Section 3.4(e) below;
Gii) costs for architectural, design, engineering, environmental, financial, legal
and other consultant services;
(iv) costs for plans, specifications, construction drawings, studies, permitting
and surveys;
(v) administrative expenses of the CDA and the County related to the
acquisition, construction, equipping and financing of the Public Improvements; and
(vi) other expenses as may be necessary or incident to the acquisition,
construction, acquisition, equipping and financing of the Public Improvements including
appropriate contingency amounts and interest prior to and during construction and for one
year after completion of construction.
"Affiliate" means any corporation, limited liability company, partnership, other form of
business organization, entity, or, as applicable, natural person, which, whether by ownership or
any formal or informal arrangement, controls or is controlled by, the Developer, or is controlled
by one or more of the same entities or natural person that controls the Developer.
"Agreement" is defined in the introductory paragraph hereof.
"A pplicable Law" shall mean any applicable constitution, treaty, statute, rule,
regulation, ordinance, order, directive, code, building code and ordinances, interpretation,
judgment, decree, injunction, writ, determination, award, permit, license, authorization,
requirement or decision of, or agreement with, or by, Governmental Authorities.
"Available Moneys" shall mean moneys in the Project Fund (but not including any
moneys in the Capitalized Interest Account therein) from time to time as provided for by the
Indenture.
"Board" shall mean the Board of Supervisors of Roanoke County, Virginia.
"Bond Proceeds" shall have the meaning given such term in Section 5.1(f) hereof.
"Bonds" shall mean revenue bonds anticipated to be issued by the CDA, pursuant to the
Act in an aggregate principal amount not to exceed $1 6,000,000, as set forth in and in
accordance with the terms of the MOU.
2
"Budget" shall have the meaning given such term in Section 3.1 hereof.
"Budgeted Cost" shall mean the total anticipated development and construction cost for
the Public Improvements or component thereof as shown on the Budget.
"Business Day" shall mean a day of the year that is not a Saturday, Sunday, legal holiday
or day on which national banks are not required to open or are authorized to close in Virginia.
"CDA" shall mean the South Peak Community Development Authority, a political
subdivision of the Commonwealth of Virginia.
"CDA Administrator" shall mean MuniCap, Inc., a Maryland corporation ( "MuniCap ").
"CDA Authorized Representative" shall mean the Chairman or Vice Chairman of the
Authority or any Person authorized in a written instrument delivered to the Developer to act on
behalf of the CDA, which may include the CDA Consulting Engineer.
"CDA Consulting Engineer" shall mean collectively the engineering and/or
architectural firms selected by the CDA and acceptable to the County to provide consulting
services to the CDA and the County with respect to the Public Improvements.
"CDA Documents" shall mean the MOU, the CDA's Articles of Incorporation, the
Establishing ordinance, the Special Assessment ordinance, the Maintenance Agreement and this
Agreement.
"Ceiling Amount" shall mean $11,058,035.
"Civil Engineer" refers to one or more licensed professional engineering and 1 or
architectural firms selected and engaged by the Developer, from time to time, to develop and
review the Construction Documents.
"Completed" shall have the meaning given such term in Section 4.1 hereof.
"Completion Notice" shall have the meaning given such term in Section 4.1 hereof.
"Construction Documents" shall have the meaning attributable to such term in
Section 3.2 hereof.
"County" shall mean the County of Roanoke, Virginia, a political subdivision of the
Commonwealth of Virginia.
"Developer" refers to Slate Hill I, LLC, a Virginia limited liability company, and its
successors and assigns.
"Development Fee" shall have the meaning given such term in Section 3.4 hereof.
"District" shall mean the portion of the County that is within the jurisdiction of the
CDA, as created by ordinance adopted by the Board on August 24, 2010.
3
"Establishing ordinance" shall mean the Ordinance adopted by the Board on
August 24, 2010, creating the CDA.
"Force Majeure" shall mean a labor dispute not due to a breach of an applicable
collective bargaining agreement, a fire, earthquake, flood or similar casualty loss, adverse
weather conditions that cannot reasonably be anticipated, construction material shortages due to
market unavailability, acts of God, war, national emergency, civil disturbance or disobedience,
riot, sabotage, terrorism, threats of sabotage or terrorism, restraint by court order or order of
Governmental Authority, or similar occurrence beyond the reasonable control of the Party
claiming the occurrence of a Force Majeure that makes timely compliance with any Party's
material obligations under this Agreement impracticable or impossible and which, in any event,
was not foreseeable or a result of the acts or omissions of, or in the control of, the Party claiming
Force Majeure.
"Governmental Authorities" shall mean, other than the CDA, any and all jurisdictions,
entities, courts, boards, agencies, commissions, authorities, offices, divisions, subdivisions,
departments or bodies of any nature whatsoever or any governmental unit (federal, state, county,
municipality or otherwise) whether now or hereafter in existence, having jurisdiction of the
matter in question.
"Indenture" shall mean the Indenture of Trust between the CDA and a Trustee,
authorizing and securing Bonds.
"Maintenance Agreement" shall mean an agreement that will be entered into between
the Parties that will provide in general for maintenance and operation by the Developer of Public
Improvements that shall be owned by the CDA.
"MOU" shall mean that certain Memorandum of Understanding dated as of January ,
2011, between the County and the Developer.
"Parties" shall mean the Parties to this Agreement and "Party" in the singular shall
mean any one of the Parties hereto as the context requires.
"Person" shall mean any natural person, firm, partnership, association, corporation,
limited liability company, trust, entity, public body, authority, governmental unit or other entity,
or the successor or assigns thereof.
"Private Development" shall mean the phases of the Developer's intended development
as described in Section Z of the MOU that will be serviced by the Public Improvements.
"Project" shall mean collectively the Public Improvements and the Private
Development.
"Project Fund" shall mean the fund or funds, created in the Indenture, to the credit of
which proceeds of the Bonds intended to pay Actual Costs of the Public Improvements are
credited.
"Property" shall mean that real property in the County owned by the Developer or its
Affiliates and shown on Exhibit A attached hereto and incorporated herein by reference.
"Public Entity" shall mean the CDA and any applicable Governmental Authority
designated by the CDA to which the Public Improvements are to be conveyed, dedicated or
otherwise transferred.
"Public Improvements" shall mean the portions of the infrastructure and other public
improvements described on Exhibit B attached hereto and incorporated herein that are within or
abut the boundaries of or serving the Property, to be built by Developer in phases as is necessary
to meet the requirements of the Private Development and financed with the proceeds of the
Bonds.
"Requisition" shall have the meaning given such term in Section 3.5 hereof.
"Requisition Amount" shall have the meaning given such term in Section 3.5 hereof.
"Special Assessment" shall have the meaning given such term in the MOU.
"Special Assessment ordinance" shall mean the Ordinance adopted by the Board on
, 2011, levying the Special Assessment.
"Starting Conditions" shall have the meaning given such term in Section 3.3 hereof.
"Trustee" shall mean the bank or other Person at the time serving as trustee under the
Indenture.
In addition to the foregoing, certain other defined terms used in this Agreement will be
defined in the context of their first use. Any references in this Agreement to a specific statute
contained in the Code of Virginia shall be deemed to include such statute as subsequently
amended from time to time hereafter.
ARTICLE II
UNDERTAKING AND FINANCING OF THE PRIVATE DEVELOPMENT
Section 2.1 Undertaking of Private Development. The Developer hereby agrees to
use commercially reasonable efforts to undertake the Private Development. The Developer shall
be responsible for the cost of the Private Development and shall pursue such financings as are
necessary or desirable for the Developer to undertake and complete the acquisition and
construction of the Private Development.
Section 2.2 County Covenant. The County acknowledges that Developer has agreed
to pay the cost of the Public Improvements in reliance upon there being no additional conditions
imposed by the County on the construction of the Private Development without the consent of
the Developer, other than such conditions generally applicable to similar development in the
County. Therefore, so long as the Private Development is undertaken substantially in
accordance with the terms of the CDA Documents, the County agrees that it will not seek to
impose any further requirement, proffer, impact fee, special assessment, moratorium or any other
61
conditions on Developer in connection with the Private Development or the Public
Improvements except for the following:
(i) standard applications processing and fees for demolition, grading
and building permits;
(ii) requirements of and compliance with all existing and future
County ordinances of general application and applicable Commonwealth of Virginia and
Federal laws, including but not limited to those relating to taxation, land use, demolition,
grading, tree removal, land disturbance, storm water management, wetlands protection
and building codes;
(iii) proffers and conditions associated with any future proffered
condition amendments, final development plan amendments, special exceptions, special
permits, and/or comprehensive site plans with respect to the Private Development.
(iv) fees and charges of general application imposed to provide any
public service, such as sewer and water service; and
(v) the special assessments expressly provided for in the MOU.
ARTICLE III
CONSTRUCTION of THE PUBLIC IMPROVEMENTS
Section 3.1 Budget. The Developer shall prepare for review by the CDA, the County
and the CDA Consulting Engineer a capital budget (the "Bud et ") that adequately reflects the
costs expected to be incurred in the development and construction of the Public Improvements.
The CDA and the County shall have thirty (30) days after its receipt of the Budget and any
supporting documents requested by the CDA or the County, as appropriate, from the Developer
to comment on the Budget and to indicate the CDA's and the County's required modifications, if
any. If the CDA and the County fail to respond within such thirty (30) day period, the Developer
shall send written notice to the CDA and the County of such failure to respond. If following ten
(10) days after the Developer sends such notice the CDA and the County fail to provide
comments, the CDA and County will be deemed to have no comments to the Budget.
Section 3.2 Development of Construction Documents. The Parties acknowledge
that the Developer will select and employ the Civil Engineer and develop all construction plans
and specifications (the "Construction Documents ") necessary for the construction of the Public
Improvements. All of the Public Improvements will be built in compliance with Applicable
Laws. As the Construction Documents are completed by the Civil Engineer and approved by the
Developer, the Developer shall deliver a full and complete copy of such Construction Documents
together with the proposed Budget to the CDA, the County and the CDA Consulting Engineer
for its review and comment, if any. The CDA, the County and the CDA Consulting Engineer
shall consent only as to non - conformance of the Construction Documents with the provisions of
the CDA Documents and Applicable Laws, including non - conformance with applicable building
code requirements and governmental requirements under zoning and site plan approvals. The
CDA, the County and the CDA Consulting Engineer shall provide any comments on such
Construction Documents within thirty (30) days after submission by the Developer. If the CDA,
the County or the CDA Consulting Engineer reasonably determines that 30 days is not sufficient
time for review of any Construction Documents, the CDA, the County or the CDA Consulting
Engineer, as appropriate, shall inform the Developer and the CDA, the County and the CDA
Consulting Engineer shall have such additional period of time for review, not to exceed an
additional 30 days, as may be requested. If comments are provided by the CDA or the County,
such comments shall be reviewed by the Developer and the Civil Engineer. Any comments
regarding changes to be made to the Construction Documents that are required to be made in
order that the Construction Documents will comply with Applicable Laws, including
conformance with applicable building code requirements and governmental requirements under
zoning and site plan approvals and proffered conditions for development in accordance with the
Private Development Plan, if any, shall be required to be addressed by the Developer in order to
conform with such requirements. If the Developer, the CDA and the County are unable to reach
agreement on conformance of the Construction Documents with the requirements of Applicable
Law, including conformance with applicable building code requirements and governmental
requirements under zoning and site plan approvals, then upon request by Developer, the Civil
Engineer and the CDA Consulting Engineer will appoint a third, independent civil engineer to
reconcile any differences, with such independent engineer's decisions being final; provided,
further, if the applicable governmental authority charged with permitting, approval or
interpretation of such matters as are at issue under any comment, confirms that the applicable
issues with the Construction Documents are in conformance with Applicable Laws, including
conformance with applicable building code requirements and governmental requirements under
zoning and site plan approvals, then the CDA or the County, as appropriate, will withdraw such
comment.
Section 33 Starting Conditions. The Developer agrees that any work undertaken by
it prior to the fulfillment of the conditions set forth below (the " Starting Conditions ") is at its
own risk and that the CDA is under no obligation to finance the cost of the Public Improvements
unless and until all of the following Starting Conditions have occurred:
(i) The Bonds have been issued for the Public Improvements; and
(ii) The Construction Documents and Budget have been reviewed and
approved or deemed to have been reviewed and accepted by the CDA in accordance with
the provisions of this Agreement.
If both of the Starting Conditions do occur, then Developer will be entitled to be
reimbursed, but solely from available proceeds of Bonds (including investment earnings
thereon), for all Actual Costs incurred by it, subject, however, to the other requirements and
limitations of this Agreement.
Section 3.4 Construction.
(a) Duties of Developer; Sole Source; Development Fee The CDA has
determined by resolution adopted [ ] that there is only one source practicably available
for the design and construction of the Public Improvements because of the need to integrate
design, construction and timing of the Public Improvements with the design, construction and
timing of the Private Development. The Developer shall enter into guaranteed maximum price
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contracts or similar fixed price contracts for the construction of the Public Improvements. All
Public Improvements shall be constructed by or at the direction of the Developer in accordance
with the Construction Documents and in accordance with this Agreement. The Developer shall
cause a reputable and experienced general contractor or general contractors selected by the
Developer to commence and thereafter complete construction of the Public Improvements in a
good workman -like manner in compliance with all Applicable Laws. The Developer shall
monitor such work and such contractors' compliance with the construction contracts, the
Construction Documents, the Budget, and all Applicable Laws with the standard of diligence and
care normally employed by duly qualified persons utilizing their customary efforts in
performance of comparable work and in accordance with generally accepted practices
appropriate to the activities undertaken. The Developer shall employ or cause to be employed at
all times adequate staff or consultants or agents with the requisite experience necessary to
administer and coordinate all work related to the design, engineering, acquisition, construction
and installation of the Public Improvements to be acquired by the CDA from the Developer
hereunder.
The Developer shall, at its expense (but by first utilizing the applicable Bond proceeds as
made available pursuant to Section 3.5 hereof), cause the construction work to be performed on a
lien -free basis, and, in the event of the filing of a mechanic's or materialman's lien or liens with
respect thereto, shall cause the same to be immediately discharged or bonded over; subject,
however, to the right of the Developer, to dispute a claim in good faith, so long as the
continuation of such dispute does not permit enforcement of any lien against the Public
Improvements.
The Developer shall (i) construct and convey to the CDA or to a Public Entity on behalf
of the CDA all Public Improvements listed in Exhibit B hereto and (ii) use its own funds to pay
all costs of the Public Improvements, including costs of the CDA Consulting Engineer, in excess
of the Available Moneys. To the extent the costs of the Public Improvements are not covered by
any payment and performance delivered pursuant to the terms of Section 3.4(e) below, the
County and the CDA may require the Developer to deposit into an escrow account acceptable to
the CDA and the County an amount, in addition to Available Moneys, sufficient to complete the
Public Improvements if in the reasonable judgment of the CDA and the County the establishment
of such escrow account is necessary to provide for the completion of the Public Improvements.
The Developer shall not be relieved of its obligation to construct the Public Improvements and
convey the Public Improvements to the CDA or other Public Entity in accordance with the terms
hereof if there are insufficient Available Moneys.
In consideration of the Developer's promise to construct and convey the Public
Improvements as described above, the Developer shall be entitled to receive, and the CDA shall
pay to the Developer, but only from Available Moneys, a fee (the "Development Fee ") equal to
five percent (5 %) of the total Actual Costs of the Public Improvements (exclusive of costs
described in item (v) of the definition "Actual Costs "). The Development Fee shall be payable
on a pro -rata basis with each respective Requisition of funds submitted by the Developer
hereunder. The estimated Development Fee shall be set forth in the Budget with such estimate to
be revised from time to time as is appropriate to reflect modifications, if any, in the Budget.
0
(b) CDA Consulting Engineer. The CDA may retain a CDA Consulting
Engineer in order to advise the CDA and the County in connection with W the proposed
Construction Documents and Budget and (ii) thereafter progress of the construction work. The
Developer agrees to furnish such CDA Consulting Engineer with copies of all information,
reports, documents, notices and other materials required to be provided to the CDA under this
Agreement, at the same time as the same are furnished to the CDA. The fees and expenses of the
CDA Consulting Engineer will be paid from Available Moneys and, to the extent necessary,
from moneys provided by the Developer pursuant to Section 3.4(a). Fees and expenses of the
CDA Consulting Engineer in excess of $[70,000] shall be the responsibility of the CDA and shall
not be borne by the Developer.
(c) Independent Contractor. In performing its obligations under this
Agreement, the Developer is an independent contractor and not the agent or employee of the
CDA or the County. Neither the CDA not the County shall be responsible for making any
payments to any contractor, subcontractor, agent, consultant, employee or supplier of the
Developer including, but not limited to, with respect to any contracts approved by the CDA or
the County, other than from Available Moneys, and the Developer shall indemnify, defend and
hold harmless the CDA and the County with respect to any claim from any such party, except in
the event that such claims relate to the CDA's willful, wrongful failure to approve disbursement
of the Available Moneys.
(d) Completion and Sufficiency of Funds. The Developer agrees to have the
Public Improvements built in accordance with the Construction Documents and to cause each
Public Improvement built to a standard required by Applicable Law to be accepted for ownership
or maintenance (or both) by the applicable Public Entity. The CDA shall not be required to
approve any Requisition with respect to any Public Improvement (or portion thereof, unless the
CDA and the County are reasonably satisfied that after such disbursement there will be sufficient
funds available to pay for costs associated with causing the Public Improvements to be
completed to such standard and accepted for ownership or maintenance (or both) by the
applicable Public Entity from (i) undisbursed Available Moneys, and (ii) other funds the
Developer has reasonably demonstrated are available to it for such purpose.
(e) Payment Bonds. If required by the CDA or by the Governmental
Authority to which Public Improvements are to be irrevocably conveyed, the Developer shall
post all such payment bonds (and performance bonds if required by the County) for such Public
Improvements (excluding such portions of the Public Improvements constituting land, or related
non - construction costs). The amount of any payment or performance bonds required by the
terms of this Agreement shall be limited to an amount equal to the difference of the total cost of
the Public Improvements and the Available Moneys initially deposited into the Project Fund;
provided that any such payment bond shall be increased to the extent the total. cost of the Public
Improvements is increased from the Budget as originally approved. At the Developer's
discretion, it may deliver letters of credit from one or more financial institutions acceptable to the
County in lieu of payment bonds.
(f) Permits. The Developer shall be responsible for obtaining all
Governmental Authority permits required for the Public Improvements.
G�
(g) Maintenance Insurance and Warranties. Until the Public Improvements
have been acquired or accepted for ownership or maintenance by the applicable Public Entity,
the Developer shall maintain the Public Improvements or the applicable portion thereof in good
condition (including providing snow removal and removal of excessive dust or mud from
construction activities) and shall maintain adequate insurance on the Public Improvements or the
applicable portion thereof. When the Public Improvements are acquired or accepted for
ownership or maintenance by the applicable Public Entity, the Developer shall assign, or cause to
be assigned, to the applicable Public Entity all of the Developer's rights in any applicable
warranties, guarantees, maintenance obligations or other evidence of contingent obligations of
third Persons with respect to the Public Improvements.
(h) No Obligations if Bonds are not Issued. Notwithstanding anything herein
to the contrary, the Developer shall not be required to perform its obligations hereunder if the
Bonds are not issued.
Section 3.5 Payment of Construction. As and when required for the performance of
the construction work, but not more frequently than monthly, the Developer shall prepare and
submit to the CDA, with a copy to the County, a request for a payment (each, a "Requisition "),
in substantially the form attached hereto as Exhibit C that in substance shall:
(i) set forth the payee and its address and the amounts and purposes
for which the payment requested (the "Requisition Amount ") is to be utilized,
(ii) set forth a certification from the Developer that all sums included
in the Requisition Amount either (A) are due and payable for work and services
performed or (B) were previously expended by the Developer for such work and services,
in either case related to the Public Improvements, and such sums are to be or were
utilized solely to pay construction expenditures in compliance with the Budget (taking
into account the flexibility provided to the Developer to deviate from the Budget to the
extent herein expressly permitted in Section 3.6 hereof,
(iii) with respect to any request for reimbursement to the Developer,
include evidence of payment of the amount requested by the Developer to the appropriate
vendor or contractor, which evidence shall consist of receipts, cancelled checks, final lien
waivers or other evidence acceptable to the CDA, and
(iv) except for the first Requisition, contain a reconciliation with the
Budget showing cumulatively all amounts spent for Actual Costs through the date of the
Requisition.
Upon receipt of a complete Requisition, the CDA and, if requested by the CDA or the
County, the CDA Consulting Engineer will conduct such review of the Requisition and the work
for which payment is requested as shall be necessary to determine compliance with the
Construction Documents. Within ten (10) business days after receipt of a Requisition the CDA
will either (i) approve the Requisition and forward to the Trustee for payment or (ii) disapprove
the Requisition in whole or in part and forward any approved portion to the Trustee for payment.
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The CDA shall be entitled to cause the Trustee to withhold any payment hereunder, if at
the time of any Requisition there are any liens for labor or material from a contractor with
respect to any portion of the Public Improvements, the provision for payment of which has been
previously approved and for which no lien releases have been provided by the Developer.
Nothing in the foregoing provision shall be deemed to prohibit the Developer from contesting in
good faith the validity or amount of any mechanic's or materialman's lien and/or judgment or
limit the remedies available to the Developer with respect thereto so long as such delay in
performance shall not subject the Public Improvements to foreclosure, forfeiture, or sale. In the
event that any such lien and/or judgment is contested, the Developer shall be required to post or
cause the delivery of a bond in the amount of such lien.
Section 3.6 Developer's Rights to Shift Costs under the Budget and Approve
Change orders.
(a) Change Orders. The Developer may issue change orders to the
Construction Documents, subject to the following provisions:
(i) Change Orders Initiated Per Governmental Requirements.
Change orders required by a Governmental Authority may be made by the Developer
without CDA review and comment upon five (5) days prior notice to the CDA.
(ii) Developer Initiated Change Orders. The Developer may initiate
change orders to accelerate the construction schedule or to solve problems of availability
of materials or for upgrades to the Public Improvements from the Construction
Documents. Subject to Section 3.6(b) below, any change order that increases or reduces
the cost of work to be performed under a specific line item in the Budget from the
amount shown on the Budget and that is to be paid with Bond proceeds shall be made
only after submission to the CDA and the County for review and comment.
(iii) No Material Reduction in Scope. Except pursuant to change orders
required pursuant to Section 3.6(a)(i) above, no change order shall materially reduce the
scope of the Public Improvements.
(b) Cost Shifting Not Involving Change orders. The Developer may shift
unspent funds from any line item in the Budget, after completion of the work covered by the
relevant line item, to the line item in the Budget entitled "Contingency"; provided that the
Developer shall notify the CDA of such adjustment. The Developer may expend funds from the
Contingency line item of the Budget on any component of the Public Improvements in which the
amount allocated in the line item for such component is less than the Actual Cost of the work or
materials or both with respect to such component and the Developer shall notify the CDA in
advance of any such expenditure and will provide an explanation for the necessity of such
expenditure.
Section 3.7 Ceiling Amount; Limitations. Notwithstanding any provision of this
Agreement to the contrary, the maximum amount of the CDA's obligation to pay the costs of the
construction of the Public Improvements is the Ceiling Amount. The CDA and the County make
no representation or warranty as to the sufficiency of the Ceiling Amount to complete the Public
11
Improvements. The CDA shall have no responsibility to the Developer with respect to the
investment of funds under the Indenture, including any loss of all or a portion of the principal
invested or any penalty for liquidation of an investment.
Section 3.8 Approvals, Consents and Requests of the CDA. In each instance where
this Agreement requires the approval, consent or request of the CDA, such approval, consent or
request shall mean the approval, consent or request of a CDA Authorized Representative.
Section 3.9. No Payment for Temporary Improvements. Any temporary water or
sewer improvements shall be the responsibility of the Developer and shall not be a cost paid by
the CDA or from Available Moneys.
Section 3.10. WVWA Credits. Any credits or rebates granted to the Developer by the
Western Virginia Water Authority ( "WVWA ") from the installation of Public Improvements
consisting of water or sewer improvements that are paid to the Developer in cash or a cash
equivalent such as by check or wire transfer shall be paid or credited to the CDA. WVWA has
entered into a Development Agreement, dated October 15, 2009, (the "WVWA Development
Agreement ") with various entities related to the Developer containing provisions regarding
certain credits available for water and sewer improvements. The Developer agrees to cause the
amendment of the WVWA Development Agreement to provide for payment to the CDA of any
such credits or rebates paid in cash or cash equivalents resulting from the installation of Public
Improvements consisting of water or sewer improvements.
ARTICLE IV
ACQUISITION OF PUBLIC IMPROVEMENTS
Section 4.1 Determination of Completion. When each Public Improvement is
Completed, the Developer will give the CDA written notice thereof (the " Completion Notice ")
accompanied by a certification from the Civil Engineer that such Public Improvement has been
Completed. For purposes hereof, a Public Improvement that is to be conveyed to the Virginia
Department of Transportation ( "VDOT ") or WVWA will be deemed "Completed" when that
Public Improvement is accepted by, as applicable, VDOT into the Commonwealth's system for
maintenance or WVWA into its system for operation and maintenance. All other Public
Improvements will be deemed "Completed" when all work has been completed in accordance
with the Construction Documents, the Public Improvement complies with the applicable
standards of the applicable Government Authority for acceptance by it for public maintenance.
Section 4.2 Transfer of Public Improvements to the Public Entity. As soon as
reasonably practicable following the delivery of the Completion Notice, the Developer shall
convey, at its expense, to the Public Entity by deed of dedication or other documentation
reasonably satisfactory to the Public Entity, all or part of the Public Improvements in a lien free
condition (but subject to such easements, covenants and restrictions as exist as of the date hereof
or as may be subsequently imposed by or upon the Developer in connection with the Private
Development, so long as such subsequently imposed easements, covenants and restrictions do
not have a material adverse effect on the use and enjoyment of the Public Improvements for the
purposes for which they are intended). Any costs incurred by the CDA, the County or the
Western Virginia Water Authority in connection with the transfer of the Public Improvements to
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any Public Entity shall be paid by the Developer. Unless the Developer determines at the time
Public Improvements are conveyed to waive its reversion rights in a Public Improvement, each
Public Improvement conveyed to the CDA shall be subject to a reversion right to be effective
after the later of (i) repayment of the Bonds used to finance such Public Improvement or (ii) the
expiration of such time period as shall be necessary to preserve the tax - exempt status of the
Bonds used to finance such Public Improvement. [List to be provided for improvements subject
to reversion right.] No conveyance of any Public Improvement to the CDA shall occur until a
Maintenance Agreement has been executed and delivered.
Section 4.3 Defective or Nonconforming work. If the design, workmanship or
materials furnished for any portion of the Public Improvements is found by the CDA Consulting
Engineer or by a Public Entity to be defective or not in accordance with the applicable laws,
regulations or standards of the Public Entity that will own, operate or maintain such Public
Improvement, - the Developer agrees to correct such defect or nonconformance at its sole cost and
expense. The acceptance of a Public Improvement for maintenance, operation or ownership by a
Public Entity shall not relieve the Developer from responsibility hereunder for a period of two
years following such acceptance.
ARTICLE V
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 5.1 Representations, Warranties and Covenants of Developer. Developer
represents, warrants and covenants to the CDA and County that:
(a) Developer is a duly organized and validly existing limited liability
company in good standing under the laws of the Commonwealth of Virginia; it is duly qualified
to do business and is in good standing in all jurisdictions where the nature of its business or
ownership of property makes such qualification necessary and where failure to so qualify would
have a material adverse effect on its business or property and has all requisite corporate power
and authority to execute and deliver this Agreement.
(b) This Agreement has been duly authorized, executed and delivered by
Developer and constitutes the legal, valid and binding obligation of Developer.
(c) The Developer shall not with knowledge commit, suffer or permit any act
to be done in, upon or to the Property or Project in violation of any law, ordinance, rule,
regulation or order of any governmental authority or any material covenant, condition or
restriction now or hereafter affecting the Property or Project and shall promptly correct any such
non - compliance.
(d) Until final acceptance of all of the Public Improvements by a Public
Entity, the Developer covenants to maintain proper books of record and account for the
construction of the Public Improvements and all costs related thereto. Such accounting books
shall be maintained in accordance with generally accepted accounting principles, and shall be
available for inspection by the CDA or County or their agents at any reasonable time during
regular business hours on reasonable notice.
13
(e) To the best of Developer's knowledge, there is no litigation, governmental
proceeding or investigation pending or threatened in writing against Developer which would
have a material adverse effect upon Developer's ability to fulfill its obligations under this
Agreement, develop and construct the Public Improvements, and develop, construct and operate
the Private Development.
(f} The Developer agrees to cooperate with all reasonable written requests for
nonproprietary information by the Trustee, the CDA, the CDA Consulting Engineer, the County,
the owners from time to time of the Bonds, or the CDA Administrator related to the status of
construction of the Public Improvements.
Section 5.2 Representations, warranties and Covenants of the CDA and County.
Each of the CDA and the County severally represents, warrants and covenants to Developer that:
(a) It is authorized to enter into this Agreement and deliver and perform all of
its obligations under this Agreement.
(b) No consent or approval of any third party is required for it to execute and
deliver this Agreement.
(c) The person signing this Agreement on its behalf has been duly authorized
to sign and deliver this Agreement on its behalf.
(d) To its knowledge, neither the execution and delivery of this Agreement
nor the performance of its obligations hereunder shall (i) violate any statute, rule, judgment,
order, decree, stipulation, injunction, charge or other restriction of any Governmental Authority
or any provision of any governing document of it, or (ii) conflict with, result in a breach of, or
constitute a default under, any contract, indenture, mortgage, instrument of indebtedness or other
agreement to which it is party or by which it or its assets are bound, which conflict, breach, or
default could reasonably be expected to have a material adverse effect on its ability to perform its
obligations hereunder.
(e) This Agreement has been duly authorized, executed and delivered by the
CDA and the County, as applicable, and constitutes the legal, valid and binding obligation of the
CDA and the County, as applicable.
(f) To its actual knowledge, there is no litigation, governmental proceeding or
investigation pending or threatened against it that would have a material adverse effect on its
ability to fulfill its obligations under this Agreement.
(g) That during the period of the CDA's ownership of Public Improvements
that it will cause the Public Improvements to be open and available for their intended purposes,
subject to reasonable rules and regulations for maintenance and other activities undertaken in the
normal course.
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ARTICLE VI
DEFAULTS AND REMEDIES; TERMINATION
Section 6.1 Developer Defaults.
The following events (each a " Developer Default ") shall constitute a default by
Developer hereunder:
(a) The Developer shall fail to observe or perform any material term or
covenant of this Agreement and such default or failure shall continue for a period of thirty (30)
days after the CDA or the County has given the Developer written notice specifying in
reasonable detail the nature of the breach; or
(b) Any representation or warranty made by Developer as set forth in this
Agreement or any other document entered into in connection herewith shall be false or
inaccurate in any material way.
In the event a Developer Default shall occur, and Developer shall fail to cure such default
within thirty (30) days after written notice thereof, or if such Event of Default is of the nature
that it cannot be cured within thirty (30) days and Developer has not commenced efforts to cure
the same, then, in such event, the CDA or the County may exercise such rights and remedies as
shall be available at law or in equity to it (other than any right to consequential damages or lost
profits).
Section 6.2 Termination by Mutual Consent. This Agreement may be terminated
by the mutual, written consent of the CDA, the County and the Developer.
Section 6.3 CDA Election to Terminate for Cause. The following events shall
constitute grounds for the CDA and the County, at their option, to terminate this Agreement,
without the consent of the Developer:
(a) The Developer or any Affiliate with any legal obligation with respect to
the CDA, the Public Improvements, the Private Development or the District shall voluntarily file
for reorganization or other relief under any federal or State bankruptcy or insolvency law.
(b) The Developer or any Affiliate with any legal obligation with respect to
the CDA, the Public Improvements, the Private Development or the District shall have any
involuntary bankruptcy or insolvency action filed against it, or shall permit a trustee in
bankruptcy or insolvency or receiver to take possession of the assets of the Developer or any
such Affiliate or shall permit an attachment or levy of execution to be made against the property
it owns within the District unless, in any of such cases, such circumstance shall have been
terminated or released within 90 days thereafter.
(c) The Developer shall abandon construction of the Public Improvements for
a period of more than sixty (60) days or fail to diligently and continuously pursue the completion
of the Public Improvements in a commercially reasonable manner in accordance with this
Agreement.
15
(d) The Developer shall breach any material covenant or default in the
performance of any material obligation hereunder.
(e) The Developer shall transfer any of its rights or obligations under this
Agreement except as permitted in Section 8.3 hereof.
(f) The Developer shall have made any material misrepresentation or
omission in any written materials furnished in connection with any offering document or bond
purchase contract used in connection with the sale of the Bonds.
(g) The Developer or any Affiliate shall at any time challenge the validity of
the District or any of the Bonds or the levy of Special Assessments within the District, other than
on the grounds that such levy was not made in accordance with the terms of the County
regulations or the Rate and Method.
If any such event occurs (other than an event under Section 6.3(a) or (b) above for which
no notice or cure period is applicable), the CDA shall give written notice of its knowledge
thereof to the Developer, and the Developer agrees to meet and confer with the County, the
CDA, the CDA's Consulting Engineer and other appropriate persons as to options available to
assure timely completion of the Public Improvements. Such options may include, but not be
limited to, the termination of this Agreement by the CDA and the County. other options may
include, but not be limited to, the assignment of certain rights or delegation of certain duties to
any commercial bank lender, mortgagee or trust deed beneficiary of the Developer. If the CDA
and the County elect to terminate this Agreement, the CDA shall first notify the Developer (and
any bank lender, mortgagee or trust deed beneficiary specified in writing by the Developer to the
CDA to receive such notice) of the grounds for such termination and allow the Developer (and
such bank lender, mortgagee or trust deed beneficiary) a minimum of 30 days to eliminate or
mitigate to the satisfaction of the CDA and the County the grounds for such termination. Such
period may be extended up to 120 days so long as, in the discretion of the CDA and the County,
after consultation with the Developer (or such bank lender, mortgagee or trust deed beneficiary)
is diligently pursuing such elimination or mitigation. Such period may be further extended, at
the sole discretion of the CDA and the County if the Developer, to the satisfaction of the CDA
and the County, continues to proceed with diligence to eliminate or mitigate such grounds for
termination. If at the end of such period (and any extension thereof), as determined solely by the
CDA and the County, the Developer (or such bank lender, mortgagee or trust deed beneficiary)
has not eliminated or completely mitigated such grounds to the satisfaction of the CDA and the
County, the CDA and the County may then terminate this Agreement. Upon any such
termination, the County shall have the right, but not the obligation, to complete the Facilities and
shall be entitled to apply any Available Moneys in the Project Fund to the cost of such
completion. In the event of the termination of this Agreement, the Developer (or such bank
lender, mortgagee or trust deed beneficiary) is entitled to reimbursement for work accepted by
the CDA or other Public Entity related to the Public Improvements undertaken prior to the
termination date of this Agreement, but such reimbursement shall be solely from any Available
Money in the Project Fund according to the terms and conditions set forth in this Agreement. No
such termination shall prevent the CDA or the County from pursuing any claim either of them
may have against the Developer hereunder at law or in equity.
lull
Notwithstanding the foregoing, so long as any event listed in any of clauses (a) through
(g) above has occurred, notice of which (to the extent required) has been given by the CDA to
the Developer, and such event has not been cured or addressed (to the satisfaction of the CDA
and the County) by the Developer, the CDA may in its discretion cease making payments for the
Public Improvements under Section 3.5 hereof.
In the event that this Agreement is terminated by the CDA and the County for cause,
subject to the County's right to complete the Public Improvements, the CDA or its designee
(which, without limitation, may include any commercial bank lender, mortgagee or trust deed
beneficiary of the Developer) may either execute contracts for or perform any remaining work
related to the Public Improvements and use all or any portion of the funds then in the Project
Fund or other amounts subsequently transferred to the Project Fund, and the Developer shall
have no claim or right to any further payments for the Public Improvements hereunder, except as
otherwise may be provided upon the mutual written consent of the CDA. The Developer agrees,
to the extent it has not previously done so, to assign all the Construction Documents (including
contracts with contractors and consultants) to the CDA, or its designee.
Section 6.4 Developer Right to Terminate for Cause. In addition to any rights the
Developer may possess to pursue a breach of contract claim, the Developer, without the consent
of the CDA and the County, may terminate this Agreement upon the occurrence of the following:
(a) The CDA or the County shall fail to perform any material obligation
hereunder including, without limitation, failure to take actions within the time frames set forth in
Articles III and IV hereof.
(b) The CDA or the County shall at any time take action to modify the terms
of the CDA Documents without the Developer's written consent.
If any such events occur, the Developer shall give written notice of its knowledge thereof
to the CDA and the County. If the CDA and the County, or either of them as is appropriate, fail
to cure its failure to perform or rescind the actions to modify the CDA Documents, the
Developer may terminate its obligations hereunder.
ARTICLE VII
INDENINIFI C ATION
Section 7.1 Indemnification. The Developer shall and hereby agrees to indemnify
and save the CDA and the County harmless against and from all claims by or on behalf of any
person, firm, corporation or other legal entity arising from the conduct or management of, or
from any work or thing done on, the Public Improvements prior to their acceptance by the
applicable Public Entity or the issuance of the Bonds, including without limitation, (i) any
condition of the Public Improvements, (ii) any breach or default on the part of the Developer in
the performance of any of its obligations under this Agreement, (iii) any act or negligence of the
Developer or of any of its agents, contractors, servants, employees or licensees or (iv) any act or
negligence of any assignee or lessee of the Developer, or of any agents, contractors, servants,
employees or licensees of any assignee or lessee of the Developer. The provisions of this
Section 7.1 shall survive any termination of this Agreement.
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All references to the CDA and the County in this Section 7.1 shall be deemed to include
their directors, Board members, officers, employees and agents.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Limited Liability of CDA No Liability of County. The Developer
agrees that any and all obligations of the CDA arising out of or related to this Agreement are
special obligations of the CDA, and the CDA's obligations to make any payments hereunder are
restricted entirely to the Available Moneys, if any, and no other source. No member of the CDA
shall incur any liability hereunder to the Developer or any other party in his or her individual
capacity by reason of his or her actions hereunder or execution hereof. Except as set forth in the
CDA Documents, the County shall have no financial liability for present or future improvements
related to the Project.
Section 8.2 Notices. Any notice, consent or other communication required or
contemplated by this Agreement shall be in writing, and shall be delivered in person, by certified
mail (return receipt requested), by reputable overnight carrier, by electronic mail or by telefax, to
the intended recipient at the addresses set forth below or such other address as the addressee
advise the other Parties of in a written notice sent in accordance with the provisions of this
Section:
CDA: E. Douglas "Doug" Chittum
Economic Development Director
5204 Bernard Drive, SW
Roanoke, Virginia 24018
With copies to the County as provided below.
COUNTY: County Administrator
5204 Bernard Drive, SW
Suite
Roanoke, Virginia 24018
With a copy to:
County Attorney
5204 Bernard Drive, SW
Suite
Roanoke, Virginia 24018
DEVELOPER. Slate Hill I, LLC
4423 Pheasant Ridge Road, SW
Suite 301
Roanoke, Virginia 24014
Attention: Hunter D. Smith
IV
Facsimile: (540) 772 -6470
Notice shall be effective upon the date of receipt by the intended recipient; provided that
any notice which is sent by telefax or electronic mail shall also be sent the same day by mail
deposited with the U.S. Postal Service, certified mail (return receipt requested), by personal
delivery, or by reputable national overnight courier.
Section 8.3 Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto. The rights and obligations of
the Developer under this Agreement may be assigned by the Developer only with the prior
written consent of the CDA and the County; provided, however, the Developer, without the
consent of the CDA or the County, may assign its rights and obligations under this Agreement to
(1) an entity having assets at least equal to the amount of the outstanding amount of the Bonds as
of the date of the assignment or (2) to any other entity so long as the Developer confirms its
duties and obligations under the CDA Documents. The CDA may assign under the Indenture or
by another separate writing all or any portion of its rights hereunder to the Trustee and the
Developer hereby consents to such assignment. Any such assignment shall be in writing, shall
clearly identify the scope of the rights and/or obligations assigned and shall not be effective until
approved by the CDA and the County. Further, nothing in this Agreement shall be construed as
restricting the Developer's ability and right to sell or transfer land or units in the District.
Section 8.4 Amendments and Modifications. Neither this Agreement nor any
provision hereof may be amended, waived, discharged or terminated, except as set forth in
Section 6.3, except by an instrument in writing signed by all of the Parties hereto, such
instrument in writing not to be unreasonably withheld or delayed by any Party.
Section 8.5 Entire Agreement. This Agreement shall constitute the entire
development, acquisition, and financing agreement among the Parties and shall supersede all
prior understandings, negotiations and discussions, whether oral or written, of the Parties leading
up to the execution of this Agreement, and there shall be no warranties, representations or other
agreements among the Parties in connection with the subject matter hereof except as specifically
set forth in this Agreement.
Section 8.6 Force Majeure. Except as otherwise herein expressly provided, if either
Party shall be delayed or hindered in, or prevented from, the performance of any covenant or
obligation hereunder, as a result of any Force Majeure, and, provided that the Party delayed,
hindered or prevented from performing notifies the other Party both of the commencement and
of the expiration of such delay, hindrance or prevention, (each such notice to be given within
ten (lo) Business Days of the respective event), then the performance of such covenant or
obligation shall be excused for the period of such delay, hindrance or prevention and the period
for the performance of such covenant or obligation shall be extended by the number of days
equivalent to the number of days of 'the impact of such delay, hindrance or prevention. Failure to
so provide the foregoing notice will result in waivers of both excuse in performance and
extension of time to perform under this Section 8.6 with respect to any such delay, hindrance or
prevention.
19
Section 8.7 Headings. The headings in this Agreement are for convenience of
reference only and shall not limit or otherwise affect the meaning hereof.
Section 8.8 Counterparts. This Agreement may be executed in any number of
counterparts and by different Parties hereto in separate counterparts, each of which when so
executed shall be an original, but all of which shall together constitute one (1) and the same
instrument.
Section 8.9 Governing Law. This Agreement shall be governed by, construed and
enforced in accordance with the laws of the Commonwealth of Virginia without reference to the
conflicts or choice of law principles thereof.
Section 8.10 Third Party Beneficiaries. This Agreement is solely for the benefit of
the Parties and their successors and assigns permitted under this Agreement. Except as
otherwise specifically provided herein, no provision of this Agreement shall be deemed to confer
upon any other Person any remedy, claim, liability, reimbursement, cause of action or right.
Section 8.11 Interpretation. Each of the Parties has agreed to the use of the particular
language of the provisions of this Agreement and any questions of doubtful interpretation shall
not be resolved by any rule or interpretation against the drafters, but rather in accordance with
the fair meaning thereof, having due regard to the benefits and rights intended to be conferred
upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended
to be provided.
Section 8.12 Severability. If any article, section, subsection, term or provision of this
Agreement or the application of the same to any party or circumstances shall, to any extent, be
invalid or unenforceable, the remainder of the article, section, subsection, term or provision of
this Agreement or the application of the same to the Parties or circumstances other than those to
which it is held invalid or enforceable shall not be affected thereby and each remaining article,
section, subsection, term or provision of this Agreement shall be valid and enforceable to the
fullest extent as permitted by law.
Section 8.13 Relation of the Parties. Nothing contained in this Agreement shall be
deemed or construed by the Parties hereto or by any third party to create the relationship of
principal and agent, partnership, joint venture, contractor /subcontractor, or any association
between the CDA and the County, on the one hand, and Developer, on the other.
Section 8.14 Gender and Terms. Whenever the context shall so require, all words
herein in any gender shall be deemed to include the masculine, feminine or neuter gender and all
singular words shall include the plural and all plural words shall include the singular.
Section 8.15 No Indirect Damages. In no event shall any party be liable under any
provision of this Agreement for any special, indirect, incidental, consequential, exemplary, treble
or punitive damages, in contract, tort or otherwise, whether or not caused by or resulting from
the sole or concurrent negligence of such arty or any of its affiliates or related parties.
Notwithstanding the foregoing, except as otherwise provided herein, this limitation of liability
shall not apply to third -party claims.
20
Section 8.16 Time. Time set forth in this Agreement for the performance of
obligations shall be strictly construed, time being of the essence. In the event the date specified
or computed under this Agreement or for the performance, delivery, completion or observation
of a covenant, agreement, obligation or notice by any Party hereto or for the occurrence of any
event provided for herein shall not be a Business Day, then the date for such performance,
delivery, completion, observation or occurrence shall automatically be extended to the next
calendar day that is a Business Day.
[SIGNATLiRE PAGES FOLLOW]
21
1 s .
SOUTH PEAK COMMUNITY DEVELOPMENT
AUTHORITY
By: _
Name:
Title:
DEVELOPER:
SLATE HILL I, LLC, a
Virginia limited liability company
By• _
By: _
Name:
Title:
COUNTY:
COUNTY OF ROANOKE, VIRGINIA
By:
Name:
Title:
22
EXHIBIT A
CDA PROPERTY
EXHIBIT B
PUBLIC IMPROVEMENTS
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
Landscape improvements
Estimated cost of Infrastructure $11,058,305
* Includes all related architectural and engineering, contingency, development fees.
EXHIBIT C
FORM OF REQUISITION
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ACTION NO.
ITEM NO. F -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: May 10, 2011
AGENDA ITEM: Ordinance to appropriate funds for the fiscal year 2011 -2012
budget and approval of the Classification Plan for fiscal year
2011 -2012
SUBMITTED BY: W. Brent Robertson
Director of Management and Budget
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The fiscal year 2011 -2012 budget was presented to the Board of Supervisors on April 12,
2011. A public hearing was held on April 20, 2011, to receive written and oral comment
from the public concerning the proposed budget and fiscal year 2012 -2010 Capital
Improvements Program. Attached for your approval is the Budget Appropriation Ordinance
for fiscal year 2011 -2012.
The total County budget is $385,495,774. This includes all inter -fund and intra -fund
transfers. The budget net of transfers is $257,839,258.
STAFF RECOMMENDATION:
The format of the appropriation ordinance conforms to the reporting basis used at year -end
in the Comprehensive Annual Financial Report. This presentation allows the same level of
budget comparison as is required by Generally Accepted Accounting Principles for financial
reporting purposes. This format will also consistently apply the appropriation on a find
basis for County funds as has been used to appropriate School funds in the past.
Staff recommends approval of the first reading of the 2011 -2012 fiscal year budget
appropriation ordinance. Staff also recommends approval of the attached Classification
Plan for fiscal year 2011 -2012. The second reading and resolution adopting the budget is
scheduled for May 24, 2011.
AT A REGULAR MEETING of THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MAY 10, 2011
ORDINANCE APPROPRIATING FUNDS FOR THE 2011 -12 FISCAL
YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on April 26, 2011, concerning the adoption of the annual budget for Roanoke
County for fiscal year 2011 -2012; and
WHEREAS, 'the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 24, 2011, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 10,
2011, and the second reading of this ordinance was held on May 24, 2011, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2011, and ending June 30, 2012, for the functions and
purposes indicated:
County of Roanoke
Adopted FY 2011 -2012 Budget
May 24,2011
Revenues:
General Fund:
General Government
$
170
Communications & Information Technology
7,561
Comprehensive Services
6
Law Library
27
Public Works Projects
175,693
SB &T- Social Services Building
444,580
Recreation Fee Class
4
Police Special Programs
1
Criminal Justic Academy
202
County Garage
2
Total General Fund
$
192
Debt Service Fund - County
$
8
Capital Projects Fund
$
4,230
Internal Service Fund - Risk Management
$
1,301,3 60
School Funds:
Operating
$
131
Nutrition
5
Capital
90400
Debt
13,654
Bus
910
Laptop Insurance Reserve
358
Grant
5
Textbook
738
Total School Fund
$
159
Total All Funds
$
365,495
Expenditures:
General Government:
General Administration
Board of Supervisors
$
291,511
County Administrator
282
Public Information
182
Asst. Co. Administrators
351
Human Resources
7 10, 140
County Attorney
5459940
County of Roanoke
Adopted FY 2011 -2012 Budget
May 24, 2011
Economic Development
535,835
Total General Administration
$
2
Constitutional Officers
Treasurer
$
76 1
Commonwealth Attorney
11 9 00 1
Commissioner of the Revenue
775
Clerk of the Circuit Court
1
Sheriffs Office
9
Total Constitutional Officers
$
13,087
Judicial Administration
Circuit Court
$
237,972
General District Court
69
Magistrate
1
J & DR Court
21
Court Service Unit
535
Total Judicial Administration
$
565,732
Management Services
Real Estate Assessments
$
513
Finance
1
Public Transportation
525
Management and Budget
275
Procurement Services
393
Total Management Services
$
3
Public Safety
Police
$
10
Fire and Rescue
13
Total Public Safety
$
23,922,567
Community Services
General Services
$
4
Community Development
4
Building Maintenance
1
Total Community Services
$
11,0
County of Roanoke
Adopted FY 2011 -2012 Budget
May 24, 2011
Human Services
Grounds Maintenance
$
21
Parks and Recreation
2
Public Health
369
Social Services
10,302
Contributions -Human Service, Cultural, Tourism, Dues
1
Library
3
VA Cooperative Extension
84,382
Elections
318,883
Total Human Services
$
20,007, 899
Non - Departmental
Employee Benefits
$
2
Miscellaneous
1
Internal Service Charges
6
Total Non - Departmental
$
11
Transfers to Other Funds
Transfer to Debt - General & Schools
$
16
Transfer to (from) Capital
(1,317,385)
Transfer to Schools
64
Transfer to Schools - Dental Insurance
477
Transfer to Public works Projects
175
Transfer to Internal Services
933
Transfer to Comprehensive Services
3
Total Transfers to Other Funds
$
84
Unappropriated Balance
Board Contingency
$
100
Total General Government
$
170
Communications & Information Technology
$
7
Comprehensive Services
$
6
Law Library
$
27
Public Works Projects
$
175
S B &T- Social Services Building
$
4449580
County of Roanoke
Adopted FY 2011 -2012 Budget
May 24, 2011
Recreation Fee Class
Police Special Programs
Criminal Justice Academy
County Garage
Total General Fund
$ 4
$ 1,000
$ 202
$ 2
$ 192
Debt Service Fund - County $ 8
Capital Projects Fund $ 4
Internal Services Fund - Risk Management $ 1
School Funds:
Operating
Nutrition
Capital
Debt
Bus
Laptop Insurance Reserve
Grant
Text Book
Total School Funds
Total All Funds
$ 131
5,704,000
904,000
13,654,394
910,000
358,600
5,508,401
798,477
$ 159
$ 36554959774
2. That the COUnty Administrator may authorize or delegate the au of
the transfer of any unencumbered balance or portion thereof from one department to
another.
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2011, are re- appropriated to the 2011 -12 fiscal year to the same department
and account for which they are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out - the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2011, and appropriations in the 2011-
2012 budget.
5. That all school fund appropriations remaining at the end of the 2010 -2011
fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year
2011 -2012 as follows:
a.) Two - thirds of the year end balance in the school operating fund will be allocated
to the Major School Capital Reserve;
b.) One -third of the year end balance in the school operating fund, will be allocated
to the Minor School Capital Reserve;
6. That all General Fund unexpended appropriations at the end of the 2010-
2011 fiscal year not lapse but shall be re- appropriated, as provided by Resolution
122104 -4, as follows:
a) Forty percent (40 %) of these unexpended appropriations shall be transferred to
the un- appropriated Minor county capital Fund Reserve;
b) Sixty percent (60 %) of these unexpended appropriations shall be re-
appropriated to the same department for expenditure in fiscal year 2011 -2012.
7. That all General Fund revenues collected in excess of appropriated revenues
shall be re- appropriated, as provided by Resolution 122104 -5, as follows:
a.) Revenues in excess of budget will first be allocated to the General Fund Un-
appropriated Balance, until the maximum amount for the current year is met, as
specified in the General Fund Un- appropriated Balance Policy, as adopted by
Resolution 122104 -2;
b.) The remainder of revenues in excess of budget will then be allocated to the
Major county capital Fund Reserve
S. Rescue fees collected by the Fire and Rescue Department in excess of
budgeted amounts will be re- appropriated and allocated to the Fire and Rescue capital
Reserve.
9. That two million dollars from the Unappropriated Fund Balance is hereby
appropriated to a Reserve for contingency for unanticipated or emergency expenditures
that may arise during the 2011 -2012 fiscal year; and money allocated to the Reserve for
Contingency must be appropriated by the Board of Supervisors before such money may
be expended.
10. This ordinance shall take effect July 1, 2011.
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ACTION NO.
ITEM NO. F -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: May 10, 2011
AGENDA rrEM: Ordinance to amend the Roanoke County Zoning Ordinance
SUBMITTED BY: John Murphy
Zoning Administrator
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In June 2009, the Planning Commission and Community Development staff identified
several areas of the zoning ordinance to review and update. The proposed amendments
would revise and incorporate regulations dealing with, but not limited to: parking and
parking structures; solar energy systems; private roads; fuel centers; religious assembly;
home occupations; accessory apartments; private stables; multiple dog permits; temporary
family health care structures; conditional zoning; enforcement procedures; nonconforming
uses; broadcasting towers; and the Board of Zoning Appeals including reducing the appeal
period for certain use violations.
After several work sessions on these proposed amendments, the Planning Commission
held a public hearing on April 0, 2011. No citizens spoke at the public hearing. The
Planning Commission recommended approval of the amendments by a vote of 5 -0. On
April 25, 2011, staff reviewed with the Board the proposed zoning ordinance amendments
in a work session. The second reading and public hearing on these proposed
amendments is scheduled for May 24, 2011.
FISCAL IMPACT:
None
Page 1 of 2
ALTERNA'T'IVES:
1 . Approve the first reading of an ordinance to amend the Roanoke County Zoning
Ordinance.
2. Take no action at this time.
STAFF RECOMMENDATION:
Staff recommends alternative number one (1).
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MAY 10 2011
ORDINANCE AMENDING VARIOUS SECTIONS OF THE ROANOKE
COUNTY ZONING ORDINANCE
WHEREAS, in June 2009, the Planning Commission and Community
Development staff identified several areas of the zoning ordinance to review and update
dealing with, but not limited to: parking and parking structures, solar energy systems,
private roads, fuel centers, religious assembly, home occupations, accessory
apartments, private stables, multiple dog permits, temporary family health care
structures, conditional zoning, enforcement procedures, nonconforming uses,
broadcasting towers and the board of zoning appeals including reducing the appeal
period for certain use violations; and
WHEREAS, on April 5, 2011, the Roanoke County Planning Commission held a
public hearing on various amendments to the Zoning Ordinance and recommended said
amendments to the Board of Supervisors for adoption; and
WHEREAS, on April 26, 2011, the Board of Supervisors held a work session on
said amendments; and
WHEREAS, public necessity, convenience, general welfare and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and,
WHEREAS, the first reading of this ordinance was held on May 10, 2011, and the
second reading and public hearing was held on May 24, 2011.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
Page 1 of 30
1. That the Zoning Ordinance is hereby amended to read and provide as
follows:
ARTICLE I — GENERAL PROVISIONS
SEC. 30 -15. CONDITIONAL ZONING; GENERALLY.
Sec. 30 -15 -4. Amendments and Variations of Conditions.
(13) There shall be no amendment or variation of conditions created pursuant to the
provisions of this ordinance until after a public hearing by the commission and board
advertised pursuant to the provisions of section 15.2 -2204 of the Code of Virginia, as
amended. However, where an amendment does not affect conditions of use or density, a
local governing body may waive the requirement for a public hearing. The cost of all
public advertisements shall be the responsibility of the applicant.
SEC. 30 -21. ENFORCEMENT PROCEDURES.
(13) Property owners, permit applicants, and /or establishment owners /managers, as
applicable, shall be notified in writing via certified mail of violations of the provisions of
this ordinance. The administrator shall, in the notice of violation, state the nature of the
violation, the date that it was observed, and the remedy or remedies necessary to correct
the violation. The administrator may establish a reasonable time period for the correction
of the violation, however in no case shall such time period exceed thirty Q 0
days from the date of the delivery, mailing or posting of the notice s ���i�
except that the administrator may allow a longer time period to correct the violation if the
correction would require the structural alteration of a building or structure.
a �
(DC) If the administrator is not able to obtain compliance with these provisions in
accordance with the procedures outlined above, civil and /or criminal procedures may be
initiated in accordance with county law.
SEC. 30 -23. NONCONFORMING USES AND STRUCTURES; GENERALLY.
Sec. 30 -23 -2. Nonconforming Uses of Buildings, Structures or Land.
Page 2 of 30
(I) If a non - conforming residential or commercial building or structure is damaged or
destroyed by a natural disaster or other act of God, such building or structure may be
repaired, rebuilt or replaced to eliminate or reduce the non - conforming features to the
extent possible without the need to obtain a variance. If such building or structure is
damaged greater than 50% and cannot be repaired, rebuilt or replaced except to restore it
to its original non - conforming condition, then the owner shall have the right to do so.
The owner shall apply for a building permit and any work done to repair, rebuild or
replace such building or structure shall be in compliance with the Uniform Statewide
Building Code and the County's floodplain regulations. Unless such building or structure
is repaired_, of rebuilt or replaced within two years of the date of natural disaster or other
act of God, such building or structure shall only be repaired, rebuilt or replaced in
accordance with the provisions of this ordinance. If the non - conforming building is in an
area under federal disaster declaration and it has been damaged or destroyed as of a direct
result of conditions that gave rise to the declaration, then the owner shall have an
additional two years to repair, rebuild or replace the building or structure.
SEC. 30 -24. BOARD OF ZONING APPEALS.
Sec. 30 -24 -1. Powers and Duties.
(B) The BZA shall have the power and duty to authorize upon appeal or original
application in specific cases a variance from the terms of this ordinance as will not be
contrary to the public interest, when, owing to special conditions a literal enforcement of
this ordinance will result in unnecessary hardship. No such variance shall be granted
unless the spirit of the ordinance shall be observed and substantial justice done. To
legally grant a variance, the BZA must be presented evidence and make a finding that:
3. That the granting of the variance will alleviate a clearly demonstrable
hardship � „
FY
„� ��N�'��� *;�N as distinguished from a special privilege or
convenience sought by the applicant.
Sec. 30 -24 -2. Applications for Variances.
The BZA shall not consider substantially the same request for one (1) year, unless
it is the subject of a motion to re -hear.
Sec. 30 -24 -3. Applications for Appeals.
(A) Appeals to the BZA may be taken by any person aggrieved or by an officer,
department, board, or bureau of the county affected by any decision of the administrator,
Page 3 of 30
or from any order, requirement, decision, or determination made by any other
administrative officer in the administration or enforcement of this ordinance. Appeals
must be made within thirty (30) days after the entry of the decision appealed from by
filing with the administrator and with the BZA, a notice of appeal, specifying the grounds
thereof.
> >
An appeal period of ten (10) days may be made for a notice of violation involving
temporary or seasonal commercial uses, parking of commercial trucks in residential
zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar
short -term, recurring violations.
The administrator shall forthwith transmit to the BZA all of the papers
constituting the record upon which the action appealed from was taken. An appeal shall
stay all proceedings in furtherance of the action appealed from unless the administrator
certifies to the BZA that by reason of facts stated in the certificate a stay would cause
imminent peril to life or property. In such cases, proceedings shall not be stayed unless a
restraining order is granted by the BZA, or by a court of record, on application and on
notice to the administrator and for good cause shown.
Page 4 of 30
ARTICLE II — DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Act of God: A natural event, not preventable by any human agency, such as flood, storms,
or lightning. Forces of nature that no one have control over, and therefore cannot be held
accn»ntahIP_
Alley: An open way that affords a service (i.e. garbage collection, delivery, mail) means
of access to an abutting property, which allows homeowner or property owner use /access, but is
not maintained by any local, state or federal government.
Buffer, riparian: A natural vegetated area left undisturbed or an established vegetated
area, adjacent to the bank of a watercourse, through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the
runoff and filtering out sediment and other nonpoint source pollutants from runoff before it
reaches a watercourse.
Disaster: Any_(i) man -made disaster including any condition following an attack by any
enemy or foreign nation upon the United States resulting in substantial damage of property or
inury to persons in the United States and may use of bombs, missiles, shell fire, nuclear,
radiological, chemical, or biological means or other weapons or by overt paramilitary actions;
terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident,
explosion, conflagration, power failure resource shortage, or other condition such as sabotage,
oils spills, and other injurious environmental contaminations that threaten or cause damage to
property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any
hurricane, tornado, storm, flood, high water, wind - driven water, tidal wave, earthquake, drought,
fire, communicable disease of public health threat, or other natural catastrophe resulting
damage, hardship, suffering, or possible loss of life.
Identification sign: A permanent sign displaying only the name of a
subdivision, multifamily housing project, shopping center, industrial park, office park, church,
school, public or quasi - public facility or similar use type.
Page 5 of 30
Lighting plan: A plan showing the location, height above grade, type of illumination,
type of fixture, the source lumens, and the luminous area for each source of light proposed.
Parking area: An area provided for the temporary parking of operable motor vehicles
and bicycles, including any related aisles, parking spaces, ingress and egress lanes, turning and
maneuvering areas, private garages, incorporated landscaped areas, and similar features meeting
the requirements established by section 30 -91 but not includina any part of a public right -of -way
or public street.
Parking, off- street: Spaces on premises rather than on the street for the temporary
parking of one (1) or more operable motor vehicles and bicycles conforming to the parking area
standards of section 30 -91.
Parking structure: A structure, or portion thereof, composed of one (1) or more levels or
floors used for the temporary parking of operable motor vehicles and which may include other
permitted uses. A parking structure may be totally below grade (as in an underground parking
garage) or either partially or totally above grade with those levels being either open or enclosed.
For purposes of this definition, a parking structure includes a building for a standalone parking
facility use or a structure for parking which is accessory to a permitted principal use.
Pasture: An area covered with grass or other plants used or suitable for grazing by
horses or ponies.
Recreational vehicle: A vehicle which can be towed, hauled or driven, designed and used
as temporary living accommodations for recreational, camping or travel uses only. Recreational
vehicles shall include travel trailers, pick -up campers, motor homes, tent trailers or similar
devices used for temporary mobile housing � "" "'LYe �1 boats and personal watercraft
Solar collector: Any device used to collect direct sunlight for use in the heating or
cooling of a structure, domestic hot water, swimming pool or for the generation of electricity.
Solar enemy: Refers to radiant energy (direct, diffuse, and reflected) received from the
sun.
Solar eneW system Any solar collector or other solar energy device along with its
ancillary equipment whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for space heating, space cooling, electric generation or water heating
Temporar:y family health care structure: A transportable residential structure, providing
an environment facilitatina a caregiver's provision of care for a mentally or physically impaired
person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited
Page 6 of 30
to one occupant who shall be the mentally or physically impaired person, (iii) has no more than
300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building
Safety Law and the Uniform Statewide Building Code.
Underground structure: A structure that is entirely or the majority of the structure is
below arade.
.
Undeveloped land: Land in its natural state before development.
SEC. 30 -29. USE TYPES; GENERALLY.
Definitions:
Fuel center: Any building, structure, or land used for the dispensing, sale or offering for
sale at retail of any vehicle fuels, oils or accessories. This use can be a standalone business or
accessory to another business.
Outdoor gathering: Any temporary organized gathering expected to attract five hundred
(500) or more people at one time in open spaces outside an enclosed structure. Included in this
use type would be music festivals, church revivals, carnivals and fairs, and similar transient
amusement and recreational activities not otherwise listed in this section. Such activities held in
public parks university campuses or on public school property shall not be included within this
use type.
Parking facility, : A principal u JJse of a site for surface parking or a
parking structure unrelated to a specific use which provides one or more parking spaces together
with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and
similar features meeting the requirements established by this ordinance. This use type shall not
include a parking structure accessory to a permitted principal use such as a private
garage in a residential or agricultural district
Restaurant, drive -in or fast food: An establishment primarily engaged in the preparation
of food and beverages, for either take -out, delivery or table service, served at a counter, a drive -
up or drive through service facility or by curb service. Typical uses include drive -in or fast food
restaurants or coffee shops.
Scrap and salvage services: Places of business primarily engaged in the storage, sale,
dismantling or other processing of uses or waste materials which are not intended for reuse in
their original forms. Typical uses include towing services, paper and metal salvage yards,
Page 7 of 30
automotive wrecking yards, junk yards, used tire storage yards, or retail and /or wholesale sales
of used automobile parts and supplies.
ARTICLE III — DISTRICT REGULATIONS
SEC. 30 -36. AV AGRICULTURAL /VILLAGE CENTER DISTRICT.
Sec. 30 -36 -2. Permitted Uses.
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in
article IV, use and design standards, for those specific uses.
4. Commercial Uses
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SEC. 30 -41. R -1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30 -41 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional, modified
or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
1. Agricultural and Forestry Uses
Stable, Private*
-�2. Residential Uses
Accessory Apartment*
Multiple Dog Permit*
-23. Civic Uses
-34. Miscellaneous Uses
(B) The following uses are allowed only by special use permit pursuant to section 30 -19. An
asterisk ( *) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
Page 8 of 30
*�l�Xi�t
21. Residential Uses
-32. Civic Uses
3-.-5�. Commercial Uses
SEC. 30 -42. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT.
See. 30 -42 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional, modified
or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
1. Residential Uses
Multiple Dog Permit*
(B) The following uses are allowed only by special use permit pursuant to section 30 -19. An
asterisk ( *) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1. Residential Uses
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SEC. 30 -47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT.
See. 30 -47 -2. Permitted Uses.
(A) The following uses are permitted in the planned residential development district.
However, no use shall be permitted except in conformity with the uses specifically
included in the final master plan approved pursuant to section 30 -47 -5. An asterisk ( *)
indicates additional, modified or more stringent standards as listed in article IV, use and
design standards, for those specific uses.
4. Commercial Uses
Filial cia ntPr *
Page 9 of 30
Sec. 30 -47 -3. Site Development Regulations.
(A) Each planned residential development shall be subject to the following site
development standards.
9. Streets in the PRD district may be public in accordance with VDOT and
county standards or may be private in accordance with the private road standards
specified in the Roanoke County Design Handbook. In reviewing the PRD
preliminary master plan, the commission may recommend, and the board may
approve, one or more private streets within the proposed district.
SEC. 30 -51. NC NEIGHBORHOOD COMMERCIAL DISTRICT.
Sec. 30 -51 -2. Permitted Uses.
(13) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in
article IV, use and design standards, for those specific uses.
1. Commercial Uses
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SEC. 30 -53. C -1 OFFICE DISTRICT.
Sec. 30 -53 -3. Site Development Regulations.
General standards. For additional, modified, or more stringent standards for specific uses, see
article IV, use and design standards.
(13) Minimum setback requirements.
2. Side yard: None.
W 4 R 9 8 0 1 ra
SEC. 30 -54. C -2 GENERAL COMMERCIAL DISTRICT.
Page 10 of 30
Sec. 30 -54 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional, modified
or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
4. Commercial Uses
FiA CP11tpr*
SEC. 30 -57. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT.
Sec. 30 -57 -3. Site Development Regulations.
(A) Each planned commercial development shall be subject to the following site
development standards:
5. Public streets in the PCD district shall be built in accordance with VDOT
and Roanoke County standards. In reviewing the PCD preliminary master plan,
the commission may recommend, and the board may approve, one or more private
streets within the proposed district. ,
Private residential streets in the PCD district shall be built in accordance
with the private road standards specified in the Roanoke Count Design
Handbook. Construction details for private residential streets shall be submitted
with the PCD preliminary master plan.
Sec. 30 -57 -7. Revisions to Final Master Plan.
(B) All other changes in the final master plan shall be considered minor amendments.
The administrator, upon receipt of a written request of the owner, may approve such
minor amendments.
1. If the administrator fails to act on a request for a minor amendment to the
master plan within 4-5 30 calendar days, it shall be considered approved.
SEC. 30 -58. CVOD CLEARBROOK VILLAGE OVERLAY DISTRICT.
Sec. 30 -58 -4. Permitted Uses and Use Restrictions.
Page 11 of 30
(B) Unless prohibited in 30- 58 -4(A) a special use permit shall be required for all uses
listed as a special use in the underlying zoning district. In addition, the following uses
shall require a special use permit within the Clearbrook village overlay district. An
asterisk ( *) indicates additional, modified, or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
2. Commercial Uses
Flip CP11tpr*
SEC. 30 -61. I -1 LOW INTENSITY INDUSTRIAL DISTRICT.
Sec. 30 -61 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional, modified
or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
6. Miscellaneous Uses
Parking Facilitie-sX*
SEC. 30 -62. I -2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30 -62 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional, modified
or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
6. Miscellaneous Uses
Parking Facilitie-sX*
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in
article IV, use and design standards, for those specific uses.
2. Commercial Uses
Flip] cpntpr*
Page 12 of 30
SEC. 30 -63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT.
Sec. 30 -63 -3. Site Development Regulations.
(A) Each planned technological development shall be subject to the following site
development standards:
5. Public streets in the PTD district shall be built in accordance with VDOT
and Roanoke County standards. In reviewing the PTD preliminary master plan,
the commission may recommend, and the board may approve, one or more private
streets within the proposed district. , JLJLLJF
Private residential streets in the PTD district shall be built in accordance
with the private road standards specified in the Roanoke Count Design
Handbook. Construction details for private residential streets shall be submitted
with the PTD preliminary master plan.
Sec. 30 -63 -7. Revisions to Final Master Plan.
(B) All other changes in the final master plan shall be considered minor amendments.
The administrator, upon receipt of a written request of the owner, may approve such
minor amendments.
1. If the administrator fails to act on a request for a minor amendment to the
master plan within 4-5 30 calendar days, it shall be considered approved.
SEC. 30 -71. EP EXPLORE PARK DISTRICT.
Sec. 30 -71 -3. Permitted Uses.
(D) The following uses are allowed only by special use permit pursuant to section 30 -19. An
asterisk ( *) indicates additional, modified or more stringent standards as listed in article
IV, use and design standards, for those specific uses.
1. Miscellaneous Uses
Broadcasting Tower*
Page 13 of 30
ARTICLE IV — USE AND DESIGN STANDARDS
SEC. 30 -81. AGRICULTURAL AND FORESTRY USES.
Sec. 30 -81 -5. Stable, Private.
(A) General standards: n��e�r ^ p , "I', �r�'t�c�.m�ce�t�rt�e X.
1. Minimum lot size: Two (2) acres.
2. A private stable shall be permitted only when accessory to a single- family
dwelling.
lIC7TrI�1Ti CrX"X1- CTr1�T JLZLTT7TT _-- 1 4nial: Ap-rp- QLA11
No more than one (1) horse or pony shall be permitted for eve
(2) acres of pasture area.
-34. Stables - corrals, and other confined areas shall
be setback at least 50 feet from any property
line. For the purpose of this section, perimeter fencin of a yard shall not be
considered a confined area.
45. Private stables shall brebare and follow a management blan for resbonsible and
environmentally safe management of all animal wastes. Such plan shall be
approved, when required by the Virginia Department of Environmental Quality,
Division of Water. Animal waste shall not create a nuisance or health hazard to
adjoining property owners.
6. A plot plan shall be required showing the location of the single- family dwelling,
the location of the required horse or pony shelter, the location and type of fencing,
and the acreage of pasture.
7. A special use permit shall be required on lots less than five (5) acres in an R -1
zoning district.
SEC. 30 -82. RESIDENTIAL USES.
Sec. 30 -82 -1. Accessory Apartments.
(A) Intent. Accessory apartments afford an opportunity for the development of small
dwelling units designed to meet the special housing needs of
persons with fixed or limited income, and relatives of families who live or desire to live
in the county. Accessory apartments provide a degree of flexibility for home owners
Page 14 of 30
with changing economic conditions and /or family structure, while providing a reasonable
degree of protection for existing property values. In addition, these provisions are
provided to formally recognize previously established apartments and provide for
improved safety and physical appearance.
(B) General standards:
1. An accessory apartment shall oinlu be eonsidered be permitted by as
an accessory use to a detached single family residence
•
2. An accessory apartment may be located in a structure other than the
principal structure on the lot if a special use permit has been obtained by the
property owner.
-23. Maximum floor area: Upon completion of the construction, the accessory
apartment shall not contain more than fifty (50) percent of the finished floor area
of the principal dwelling unit located on the same lot, but in no case shall the
accessory apartment exceed 1,000 square feet.
44. Only one accessory apartment shall be allowed on any one lot or parcel,
and the owner of the property shall reside on the premises.
45. Exterior entrances to t4e an apartment in a principal structure shall be
located so as to appear as a single family dwelling.
-56. Minimum floor area of the apartment: Three hundred (300) square feet.
67. One parking space shall be required in addition to required parking for the
principal dwelling and no separate driveway shall be permitted except as
otherwise permitted in the subsections below.
-78. Health Department approval of sewage disposal shall be submitted prior to
issuance of a building permit for an accessory apartment.
(C) Additional standards in the AG -3 and AG -1 districts:
1. An accessory apartment may be permitted by right in a building other than
the principal building provided:
a. The parcel contains a minimum of three (3) acres.
b. The building in which it is located complies with all s°
applicable zoning requirements for a principal building.
Additional standards in the AV, AR and residentially zoned districts:
Page 15 of 30
1. A detached accessory apartment may be permitted in a building other than
the principal building with a special use permit provided:
a. The parcel meets the minimum lot size requirement of the zoning
district it is located in.
b. The accessory building shall comply with all applicable zoning
requirements for a principal building_
C. A separate driveway shall be permitted for a detached accessory
apartment on parcels larger than two (2) acres.
(PE) General standards in the G 1 and G2 districts, independent of the general
standards above:
Sec. 30 -82 -3. Home Occupations, Type I and Type II.
(B) General standards:
3. There shall be no outside storage of goods, products, equipment, or other
materials inconsistent with a residential use associated with the home occupation.
No toxic, explosive, flammable, radioactive, or other hazardous materials used in
conjunction with the home occupation shall be used, sold, or stored on the site.
The sale of firearms as a home occupation shall be prohibited.
4. There shall be no sale of goods or products not produced on the premises
except for an individual representative for cosmetics or crafts for offsite events
6.
IAI:gli�jj to or -r-AM tLpav . Deliveries related to the home
occupation shall be limited to the United States Postal Service, parcel deliver
services, and messenger services. The commercial delivery by tractor trailer of
materials or products to or from the premises shall be prohibited.
(C) Additional standards for all Type I home occupations:
8. No advertising through local media, including telephone books, d flyers,
and the internet shall call attention to the residential address of the home
occupation.
Sec. 30 -82 -4. Multiple Dog Permit.
(A) General standards:
Page 16 of 30
4. A special use permit shall be required on lots less than five (5) acres in an
R - or R -2 zoning district.
Sec. 30 -82 -9. Manufactured Home Park.
(H) Streets and walkways:
1. Private streets shall be allowed within a manufactured home park
r �i%ea tiPiv T I and shall be constructed in accordance with the private road standards
specified in the Roanoke County Design Handbook.
I • • • ! •
•
•
4
-52. Manufactured home lots not served by a public or private street may be served by
a walkway, trail or bikeway, provided such pathway serves the front, rear, or side
of the manufactured home lot. Each pathway shall be constructed of a hard -
surface, or gravel material, and shall have a minimum width of three (3) feet.
Sec. 30 -82 -13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision
Option).
(F) Street and access requirements.
1. All residential lots within a cluster subdivision shall have frontage on and
access to a publicly dedicated or maintained street or a privates
street constructed in accordance with the private road standards
specified in the Roanoke County Design Handbook.
Page 17 of 30
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Sec. 30- 82 -14. Townhouses.
(B) General standards:
9.
-V VI-44io-les quill as '4:AQL . If utilized,
private roads shall be constructed in accordance with the private road standards
specified in the Roanoke County Design Handbook.
Sec. 30- 82 -16. Temporary Portable Storage Containers.
Page 19 of 30
(B) General standards:
7. Temporary portable storage containers cannot be located in the floodwav or
floodplain overlay district without meeting the standards in section 30 -74, as
amended.
-78. Temporary portable storage containers shall be permitted on a lot for a period not
to exceed thirty (30) consecutive days within a six (6) month period. For
extensive construction projects a written extension may be granted by the zoning
administrator.
.99. Maximum cumulative size of temporary portable storage containers on a
property shall not exceed one hundred thirty (130) square feet.
110. There is a limit of one (1) portable temporary storage container per lot.
X911. A zoning permit shall be required to be obtained prior to the placement of
a temporary portable storage container by the department of community
development with sufficient information, as determined by the zoning
administrator, to determine compliance with all applicable regulations such as:
a. Size of container
b. Location
C. Delivery date
d. Removal date
e. Purpose of container
f. Container provider contact information.
SEC. 30 -83. CIVIC USES.
Sec. 30 -83 -3. Community Recreation.
(A) General standards:
1. Any parkin lot, outdoor activity area, swimming pool, or ball field or
court which adjoins a residential use type shall be landscaped with one row of
small evergreen trees in accordance with section 30 -92 along the property line
adjoining the residential use type. Where night -time lighting of such areas is
proposed, large evergreen trees shall be required.
Sec. 30 -83 -5. Educational Facilities.
(A) General standards:
Page 20 of 30
1. Any parking lot, outdoor activity area, ball field or court, or stadium
which adjoins a residential use type shall be landscaped with one row of small
evergreen trees in accordance with section 30 -92 along the property line adjoining
the residential use type. Where night -time lighting of such areas is proposed large
evergreen trees shall be required.
In residential districts, the maximum building coverage shall be 40 percent and
the maximum lot coverage shall be 60 percent of the total lot area.
Sec. 30 -83 -7. Park and Ride Facility.
(A) General standards:
2. Park and ride facilities shall comply with the parking facility standards listed in
section 30 -87 -4.
Sec. 30 -83 -9. Religious Assembly.
In residential districts, the maximum building coverage shall be 40 percent and
the maximum lot coverage shall be 60 percent of the total lot area.
(BC) In the AG -3, AG -1 and AR districts, the maximum building coverage shall be
'PAT ell-inLAVAY (12�0) 30 percent and the maximum lot coverage shall be fifty (50) percent of the
total lot area.
(G In the AG -3, AG -1, AR, and R -1 districts a special use permit shall not be
required for the expansion of an existing use provided all of the following conditions are
met:
a. The total gross floor area of the expansion itself does not exceed 15,000
square feet; and
b. The gross floor area of the expansion is not more than two hundred (200)
percent of the existing gross floor area; and
C. The expansion does not include a principal worship area expansion of
more than fifty (50) percent of the existing permanent seating.
All other expansions must obtain a special use permit.
(DE) Additional standards in the C -2 district:
1. All new religious assembly uses require a special use permit.
Page 21 of 30
2. Expansions of existing uses are permitted by right.
SEC. 30 -84. OFFICE USES.
Sec. 30 -84 -3. Financial Institutions.
(A) General standards:
1. All drive - through windows shall conform to the standards for drive -
through facilities contained in section 30- 91 -4-06.
SEC. 30 -85. COMMERCIAL USES.
Sec. 30 -85 -3. Automobile Dealership, New.
(A) General standards:
1. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off - street parking areas as required
in section 30- 4-9 -4.3, parking area surface standards.
Sec. 30 -85 -4. Automobile Dealership, Used.
(A) General standards:
1. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off - street parking areas as required
in section 30- 4-9 -4.3, parking area surface standards.
Sec. 30 -85 -14.5. Fuel Center.
General standards:
1. Bulk storage of fuel shall be underground pursuant to the standards
established by the National Fire Prevention Association ( and the U.S.
Environmental Protection Agency (EPA).
2. Fuel dispensers shall be located at least 30 feet from any public street
right -of -way, and shall be located at least 100 feet from any adjoining residential
use type.
Page 22 of 30
3. When adjoining a residential use type, a Type C buffer yard in accordance
with section 30 -92 shall be provided along the property line which adjoins the
residential use tape•
Sec. 30- 85 -16. Gasoline Station.
(A) General standards:
2. Fuel dispensers shall be located at least 30 feet from any public street
right -of -way, and shall be located at least 100 feet from any adjoining residential
use ta pe.
3. When adjoining a residential use type, a Type C buffer yard in accordance
with section 30 -92 shall be provided along the property line which adjoins the
residential use tape•
(B) Additional standards in the AV and NC districts:
Sec. 30- 85 -24. Restaurant, Drive -In or Fast Food.
(A) General standards:
2. A special use permit shall not be required for any fast food restaurant that
is located within a shopping center (excluding outparcels) � �'�ri� that provides
delivery service but does not propose drive -in or curb service.
SEC. 30 -87. MISCELLANEOUS USES.
Sec. 30 -87 -3. Outdoor Gatherings.
(A) General standards:
2. In addition, a detailed plan shall be submitted of all facilities to be
provided in accordance with the following guidelines:
Page 23 of 30
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Sec. 30- 85 -24. Restaurant, Drive -In or Fast Food.
(A) General standards:
2. A special use permit shall not be required for any fast food restaurant that
is located within a shopping center (excluding outparcels) � �'�ri� that provides
delivery service but does not propose drive -in or curb service.
SEC. 30 -87. MISCELLANEOUS USES.
Sec. 30 -87 -3. Outdoor Gatherings.
(A) General standards:
2. In addition, a detailed plan shall be submitted of all facilities to be
provided in accordance with the following guidelines:
Page 23 of 30
e. Any lighting installed for the gathering shall be directed away from
adjoining properties and public rights -of -way, and shall not exceed ene
one -half (0.51 foot candle measured at the property boundary of the site.
Sec. 30 -87 -4. Parking Faciliti-esy.
(A) General standards:
2. Structured parking facilities shall comply with section 30- 91 -4.5, parking
ctr»c-t»rPc
SEC. 30 -88. ACCESSORY USES AND STRUCTURES.
Sec. 30 -88 -2. Accessory Uses: Residential Use Types.
(A) Residential use types may include the following accessory uses, activities or structures on
the same site or lot:
9. Temporary family health care structures in accordance with section 15.2-
2292.1 of the Code of Virginia, as amended.
Page 24 of 30
ARTICLE V — DEVELOPMENT STANDARDS.
SEC. 30 -90. SITE DEVELOPMENT PLANS.
Sec. 30 -90 -1. Information Required.
11. Off - street parking areas and parking spaces including handicapped spaces,
loading spaces, shopping cart corrals, and walkways indicating type of surfacing,
size, angle of stalls, width of aisles, and a specific schedule showing the number
of spaces provided and the number required by this ordinance.
SEC. 30 -91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30- 91 -2.2. Recreational Vehicle and Commercial Vehicle Parking.
(A) In the AR district and in all residential districts:
1. Except for vehicles parked within multi - family developments all utility
trailers and recreational vehicles, shall be parked behind the front building line,
unless space is provided in a completely enclosed garage or other building. For
the purposes of this section only, a corner lot that fronts on two (2) streets shall
have only one (1) front building line in accordance with section 30- 100 -7. In the
case of a unique house configuration the zoning administrator shall determine the
parking location for the recreation vehicle, based on having no interference on
sight distance in accordance with section 30- 100 -8.
Sec. 30- 91 -3.2. Spaces for Disabled Parking.
(A) Generally, the number of parking spaces reserved for the disabled, except for
single- and two - family dwellings, shall comply with the following table and shall count
toward the minimum number of off - street parking spaces required.
Total Off - Street Parking Required
Parking for Disabled Required
1 to 25
1
26 to 50
2
51 to 75
3
Page 25 of 30
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2 percent of total
1,001 and over
20 plus 1 for each 100 over 1,000
(B) Disabled parking aisle and space dimensions shall comply with the current edition
of the Virginia Uniform Statewide Building Code.
Sec. 30- 91 -3.3. Minimum Parking Required.
(E) Commercial Use Types
Equipment Sales and Rental
See Schedule A
Fuel Center
1 space per employee, plus required stacking
V ace
Funeral Home
1 space per 4 seats in main chapel, plus 1 space
per 2 employees, plus 1 space per company
vehicle
Sec. 30 -91- 3.4. Maximum Off - Street Parking.
Sec. 30 -91 -3 5. Shared Parking.
Sec. 30- 91 -4.5. Parking Structures.
General standards:
1. Parking structures shall be subi ect to the minimum yard. setback and
height requirements applicable in the zoning district in which the structure is
located, except for below grade parking structures.
2. All parking structures with at least one wall fagade exceeding 100 feet in
length shall incorporate vertical or horizontal variation in setback, material, or
fenestration along the length of facades visible from a public right -of -way.
Access and Circulation standards:
Page 26 of 30
1. Parking spaces and aisles shall conform to the standards set forth in the
Roanoke County Design Handbook.
2. Parking spaces, aisles, approach lanes and maneuvering areas shall be
clearly marked with directional arrows and signage to ensure the safe and efficient
flow of vehicles.
(c) Li
1. Parking, access and pedestrian areas shall have adequate illumination for
security and safety, and shall comply with section 30 -94, exterior li
2. Exterior li ghtin g fixtures shall be energy efficient with standards and
fixtures (poles, vertical supports) not exceeding a height of 15 feet measured from
the surface of the parking area.
Landscaping:
1. Landscaping for parking structures shall be provided in all yards pursuant
to perimeter landscaping requirements for surface parking areas. However, where
the location of such structure with respect to property boundaries and adjacent
structures will substantially inhibit the growth of required trees, such trees ma be
located along another perimeter of the site in a manner approved b the
administrator.
2. Parking structures shall not be required to provide planting islands or
landscaped medians within the parking structure.
3. A minimum of five (5) percent of the area of the top level of a parking
structure must be permanently landscaped where the top level of the structure has
a four (4) foot or less vertical distance from street grade or is directly accessible
from the street.
4. Top level landscaping shall consist mainly of evergreen planting material,
such as groundcover and small shrubs, and may include large pots that have a
minimum diameter of three (3) feet measured from the inside of the planter and a
minimum height of three (3) feet.
5. Parking structures located entirely below grade shall incorporate the
required perimeter landscaping into the overall landscaping plan for the site and
shall be designed to have adequate soil depth above the parking structure to
ensure healthy tree and landscape growth.
Sec. 30 -91- 5.1. Bicycle Parking Standards.
Sec. 30 -91 -5 2. Motorcycle Parking Standards.
Page 27 of 30
Sec. 30 -91- 5.3 Mass Transit Options.
SEC. 30 -92. SCREENING, LANDSCAPING, AND BUFFER YARDS.
Sec. 30 -92 -6. Applicability of Regulations and Requirements.
(F) Additional screening requirements:
1. All refuse service (dump sters/containers) and outdoor storage areas in all
zoning districts shall be screened from surrounding views per section 30 -92 -5 and
as shown in the Roanoke County Design Handbook Height of screening must be
a minimum of six (6) feet.
2. Ground level and roof top mechanical equipment shall be screened or
landscaped per section 30 -92 -5 and as shown in the Roanoke County Design
HanAnnk_
SEC. 30 -100. MISCELLANEOUS.
Sec. 30- 100 -2. Yard, Setback Coverage, and Height Requirements.
M A structure that is entirely below grade (underground) shall be exempt from the
minimum setback requirements of that zoning district. In the case of a unique setback for
a partially underground structure, the administrator shall determine the setback for the
structure based on having no interference on sight distance with section 30- 100 -8.
Portions of an underground structure which are below grade shall not be counted when
calculating lot or building coverage.
Sec. 30- 100 -13. Solar Enemy Systems.
The purpose of this regulation is to promote the safe, effective and efficient use of
solar energy systems installed to reduce the on -site consumption of utility supplied
energy and /or hot water while protecting the health, safety and welfare of adjacent and
surrounding land uses.
Solar enemy systems are permitted in any zoning district and may be installed
upon receipt of the necessary permit(s) from the County and subject to the following use
and desiyn standards:
1. General standards:
Page 28 of 30
a. The design of the solar energy system shall conform to applicable
industry standards.
b. A solar enerav system shall brovide bower for the brincibal use and /or
accessory use of the property on which the solar enemy system is located
and shall not be used for the generation of power for the sale or donation
of energy to others, although this provision shall not be interpreted to
prohibit net meterin.
C. A solar energy system connected to the utility grid shall provide written
authorization from the local utility company acknowledging and
approvin,a such connection.
d. All mechanical equipment associated with the operation of a solar enemy
system shall be considered ground level equipment and shall be screened
from any adjacent property per section 30 -92 -5.
e. Solar collectors shall be placed such that concentrated solar radiation or
glare shall not be directed onto nearby properties or roadways.
f. If a solar energy system is abandoned or is in a state of disrepair it shall be
the responsibility of the property owner to remove or repair the solar
ener yds stem.
2. Roof - Mounted Solar Enemy Sy stems:
a. A roof - mounted system may be mounted on a principal buildin or an
accessory building.
b. A roof - mounted system shall not exceed the maximum building
height for the type of building (principal or accessory) it is mounted to
based on the underl,g zoning district; and shall not be more than three
(3) feet higher than the finished roof to which it is mounted. In no
instance shall any part of the solar enemy system extend beyond the edge
of the roof.
C. The minimum roof - mounted system setback shall be equivalent to
the principal structure or accessory structure setback requirements of the
underlying zoning district.
3. Ground - Mounted and Pole- Mounted Solar Enemy Systems.
a. A ground- or pole- mounted system shall conform to the accessory
structure setbacks of the underlying zoning district; and shall not exceed
15 feet in total heir
b. The surface area of a ground- or pole- mounted system, regardless
of the mounted angle, shall be calculated as part of the overall lot coverage.
Page 29 of 30
The surface area of a ground- mounted system shall not constitute more
than ten (10) percent of the allowable lot coverage or 1,000 square feet,
whichever is less.
C. All exterior electrical lines from a around- or pole- mounted system
to any building or other structure shall be located under round.
2. That this ordinance shall be in full force and effect from and after its
passage.
Page 30 of 30
ACTION NO.
ITEM NO. F -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA7rE:
AGENDA ITEM:
SUBMITTED BY:
May 10, 2011
Ordinance amending - the Roanoke County Code Chapter 13.
"Offenses — Miscellaneous ", Article I. "In General ", Section 13-
4. "Discharge of firearms, air guns, etc., generally" by the
addition of a new section numbered 13 -4.1. "Discharge of
firearms near dwellings"
Paul M. Mahoney
County Attorney
COUNTY ADMINIS'TRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This ordinance would prohibit the discharge of firearms within one hundred (100) yards of
homes and occupied dwellings. It has been prepared at the request of Chairman Church.
Currently, the Roanoke County Code declares it unlawful to discharge firearms within the
County except when lawfully hunting, when safely engaged in target practice, or when
lawfully and safely shooting on a licensed range or shooting match (Section 13 -4). It is
also unlawful to shoot any -firearm in or along or within one hundred (100) yards of any road
or street in the County (Section 13 -5). It is unlawful to hunt or trap within one hundred
(100) yards of any primary or secondary highway in the County (Section 13 -5.2). Finally, it
is unlawful to hunt within one hundred (100) yards of any public school or County park
(Section 13 -5.3).
Section 15.2-1209 of the State Code authorizes any county to prohibit the shooting of
firearms or arrows from bows "in any areas of the county which are in the opinion of the
governing body so heavily populated as to make such conduct dangerous to the
inhabitants thereof ".
That the first reading of this ordinance is scheduled for May 10, 2011, and the second
reading is scheduled for May 24, 2011.
Page 1 of 2
STAFF RECOMMENDATION:
It is recommended that the Board consider the adoption of the attached ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 19, 2911
ORDINANCE AMENDING THE ROANOKE COUNTY CODE CHAPTER
13. "OFFENSES — MISCELLANEOUS ", ARTICLE I. "IN GENERAL ",
SECTION 13-4. "DISCHARGE OF FIREARMS, AIR GUNS, ETC.,
GENERALLY" BY THE ADDITION OF A NEW SECTION NUMBER 13-
4,11. "DISCHARGE OF FIREARMS NEAR DWELLINGS"
WHEREAS, Section 15.2 -1299 of the Code of Virginia authorizes the governing
body of any county to prohibit outdoor shooting of firearms in any area of the county
which in the opinion of the Board of Supervisors is so heavily populated as to make
such conduct dangerous to the inhabitants thereof; and,
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is dangerous to discharge firearms within one hundred (100) yards of homes and
occupied buildings; and,
WHEREAS, the County Attorney has provided notice to the Director of the
Department of the Game and Inland Fisheries of the adoption of this ordinance as
provided in Section 29.1 -528 of the Code of Virginia; and,
WHEREAS, the first reading of this ordinance will be held on May 19, 2911, and
the second reading will be held on May 24, 2911.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
1. That a new Section 13 -4.1. – Discharge of Firearms Near Dwellings be
added to read and provide as follows:
Sec. 13 -4.1. - Discharge of Firearms (Wear Dwellings
Page 1 of 2
(a) It shall be unlawful for any person to engage in hunting with a firearm or to
discharge a firearm within one hundred (100) yards of a dwelling house or occupied
building not his or her own.
(b) It shall be unlawful for any person to engage in hunting with a bow or to
discharge arrows from bows within one hundred (100) yards of a dwelling house or
occupied building not his or her own. A "bow" includes all compound bows, crossbows,
longbows and recurve bows that have a peak draw weight of ten (10) pounds or more.
The term "bow" does not include bows that have a peak draw of less than (10) pounds
or that are designed or intended to be used principally as toys. The term "arrow" means
a shaft -like projectile intended to be shot from a bow.
(c) Any person violating this section shall be guilty of a Class 3 misdemeanor.
In addition the court in which the case is prosecuted may, in its discretion, confiscate
the firearm or device in question.
2. That this ordinance shall be full force and effect from and after its
adoption.
Page 2 of 2
ACTION NO.
ITEM NO. F -4
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:
May 10, 2011
Ordinance amending Chapter 4. "Amusements ", Section 4 -4.
"Definitions ", Section 4 -11. "Security" and Section 4 -13. "Entry
and inspections; enforcement; penalties" of the Roanoke
County Code to provide for security, inspection and penalties
for the failure to maintain private swimming pools
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This ordinance amends Chapter 4. "Amusements" of - the Roanoke County Code to provide
for - the inspection and security of private swimming pools. This ordinance is requested by
the County Administrator to address the problem of owner's of private swimming pools
failing to maintain these facilities and allowing the growth of algae and the creation of a
breeding area for mosquitoes. It appears that this problem is becoming more prevalent as
properties are foreclosed upon or otherwise abandoned by their owners.
This ordinance amends Section 4 -4. `Definitions' to include private swimming pools. It
amends Section 4 -11 which deals with security of such facilities and to require the
treatment of water to prevent the growth of algae and the breeding of mosquitoes or other
vermin. Finally, this ordinance amends Section 4 -13 to provide for a penalty for violations
and to authorize the County to take remedial actions, the cost of which is to be assessed
against the property owner and a lien against the real estate.
The first reading of this ordinance will be held on May 10, 2011, and the second reading
will be held on May 24, 2011.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of the attached
ordinance.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 10 2011
ORDINANCE AMENDING CHAPTER 4. "AMUSEMENTS ", SECTION 4-
4. "DEFINITIONS ", SECTION 4 -11. "SECURITY" AND SECTION 4 -13.
"ENTRY AND INSPECTIONS; ENFORCEMENT; PENALTIES" OF THE
ROANOKE COUNTY CODE TO PROVIDE FOR SECURITY,
INSPECTION AND PENALTIES FOR THE FAILURE TO MAINTAIN
PRIVATE SWIMMING POOLS
WHEREAS, Section 15.2 -1200 of the Code of Virginia authorizes any county to
adopt such measures as it deems expedient to secure and promote the health, safety
and general welfare of its inhabitants; and
WHEREAS, such power shall include the adoption of quarantine regulations, the
adoption of necessary regulations to prevent the spread of contagious diseases, and
the "adoption of regulations for the prevention of the pollution of water which is
dangerous to the health or lives of persons residing in the county "; and
WHEREAS, the Board of Supervisors has adopted ordinances (Ord. Nos. 62894-
18 52395 -9 040996 -3) to regulate the operation of public swimming pools in Roanoke
County; and
WHEREAS, the operation of certain private swimming pools in Roanoke County
have threatened the public health, safety, and welfare of neighboring citizens as a result
of a failure to maintain these private swimming pools; and
WHEREAS, the first reading of this ordinance was held on May 10, 2011, and the
second reading was held on May 24, 2011.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
Page 1 of 4
1. That Article I. "In General" of Chapter 4. "Amusements" of the Roanoke
County Code is amended and reenacted as follows:
Sec. 4 -4. - Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings ascribed to them by this section, unless otherwise indicated to the contrary:
Agent shall mean a legally authorized representative of the owner.
Disinfectant shall mean the chemical that disinfects by inhibiting, neutralizing, or
destroying the growth of harmful microorganisms.
Free residual disinfectant shall mean the amount of measurable chlorine and
bromine remaining in the water following disinfection.
Health director shall mean the health director of the Roanoke County- Vinton
Health Department, or his authorized representative.
Lifeguard shall mean an individual who is currently certified as a lifeguard in
accordance with the standards as recommended by the American Red Cross or other
accredited agency recognized by the health director, or qualified by a reputable water
safety organization.
Operator shall mean the individual who is currently a certified pool operator in
accordance with the standards as recommended by the National Swimming Pool
Foundation, the National Recreation and Park Association, or other accredited agency
recognized by the health director;
Owner shall mean any person who owns, leases or has signed a contract to own
or lease a public swimming pool.
Public swimming pool shall mean any swimming pool, other than a private
residential swimming pool, intended to be used collectively by numbers of persons for
swimming or bathing and operated by any person, whether as owner, lessee, operator
or concessionaire, for which any fee or consideration is charged directly or indirectly for
such use. The term "public swimming pool" includes, but is not limited to, tourist
establishment pools, pools owned or operated by hotels and motels, condominium,
private club, apartment, or any association of persons. The term "public swimming pool"
shall not include single occupant tubs and showers used exclusively for therapeutic
purposes nor spas or hot tubs regulated by Article VI of this chapter.
Swimmer capacity or load shall mean the maximum number of persons permitted
in the pool at a given time, to be determined by dividing the total square footage of
swimming pool water surface area by 27.
Swimming pool shall mean any structure, basin chamber, or tank, located either
indoors or outdoors, including public and private residential swimming pools, containing
an artificial body of water intended to be used for swimming, diving or recreational
bathing, and having a water depth of twenty -four (24) inches or more at any point
Sec. 4 -11. - Security.
Swimming pools shall be maintained in a manner which will not create a
nuisance or hazard to the public safety and well- being, and the pool area shall be
Page 2 of 4
adequately secured against unauthorized entry by the public in general. The impounded
water shall, at all times, be treated in a manner which will prevent the growth of algae
and the breeding of mosquitoes or other vermin
Sec. 4 -13. - Entry and inspections; enforcement; penalties.
(a) In accordance with the provisions of section 32.1 -25 of the Code of
Virginia, 1950, as amended, the health director or his designee shall have the right to
enter any property to conduct inspections and to ensure compliance with this article. All
public swimming pools in the county may commence operations each year only after
being inspected by the health director or his designee and receiving a permit from the
director and after complying with all licensing requirements of the commissioner of the
revenue. The health director is authorized to require each owner to complete and
submit an annual application, all in such form as the director shall approve. Each
application shall be accompanied by a fee in the amount of fifty dollars ($50.00) to
partially reimburse the county for the cost of this inspection.
(b) When the health director finds that the provisions of this article are not met
or that any condition exists that endangers the life, health or safety of the users of any
public swimming pool, he may order the facility closed until the condition is corrected.
When the health director finds that any provisions of this chapter are not met, he shall
give written notice to the owner of the specific sections of this Code which are being
violated and afford the owner an opportunity to respond to such notice. Failure of any
owner to respond to the health director's notice either in writing or in person, within ten
calendar days, shall be considered an admission of fact as to the existence of the
violations set forth in the notice of violation. Upon the occurrence of any violation of this
chapter, which does not threaten the life, health or safety of any user of the pool, the
health director shall have the authority to develop reasonable steps for the correction of
any violations in consultation with pool owner. Continued failure to comply with these
regulations shall be cause for revocation of any permit or business license issued, as
required in subsection (a). Any person aggrieved by the refusal of the health director to
grant, or by the revocation or suspension of, a permit or license shall have the right to
appeal therefrom to the circuit court of the county within thirty (30) days of such refusal,
revocation or suspension.
(c) Any owner, agent or operator in charge of or control of any public
swimming pool which is in violation of the provisions of sections 4 -4 through 4 -12 shall
be guilty of a Class 4 misdemeanor. Any owner, agent or operator who shall operate a
public swimming pool without a license or permit shall be guilty of a Class 1
misdemeanor. Each day of operation of such pool without a valid license or permit shall
constitute a separate offense.
(d) The health director shall utilize the inspection process to develop
recommendations designed to promote safety and health in swimming which are
responsive to the unique needs and situations of each pool.
Le I Any owner of a private residential swimming pool who is in violation of
Section 4 -11 shall be guilty of a Class 4 misdemeanor. In addition to any criminal
penalty the County Administrator or his designee sh be authorized to take such
remedial actions as may be necessary protect the public health, safety or welfare,
Page 3 of 4
and the cost of such remedial actions shall be assessed against the property owner, a
lien for such costs shall be placed against the real estate, and collected as real estate
taxes.
2. That this ordinance shall be in full force and effect from and after its
adoption.
Page 4 of 4
ACTION NO.
ITEM NO. F -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA'rE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
May 10, 2011
Ordinance authorizing the granting of a fifteen foot utility
easement to Appalachian Power (AEP) on property owned by
the Roanoke County Board of Supervisors (Tax Map No.
097.05 -01- 26.00) for the purpose of an underground electric
power line to the new South County Library facility, Cave
Spring Magisterial District
Joseph B. Obenshain
Senior Assistant County Attorney
B. Clayton Goodman III
COUnty Administrator
COUNTY ADMINIST'RATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Appalachian Power is requesting that Roanoke County grant them a fifteen (15') foot utility
easement from an existing overhead line for purposes of an underground electric service to
the new South County Library facility.
A drawing entitled "Proposed Right of way on Property of Roanoke County Board of
Supervisors" plan prepared by AEP, dated April 25, 2011, indicating the proposed location
of an underground electric line is attached.
Staff has met with officials of AEP on site and has determined the location of the easement
will have a minimal amount of impact on County -owned property.
FISCAL IMPACT:
No funding from Roanoke County will be required for this request.
Page 1 of 2
ALTERNATIVES:
1. Authorize the granting of a fifteen (15') foot utility easement to Appalachian Power
for the purpose of an underground electric line to 'the new South County Library
facility.
2. Decline to authorize the requested easement.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, MAY 10 2011
ORDINANCE AUTHORIZING THE GRANTING OF A FIFTEEN FOOT
UTILITY EASEMENT To APPALACHIAN POWER ON PROPERTY
OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX
MAP NO, 097.05-01-26.00) FOR THE PURPOSE of AN UNDERGROUND
ELEc'rIRC POWER LINE To THE NEW SOUTH COUNTY LIBRARY,
CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Appalachian Power Company (AEP) requires a permanent utility
easement for purpose of providing electrical service to the new South county Library - from
an existing overhead electric line; and
WHEREAS, granting this utility easement for an underground electric line is
necessary for the operation of the new South county Library; and
W EREAS, the proposed utility easement to the South county Library will serve the
interests of the pi .,iblic 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 only by ordinance.
A first reading of this ordinance was held on May 10, 2011, and a second reading and
public hearing was held on May 24, 2011
2. That pursuant to the provisions of Section 16-01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is
hereby made available for other public uses by conveyance to Appalachian Power
Company for a utility easement.
I That donation to Appalachian Power Company of a utility easement for
purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way
on Property of Roanoke county Board of Supervisors ", prepared by Appalachian Power
Company and dated April 25, 2011 , is hereby authorized and approved.
4. That the County Administrator, or any Assistant county Administrator, is
Page 1 of 2
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 2of2
D' 100
POLE 37800348046226
ROANOKE COUNTY, VA
T.D. 665000
APPALACHIAN POWER COIOPNIY
GS SERVICES
ROANOKE VIRGINIA
PROPOSED RIGHT OF WAY
ON PROPERTY OF
ROANOKE COUNTY
BOARD OF SUPERVISORS
a"= an RVM 4/26/2011
AV.an CPH a AS SHOWN
aml
DRAINING NO. — 213 8
Map No. 3780- 348 -C4 W. O. No. W002167101
Prop No. 1
Job No. 11- 100028
THIS AGREEMENT, made this 26th day of April , 2011 by and between
the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "Grantors,"
and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian."
WITNESSETH:
THAT for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand
paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant
and convey to Appalachian, its successors and assigns, a " non —exclusive " right of way and easement
with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect,
install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric
power underground, including electric service lines and extensions there from, in, on, along, over,
through, across and under the lands of the Grantors identified as Tax Parcel 097.05 -01- 26.00 -0000,
situated in The Cave Spring Magisterial District, County of Roanoke, State of Virginia.
Being a right of way and easement to provide electrical service to the Roanoke
County Library at 5690 Merriman Road SW. Said right of way and easement
depicted as a Proposed Underground Electric Line on Appalachian Power
Company drawing No. V -2138, dated 412612011, entitled, "Proposed Right of
Way on Property of Roanoke County Board of Supervisors" attached hereto
and made a part hereof.
TOGETHER with the right to Appalachian, its successors and assigns, to construct,
erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will,
underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures
THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO
APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022 -2121
and appurtenances (hereinafter called "Appalachian Facilities "), in, on, along, through, across and
under the above referred to premises; the right to cut, trim and/or otherwise control any trees
overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere
with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said
premises and to excavate thereon; and the right of ingress and egress to and over said above referred to
premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything
necessary or useful or convenient in connection therewith; also the privilege of removing at any time
any or all of said improvements erected or installed in, on, along, through, or across and under the
above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment
of the rights herein granted.
Appalachian agrees to restore and repair any damage to Grantor's property that may
be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that
Appalachian will not be expected to restore the property to the identical original condition, but rather
as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating
such restoration.
APPALACHIAN will indemnify and save the Grantor harmless against any and all
loss or damage, accidents, or injuries, to persons or property, whether of the Grantor or of any other
persons or corporations arising in the manner from the negligence of Appalachian in the construction,
operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed
upon the right of way granted by this agreement.
B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia
joins In the execution of this instrument to signify the conveyance by the Board of Supervisors of
Roanoke County, Virginia, of the real estate conveyed herein pursuant to Ordinance No.
, adopted by the said Board of Supervisors on the day of , 20l 1.
2
TO HAVE AND TO HOLD the same unto Appalachian Power Company, its
successors and assigns.
It is agreed that this foregoing is the entire contract between the parties hereto, and
that this written agreement is complete in all its terms and provisions.
NOTICE TO LANDOWNER: You are conveying rights to a public service
corporation. A public service corporation may have the right to obtain some or all of these rights
through exercise of eminent domain. To the extent that any of the rights being conveyed are not
subject to eminent domain, you have the right to choose not to convey those rights and you could not
be compelled to do so. You have the right to negotiate compensation for any rights that you are
voluntarily conveying.
WITNESS the following signatures and seals.
BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA
L I DA ,
B. Clayton Goodman, III
County Administrator of Roanoke
County, Virginia
STATE OF VIRGINIA )
TO -WIT:
COUNTY OF ROANOKE )
The foregoing instrument was acknowledged before me this day of ,
2011, by B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia.
NOTARY PUBLIC
My Commission Expires:
C
ACTION NO.
ITEM NO. G -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA I'rEM:
SUBMITTED BY:
APPROVED BY:
May 10, 2011
Ordinance authorizing the purchase of approximately two (2.0)
acres of real estate (Tax Map No. 79.01 -4 -22) from K.W. and
Nancy A. McNeil for library purposes and appropriation of
$306,000 from the Major Capital Fund, Vinton Magisterial
District
Diane D. Hyatt
Assistant County Administrator
B. Clayton Goodman II�
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The County of Roanoke is currently leasing space for the Mt. Pleasant library at 2914 Jae
Valley Road. This property is now available to purchase from K.W. and Nancy A. McNeil
for $300,000. The property is approximately two point zero (2.0) acres. It includes the
building next door (2918 Jae Valley Road), which has been used as a garage, but will be
vacant effective April 30, 2011.
The Mt. Pleasant library relocated to the current location from a room in - the Mt. Pleasant
Elementary School to accommodate the school renovations in June 2009. The relocation
has received a very positive response from the citizens. Square footage tripled, and the
circulation increased thirty seven percent (37 %), from 1,734 per month to 2,371 per month.
In addition, there is now room for computers, and WiFi is available.
The Mt. Pleasant library is an identified project in the County Capital Improvements Plan.
The purchase of this property will give us control of the property and the ability to build a
new library on this site at some point in the future. The library would continue to be used
as is until that time.
Page 1 of 2
Staff has already received a Phase I environmental report on the property. This report did
not reveal anything of concern. The report indicates that no additional environmental
testing is recommended on the property.
The County code requires two readings of an ordinance in order to purchase property. The
first reading of this ordinance was held on April 26, 2011.
FISCAL IMPACT:
The property cost is $333,000. In addition, we will need approximately $6,000 for the
testing and title work. These funds are available in the Major Capital fund.
STAFF RECOMMENDATION:
Staff recommends adopting this ordinance to purchase two (2) acres of real estate on Jae
Valley Road (Tax Map No. 79.01 -4 -22) for library purposes, which includes the
appropriation of $306,000 from the Major Capital Fund.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 10, 2011
ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY
TWO (2.0) ACRES OF REAL ESTATE (TAX MAP NO. 79.01 -4 -22)
FROM K. W. AND NANCY A. MCN EI L FOR LIBRARY PURPOSES,
VINTON MAGISTERIAL DISTRICT
WHEREAS, on April 15, 2011, Roanoke County entered into a contract of sale,
subject to approval by the Board of Supervisors, with K. W. and Nancy A. NcNeil for the
purchase of approximately 2.0 acres of real estate for the purchase price of $300,000 in
the Vinton Magisterial District for library purposes; and
WHEREAS, the County now wishes to approve and ratify the execution of said
contract and purchase this real estate; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on April 25, 2011, and the second reading was
held on May 10, 2011; and
NOW "f H EREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the contract of sale dated April 15, 2011, for the acquisition of
approximately two (2.0) acres of real estate (Tax Map No. 79.01 -4 -22) for the sum of
$300,000 is hereby approved and ratified and further that the acquisition of said real
estate is hereby authorized and approved.
2. That the sum of $306,000 is available in the Major Capital fund to pay all
of the costs of this acquisition, and is hereby appropriated for this purpose. This
Page 1 of 2
amount is for the purchase price of this real estate and for the various closing costs to
complete this transaction.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execrate such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
Page 2of2
ACTION NO.
ITEM NO. H.1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DA rE: May 10, 2011
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Capital Improvement Program (CIP) Review Committee (appointed by District)
The following one -year terms expired 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)
2. Parks, Recreation and Tourism Commission (appointed by District)
➢ David Watt, who represents - the Catawba Magisterial District, has resigned. His
three -year term will expire on June 30, 2012
3. Roanoke County Community Leaders Environmental Action Roundtable (RC
CLEAR) (appointed by District)
➢ Reath Deibler, who represented the Vinton Magisterial District, has moved from the
area and is no longer serving on RCCLEAR.
➢ Supervisor Flora has appointed Rebecca Beach to represent - the Hollins Magisterial
district. Her three -year term will expire on August 31, 2013. Confirmation of the
appointment has been placed on the Consent Agenda.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 10, 2011
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Beard of Supervisors of Roanoke County, Virginia, as
fellows:
That the certain section of the agenda of the Beard of Supervisors for May 10, 2011,
designated as Item Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1, as follows:
1. Approval of Minutes — April 12, 2011
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Audited balance at June 30, 2919
Addition of 2499 -10 operations
Amount
M -1
% of General
Fund Reve
$ 19,959 19. *
213,198
Balance at May 10, 2911 $ 20,172,318 10.84% **
Note: On December 21, 2004, the Board of supervisors adopted a policy to increase the General
Fund Unappropriated Balance incrementally over several years.
* 2999 -10 a range of 9.5 %- 19.5% of General Fund Revenues
2909 -10 General Fund Revenues $188,758,559
9.5% of General Fund Revenues $17,741,872
10.5% of General Fund Revenues $19,899,438
** 2010 -11 a range of 19.0% -11.0 % of General Fund Revenues
2019 -11 General Fund Revenues $189,818,185
19.9 % of General Fund Revenues $18,981,819
11.9 % of General Fund Revenues $20,858,900
The Unappropriated Fund Balance of the County is currently maintained at 10.84% which is within the
range of our goal for 2010 -11. The County's goal is to increase the balance over time to 11.0%
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator"8��
M -2
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor Courrtv Capital Reserve
(Projects not in the CIP, architectural /engineering services, and other one -time expenditures.)
Audited balance at June 30, 2010
Addition of 2009 -10 operations
September 28, 2919 Appropriation for option on 5755 Crystal Creek Drive
December 14, 2919 Appropriation to purchase one fire vehicle
December 14, 2010 Appropriation to replace the Walrond Park ball field lights
December 14, 2919 Appropriation to terminate agreement for Jack Smith Industrial Park
Amount
$1
2, 075, 577.00
(6
(82,847.00)
(150,000.00)
(382,632.72)
(60,000.00)
December 14, 2010 Appropriation to purchase property and house at 5755 Crystal Creek D
Balance at May 10, 2911 $2
Maior County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited balance at June 30, 2010 $883,539.00
Balance at May 19, 2911
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator 'E!5Z
$8839539-00
IuII�
RESERVE FOR BOARD CONTINGENCY
COUNTY of ROANOKE, VIRGINIA
Amount
From 2910 -2911 Original Budget $100,000.00
July 13, 2019 Appropriation for Legislative Liaison (24,090.00)
December 14, 2019 Appropriation for Special Election January 11, 2011 ( 19
January 11, 2911 Appropriation for additional audit fees (8
Balance at May 19, 2911 $ 48,262.59
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County AdministratoraW:�'
AT M-4
V.LOuutv IIf YvIIMYTIIhP
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01ciclutal _* 14
RL OA
DECLARING MAY 149 2411, AS
THE NATIONAL ASSOCIATION OF LETTER CARRIERS ( NALC )
"STAMP OUT HUNGER" FOOD DRIVE DAY
IN THE COUNTY OF ROANOKE
WHEREAS, Accordin to the United States Department of A (USDA
49,000,000 Americans are at risk of hun and
WHEREAS, these millions upon millions of families are sufferin and stru
to make ends meet and put food on their tables; and
WHEREAS, Food banks, shelters and pantries need help more than ever as
families count on these pantries and food banks for support; and
WHEREAS, the g oal of the NALC in their "Stamp Out Hun food drive is to
combat this hun and
WHEREAS, Locall the NALC Branch 524 Letter Carriers are askin the citizens
of the g reat Count of Roanoke and surroundin communities for
their assistance to help these families in need; and
WHEREAS, Ma 14, 2011 will mark the 18th annual event for NALC across the
countr and is the nation's lar sin food drive.
NOW THEREFORE, 1, Joseph B. "Butch" Church, Chairman of the Board of
Supervisors of Roanoke Count Vir do hereb proclaim Ma 14,
2011, as "THE NATIONAL ASSOCIATION OF LETTER CARRIERS
( NACL) STAMP OUT HUNGER FOOD DRIVE DAY" and call upon the
citizens of the Count of Roanoke to participate in the fi to stamp
out hun
Presented this 10th da of Ma 2011
Joseph B. "Butch" Church, Chairman
B. Cla Goodman III
Count Administrator
ACTION NO.
ITEM NO. N -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
M E EI'I NG DATE: May 10, 2011
AGENDA ITEM: Work session to discuss the impact of passing along the
employee portion of the Plan 2 Virginia Retirement System
(VRS) contribution rate to employees
SUBMITTED BY: Diane D. Hyatt
Assistant County Administrator
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
All employees that are hired after July 1, 2010, by VRS participating entities are members
of VRS Plan 2, unless - they have previously been employed in a VRS covered position.
Plan 2 participants have a different benefit structure than Plan 1 VRS participants.
On June 22, 2010, the County of Roanoke Board of Supervisors adopted a resolution
authorizing the County to pick up the Plan 2 employees portion of the VRS rate. This
resolution can be changed at any time in the future, to be effective with the following July 1.
On April 12, 2011, the staff presented information to the Board of Supervisors in a work
session about passing along the five percent (5 %) employee contribution to the Plan 2
employees. The Board asked staff to return with additional information. This time has
been set aside for this discussion.
As shown on Attachment A, the long term annual and cumulative savings to the County of
passing along the five percent (5 %) contribution to the Plan 2 employees is tremendous.
The County has historically experienced an eight percent (8 %) turnover in personnel.
Assuming an eight percent (8 %) turnover, within twenty (20) years ninety three percent
(03 %) of the County employees will be Plan 2 participants. By 2030 -2031 'the County will
be saving $2,180,084 annually, with a cumulative savings of $22,801,775.
Page 1 of 3
If the County does decide to pass along the five percent (5 %) employee contribution, all
Plan 2 employees must be treated the same. There are currently forty (40) county
employees that are Plan 2 participants. They were told at the time they were hired that, as
a Plan 2 employee, the Board had the option to pass along the employee portion of the
premium to them at any time in the future. This information is also noted on the Employee
Benefits website and in the Employee Benefits brochure. The department heads have
spoken to each of these individuals, and all were aware of this possibility, and it would not
impact their continued employment with the county.
It will cost $53,362 to hold these employees harmless for one year. This would need to be
done as a one -time salary supplement, rather than a raise. Since the County has not had
raises for three years, there is compression at the bottom of the pay scale, and giving a
raise to these Plan 2 employees would cause them to earn more than others in the same
positions that have been with the County longer.
The average salary for these forty (40) Plan 2 employees is $29,420. They will receive an
average hold - harmless supplement of $1,471. In addition, they will receive the one -time
four (4 %) supplement that the Board approved on April 26, 2011, with an average amount
of $1,177.
Several other local governments and school districts already passed along the five percent
(5 %) employee contribution to Plan 2 participants. Attachment B is a listing of the other
VRS participating employers that are passing along all or part of the employee contribution
in the 2010 -2011 fiscal year. VRS does not currently have a listing of localities that will be
added to this listing for 2011 -2012.
FISCAL IMPACT:
The savings to the County from passing along the five percent (5 %) employee contribution
to the Plan 2 employees is estimated to be $145,859 for 2011 -2012. The cost to hold -
harmless the current Plan 2 employees for one year is $63,362. This additional cost can
be absorbed within the first year savings.
STAFF RECOMMENDATION:
An action item is included in the evening session, and the staff recommendation is as
follows:
1. Pass along the five percent (5%) employee contribution to the Plan 2 employees,
beginning July 1, 2011.
2. The Plan 2 participants that were hired between July 1, 2010, and May 10, 2011,
should receive a salary supplement, payable in two installments in the 2011 -2012
fiscal year (in July 2011 and January 2012) so that they are held-harmless for this
change for one year.
Page 2 of 3
3. Any new hires after May 10, 2011, are hired with the knowledge that they will pay
their own employee contribution for VRS effective July 1, 2011, and they will not
receive a supplement.
Page 3 of 3
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Summary of other VRS Participating Employers
Passing Along 5% Employee Contribution
Cnr Ins n_11
Counties (26 out of 87)
Albemarle County
Amherst County
Bath County
Bedford County
Bland County
Botetourt County
Campbell County
Chesterfield County
Culpepper County
Dinwiddie County
Faquier County
Floyd County
Giles County
Grayson County (partial)
Loudoun County
Louisa County
Northampton County
Orange County
Prince Edward County (partial)
Prince George County
Richmond County (partial)
Rockbridge County
Rockingham County
Scott County
Sussex County
Wise County
Towns (12 out of 98)
Boykins
Broadway
Chincoteague (partial)
Craigsville
Culpepper
Towns (continued}
Dayton
Halifax
Independence
Lebanon
McKenney
Middleton (partial)
Purcellville
Cities (10 out of 38)
Alexandria (partial)
Buena Vista (partial)
Chesapeake
Falls Church (partial)
Lynchburg
Norfolk
Portsmouth
Virginia Beach
Waynesboro
Winchester
School Divisions (8 out of 145}
Albemarle County
Bristol City
Charlottesville Albemarle Technical Education Center
Falls Church City (partial)
Hampton City
Newport News
Rockingham County
Tazewell County
Authorities and Commissions (40 out of 180}
List available if needed
ACTION NO.
ITEM NO. N -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROrANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: May 10, 2011
AGENDA ITEM: Work Session on Roanoke County's Development
Standards, which exceed the State's minimum requirements
SUBMITTED BY: Tarek Moneir
Deputy Director of Development Services
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The staff will provide the Board with an overview of the current development standards
that guide the development in Roanoke County. The work session will include brief
history of events that created the need for such standards. Staff will identify certain
requirements that are above the minimum state standard requirements.
ACTION NO.
ITEM NO. N -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA rrEM:
SUBMITTED BY:
APPROVED BY:
May 1 0, 2011
Work Session to discuss adopting Part III of the Virginia
Uniform Statewide Building Code — Virginia Maintenance
Code
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodman III
County Administrator
COUNTY ADMINIS'TRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The staff will provide the Board with an overview and purpose of the Virginia
Maintenance Code as outlined in the Virginia Uniform State Wide Building Code
(USBC). The work session will include a brief discussion of the advantages and
disadvantages of the adopting such code in Roanoke County. Staff will identify
requirements of applications, enforcement, staffing, cost associated with training and
certification required in order to enforce such code.
The Virginia Uniform Statewide Building Code (USBC) is a state regulation promulgated
by the Virginia Board of Housing and Community Development, a Governor - appointed
board, for the purpose of establishing minimum regulations to govern the construction
and maintenance of buildings and structures.
The provisions of the USBC are based on nationally recognized model building and fire
codes published by the International Code Council, Inc. The model codes are made part
of the USBC through a regulatory process known as incorporation by reference. The
USBC also contains administrative provisions governing the use of - the model codes
and establishing requirements for the enforcement of the code by the local building
Page 1 of 2
departments and other code enforcement agencies.
The USBC is divided into three stand -alone parts. Part I -- Virginia Construction Code:
contains regulations specific to the construction of new buildings and structures and
alterations, additions and change of occupancy in existing buildings and structures. Part
II — Virginia Construction Code: contains optional regulations specific to the
rehabilitation of existing buildings that may be used as an acceptable alternative to the
Virginia Construction Code. Part III — Virginia Maintenance Code: contains the
regulations for the maintenance of existing structures which is enforced at the option of
the local governments.
Page 2 of 2
1�
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER OIV TUESDAY, MAY 10 2011
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2 -3712 of the code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke county, Virginia.
ACTION NO.
ITEM NO. Q -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: May 10, 2011
AGENDA ITEM: Request to rescind the authorization to pick -up the employee's
contribution to the Virginia Retirement System (VRS) for Plan 2
employees
SUBMITTED BY: Diane Hyatt
Assistant County Administrator
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINIs'rRATOR'S COMMENTS:
Recommend that the Board of Supervisors (BoS) consider enacting the proposed
resolution by which the County of Roanoke would require Plan 2 employees to pay the five
(5 %) of the VRS member contribution effective July 1, 2011.
Originally, last year this action was not recommended and the BoS authorized the County
to continue to pay the five percent (5 %) member contribution for Plan 2 employees. Since
that time, much has occurred in regards to ongoing issues with VRS and member
contributions.
The savings associated with Plan 2 members paying their employee contributions as noted
in staff reports are significant to the County General Fund and cannot be ignored.
SUMMARY OF INFORMATION:
In an effort to limit the increasing cost of VRS retirement contributions, the 2010 General
Assembly made major changes to the retirement benefits for employees hired after July 1,
2010. These employees participate in VRS Plan 2. The General Assembly gave VRS
employers the following options:
1. Your employees can pay the five percent (5 %) member contribution
2. You can pick Lip between one and five percent (1 and 5 %) of the member
contribution with the balance paid by the employee.
Effective July 1, 2010, the County of Roanoke made the election to pick up the five percent
Page 1 of 2
(5 %) member contribution. This election remains in effect until the County submits another
resolution. Any change becomes effective the beginning of the next fiscal year, and will
affect all Plan 2 members hired since July 1 2010.
At a work session earlier today, 'the Board discussed the issues related to rescinding this
previous action and passing along the five percent (5 %) member contribution to the Plan 2
employees effective July 1, 2011. This change would impact forty (40) employees that
were hired since July 1, 2010, but the majority of the impact would be on future hires.
Within approximately twenty (20) years, all County employees will be Plan 2 employees
and the savings will be tremendous.
FISCAL IMPACT:
The savings to the County from passing along the five percent (5 %) employee contribution
to the Plan 2 employees is estimated to be $148,859 for 2011 -2012. The cost to hold -
harmless the current Plan 2 employees for one year is $53,382. This additional cost can
be absorbed within the - first year savings.
STAFF RECOMMENDATION:
Staff recommends the following:
1. Adopt the attached resolution to pass along the five percent (5 %) employee
contribution to the Plan 2 employees, beginning July 1, 2011.
2. Approve a salary supplement for the Plan 2 participants that were hired between
July 1, 2010 and May 10, 2011, payable in two installments in the 2011 -2012 fiscal
year (in July 2011 and January 2012) so that they are held - harmless for this change
for one year. Language will be added to the second reading of the 2011 -2012
Budget ordinance to approve this salary supplement.
3. Any new hires after May 10, 2011, are hired with the knowledge that they will pay
their own employee contribution for VRS effective July 1, 2011, and they will not
receive a supplement.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 10, 2011
RESOLUTION RESCINDING RESOLUTION 062210 -1 AND REQUIRING
PLAN 2 EMPLOYEES TO PAY THE EMPLOYEE'S CONTRIBUTION TO
VIRGINIA RETIREMENT SYSTEM UNDER § 414(h) OF THE INTERNAL
REVENUE CODE
WHEREAS, the Virginia General Assembly, in its 201 session passed
legislation creating a separate retirement plan for employees hired on or after July 1,
2010, (hereafter referred to as "Plan 2 Employees "). The legislation stipulates that Plan
2 Employees will pay their five percent (5 %) member contribution and that, absent other
action by the employer, such contribution will be paid through salary reduction
according to Internal Revenue Code § 414 (h) on a pre -tax basis; and
WHEREAS, the legislation allowed certain employers, including the County of
Roanoke, Virginia, to pay all or a portion of the member contributions on behalf of its
Plan 2 Employees as an additional benefit not paid as salary; and
WHEREAS, on June 22, 2010, the Board of Supervisors of Roanoke County
adopted Resolution 06221 which elected to pay all of Roanoke County Plan 2
employees member contributions; and
WHEREAS, the election to pay all or a portion of the member contributions on
behalf of its Plan 2 Employees as an additional benefit not paid as salary shall remain in
effect for the fiscal year July 1, 2010 to June 30, 2010; and
WHEREAS, employee contributions that are picked -up as an additional benefit
not paid as salary are not considered wages for purposes of VA Code § 51.1 -700 et
seq. nor shall they be considered salary for purposes of VA Code § 51.1 -100 et seq.;
�:J
Page 1 of 2
WHEREAS, the County of Roanoke, Virginia now desires to rescind its June 22,
2010, election to pay its Plan 2 Employees' member contributions to VRS and to require
said Plan 2 employees to pay the five percent (5 %) member contribution beginning July
1, 2011.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of
Roanoke County as follows:
1. That Resolution 062210 -1 is hereby rescinded.
2. That effective the first day of July, 2011, - the County of Roanoke, Virginia
shall require its Plan 2 Employees to pay the five percent (5 %) member contribution for
the Virginia Retirement System under Section 414(h) of the Internal Revenue Code.
Page 2 of 2
ACTION NO.
ITEM NO. R -1 %U)'
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:
May 10, 2011
Ordinance reapportioning the representation in the Board of
Supervisors of Roanoke County, Virginia, by altering the
boundaries of the election districts, by establishing voting
precincts therefor, incorporating a map showing the
boundaries of said districts and precincts and providing for an
effective date of this ordinance
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This is the second reading of an ordinance redistricting Roanoke Coi .,inty after the 2010
census. The Board has held work sessions on redistricting the County on March 8, March
29 and April 12, 2011. The first reading of this ordinance was held on April 28, 2011.The
Board has decided to implement a "no change" option except for a minor adjustment
between the Cave Spring and Vinton election districts. This adjustment between the
election districts also requires a modification to the clearbrook and Mount Pleasant
precinct boundary. This minor adjustment splits a census block and affects an estimated
47 citizens.
This draft ordinance revises the ordinance adopted by the Board a decade ago. It corrects
several minor inaccuracies and inconsistencies. It also adjusts the precinct boundary
between the Hidden Valley and Penn Forest precincts to accommodate the proposed
redistricting legislation for the House of Delegates. Although this legislation is not final it
appears that this change will be adopted.
This ordinance also changes the boundary between the Lindenwood and North Vinton
precincts. It returns this boundary to the Town of Vinton corporate line. General Assembly
action ten years ago moved a portion of the old Lindenwood precinct into a House of
Delegates district. This action split the County's old precinct. It appears that the current
Page 1 of 2
General Assembly action will reestablish the old precinct line. This action moves 287
people from the North Vinton precinct to the Lindenwood precinct.
The proposed Senate plan would split the Northside precinct, moving this boundary from
Woodhaven Road to Interstate 581. It is questionable whether or not this Senate plan will
be adopted, therefore, this ordinance does not include any amendment to reflect this
proposal.
This ordinance also changes the polling place for the Castle Rock precinct from Cave
Spring Junior High School to Cave Spring Baptist Church due to the planned renovations
of this school beginning this summer.
The total percentage deviation for this draft ordinance remains at nine point four one
percent (9.41 %).
The second reading and public hearing on this redistricting ordinance is scheduled for May
10, 2011, at 7 p.m.
STAFF RECOMMENDATION:
This ordinance is submitted to the Board of Supervisors for its adoption.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MAY 10 2011
ORDINANCE REAPPORTIONING THE REPRESENTATION IN THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, BY
ALTERING THE BOUNDARIES OF THE ELECTION DISTRICTS, BY
ESTABLISHING VOTING PRECINCTS THEREFOR, INCORPORATING
A MAP SHOWING THE BOUNDARIES OF SAID DISTRICTS AND
PRECINCTS, AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE
WHEREAS, on May 10, 2011, the Board of Supervisors of Roanoke County held
a public hearing to receive comments on developing guidelines for the redistricting of
Roanoke County in accordance with the decennial census; and
WHEREAS, on March 8, 2011, the Board of Supervisors of Roanoke County
adopted Guidelines for the 2011 Redistricting of Roanoke County; and
WHEREAS, on March 8, 2011, March 29, 2011 and April 12, 2011, the Board of
Supervisors held work sessions on various redistricting options; and
WHEREAS, legal notice of a public hearing concerning the adoption of an
ordinance establishing magisterial districts for the County of Roanoke was provided as
required by law; and
WHEREAS, the first reading on this ordinance was held April 26, 2011; and the
second reading and public hearing was held on May 10, 2011; and
NOW, THEREFORE, BE IT ORDAINED by the Board of SUPERVISORS of
Roanoke County, as follows:
1. That there shall be established in Roanoke County five magisterial or
election districts to be known and designated as follows:
Catawba Magisterial District
Page 1 of 24
Hollins Magisterial District
Vinton Magisterial District
Cave Spring Magisterial District
Windsor Hills Magisterial District
from each of which there shall be elected one member of the Board of Supervisors of
Roanoke County; and
2. That the outside boundaries of the five magisterial districts shall be as
follows:
Catawba Magisterial District
Beginning at the common corner between Roanoke /Craig /Montgomery counties; thence
with the line between Roanoke /Craig counties along the crest of North and Brush
Mountains in a northeasterly direction to the common corner in the line between
Roanoke /Craig /Botetourt counties; thence with the line between Roanoke /Botetourt
counties in a southeasterly direction to Interstate 81; thence with Interstate 81 in a
westerly direction to its intersection with Interstate 581; thence in a southerly direction
with Interstate 581 to its intersection with Woodhaven Road (Route 628); thence in a
southeasterly direction with Woodhaven Road (Route 628) to its intersection with Peters
Creek Road (Route 117), said point being on the northerly corporate boundary of the
City of Roanoke and the northerly right -of -way of Peters Creek Road (Route 117);
thence in the southwesterly direction of Peters Creek Road (Route 117) and with the
City of Roanoke corporate line to its intersection with Cove Road (Route 116); thence
with Cove Road (Route 116) and with the City of Roanoke corporate line in a westerly
and southwesterly direction to its intersection with the east corporate line of the City of
Salem; thence with the east corporate line of the City of Salem in a northwesterly
direction to Electric Road (Route 419); thence with the east corporate line of the City of
Salem and Electric Road (Route 419) to Interstate 81 and the north corporate line of the
City of Salem; thence with the north corporate line of the City of Salem and Interstate 81
Page 2 of 24
in a southwesterly direction into the west corporate line of the City of Salem; thence with
the corporate line of the City of Salem in a southerly direction to a point of intersection
with Twelve O'Clock Knob Road (Route 694); thence in a southerly direction with
Twelve O'Clock Knob Road (Route 694) to a point where it intersects with a gas
transmission line at the crest of Twelve O'Clock Knob (elevation 2683); thence with the
crest of Twelve O'Clock Knob and with the crest of Poor Mountain, the dividing line
between the Catawba and the Windsor Hills Magisterial Districts, in a westerly and
southwesterly direction to its intersection with Poor Mountain Road (Route 612); thence
following the ridge line of Poor Mountain in generally southwesterly direction to a point
of intersection with Honeysuckle Road (Route 916) at the Roanoke /Montgomery County
line; thence with the Roanoke /Montgomery County line in a northerly direction to the
place of beginning.
Windsor Hills Magisterial District
Beginning at a point on the east side of Electric Road (Route 419) and the north side of
Keagy Road (Route 685) a common corner on the City of Salem /City of
Roanoke /Roanoke County boundary; thence with the west corporate line of the City of
Roanoke and the east side of Electric Road (Route 419) in a south-so uth easterly
direction to the intersection of Glen Heather Road (Route 713); thence with the west
corporate line of the City of Roanoke and the south side of Glen Heather Road (Route
713) in an easterly direction to the intersection with Grandin Road Extension; thence
with the west corporate line of the City of Roanoke and the south side of Grandin Road
Extension in an easterly direction to the west outside boundary of Taryn Hill Subdivision;
thence with the west corporate line of the City of Roanoke to Garst Mill Road (Route
682); thence with the west corporate line of the City of Roanoke and the south side of
Garst Mill Road (Route 682) in an east - northeasterly direction to the intersection of
Grandin Road Extension; thence with the west corporate line of the City of Roanoke and
the south side of Grandin Road Extension in an easterly direction to the center of
Mudlick Creek; thence with the west corporate line of the City of Roanoke to Brambleton
Page 3of24
Avenue (Route 221); thence leaving the corporate line of the City of Roanoke and with
Brambleton Avenue (Route 221) in a southwesterly direction to Poage Valley Road
Extension (Route 690); thence southerly with Poage Valley Road Extension (Route 690)
to Dawnwood Road (Route 691); thence with Dawnwood Road (Route 691) in a
southerly direction to the Roanoke /Franklin county line; thence with the
Roanoke /Franklin county line as it meanders in a southwesterly direction along the crest
of Blue Ridge Mountains to its intersection with the Roanoke /Floyd county line; thence
with the Roanoke /Floyd county line westerly to its intersection with the common corner
of the Roanoke /Montgomery/Floyd county line; thence with the Roanoke /Montgomery
county line in a northerly direction to the crest of Poor Mountain at its intersection with
Honeysuckle Road (Route 916); thence along the crest of Poor Mountain in a generally
northeasterly direction thence continuing along the crest of Poor Mountain and Twelve
O'Clock Knob to a point where a gas transmission line crosses the crest of Twelve
O'Clock Knob (elevation 2683) at Twelve O'Clock Knob Road (Route 695); thence with
Twelve O'Clock Knob Road (Route 694) in a northerly direction to its intersection with
the corporate line of the City of Salem; thence with the corporate line of the City of
Salem in an easterly and northerly direction to Keagy Road (Route 685); thence in a
northerly and easterly direction with Keagy Road (Route 685) to its intersection with
Electric Road (Route 419) to place of beginning.
Cave Spring Magisterial District
Beginning at a point where Yellow Mountain Road (Route 668) crosses the Blue Ridge
Parkway; thence in a southerly direction until Yellow Mountain Road (Route 668)
intersects Mayland Road (Route 667); thence in a southeasterly direction with Mayland
Road (Route 667) to its intersection with Bandy Road (Route 666); thence in a
northerly� direction with Bandy Road (Route 666) to its intersection with er
( G - oE l A r m Ref%: 165-4,71) Old Virginia Springs Road (Route 667); thence in a-P
southeasterly direction with Old Virginia Springs Road (Route 667).,,
extended to the Roanoke /Franklin county line; thence with the Roanoke /Franklin county
Page 4 of 24
line in a southwest to northwest direction as it meanders along the crest of the Blue
Ridge Mountains to a point where Dawnwood Road (Route 691) crosses said
Roanoke /Franklin county line; thence in a northerly direction with the Dawnwood Road
(Route 691) to its point of intersection with Poage Valley Road Extension (Route 690);
thence with Poage Valley Road Extension (Route 690) in a northerly direction to its
intersection with Bent Mountain Road (Route 221); thence in a northeasterly direction
with Bent Mountain Road (Route 221) to a point where said route enters the City of
Roanoke; thence with the corporate line of the City of Roanoke in a southeasterly and
easterly direction until it intersects with the western side of Yellow Mountain Road
(Route 668) at the place of beginning.
Hollins Magisterial District
Beginning at a point of intersection of Interstate 81 and the Roanoke /Botetourt county
line; thence with Interstate 81 in a westerly direction to its intersection with Interstate
581; thence in a southerly direction with Interstate 581 to Woodhaven Road (Route 628);
thence in a southerly direction with Woodhaven Road (Route 628) to its intersection
with Peters Creek Road (Route 117) and the corporate line of the City of Roanoke;
thence in an easterly and southerly direction with the corporate line of the City of
Roanoke to a point of intersection with Challenger Avenue (Route 460); thence in a
northeasterly direction with Challenger Avenue (Route 460) to its intersection with the
Roanoke /Botetourt county line; thence in a northerly and westerly direction with the
Roanoke /Botetourt county line to the place of beginning.
Vinton Magisterial District
Beginning at a common point between Botetourt and Roanoke counties and Challenger
Avenue (Route 460); thence in a southwesterly direction to the City of Roanoke
corporate line; thence in a southeasterly direction along the said City of Roanoke's
corporate line to the northern -most corner of the corporate line of the Town of Vinton;
thence following the courses of the corporate line between the Town of Vinton and the
City of Roanoke in a westerly and southerly direction to a point at the corner of the
Page 5of24
Town of Vinton corporate line at the Roanoke River and on the City of Roanoke
corporate line; thence continuing with the City of Roanoke corporate line in a south and
southwesterly direction until the said City of Roanoke corporate line intersects Yellow
Mountain Road (Route 668); thence continuing with Yellow Mountain Road (Route 668)
in a southerly direction until its intersection with Mayland Road (Route 667); thence in a
southeasterly direction with Mayland Road (Route 667) until its intersection with Bandy
Road (Route 666); thence in a ,' northerly direction with Bandy Road (Route
666) to its intersection with Old Virginia Springs Road (Route 667); thence
in a southeasterly direction with Old Virginia Springs Road (Route 667)
extended to the Roanoke /Franklin county line; thence following the Roanoke /Franklin
county line as it meanders in a northeasterly and northerly direction to the
Roanoke /Bedford county line to the place of beginning.
3. That the outside boundaries of the thirty -two voting precincts shall be as
follows:
BENNETT SPRINGS PRECINCT - 107
Beginning at a point on the Roanoke /Montgomery county line at the top of Catawba
Mountain; thence with the crest of Catawba Mountain in an easterly direction to the top
of McAfee Knob; thence with the crest of Tinker Mountain in an easterly direction to the
Roanoke /Botetourt county line; thence with the Roanoke /Botetourt county line in a
southeasterly direction to Interstate 81; thence west with Interstate 81 to its intersection
with Interstate 581, thence north with Interstate 581 to its intersection with Loch Haven
Lake Drive; thence north with Loch Haven Lake Drive to Timberview Road (Route 1404);
thence in a westerly direction with Timberview Road (Route 1404) to the Western
Virginia Water Authorit (Carvins Cove Reservoir)
west property line; thence north with the Western Virginia Water Authority Qt ef
Qn::znnko lnk:a+or Hong n ,(Carvins Cove Reservoir) west property line to the
topographic crest of Brushy Mountain; thence with the crest of Brushy Mountain in a
southwesterly direction crossing Mason Creek to the intersection of Catawba Valley
Page 6of24
Drive (Route 311) at its intersection with Dutch Oven Road (Route 863); thence north
with Route 311 to Plunkett Road (Route 874); thence west with Plunkett Road (Route
874), to a point where Mason Creek crosses under Plunkett Road (Route 874); thence
in anorth- northwesterly direction with Mason Creek to its intersection with Old Catawba
Road (Route 864); thence south with Old Catawba Road (Route 864) to its intersection
with Bradshaw Road (Route 622); thence with Bradshaw Road (Route 622) in a
westerly direction to the Roanoke/ Montgomery county line; thence with the
Roanoke /Montgomery county line in a northwesterly direction to the place of beginning.
Catawba Magisterial District
Mason Cove Fire Station - Voting Place
BENT MOUNTAIN PRECINCT - 301
Beginning on the Roanoke /Montgomery county line at the top of Poor Mountain at the
intersection of Honeysuckle Road (Route 916); thence following the ridge line of Poor
Mountain in a generally northeasterly direction to its intersection with Poor Mountain
Road (Route 612); thence continuing in a generally southwesterly direction with Poor
Mountain Road (Route 612), down the slope of Poor Mountain to an elevation of 2800
feet; thence following the 2800 feet contour elevation of Poor and Bent Mountains in a
generally southern direction to the contours point of intersection with the AEP Company
high tension Roanoke - Claytor transmission line; thence easterly with the AEP Company
high tension Roanoke - Claytor transmission line down the slope of Bent Mountain to the
topographic elevation 2000 feet at a branch of Back Creek; thence with the topographic
elevation 2000 feet in a southeasterly direction with the base of Bent Mountain to
Dividing Spring Branch; thence southerly with Dividing Spring Branch as it meanders to
the Roanoke /Franklin county line at Slings Gap; thence with the Roanoke /Franklin
county line in a westerly - southwesterly direction to the Roanoke /Floyd county line;
thence with the Roanoke /Floyd county line westerly to the Roanoke /Floyd /Montgomery
county line; thence with the Roanoke /Montgomery county line in a northerly direction to
the place of beginning.
Windsor Hills Magisterial District
Page 7of24
Bent Mountain Fire Station - Voting Place
BONSACK PRECINCT — 402
Beginning at a point on the intersection of the Blue Ridge Parkway and the
Roanoke /Botetourt county line; thence in a southwesterly direction with the Blue Ridge
Parkway to the topographic crest of Stewart's Knob; thence with the topographic crest
of Stewart's Knob in a westerly direction to a point on the east corporate line of the City
of Roanoke; thence with the east corporate line of the City of Roanoke in a
north - northwesterly direction to its intersection with Challenger Avenue (Route 460);
thence in a northeasterly direction to the Roanoke /Botetourt county line; thence with the
Roanoke /Botetourt county line to the place of beginning.
Vinton Magisterial District
Bonsack United Methodist Church — Voting Place
BOTETOURT SPRINGS PRECINCT - 204
Beginning at the intersection of Interstate 81 and Deer Branch Creek; thence south with
Deer Branch Creek to Peters Creek Road (Route 117); thence with Peters Creek Road
(Route 117) in a westerly direction to its intersection with Wood Haven Road (Route
628); thence with Wood Haven Road (Route 628) west to its intersection with Interstate
581; thence north with Interstate 581 to Interstate 81; thence east with Interstate 81 to
the place of beginning.
Hollins Magisterial District
Life Church - Voting Place
BURLINGTON PRECINCT- 202
Beginning at a point at the intersection of Williamson Road (Route 11) and Peters Creek
Road (Route 117); thence west with Peters Creek Road (Route 117) to its intersection
with Wood Haven Road (Route 628) and the north corporate limit of the City of Roanoke;
thence with the north corporate limit of the City of Roanoke in an east /southeasterly
direction to Florist Road (Route 623); thence with Florist Road (Route 623) leaving the
Page 8 of 24
north corporate limit of the City of Roanoke in a northerly direction to Williamson Road
(Route 11); thence north with Williamson Road (Route 11) to the place of beginning.
Hollins Magisterial District
Burlington Elementary School - Voting Place
CASTLE ROCK PRECINCT -305
Beginning at a point at the intersection of Electric Road (Route 419) and Brambleton
Avenue (Route 221); thence southwesterly with Brambleton Avenue (Route 221) to its
intersection with Ran Lynn Drive (Route 745); thence in a northwesterly direction with
Ran Lynn Drive (Route 745) to its intersection with South Roselawn Road (State Route
690); thence with South Roselawn Road (Route 690) in a northeasterly direction to its
intersection with Roselawn Road (Route 689); thence in a northerly direction with
Roselawn Road (Route 689) to the crossing location of the AEP Company high tension
Glen Lynn - Hancock Electric Transmission line; thence with Appalachian Power
Company high tension Glen Lyn - Hancock Electric Transmission line in a northeasterly
direction to its intersection with Brahma Road (Route 1687); thence northwest with
Brahma Road (Route 1687) to Longhorn Road (Route 1688); thence north with
Longhorn Road (Route 1688) to Castle Rock Road (Route 702); thence in a westerly
direction with Castle Rock Road (Route 702) to Stoneybrook Drive (Route 1316);
thence north /northeasterly with Stoneybrook Drive (Route 1316) to Electric Road (Route
419); thence in a southeasterly /easterly direction with Electric Road (Route 419) to its
intersection with Brambleton Avenue (Route 221) being the place of beginning.
Windsor Hills Magisterial District
Cave Spring Baptist Church - Voting Place
CATAWBA PRECINCT - 101
Beginning at the common corner between Roanoke /Craig /Montgomery counties; thence
with the line between Roanoke /Craig counties along the crest of North and Brush
Mountains in a northeasterly direction to the common corner in the line between
Roanoke /Craig /Botetourt counties; thence with the line between Roanoke /Botetourt
Page 9of24
counties in a southeasterly direction to the crest of Tinker Mountain; thence with the
crest of Tinker Mountain in a westerly direction to the top of McAfee Knob on Catawba
Mountain; thence continuing in a westerly direction with the crest of Catawba Mountain
to the Roanoke /Montgomery county line; thence with the Roanoke /Montgomery county
line in a northerly direction to the place of beginning.
Catawba Magisterial District
Catawba Recreation Center - Voting Place
CAVE SPRING PRECINCT - 503
Beginning at a point at the intersection of Brambleton Avenue (Route 221) and Colonial
Avenue (Route 720); thence east with Colonial Avenue (Route 720) to Penn Forest
Boulevard (Route 687); thence continuing east with Penn Forest Boulevard (Route 687)
to Chaparral Drive (Route 800); thence southwest with Chaparral Drive (Route 800) to
Merriman Road (Route 613); thence with Merriman Road (Route 613) southeasterly to
Cartwright Drive (Route 1726); thence with Cartwright Drive (Route 1726) in a
southwesterly direction to Crystal Creek Drive (Route 897); thence with Crystal Creek
Drive (Route 897) in a westerly direction to Brambleton Avenue (Route 221); thence
with Brambleton Avenue (Route 221) in a northerly direction to the place of beginning.
Cave Spring Magisterial District
Church of the Holy Spirit - Voting Place
CLEARBROOK PRECINCT - 505
Beginning at a point in the City of Roanoke corporate line where Franklin Road (Route
220) south exits the City; thence with the southerly corporate boundary of the City of
Roanoke in the northeasterly direction to a point where it intersects Yellow Mountain
Road (Route 668); thence in a southerly direction until Yellow Mountain Road (Route
668) intersects Mayland Road (Route 667); thence in a southeasterly direction with
Mayland Road (Route 667) until it intersects with Bandy Road (Route 666); tai- e-r� ^° �^
RnE3rl �Rni At° G;W7 h ° M are °:3Wt °rl'i rlir °^ n With 12MIA1 (1 ::lrZ to th°
«�
Page 10 of 24
c^, ';n° thence in a northeasterly direction with Bandy Road
( y Route 666) to its intersection with Old Virginia Springs Road
(Route 667), thence southeasterl with Old Virginia Springs Road (Route 667) extended
to the Franklin County line at the crest of the B lue Ridge Mountains; thence with the
Roanoke /Franklin county line in a southwesterly to northwesterly direction as it
meanders along the crest of the Blue Ridge Mountains to Merriman Road (Route 613);
thence northerly along Merriman Road (Route 613) until it intersects the Blue Ridge
Parkway; thence in a southeasterly and northeasterly direction with the Blue Ridge
Parkway until it intersects Franklin Road (Route 220); thence northerly with Franklin
Road (Route 220) to the place of beginning.
Cave Spring Magisterial District
Clearbrook Elementary School - Voting Place
COTTON HILL PRECINCT - 501
Beginning at Brambleton Avenue (Route 221) at its intersection with Crystal Creek Drive
(Route 897); thence with Brambleton Avenue (Route 221) in a southeasterly direction to
Poage Valley Road Extension (Route 690); thence south with Poage Valley Road
Extension (Route 690) to Dawnwood Road (Route 691); thence in a southerly direction
with Dawnwood Road (Route 691), if extended would intersect to the Roanoke /Franklin
county line; thence in an easterly direction with the crest of the Blue Ridge Mountains
and the Roanoke /Franklin county line to Merriman Road (Route 613); thence in a
northerly direction with Merriman Road (Route 613) through Starkey to Crystal Creek
Drive (Route 897); thence with Crystal Creek Drive (Route 897) in a westerly direction
to the point of beginning.
Cave Spring Magisterial District
Penn Forest Elementary School - Voting Place
GARST MILL PRECINCT - 306
Beginning at a point on Electric Road (Route 419) where the west fork of Mud Lick
Page 11 of 24
Creek crosses Electric Road (Route 419); thence with the west fork of Mud Lick Creek
as it meanders in a northeasterly direction to the southerly corporate line of the City of
Roanoke; thence with the corporate line of the City of Roanoke in a northeasterly and
southeasterly direction to a point where it crosses Brambleton Avenue (Route 221);
thence with Brambleton Avenue (Route 221) in a southwesterly direction to its
intersection with Electric Road (Route 419); thence with Electric Road (Route 419) in a
northwesterly direction to the place of beginning.
Windsor Hills Magisterial District
419 Library -Voting Place
GLENVAR PRECINCT - 103
Beginning at a point on the Roanoke /Montgomery county line where Interstate 81
intersects that line; thence with the said Interstate 81 in a northeasterly direction to its
intersection with the western most corner of the City of Salem corporate line; thence in a
generally northeasterly direction with the said City of Salem corporate line to a point
where Butt Hollow Creek intersects said City of Salem corporate line; thence in a
northerly direction with Butt Hollow Creek to its intersection with Texas Hollow Road
(Route 641); thence in a northerly and easterly direction with Texas Hollow Road (Route
641) to its intersection with Paint Bank Road (Route 913); thence in a northwesterly
direction with Paint Bank Road (Route 913) to its intersection with the AEP power line;
thence following the AEP power line in an easterly direction to its intersection with
Catawba Valley Drive (Route 311); thence in a northerly direction with Catawba Valley
Drive (Route 311) to its intersection with the topographic crest of Fort Lewis Mountain;
thence west with the topographic crest of Fort Lewis Mountain to its intersection with
Forest Acre Trail (Route 700); thence with Forest Acre Trail (Route 700) back to the
topographic crest of Fort Lewis Mountain; thence with the topographic crest of Fort
Lewis Mountain to its intersection with the Roanoke /Montgomery county line; thence
with the Roanoke /Montgomery county line to the point of beginning.
Catawba Magisterial District
Glenvar Middle School — Voting Place
Page 12 of 24
GREEN HILL PRECINCT - 106
Beginning at a point on Interstate 81 at its intersection with the City of Salem corporate
limits; thence with the west corporate line of the City of Salem in a southerly direction
and with the south corporate line of the City of Salem in an easterly and southerly
direction to its intersection with Twelve O'Clock Knob Road (Route 694); thence with
Twelve O'Clock Knob Road (Route 694) in a southerly direction to a point where it
intersects with a gas transmission line at the crest of Twelve O'Clock Knob; thence with
the crest of Twelve O'Clock Knob and with the crest of Poor Mountain, the dividing line
between Catawba and the Windsor Hills Magisterial District, in a westerly and
southwesterly direction to the intersection of Poor Mountain Road (Route 612); thence
following the crest of Poor Mountain in a generally southwesterly direction to its
intersection with Honeysuckle Road (Route 916) on the Roanoke /Montgomery county
line; thence with the Roanoke /Montgomery county line in a northerly direction to
Interstate 81; thence in a northeasterly direction with Interstate 81 to the point of
beginning.
Catawba Magisterial District
Fort Lewis Baptist Church - Voting Place
HOLLINS PRECINCT - 206
Beginning at the intersection of Interstate 81 and the Roanoke /Botetourt county Line;
thence with Interstate 81 in a westerly direction to Deer Branch Creek; thence south
with Deer Branch Creek as it meanders to Peters Creek Road (Route 117); thence
easterly with Peters Creek Road (Route 117) to its intersection with Williamson Road
(Route 11); thence in a southeasterly direction with Williamson Road (Route 11) to its
intersection with Clubhouse Drive (Route 1821); thence in a southeasterly direction with
Clubhouse Drive (Route 1821) extended until it intersects the east fork of Carvins Creek;
thence northeasterly with Carvins Creek as it meanders until it intersects Plantation
Road (Route 115); thence in a northwesterly direction with Plantation Road (Route 115)
until it intersects Williamson Road (Route 11); thence with Williamson Road (Route 11)
Page 13 of 24
in a easterly direction until it intersects the Roanoke /Botetourt county line; thence with
the Roanoke /Botetourt county line in a northwesterly direction to the place of beginning.
Hollins Magisterial District
Hollins Library - Voting Place
HUNTING HILLS PRECINCT - 507
Beginning at a point where Electric Road (Route 419) intersects the corporate line of the
City of Roanoke; thence in a southeasterly direction with the corporate line of the City of
Roanoke and partially with Franklin Road (Route 220) to a point where the said Franklin
Road (Route 220) intersects the Blue Ridge Parkway; thence with the Blue Ridge
Parkway in a southwesterly and then northwesterly direction to its intersection with
Merriman Road (Route 613); thence in a northerly direction with Merriman Road (Route
613) to Starkey Road (Route 904); thence in a northeasterly direction with Starkey Road
(Route 904) to its intersection with the Norfolk
- %..f %. %-4 1 1 % %-W Y I % %.0 %.,% %.A %W Y
Southern railway line; thence ' in a northerly direction with the Norfolk
1 1 %.4 1 1 %-# %A %.# L %-# I I Y Southern railway line to its intersection with Benois Road (Route 633); thence in an
easterly direction with Benois Road (Route 633) to its intersection with Starkey Road
(Route 904); thence in a northerly direction with Starkey Road (Route 904) to its
intersection with Electric Road (Route 419); thence in a northeasterly direction with
Electric Road (Route 419) to the place of beginning.
Cave Spring Magisterial District
Celebration Church of God - Voting Place
LINDENWOOD PRECINCT - 405
Beginning at a point of intersection of the east corporate limit of the City of Roanoke and
the topographic crest of Stewart's Knob; thence in a northeasterly direction with the
topographic crest of Stewart's Knob to the Blue Ridge Parkway; thence in a
northeasterly direction with the Blue Ridge Parkway to the Roanoke /Botetourt county
line; thence south with the Roanoke /Botetourt county line to its intersection with the
Roanoke /Botetourt /Bedford county line; thence with the Roanoke /Bedford county line in
Page 14 of 24
a southerly direction to the Roanoke River; thence west with the Roanoke River to Wolf
Creek at the east corporate limit of the Town of Vinton; thence north with Wolf Creek
and the east corporate limit of the Town of Vinton to the City of Roanoke corporate line;
thence in a northerly direction with the City of Roanoke corporate line n on IAIhOr0 I I 4 r %.f
P+VT� nnrr.nr� +o Im M ot o + ho TnWn o Un to the place of beginning.
Vinton Magisterial District
William Byrd High School - Voting Place
MASON VALLEY PRECINCT - 102
Beginning at a point on the Roanoke /Montgomery county line at its intersection with
Bradshaw Road (Route 622); thence in an easterly direction with Bradshaw Road
(Route 622) to its intersection with Old Catawba Road (Route 864); thence north with
Old Catawba Road (Route 864) to its intersection with Mason Creek; thence with Mason
Creek in a southerly direction to its intersection with Plunkett Road (Route 874); thence
in an easterly direction with Plunkett Road (Route 874) to its intersection with Catawba
Valley Road (Route 311); thence in a southerly direction with Catawba Valley Road
(Route 311) to the topographic crest of Fort Lewis Mountain; thence leaving Catawba
Valley Road (Route 311) with the topographic crest of Fort Lewis Mountain to its
intersection with Forest Acre Trail (Route 700); thence in a westerly direction with
Forest Acre Trail (Route 700) back to its intersection with the topographic crest of Fort
Lewis Mountain; thence with topographic crest of Fort Lewis Mountain in a westerly
direction to the Roanoke /Montgomery county line; thence with the
Roanoke /Montgomery county line in a northwesterly direction to the place of beginning.
Catawba Magisterial District
Page 15 of 24
Mason Cove Elementary School - Voting Place
MOUNTAIN VIEW PRECINCT - 203
Beginning at a point on the Roanoke /Botetourt County line at its intersection with
Williamson Road (Route 11); thence in a westerly direction with Williamson Road
(Route 11) to its intersection with Plantation Road (Route 115); thence in a southerly
direction with Plantation Road (Route 115) to a point where it intersects with the north
corporate line of the City of Roanoke; thence northeasterly with the corporate line of the
City of Roanoke as it meanders until it intersects with Read Mountain Road (Route 611);
thence in an easterly direction with Read Mountain Road (Route 611) until it intersects
with the crest of Read Mountain Extended; thence northeasterly with the crest of Read
Mountain until it intersects with the Roanoke /Botetourt county line; thence northwesterly
with the said Roanoke /Botetourt county line to the place of beginning.
Hollins Magisterial District
Mountain View Elementary School - Voting Place
MOUNT PLEASANT PRECINCT - 406
Beginning at the west corporate line of the Town of Vinton and the east corporate line of
the City of Roanoke at the Roanoke River; thence with the Roanoke River in a
southeasterly direction to the Roanoke /Bedford county line; thence in a southerly
direction with the Roanoke /Bedford county line to the Roanoke /Franklin /Bedford county
line; thence in a southerly direction with the Roanoke /Franklin county line along the
crest of the Blue Ridge Mountains to Old Virginia Springs Road extended (Route 667)
N-0 I N-f V V %-# I I CGO %: trz IRX er %: cd Ik %R-F it. %A-4 :L ef IRX e %A, :L ef 2%.# 5.4.7); thence in a northwesterly direction with Q-.
Old Virginia Springs Road extended (Route 667) to its intersection with Bandy
Road (Route 666); thence :L I I in a southwesterly direction with Bandy Road
(Route 666) ' -until it intersects with Mayland Road (Route
667)' nnr�heicc�erl�T�+�� to 4:F7\ i r�il i
thence in a northwesterly direction with Mavland Road (Route 667) until it intersects
Yellow Mountain Road (Route 668); thence in a northerly direction with Yellow Mountain
Page 16 of 24
Road (Route 668) until it intersects with the southern corporate line of the City of
Roanoke; thence with the southern corporate line of the City of Roanoke in a
northeasterly direction to the place of beginning.
Vinton Magisterial District
Mount Pleasant Elementary School - Voting Place
MOUNT VERNON PRECINCT -506
Beginning at a point on Colonial Avenue (Route 720) and the south corporate limit of
the City of Roanoke; thence with Colonial Avenue (Route 720) in a southwesterly
direction to Brambleton Avenue (Route 221); thence in a northeasterly direction with
Brambleton Avenue (Route 221) to the south corporate limit of the City of Roanoke;
thence with the south corporate limit of the City of Roanoke in a southeasterly direction
to the place of beginning.
Cave Spring Magisterial District
Brambleton Center - Voting Place
NORTHSIDE PRECINCT - 104
Beginning at a point at the intersection of Peters Creek Road (Route 117) and Wood
Haven Road (Route 628); thence in a northwesterly direction with Wood Haven Road
(Route 628) to its intersection with Green Ridge Road (Route 629); thence in a
southerly direction with Green Ridge Road (Route 629) to its intersection with Twilight
Road (Route 1577); thence in an easterly direction with Twilight Road (Route 1577) to
its intersection with North Lake Drive (Route 1524); thence in a southeasterly direction
with North Lake Drive (Route 1524) to its intersection with Peters Creek Road (Route
117); thence east with Peters Creek Road (Route 117) to the place of beginning.
Catawba Magisterial District
Northside High School - Voting Place
NORTH VINTON PRECINCT - 403
Beginning at the east corporate line of the City of Roanoke and the west corporate line
Page 17 of 24
of the Town of Vinton at Virginia Avenue; thence with the corporate line of the City of
RoanokeTnWn o V ;n � n_n end o���" clor ont; thence with the
I %.f V northeasterly corporate line of the Town of Vinton to its intersection with Mountain View
Road (Route 651); thence with the c orporate line of the Town of Vinton in a-R southerly
easterly direction un til its intersection s h c, infinUump nro"o (Q ni , I a); Go N.0 I 1_0 I I V %.# k I oast nnr_mnr�to li of tho TnWn o Vo ntnn o n --% r , „ cl;roa-t�tn Washington
Avenue; thence with Washington Avenue in a westerly direction to South Pollard Street;
thence with South Pollard Street in a southwesterly direction to Virginia Avenue at First
Street; thence with Virginia Avenue in a westerly direction to the place of beginning.
Vinton Magisterial District
Vinton Baptist Church Fmro ct�tinn _Voting Place
OAK GROVE PRECINCT - 304
Beginning at a point on the east side of Electric Road (Route 419) and on the north side
of Keagy Road (Highway 685) being a point on the Roanoke County /City of Salem /City
of Roanoke boundary; thence with the west corporate line of the City of Roanoke and
the east side of Electric Road (Route 419) in asouth- southeasterly direction to the
intersection with Stoneybrook Drive (Route 1316); thence in a southwesterly direction
with Stoneybrook Drive (Route 1316) to Castle Rock Road (Route 702); thence in an
easterly direction with Castle Rock Road (Route 702) to Longhorn Road (Route 1688);
thence south with Longhorn Road (Route 1688) to Brahma Road (Route 1689); thence
southeast with Brahma Road (Route 1689) to the crossing of the AEP Company high
tension Glen Lyn - Hancock electric transmission line; thence with the AEP Company
high tension Glen Lyn - Hancock electric transmission line in a southwesterly direction to
Roselawn Road (Route 689); thence northwest with Roselawn Road (Route 689) to
Mount Chestnut Road (Route 692); thence west with Mount Chestnut Road (Route 692)
to the crossing location of a gas pipeline; thence with this gas pipeline in a northerly and
Page 18 of 24
then westerly direction to its intersection with the crest of Twelve O'Clock Knob at
Twelve O'Clock Knob Road (Route 694); thence with Twelve O'Clock Knob Road
(Route 694) in a northerly direction to the corporate line of the City of Salem; thence
with the corporate line of the City of Salem in an easterly direction to the place of
beginning.
Windsor Hills Magisterial District
Oak Grove Elementary School - Voting Place
OGDEN PRECINCT - 504
Beginning at a point on Colonial Avenue (Route 720) and the south corporate limit of
the City of Roanoke; thence with Colonial Avenue (Route 720) in a southwesterly
direction to Penn Forest Boulevard (Route 687); thence east with Penn Forest
Boulevard (Route 687) to Starkey Road (Route 904); thence northeast with Starkey
Road (Route 904) to Electric Road (Route 419); thence northeast with Electric Road
(Route 419) to the south corporate limit of the City of Roanoke; thence north and
westerly with the south corporate limit of the City of Roanoke to the place of beginning.
Cave Spring Magisterial District
Green Valley Elementary School - Voting Place
ORCHARDS PRECINCT - 205
Beginning at a point of intersection of the Roanoke /Botetourt county line and Challenger
Avenue (Route 460); thence in a southwesterly direction with Challenger Avenue (Route
460) to a point on the east corporate line of the City of Roanoke; thence with the east
corporate line of the City of Roanoke in anorth- northwesterly direction to its intersection
with Read Mountain Road (Route 611); thence in a westerly direction with Read
Mountain Road (Route 611) until it intersects with the crest of Read Mountain extended;
thence northeasterly with the crest of Read Mountain until it intersects with the
Roanoke /Botetourt county line; thence southeasterly with the Roanoke /Botetourt county
line to the place of beginning.
Hollins Magisterial District
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Bonsack Baptist Church - Voting Place
PENN FOREST PRECINCT - 502
Beginning at a point at the intersection of Penn Forest Boulevard (Route 687) and
Chaparral Drive (Route 800); thence with Chaparral Drive (Route 800) in a
southwesterly direction to Merriman Road (Route 613); thence southeasterly with
Merriman Road (Route 613) to Cartwright Drive (Route 1726); thence in a southwesterly
direction with Cartwright Drive (Route 1726) to Crystal Creek Drive (Route 897); thence
east with Crystal Creek Drive (Route 897) to Merriman Road (Route 613); thence with
Merriman Road (Route 613) in a southeasterly direction to Starkey Road ,Route 904);
thence in a northeasterly direction with Starkey Road (Route 904) Read 12'ate
c°r.nnd::zry Qn, , to its intersection with the Norfolk Southern railwa, Imo thence
°ac+ aIr' north with R +° c°an n rl�r �, Qn, ,+° 90 ) the Norfolk Southern
railway to its intersection with Benois Road (Route 633); thence in an easterly
direction to Starkey Road (Route 904); thence in a northerly direction with Starkey Road
(Route 904) to Penn Forest Boulevard (Route 687); thence with Penn Forest Boulevard
(Route 687) in a westerly direction to the place of beginning.
Cave Spring Magisterial District
Cave Spring High School - Voting Place
PETERS CREEK PRECINCT - 105
Beginning at the intersection of Wood Haven Road (Route 628) and Interstate 581;
thence north with Interstate 581 crossing Interstate 81 to its intersection with Loch
Haven Lake Drive; thence northerly with Loch Haven Lake Drive to its intersection with
Timberview Road (Route 1404); thence in a westerly direction with Timberview Road
(Route 14041 to the Western Virginia Water Authority G'4+" of Qnannk° 1 n 1 �� Nf I I
n °r=t�- e- pT(Carvins Cove Reservior) west property line; thence north with the Western
Virginia Water Authori ns Cove Reservoir)
west property line to the topographic crest of Brushy Mountain; thence with the
topographic crest of Brushy Mountain in a southwesterly direction crossing Mason
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Creek to the intersection of Catawba Valley Road (Route 311), Dutch Oven Road
(Route 863), and the AEP power line; thence in a westerly direction with the AEP power
line to its intersection with the east fork of Dry Branch; thence with the hollow which is
the east fork of Dry Branch in a southerly direction as it meanders to a point where Dry
Branch divides into an east and west fork at the north corporate line of the City of Salem;
thence with the north corporate line of the City of Salem and in a generally northeasterly
direction to its intersection with Electric Road (Route 419); thence with the east
corporate line of the City of Salem in a south and then northeasterly direction to a point
on the City of Salem, Roanoke County, and City of Roanoke line at Green Ridge Road
(Route 629); thence in a northeasterly direction with Green Ridge Road (Route 629) to
its intersection with Cove Road (Route 780); thence in an easterly direction with Cove
Road (Route 780) to its intersection with Peters Creek Road (Route 117): thence in a
northeasterly direction with Peters Creek Road (Route 117) to its intersection with North
Lake Drive (Route 1524); thence in a northwesterly direction with North Lake Drive
(Route 1524) to its intersection with Twilight Road (Route 1577); thence in a westerly
direction with Twilight Road (Route 1577) to its intersection with Green Ridge Road
(Route 629); thence north with Green Ridge Road (Route 629) to its intersection with
Wood Haven Road (Route 628); thence east with Wood Haven Road (Route 628) to the
place of beginning.
Catawba Magisterial District
Glen Cove Elementary School - Voting Place
PLANTATION PRECINCT - 201
Beginning at a point where Williamson Road (Route 11) intersects Clubhouse Drive
(Route 1821); thence southeasterly with Williamson Road (Route 11) until it intersects
Florist Road (Route 623); thence in a southeasterly direction with Florist Road (Route
623) until it intersects the north corporate line of the City of Roanoke; thence in an
easterly direction with the north corporate line of the City of Roanoke until it intersects
Plantation Road (Route 115); thence in a northwesterly direction with Plantation Road
(Route 115) to a point where the said road intersects the east fork of Carvins Creek;
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thence with the east fork of Carvins Creek in a southwesterly direction as it meanders to
a point opposite the center line extended of Clubhouse Drive (Route 1821); thence
northwesterly with the center line of Clubhouse Drive (Route 1821) to its intersection
with Williamson Road (Route 11) the place of beginning.
Hollins Magisterial District
Roanoke Valley Christian Schools - Voting Place
POAGES MILL PRECINCT - 302
Beginning at the intersection of Brambleton Avenue (Route 221) and Ran Lynn Drive
(Route 745); thence in a northwesterly direction with Ran Lynn Drive (Route 745) to its
intersection with South Roselawn Road (Route 690); thence with South Roselawn Road
(Route 690) in a northeasterly direction to its intersection with Roselawn Road (Route
689); thence in a northwesterly direction with Roselawn Road (Route 689) to Mount
Chestnut Drive (Route 692); thence west with Mount Chestnut Drive (Route 692) to the
crossing location of a gas pipeline; thence with this gas pipeline in a northerly then
westerly direction to its intersection with the crest of Twelve O'Clock Knob; thence with
the topographic crest of Twelve O'Clock Knob and Poor Mountain in a
westerly - southwesterly direction to Poor Mountain Road (Route 612); thence in a
generally southwesterly direction with Poor Mountain Road (Route 612) down the slope
of Poor Mountain to an elevation of 2800 feet; thence following the 2800 -foot contour
elevation of Poor and Bent Mountains in a generally southern direction to the contours
point of intersection with AEP Company high - tension Roanoke- Claytor transmission line;
thence easterly with the AEP Company high tension Roanoke- Claytor transmission line
down the slope of Bent Mountain to the topographic elevation 2,000 feet at a branch of
Back Creek; thence with the topographic elevation 2,000 feet as it traverses in a
southeasterly direction with the base of Bent Mountain to Dividing Spring Branch;
thence southerly with Dividing Spring Branch as it meanders to the Roanoke /Franklin
county line; thence with the Roanoke /Franklin county line easterly to its intersection with
Dawnwood Road (Route 691); thence in a northerly direction with Dawnwood Road
(Route 691) to its intersection with Poage Valley Road Extension (Route 690); thence in
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a northerly direction with Poage Valley Road Extension (Route 690) to the intersection
of Route 221; thence with Route 221 to the place of beginning.
Windsor Hills Magisterial District
Back Creek Elementary School - Voting Place
SOUTH VINTON PRECINCT - 404
Beginning at the east corporate line of the City of Roanoke and the west corporate line
of the Town of Vinton at Virginia Avenue; thence with Virginia Avenue in an easterly
direction to South Pollard Street at First Street; thence with South Pollard Street in a
northerly direction to Washington Avenue; thence with Washington Avenue in an
easterly direction to Wolf Creek being the east corporate line of the Town of Vinton;
thence with Wolf Creek and the east corporate line of the Town of Vinton in a southerly
direction to the Roanoke River; thence in a westerly direction with the Roanoke River
and the south corporate line of the Town of Vinton to Tinker Creek being the east
corporate line of the City of Roanoke and the west corporate line of the Town of Vinton;
thence with Tinker Creek in a northwesterly direction to the place of beginning.
Vinton Magisterial District
Charles R. Hill Senior Center - Voting Place
WILDWOOD PRECINCT — 108
Beginning at a point where Butt Hollow Creek intersects Interstate 81 and the City of
Salem corporate line; thence in a generally northeasterly direction with the said City of
Salem corporate line to a point where Dry Branch forks into an easterly and westerly
fork; thence with the easterly fork of the said Dry Branch as it meanders in generally a
northwesterly direction to where this branch or hollow intersects with the AEP power line;
thence following the AEP power line in a westerly direction to its intersection with Paint
Bank Road (Route 913); thence in a southeasterly direction with Paint Bank Road
(Route 913) to its intersection with Texas Hollow Road (Route 641); thence in a
westerly and then southerly direction with Texas Hollow Road (Route 641) to its
intersection with Butt Hollow Creek; thence in a southerly direction with said Butt Hollow
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Creek to the place of beginning.
Catawba Magisterial District
Fort Lewis Elementary School — Voting Place
WINDSOR HILLS PRECINCT - 303
Beginning at the City of Roanoke corporate line where Electric Road (Route 419)
intersects Glen Heather Drive (Route 713); thence easterly then southerly with the
corporate line of the City of Roanoke to a point where the said corporate line intersects
Mud Lick Creek; thence with the west fork of Mud Lick Creek as it meanders in a
southwesterly direction to Electric Road (Route 419); thence north with Electric Road
(Route 419); to the place of beginning.
Windsor Hills Magisterial District
Our Lady of Nazareth Catholic Church - Voting Place
4. That certified copies of this ordinance shall be mailed by the Clerk to the
local electoral board, the Secretary of the Commonwealth, the State Board of Elections,
and the Division of Legislative Services.
5. That this ordinance shall be effective from and after the date of its
adoption.
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