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HomeMy WebLinkAbout6/28/2011 - Regularz ►o Fir ppa Roanoke County Board of Supervisors Agenda June 28, 2011 Good afternoon and welcome to our meeting for June 28, 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 Ron Young Plantation Road Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of citizens and officers for saving the life of afour- year -old drowning boy (James R. Lavinder, Chief of Police) 2. Recognition of Roanoke County's Public Information Office for receiving a 2011 Silver Anvil Award (Teresa Hamilton Hall, Director of Public Information; Anne Marie Green, Director of General Services) Page 1 of 6 D. BRIEFINGS E. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2010 -2011 and 2011 -2012 budgets in accordance with Section 15.2 -2507, Code of Virginia (W. Brent Robertson, Director of Management and Budget) F. NEW BUSINESS 1. Request to approve a resolution granting a waiver under Section 13 -23 of the Roanoke County Code to the provisions of the County's noise ordinance — Article II. "Noise" of Chapter 13. "Offenses- Miscellaneous" of the Roanoke County Code to Branch Highways, Inc. at the request of Branch Highways, Inc. — Buck Mountain Road Improvement Project, Cave Spring Magisterial District (Arnold Covey, Director of Community Development) 2. Request to accept and appropriate additional State revenues in the amount of $1,025,000 to the Department of Social Services for fiscal year 2010 -2011 budget (W. Brent Robertson, Director of Management and Budget) 3. Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes (B. Clayton Goodman III, County Administrator) 4. Appeal of a denial of a claim by John N. Gibson (3814 Belle Meade Drive, Roanoke, Virginia), Cave Spring Magisterial District (Paul M. Mahoney, County Attorney) G. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1. The petition of Angelo R. Gianni, Jr. to obtain a Special Use Permit in a R -1, Low Density Residential, District for a multiple dog permit for five (5) dogs on 1.02 acres, located at 6539 Fairway View Trail, Windsor Hills Magisterial District Page 2 of 6 H. FIRST READING OF ORDINANCES 1. Ordinance authorizing the lease of space in the South County Library to Johnson & Elick Roasters, Ltd. d /b /a Mill Mountain Coffee and Tea for the operation of a coffee shop (Diane D. Hyatt, Assistant County Administrator) I. SECOND READING OF ORDINANCES 1. 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) J. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Clean Valley Council 4. Parks, Recreation and Advisory Commission K. 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. Minutes — May 24, 2011 2. Resolution to accept Green Ridge Court into the Virginia Department of Transportation (VDOT) Secondary System 3. Confirmation of Appointments to the Parks, Recreation and Advisory Commission; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization 4. Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects Page 3of6 5. Request to accept and appropriate $242,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCA) grant for the fiscal year 2011 -2012 6. Request to appropriate $16,314.68 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 7. Resolution approving the revised Flexible Benefits Plan Document for Roanoke County effective July 1, 2011 8. Resolutions requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 766, Stable Road, Route 674, Clearbrook Lane and Route 675, Clearbrook Village Lane, Cave Spring Magisterial District 9. Request to authorize amendments to the Deferred Compensation Section 457 Plan L. REQUESTS FOR WORK SESSIONS M. REQUESTS FOR PUBLIC HEARINGS N. CITIZENS' COMMENTS AND COMMUNICATIONS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of May 31, 2011 5. Statement of Budgeted and Actual Revenues as of May 31, 2011 6. Statement of Budgeted and Actual Expenditures and Encumbrances as of May 31, 2011 7. Accounts Paid — May 2011 P. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1. Discussion concerning appointments to the Virginia Western Community College Board; Roanoke Valley Sustainability Consortium Steering Committee. Page 4 of 6 EVENING SESSION Q. CERTIFICATION RESOLUTION R. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution approving a proposed amendment to the Roanoke County Comprehensive Plan to incorporate Urban Development Areas (UDAs) (Philip Thompson, Deputy Director of Planning) S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Sandra Finck to obtain a Special Use Permit in an R1 -S, Low Density Residential District, with Special Use Permit, to acquire a multiple dog permit for four (4) dogs on a 2.27 acre parcel located at 2929 Elderwood Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) 2. The petition of National Park Service /Blue Ridge Parkway, to obtain a Special Use Permit in an AG -3, Agricultural /Rural Preserve District, to construct a 120' self - supporting, lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road, Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) 3. The petition of the Roanoke County Board of Supervisors, Town of Vinton and Cardinal Company to amend the protective covenants and Master Plan and to remove proffered conditions on 99 acres zoned PTD, Planned Technology Development, District at the Vinton Business Center, located near the 2100 to 2400 blocks of Hardy Road and the 2100 block of Cardinal Park Drive, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) 4. The petition of Carol and Jason Lachowicz to rezone approximately 5.476 acres from AG -3, Agricultural /Rural Preserve, District, C -2C, General Commercial, District with conditions, and C -1 C, Office, District with conditions to AV, Agricultural /Village Center, District and AG -3, Agricultural /Rural Preserve, District, located at 8346 Bent Mountain Road, 8364 Bent Mountain Road, and 8399 Strawberry Lane, Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) 5. Ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes in the Vinton Magisterial District and appropriating $415,000 from the Major Capital Fund (B. Clayton Goodman III, County Administrator) Page 5 of 6 6. Ordinance authorizing the purchase of approximately 0.761 acres of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes in the Vinton Magisterial District and appropriating $863,300 from the Minor Capital Reserve (B. Clayton Goodman, III, County Administrator) 7. Ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. for one (1) year (plus option to extend for two (2) one -year periods) of commercial property located at 304 Pollard Street, Vinton, Virginia (Paul M. Mahoney, County Attorney) 8. Ordinance authorizing the granting of a fifteen (15) foot utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.10 -02- 19.00) for the purpose of an underground electric power line to Waldrond Park, Hollins Magisterial District (Paul M. Mahoney, County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Joseph B. "Butch" Church V. ADJOURNMENT Page 6of6 ACTION NO. ITEM NO. C -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA June 28, 2011 AGENDA ITEM: Recognition of citizens and officers for saving the life of a four - year -old drowning boy SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: This time has been set aside to recognize the citizens and officers who saved four - year -old Quamir Cooper from drowning after he fell to the bottom of a swimming pool in the Villages at Garst Creek Apartment Complex on the afternoon of June 1, 2011. Nine - year -old Julianna Marquez was swimming in the pool when she noticed Quamir lying motionless on the bottom. She dove in, pulled Quamir to the surface, and began yelling for help. One of the first people to race to assist was thirty - year -old Timothy Tilley who was at the pool with his children. While this was occurring, four Roanoke County police officers were just finishing up on an unrelated call at the complex. Officer Bobby Zizelman was near the pool area, heard the commotion, and used his police radio to call for help. Sgt. Jay Matze and Officers Darin Hogan and Ricky Moore heard the panic in Zizelman's voice as he radioed for an ambulance. When Officer Hogan got to Quamir's side he found that the child was not breathing and did not have a pulse. Sgt. Matze then got to the child and together with Timmy Tilley began CPR. After working on Quamir for at least three minutes, the boy began to gasp but was choking. The officers followed next with the Heimlich maneuver, cleared his mouth, and Q uam i r eventual ly began to breathe. Quam i r was taken to the hospital where he stayed for two days but has since made a full recovery. On June 7, 2011, the four police officers returned to the pool and presented Julianna and Timmy Tilley with tokens of appreciation from the Police Department for their heroic actions that day. The officers also reunited with four - year -old Quamir and his very thankful mother. The following are expected to attend the Board meeting: Julianna Marquez, Timothy Tilley, Quamir and his mother, Sheena Rosser, Sgt. Matze and Officers Zizelman, Hogan, and Moore. ACTION NO. ITEM NO. C -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Recognition of Roanoke County's Public Information office for receiving a 2011 Silver Anvil Award SUBMITTED BY: Teresa Hamilton Hall Public Information Director APPROVED BY: B. Clayton Goodman III County Administrator "?J4K COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County's Public Information Office recently received the prestigious Silver Anvil Award from the Public Relations Society of America (PRSA). The Silver Anvil, which recognizes outstanding achievement in strategic public relations planning and implementation, was presented during the Silver Anvil Awards Ceremony held June 9, 2011, in New York City. The Silver Anvil is a national award and is the highest recognition a communication's professional can receive. The office received the 2011 Silver Anvil Award in the Crisis Communication - Government category for its entry titled "Finding Brittany: How Training and Experience Influenced the Search for an Abducted Child." The entry described the process the Public Information team used to capture and sustain the national media's attention in December 2010 after learning that a murder and child abduction had occurred. Police realized 12- year -old Brittany Smith was missing after her mother was discovered dead inside their home. Authorities feared - that Brittany was abducted after the attack by her mother's boyfriend, Jeff Easley. To find Brittany, Roanoke County Public Information staff, along with Virginia State Police, managed a communications plan that kept the search in the national news. The plan included message development, media relations, news releases, press conferences, and social media. Five days after Brittany was discovered missing a woman who saw the story on CAIN recognized Brittany panhandling outside a grocery store in California; she was with Page 1 of 2 Easley. Authorities were alerted and police took Easley into custody. Brittany returned home to Virginia and Easley remains in jail awaiting trial on abduction and capital murder charges. The Public Information team that worked to safely find 12- year -old Brittany smith included: Teresa Hamilton Hall, Gray Craig, Penny Lloyd, and Corrine Geller with the Virginia State Police. Additional support was provided by many people including: Scott Ramsburg with the County's Parks, Recreation and Tourism Department and Chuck Lionberger with Roanoke County schools. The staff's submission will now be listed on the national PRSA website as a case study in how to approach communications when a child is abducted. Anne Marie Green is a founding member and past president of the local Public Relations Society of America chapter and will be present to explain the significance of this award. Page 2 of 2 ACTION NO. ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA'rE: AGENDA I'rEM: SUBMITTED BY: APPROVED BY: June 28, 2911 Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2919 -2911 and 2911 -2912 budgets in accordance with Section 15.2 -2597, Code of Virginia W. Brent Robertson Director of Management and Budget B. Clayton Goodman III County AdministratorTYJ3-- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2919 -2911 and 2911 -2912 budgets by adjusting - the aggregate amount to be appropriated during the fiscal year. Section 15.2 -2597 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget, or $1,896,181, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on June 21, 2911. 1. Request to accept and appropriate additional State revenues in the amount of $1,925,999 to the Department of Social Services for fiscal year 2919 -2911 budget 2. Request to accept and appropriate $242,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCA) grant for the fiscal year 2011 -2012 Page 1 of 2 3. Ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map kilos. 80.18 -8 -3 and 4) from Taz Wade, inc. for library purposes and appropriation of $415,000 from the Major Capital Fund, Vinton Magisterial District 4. Ordinance authorizing the purchase of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes and appropriation of $863,300 from the Minor Capital Reserve, Vinton Magisterial District 5. Request to appropriate $16,314.68 to the Clerk of the Circuit Courtfrom the State for fiscal year 2010 -2011 6. Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriations will be approved. Each request will be reviewed individually by the Board of Supervisors. Page 2 of 2 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 28, 2011 Request to approve a resolution granting a waiver under Section 13 -23 of the Roanoke County Code to the provisions of the County's noise ordinance — Article ll. "Noise" of Chapter 13. "Offenses- Miscellaneous" of the Roanoke County Code to Branch Highways, Inc. at the request of Branch Highways, Inc. — Buck Mountain Road Improvement Project, Cave Spring Magisterial District Arnold Covey Director of Community Development B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County received a request from Branch Highways, Inc. requesting a waiver of the County noise ordinance under Section 13 -23 "Undue hardship waiver," from June 29, 2011 through August 19, 2011 (letter attached). This waiver is requested due to complete certain road construction within or affecting the public right -of -way. Tasks that have currently been identified as those that will be performed at night include but are not limited to: 1. Storm drain piping and structures including road crossing 2. Waterline relocation 3. Curb and gutter, and concrete medians that tie to US 220 from Buck Mountain Road 4. All road widening, profiling and paving 5. Pavement marking Page 1 of 2 This request is being made with the intent that the work identified above be done in as safe a manner as possible. Staff believes the applicants' letter accurately reflects the benefits to be realized from granting the waiver. There will be lower traffic volumes in the evenings resulting in safer working conditions for the workers and minimal disruption to the public. The waiver will also allow for completion of the new traffic patterns from Wal -Mart. It shoM .,ild also be noted that the waiver will not be utilized on an everyday basis; rather it will be used when necessary and prudent to do so. A related action item was initially approved by the Board on Decen - Reber 14, 2010, for a time frame from December 15, 2010, through February 28, 2011. The work on Buck Mountain Road was amended to include only pavement and striping for the opening of Wal -Mart. The current request is identical to the previous request, with the exception of the new time frame and completion of drainage work, water line relocation, curb and gutter, concrete medians, road widening and profiling, paving and pavement marking. Lumsden Associates, Pc have prepared road improvement plans for the Buck Mountain Road improvements. These plans have been approved by Roanoke County and are pending approval by the Western Virginia Water Authority and the Virginia Department of Transportation. FISCAL IMPACT: There will be no fiscal impact to Roanoke County. ALTERNATIVES: 1. Board of Supervisors adopt the attached resolution granting a waiver of the County noise ordinance under Section 13 -23 allowing for certain road work related to the Buck Mountain Road development during the time period from June 29, 2011 through August 19, 20x11, to be performed at night. 2. Board of Supervisors does not adopt the attached resolution granting a waiver of the county noise ordinance allowing for certain road work related to the Buck Mountain Road improvement project. STAFF RECOMMENDATION: Staff recommends Alternative One. Page 2 of 2 BRANCH HIGHWAYS INC. P.O. Box 40004 • Roanoke, Vir 24022 June 8, 2011 Roanoke Count Depadment of Communit-y Development Roanoke, VA 24018 Attention: Mr. Arnold Cove Re: Re for Noise Ordinance Waiver for Work on Buck Mountain Road Mr. Cove STREET ADDRESS: 442 Rutherford Avenue Roanoke, Vir 24016 Phone (540) 982-1678 Fax, ( 540 ) 982-4217 www.branchhi Va- Cont, Lic., Class A No. 2701-029434A Please accept this letter as Branch Hi Inc."s official re for a waiver to the Roanoke Count noise ordinance under Section 13-23 "undue hardship waiver" so the approved. improvements that are to be made to Buck Mountain Road can be accomplished in the safest manner possible for the travelin public, our Subcontractors and our emplo Work is scheduled to be perfoniied between June 20, 2011 and AU g LiSt 19, 2011. It is anticipated that the ni work will be performed intermittentl between June 29, 2011 and Au 19, 2011. Road construction within or affectin the public ri of wa can be more suitabl and safel performed at ni due to the decreased traffic volumes, thus minimall impedin the travellin public while maximizin safet to the travellin public and construction workers. Tasks that have currentl been identified as those that ma be performed at ni include but are not limited to: 1. Storm, sewer, and waters pipin & structures includin road crossin 2. All concrete medians in Buck Mountain Road 3. Curb & g utter 4. All road widenin profilin (millin and pavin ,9 %6:> 5. Pavement markin C 6. Guardrail installation Thankin y ou in advance for y our attention to this matter., I remain Yalarritnil B H 'HWAYS., INC. Michael C. Tomlinson Vice President — EstimaOicr and Business Development AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 RESOLUTION GRANTING A WAIVER UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE - ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES — MISCELLANEOUS" OF THE ROANOKE COUNTY CODE TO BRANCH HIGHWAYS, INC. — BUCK MOUNTAIN ROAD IMPROVEMENT PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Branch Highways, Inc. have requested a waiver of the County's noise ordinance as contemplated under Sec. 13 -23. "Undue hardship waiver" be given to Branch Highways, Inc., the contractors for the Buck Mountain Road improvement project, to permit the road construction to be performed at night to take advantage of lower traffic volumes beginning on June 29, 2011, and ending August 19, 2011; and WHEREAS, Lumsden Associates, P.C. had prepared road improvement plans for the project. These plans have been approved by Roanoke County and are pending approval by the Western Virginia Water Authority and the Virginia Department of Transportation; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance - Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous" to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13 -23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to Branch Highways, Inc. from the County's noise ordinance, the Board of Supervisors has Page 1 of 3 considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 10:00 p.m. on June 29, 2011, and ending 7:00 a.m. on August 19, 2011. b. Whether the noise is intermittent or continuous: The noise produced during the process of performing road construction is done in order to take advantage of lower traffic volumes, minimizing impacts on the public, while maximizing safety to the public and construction workers. Tasks currently identified as those that will be performed at night include but are not limited to: storm drain piping and structures including road crossing; water line relocation; curb and gutter and concrete medians that tie to US 220 from Buck Mountain Road; all road widening, profiling and paving; and pavement marking. The noise waiver will not be utilized on a daily basis; rather it will be used when necessary and prudent to do so. C. The extensiveness of the noise: May be extensive at times depending upon the nature of the work. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: This work has to be completed at night in order to minimize impacts on the traveling public, while maximizing safety to the public and construction workers. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: Page 2 of 3 f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this road work is necessary and incidental to completion of the new traffic patterns from the Clearbrook Walmart. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by operation of equipment for road construction under subsection (1) of Sec. 13 -21. "Specific acts as noise disturbance "" would produce serious economic hardship for Branch Highways, Inc. without producing any substantial benefit to the public, further it would result in greater impacts on the public using Buck Mountain Road and U.S. Route 220, increase safety hazards both for the public and the construction workers. 3. That the provisions of Sec. 13-21. "Specific acts as noise" subsection (1) of Article 11. "Noise" of Chapter 13. "Offenses — Miscellaneous" be WAIVED for a period from June 29, 2011 until August 16, 2011. 4. This Waiver is granted specifically to Branch Highways, Inc., their officers, employees and agents for road construction work and related activities on Buck Mountain Road at Route 220 at the Clearbrook WalMart development in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. Page 3of3 ACTION NO. ITEM NUMBER F -2 ICY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA I'r E M : SUBMITTED BY: Request to accept and appropriate additional State revenues in - the amount of $1,025,000 to the Department of Social Services for fiscal year 2010 -2011 budget W. Brent Robertson Director of Management and Budget COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Social Services receives, throughout the year, additional appropriations for public assistance and services delivery. The State has made available $500,000 of Adoption Subsidy; $400,000 for Day Care Assistance; $59,000 of auxiliary grants for the elderly and disabled; and $31,000 of administrative support. Also, an additional $35,000 in revenue from the City of Salem is expected. The Board of Supervisors is requested to appropriate $1,025,000 to the Social Services budget and to appropriate the related revenues from the State. FISCAL IMPACT: No fiscal impact; local required match is currently in budget. STAFF RECOMMENDATION: Staff recommends appropriation of $1,025,000 to the fiscal year 2010 -2011 Social Services budget to be distributed in the following manner: $250,000 federal adoption assistance (602000- 5771); $250,000 Special Needs Adoption (602000- 5771); $400,000 TANF/VIEW work and transitional child care (602000- 5749); $30,000 auxiliary grants for the aged (602000- 5710); $29,000 auxiliary grants for the disabled (602000- 5720); $35,000 miscellaneous operating costs (601000 - 5850); and $31,000 foster care prevention (602000 -5741) and to appropriate same revenues from the state. 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 DATE: AGENDA rrEM: SUBMITTED BY: June 28, 2011 Request to authorize an agreement between Roanoke County and the Town of Vinton in the purchase of approximately 0.71 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman and approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes B. Clayton Goodman ul,�, County AdministratoraUd - _ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.761 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415 This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. property is used as a parking lot. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. Anew library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. 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. In addition, locating a new Vinton branch library on this property will siyipport the Town of Vinton's plans. The Town has agreed to pay one -half (112) of the purchase price for these two (2) properties. When the agreement was presented to the Board on July 14, 2011, the Board expressed concern over Section 8 which required completion of the new library on this site Page 1 of 2 within ten (10) years from the date of the agreement or the County would need to refund the Town of Vinton within ninety (90) days. The Board then requested the County Administrator to work with the Town of Vinton regarding the time limitation. Anew agreement has been prepared that provides If the County does not commence the construction of a new library on this Property within ten (10) years of the date of the Agreement; or if the County does not complete construction of a new library on this Property within twelve (12) years of the date of this Agreement; then the County will convey to the Town aone -half undivided ownership interest in the Property. Commencement of construction of a new library may be evidenced by the execution of a contract by the County for the architectural design and engineering of this structure, and completion of construction of a new library shall be evidenced by the issuance of a certificate of occupancy. It is recommended that if the ownership is transferred to the Town of Vinton that before the Library is constructed that the ownership be conveyed back to the County. FISCAL IMPACT: The Town of Vinton's participation will assist Roanoke County in the purchase of Downtown Vinton property. The partnership is a fifty/fifty (50/50) cost share with Roanoke County retaining one hundred percent (100 %) ownership, accept as indicated above. STAFF RECOMMENDATION: Staff recommends approval of the agreement between Roanoke County and the Town of Vinton. Page 2 of 2 AGREEMENT This AGREEMENT is between the Board of Supervisors of Roanoke County, Virginia (the "County ") and the Town Council of the Town of Vinton (the "Town ") this day of June, 2011. The purpose of this Agreement is to establish the duties and responsibilities of a partnership between the County and the Town with respect to the acquisition of real estate within the Town limits and for the construction of a possible site of a future Roanoke County library building. INTENT The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. A new library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. Due to the County and Town desire to make economic development in the downtown area a priority, it is the intent of both governments and shared goal to work together for the new Vinton area library branch construction to commence within ten years of this agreement. SUBSTANTIVE PROVISIONS 1. The County is negotiating Contracts to purchase the following parcels of real estate (the "Property ") in the Town: A parcel consisting of 0.761 acres, more or less, located at 304 Pollard Street, Vinton, Virginia, and further described as Tax Map Nos. 60.16 -8 -1 and 2 owned by B. Wayne Dunman and Rebecca J. Dunman. Page 1 of 4 A parcel containing 1.24 acres, more or less, located at 304 Pollard Street, Vinton, Virginia, and further described as Tax Map Nos. 60.16 -8 -3 and 4 owned by Taz Wade, Inc. 2. The purchase prices of these two parcels of real estate are $840,000 and $415,000, respectively. The County agrees to pay one -half of these purchase prices; the Town agrees to pay one -half of these purchase prices. Title to the Property shall be solely in the name of the County. The Town shall not hold any ownership interest in the Property. All closing costs and expenses shall be paid by the County. This includes, but is not limited to, appraisals, environmental assessments, attorney's fees, recordation costs, and title insurance. 3. The Town agrees to pay $100,000 to the County upon the County's settlement and closing on the acquisition of this Property. It is anticipated that the settlement and closing will be held on July 28, 2011. The remaining balance of the Town's share, $527,500, shall be paid to the County in ten (10) annual installments beginning on July 1, 2011, and paid on July 1 of each year thereafter. Each of the first five (5) installments shall be in the amount of $50,000; the remaining five year's installments amounts shall be $55,500, plus interest at the Wall Street Journal Prime Interest Rate (this rate as of May 1, 2011 was 3.25 %). 4. Lease payments received by the County from this Property shall not be shared with the Town, nor shall any such payments be used to offset the purchase price. The County intends to use the lease proceeds to maintain the structures on the Property, to pay the costs of demolition, and to establish a capital fund for the construction of a new library building. 5. If the County receives any grant funding or funding from any source other than local tax revenues or lease payments, and this funding is specifically allocated to assist in reducing the financial costs of the acquisition of the Property, then this funding will be shared equally with the Town to reduce its one -half share of the purchase price. 6. The County will convey to the Town a one -half undivided ownership interest in the Property: a. If the County does not commence the construction of a new library on Page 2 of 4 this Property within ten (10) years of the date of this Agreement; or b. If the County commences construction, but does not complete construction of a new library on this Property within twelve (12) years of the date of this Agreement. For purposes of this paragraph, commencement of construction of a new library may be evidenced by the execution of a contract by the County for the architectural design and engineering of this structure and completion of construction of a new library shall be evidenced by the issuance of a certificate of occupancy. 7. The County shall be responsible for insuring the Property against fire and other similar forms of property damage, risks or perils. The Town acknowledges that the County is either (i) constitutionally immune (or partially immune) from suit, judgment or liability, (ii) insured, or (iii) covered by a financial plan of risk management that is in the nature of self- insurance, all as determined by applicable laws, government policies and practices. No provision contained in this Agreement shall be deemed to be a waiver of the sovereign immunity of the Board of Supervisors of Roanoke County, Virginia, from tort or other liability. 8. The Town will be invited to participate in the project design team for the development of the plans for the construction of the new branch library. The County will make all final decisions of design and construction. 9. The Property and any buildings constructed thereon will be maintained according to applicable Town Code and Zoning Ordinance standards and will not be allowed to become blighted or fall into disrepair whether vacant or occupied by the County and /or one or more lessees. 10. This Agreement is subject to future appropriations by the Board of Supervisors of Roanoke County and by the Town Council of the Town of Vinton. 11. This Agreement is executed by the duly authorized County Administrator on behalf of the Board of Supervisors of Roanoke County, pursuant to Action # , adopted by said Board on the _day of June, 2011. Page 3 of 4 12. This Agreement is executed by the duly authorized Town Manager on behalf of the Town Council of the Town of Vinton, pursuant to Resolution , adopted by said Council on the day of , 2011. 13. This Agreement represents the entire agreement between the parties and may not be modified or changed except by written instrument executed by the parties. This Agreement shall be construed, interpreted, and applied according to the law of the Commonwealth of Virginia, and shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. 14. This Agreement is executed in duplicate, with each having the effect of an original, one of which shall be provided to each of the parties hereto. WITNESS these signatures and seals this day of , 2011. BOARD OF SUPERVISORS OF ROANOKE COUNTY B. Clayton Goodman III, County Administrator Approved as to form: Roanoke County Attorney TOWN COUNCIL OF THE TOWN OF VINTON Chris Lawrence, Town Manager Page 4 of 4 ACTION NO. IT EM NO. F -4 Dg&� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Appeal of a denial of a claim by John N. Gibson (3814 Belle Meade Drive, Roanoke, Virginia), Cave Spring Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: John N. and Teresa H. Gibson have filed a claim for damages in the amount of $52,881.84 to their property at 3814 Belle Meade Drive. This claim includes: CDs, Video games, DVDs, games, books, furniture, tools, appliances, collectibles, new gas furnace, new flooring and restoration /repair services. The damages arose out of the heavy rainstorms that occurred on Saturday, April 18, 2011, and flooded their home. Mr. Gibson has requested an opportunity to speak and to present his claim to the Board. The Risk Manager investigated this claim, and in consultation with the County Attorney, decided to deny this claim. It exceeds the authority he has under the County Code. In addition, it was determined that the County was not negligent, and that the County's actions did not cause the flooding and resulting damages. The County believes that this flooding was an "Act of God ". It rained seven inches (7 ") in the space of two to three (2 -3) hours in this portion of southwest Roanoke County. Portions of Tanglewood Mall and Cave Spring High School were flooded. This rainfall exceeded the one hundred (100) year storm calculations. In addition, the drainage system and facilities adjacent to the Gibson property appeared to have been blocked with organic material deposited into the drainage easement by neighboring property owners. There are two pipes between Mr. Gibson's and a neighbor's property: eighteen inches (18 ") and fifteen inches (15 "). The eighteen inch (18 ") pipe behind Mr. Gibson's was completely blocked by a log (firewood size) of slightly larger Page 1 of 2 diameter on one end of the log. The log was inside the eighteen inch (18 ") pipe like a "cork ". The fifteen inch (15 ") pipe was clear and appeared to function during the storm event. Some debris was around the inlet on Belle Meade Drive, but in the opinion of engineering staff, not enough to cause problems from blockage. When this property was developed, the storm water drainage was adequate based upon the standards in effect at that time (Belle Meade plat was recorded on October 13, 1955 ). Since that time, storm water drainage standards have been increased. If this property were developed today, the drainage system would be deemed inadequate. Since this unusual storm event, the County has discussed with Mr. Gibson the opportunity to acquire from him an additional new easement of 0.0303 acre to improve the existing drainage easement. Engineering staff has recommended re- grading the easement, the installation of a thirty six inch (38 ") concrete pipe through the Gibson property, and is working with the Virginia Department of Transportation (VDOT) to upgrade its thirty inch (30 ") pipe and inlets. There is minor erosion in the channel upstream from the Gibson property, but this was not the cause of the blockage. The Board had approved a project upstream from the Gibson property (Project No. 290). However, this was an erosion control request for an existing channel in a drainage easement. This request for assistance was approved but received a low rating of" Four (4) Minor Nuisance ". The system downstream was not evaluated at the time of the complaint. Staff is proposing channel improvements upstream from the Gibson property while working on this project. The Code of Virginia established a claims procedure for counties (see Sec. 15.2 - 1245). When a claim is disallowed, the claimant has thirty (30) days to appeal that denial to the circuit court (see Sec. 15.2- 1246). No action shall be maintained by any person against the county until that person has presented his or her claim to the governing body (see Sec. 15.2 - 1248). Denial of this claim will allow Mr. Gibson to proceed to circuit court. STAFF RECOIL MENDAnON: It is recommended that the Board uphold the denial of this claim and allow the applicants to proceed to seek a judicial remedy. Page 2 of 2 ACTION NO. ITEM NO. G -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROAIVOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE June 28, 2011 AGENDA ITEM Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITI•ED BY : Philip Thompson Deputy Director of Planning APPROVED BY : B. Clayton Goodman II County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of this item does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of this ordinance. The second reading and public hearing on this ordinance is scheduled for July 28, 2011 The title of this ordinance is as follows: 1. The petition of Angelo R. Gianni, Jr. to obtain a Special Use Permit in a R -1, Low Density Residential, District for a multiple dog permit for five (5) dogs on 1.02 acres, located at 8539 Fairway View Trail, Windsor Hills Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. Page 1 of 2 STAFF RECOIL MENDAnON Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for July 26, 2011 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 Count of Roanoke Communit Development Plannin & Zonin 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 ( 540 ) 772-2068 FAX ( 540 ) 776-7155 For Staff Use only Date received: Received b Appeal of Zonin Administrator's decision t A p l ication fee: PUMA date: Appeal of Interpretation of Section s IF BOS date Placards issued: L Appeal of Interpretation of Zonin Map to s2(D /I Case Number I ALL APPLICANTS I Check t of a plication filed (check all that appl 0 Rezoning of Use ❑ 'Variance [I Waiver ❑ Administrative Appeal ❑ Comp Plan ( 15.2-2232 ) Review Applicants name/ dress w/zip . Phone: d TF �P_' 0 �. 6 - All Woi k: V11 19 / -� q I Ir klit V Cell #: raaL6Z oanc4- VA A 01 '� Fax No.: - Owner's name/address w/zip Phone #: /4 / L n '* # , C�r7let A L Work: 77% V39 r," Vrseej 0 Fax No. ff: AM) %17414 IS TW7 704 ® _Vic 0 1k Propert Location —, l ,7, � V Ma District: os 4 dso r �4 ir VA Communit Plannin area: —16r� ke i�o Tax Map No.: 00 Existin Zonin Size of parcel ( s ) : Acres: • TExistin Land Use: REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232 REVIEW APPLICANTS (R/S/'4 /CP) Proposed Zonin Proposed Land Use: 1 0 L k3� I FJ Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes ��� No —1 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the re Use T Yes No i I IF NO, A VARIANCE IS REQUIRED FIRST P 11 If rezonin re are conditions bein proffered with this ha Yes El No 11 VA RIA NCE, WA IVER AND A D INIS TRA TI VE APPEA A PPL ICA NTS (VIWIAA) Variance/Waiver of Section(s) A / Nk of the Roanoke Count Zonin ance in order to: V., 2 Appeal of Zonin Administrator's decision t Appeal of Interpretation of Section s of the Roanoke Count Zonin Ordinan1 L Appeal of Interpretation of Zonin Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTS .61 OF TIC EMS ARE MISSING OR INCOMPLETE. R/S/%N'/CP V/AA R/S/NNI/CP V/AA RISAII/CP V/AA Consultation 8 112 " 8 1/211 x I V concept plan Application fee Application Mete an Mete an bounds description Proffers, if applicable Justification I ter I sewer application Ad propert owners W er I hereb certif that I am either the owner of th e o ow s a or cQ,ntract purchaser and and actin with the knowled and consent of the owner. Owner's Si V., 2 JUSTIFICATION FDIC REZONING SPECIAL USE PERMIT WAI FR OR. COMP PLA .N .(15. 2 -22 REVIEW REQUESTS Applicant 4ft F� P The Planning Commission will study rezoning, special use permit waiver or community plan ( 15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. YL /0 . . . . .................. . . .. .... . . . ........................... .. ................. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke Count Community Plan. e_ L L- �_ Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue. ('� &ti c ` S411 f/ 3 JUSTIFICATION FOR VARIANCE. REQUEST Applicant �� ' ► j The of Zoning Appeals is required by Section 15.2 -2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST I i / , Applicant 1(k. 1 .4 t � r ................... 5 Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning,. special use permit, waiver, community plan (15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the - following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties V"' e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties _e g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights �i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional it fot•mation requh - ed fot REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances /exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify Jhpt all ' required in the checklist above are complete. i ture of applic ntp Date 0 Communit Development Plannin & Zonin Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The followin is a list of potentiall hi traffic- land uses and road network situations that could elicit a more detailed anal of the existin and proposed traffic pertinent to y our rezonin subdivision waiver, public street waiver, or special use permit re If y our re involves one of the items on the ensuin list, we recommend that y ou meet with a Count planner, the Count traffic en and Vir Department of Transportation staff to discuss the potential additional traffic related information that ma need to be submitted with the application in order to expedite y our application process. (Note this list is not inclusive and the Count staff and VDO T reserve the ri to re a traffic stud at an t1me, as deemed necessar Hi Traffic-Generatin Land Uses: Si e-famil residential subdivisions, Multi-famil residential units, or Apartments with more a 75 dwellin units • Raurant (with or without drive-throu windows) 0 s station/Convenience store/Car wash, • ail shop/Shoppin center ices (includin financial institutions, g eneral, medical, etc.) nal public facilities u U� cational/Recreational facilities • i assemblies • ,Wel/Motel • • V G urse spital/Nursin home/Clinic ' W I u trial site/Factor • '0 D are center Elafi 0 N! Y- specific use re Road N,etwor -Situations: • ;v"elopment ad to/with access onto/within 500-ft of intersection of a roadwa classified as ana y aerial road (e. Rte 11, 24, 115, 117, 460 11/460, 220, 221, 419, etc) • Fop::-rew phases or chan to a development where a previousl submitted traffic stud is more ,tKap-two (2) y ears old and/or roadwa conditions have �chan si 0 X 6 e e to evaluate access issues • D elopment with in on roads planned or scheduled for expansion, widenin improvements, etc. (i.e. on Lon Ran Transportation Plan, Six-Yr Road Plan, etc.) • Z opment in an area where there is, a known existin traffic and/or safet problem • e opment would potentiall ne impact existin traffic si ■ he e �o re 0 u bsta nti a I departure from the Communit Plan An Jkle-ffiat is expected to g enerate over one hundred (100) trips durin the peak hour of the aff c g enerator or the peak hour on the adjacent streets, or over seven, hundred fift (750) trips in an avera da Effective da te; April 19, 2005 7 A Communit Development 1.01 Plannin & Zonin Division 0 NOTICE To APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearin If it is the opinion of the majorit of the Plannin Commissioners present at the scheduled public hearin that sufficient time was not available for plannin staff and/or an outside referral a to ade evaluate and provide written comments and su on the new or additional information prior to the scheduled public hearin then the Plannin Commission ma vote to continue the petition. This continuance shall allow sufficient time for all necessar reviewin parties to evaluate the new or additional information and provide written comments and su to be included in a written memorandum b plannin staff to the Plannin Commission. The Plannin Commission shall consult with plannin staff to determine if a continuance ma be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the Count Traffic En or staff from the Vir Department of Transportation re further traffic anal and/or a traffic impact stud that would be beneficial in makin a land use decision ( Note: a list of potential land uses and situations that would necessitate firs -thee- stud is pi-o vided as pai-t- of this application packa This continuance shall allow sufficient time for all necessar reviewin parties to evaluate the re traffic anal and/or traffic impact stud and to provide written comments and/or su to the plannin staff and the Plannin Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newl scheduled public hearin date. Effective date: April 19, 2005 9--k of Pol ion Petitioner's Si at 1�3 / D6e 9 NOTES.- 1. LEGAL REFERENCE.• INSTRUMENT NUMBER 200609685 TAX MAP NO. 066.04-01-29.00 CURRENT OWNERS.- JOHN F. & LUANN D. FERGUSON 2. THIS PLAT IS SUBJEC TO INFORMA THAT MAY BE DISCLOSED BY A CURRENT TITLE REPORT J. THE SUBJEC T PROPER TY IS L OCA TED IN UNSHA DED FL OOD INSURANCE ZONE 'X" AS DESIGNATED BY FEMA. LEGEND IPF ..... Iron Pin Found PUE ..... Public Utilit Easement LOT 28 LOT 27 LOT 29 Ar5 I ON rv, LOT 26 r112" IPF 00000� LOT JO , 1� pO IN U ex. g Ge 112 (BEN T) CEN 7ERLINE OF 16 C1q EXISTING SWALE Cd ILOT33 co IS CEN TERLINE OF 1. 02 A CRES I Cv 15' DRA INA GE EA SEMEN T BLOCK 2 LOT 34 00 0 2 STORY BRICK . I to 0 ,--D WELLING ,f6539 j et LOT 37 T10 4z / �►� ' 30. DECK 20' DRA INA GE ROCK WALL 22. 0 00 BL OCK WALL 1 EA SEMEN T I Q) BLObK WALK td 14.7'14.0f, ,� 1.3 BLOCK WALK N c623-2 12.4' WAL c 4F //v Y/v G Ono P. U. E. 112 7/2 tPF 1 25" SLOPE m FA RWA Y V Ew gAENT 3! rn A CS DESIGN ENGINEERING 0 SURVEYING CURVE DATA � � ARC=151.53'* RADIUS=455.00' DELTA= 1 9"049549' CHORD=N' 56'02'36" E, 150.839 PLAT OF PHYSICAL IMPROVEMENT LOCATION SURVEY MADE FOR ANGELO R. G /�4NN /, JR. & JAIME L. C/ANN/ OF �� �� b Ff V i A u DAVID A. BESS Lic. No. 002240 MA RCH 31 901 I CONSTRUCTION ■=6EMENT LOT 33 BLOCK 2., SECTION NO. 2s 4 .0 ffi�( A S URNv"i Ik 2203 Peters Creek Road, NW FA IR WA Y FOREST ES TA TES S Roanoke, Vir 24017 WINDSOR HILLS MAGISTERIAL DISTRICT" Phone: 540-562-2345 ROANOKE COUNTY, Fax 540-562-2344 VIRGINIA Email: surve SURVEYED: MARCH 31, 2011 www.acsdesi ZiGALL.a 7 = 5U N. B. 143 D - 110 12 Roanoke County Department of Community Development N Applicants Name: Existing Zoning: Proposed Zoning: Tax Map Number: Magisterial District: Angelo R Gianni, Jr R1 R1S 066.04 -01 -29.00 -0000 Windsor Hills Area: 1.02 Acres 10 May, 2011 Scale: 1 If = 200' Roanoke County Department of Community Development Applicants Name: Angelo R Gianni, Jr N Existing Zoning: R 1 Proposed Zoning: R1 S Tax Map Number: 066.04 -01 -29.00 -0000 Magisterial District: Windsor Hills Area: 1.02 Acres 10 May, 2011 Scale: 1 " = 200' Zoning - AG3 _ EP AG1 AR AV C1 C2 C2CVOD Roanoke County Department of Community Development Applicants Name: Angelo R Gianni, Jr N Existing Zoning: R 1 Proposed Zoning: R1 S Tax Map Number: 066.04 -01 -29.00 -0000 Magisterial District: Windsor Hills Area: 1.02 Acres 10 May, 2011 Scale: 1 " = 200' ACTION NO. ITEM NO. H -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA'L'E: June 28, 2011 AGENDA ITEM: Ordinance authorizing the lease of space in the South County Library to Johnson & Elick Roasters, Ltd. dlbla Mill Mountain Coffee and Tea for - the operation of a coffee shop SUBMITTED BY: Diane D. Hyatt Assistant County Administrator APPROVED BY: B. Clayton Goodman III r County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The new South County Library was designed to include a coffee shop area in the community section of the building. A Request for Proposal (RFP) was issued June 1, 2010, for a vendor interested in providing this service. The bid was awarded to Johnson & Elick Roasters, Ltd. dlbla Mill Mountain Coffee and Tea ( "Mill Mountain "). Mill Mountain will occupy 895 square feet of space including cafe preparation area, counter area and seating area located in the first floor of the South County library. They will be open during library hours and selected after -hours events. In addition, they will have a drive through window that can operate extended hours even when the library is closed. As the lease progresses, there may be reasonable business hour changes with mutual consent. They will not be cooking in - the facility, but they will serve such items as sandwiches and pastries along with the coffee, tea and soft drinks. The initial lease will run from October 1, 2011 through September 30, 2014. Upon expiration of this initial term, the lease can be extended an additional three -year term upon the same terms and conditions. Thereafter the lease can be extended in additional three year increments upon the same terms and conditions, provided that the rent shall be adjusted as mutually agreed upon by both parties. Page 1 of 2 The County Charter requires two readings of an ordinance in order to enter into a lease agreement. The second reading and public hearing of this ordinance will be held on July 12,2011. FISCAL IMPACT: Mill Mountain will pay rent to the County based on gross sales as follows: one percent (1 %) of sales from $1 to $5,000 and five percent (5 %) of sales over $5,000. The gross sales will include catering done within the library and well as the sales of the coffee shop. Our initial estimate of monthly rent is $500, which does not include any catering opportunities. As these functions grow, the rental income will grow as well. The rental income should be appropriated to the library to be used for system -wide needs. STAFF RECOMMENDATION: Staff recommends approving the first reading of the attached ordinance authorizing the lease with Johnson & Elick Roasters, Ltd. dlbla Mill Mountain Coffee and Tea. 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, JUNE 28, 2011 ORDINANCE AUTHORIZING THE LEASE OF SPACE IN THE SOUTH COUNTY LIBRARY TO JOHNSON & ELIcK ROASTERS, LTD. DIBIA MILL MOUNTAIN COFFEE AND TEA FOR THE OPEATION OF A COFFEE SHOP WHEREAS, the new South County Library is currently being constructed and will include a coffee shop area in the community section of the building consisting of a cafe preparation area, counter area, seating area as well as a drive through window; and WHEREAS, the County has negotiated a lease agreement with Johnson & Elick Roasters, Ltd. dlbla Mill Mountain Coffee and Tea for the operation of the coffee shop for the initial period of October 1, 2011, through September 30, 2014, with the option to extend the lease upon the certain terms and conditions, and that the rent for the leased premises shall be based upon a percentage of gross sales from the coffee shop and catering within the library; and 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 Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on June 28, 2011; the second reading and public hearing was held on July 12, 2011; and 2. That the property to be leased consists 895 square feet located on the 1 St floor of the South County Library, as shown on the attached Exhibit "A "; and 3. That it is in the County's best interests to lease this property to Johnson & Elick Roasters, Ltd. dlblal Mill Mountain Coffee and Tea for the operation of a coffee shop area in the South County Library. 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. 1 ►► 1 ►► 1► ► 1 ►1 I ►► \� \� lu 1►►1 ►i lu 1►►1�► v� � v� !� � �� u► U► 1 ,► In ��► 1�► vt �!��� ���� In u► In , ► ►1 ►► �u v� � � ; '+ u to In lu �� � � i " 1� lu 1 �:1� ► In In 1 ►► 1►► � � ACTION NO. ITEM NO. I -1 r/W-)e 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: June 28, 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 was held on May 10, 2011, a work session was held on June 14, 2011, and the second reading will be held on June 28, 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, JUNE 28 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 June 28, 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 ools 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 to 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. J.1 -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman I County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) The three -year term of Eldon Karr, Windsor Hills Magisterial District, will expire on June 30, 2011. 2. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year terms expired on August 31, 2010: a) Brian Hooker representing the Catawba Magisterial District (not eligible for reappointment as maximum number of terms served) b) Wes Thompson representing the Windsor Hills Magisterial District (resigned due to health) 3. clean Valley council The following two -year terms will expire on June 30, 2011: a) Adam Cohen, the County appointee b) Stephen McTigue, the Board Liaison Page 1 of 2 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three -year terms will expire on June 30, 2011: a) Robert T. Schell, Windsor Hills Magisterial District b) Jerry Williams, At -Large c) Beth Doughty, Cave Spring Magisterial District Charlotte Moore had requested the Clerk to the Board of Supervisors contact Beth Doughty to see if she would be interested in serving an additional term, Ms. Doughty advised she would be pleased to continue to serve. Ms. Doughty's new term will expire June 30, 2014. Confirmation has been placed on - the consent agenda. Page 2 of 2 K AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2011 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD of SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June 28, 2011, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 Inclusive, as follows: 1. Minutes — May 24, 2011 2. Resolution to accept Green Ridge Court into the Virginia Department of Transportation (VDOT) Secondary System 3. Confirmation of Appointments to the Parks, Recreation and Advisory Commission; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning Organization 4. Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects 5. Request to accept and appropriate $242,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCA) grant for the fiscal year 2011 -2012 6. Request to appropriate $16,314.68 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 7. Resolution approving the revised Flexible Benefits Plan Document for Roanoke County effective July 1, 2011 Page 1 of 2 8. Resolutions requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 766, Stable Road, Route 674, Clearbrook Lane and Route 675, Clearbrook Village Lane, Cave Spring Magisterial District g. Request to authorize amendments to the Deferred Compensation Section 457 Plan Page 2 of 2 ACTION NO. ITEM NO. K -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Resolution to accept Green Ridge Court into - the Virginia Department of Transportation (VDOT) Secondary System SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Parsell & Zeigler Development Corporation, the developer of Green Ridge Court, Catawba Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting they accept 0.11 mile of Green Ridge Court Route Number 1970 from the end of Maintenance Route Number 1970 to its end, cul -de -sac. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Green Ridge Court into the Secondary Road System. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROAIVOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2011 RESOLUTION TO ACCEPT GREEN RIDGE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. L � t In the County of Roanoke r■ w w w. w. w r r w r r M r. r r r . r r r r w. w. r. . w w w w w a . r. t. . r.. r a a a a.. w. a.- •••••...■ r r a r r w r... a.. a.....■. a.. r. y a r a r r a. a a. By resolution of the governing body adopted June 28, 201 1 The following VDOT Form AM 4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed {County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Green Ridge Court - Type Change fo the Secondary System of State Highways: - Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including, additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 --229 Street Name and /or Route Number Green Ridge Court, State Route Number 1970 Old Route Number: 0 w sr. � � � � w-i w-t �a w �. �. �. �. �. �. r r� r. r �t �. �. r �. �a rrr r.r r r� f w w.� w.r w+ .-r �. w•t w� ^ s �� w� ra From: End of State Maintenance Route 1970 To: End, Cul -de -sac, a distance of: 0.11 miles. - Recordation Reference: P.B. 2009 PG. 16578 . Right of Way w':dth (feet) = 40 feet VEM Form AM -4.3 (412012007) Muintenunce Division Date of Resolution: ,tune 28, 2011 Page t of 1 i r ` 9 b Exh bit �t e v" A" A �� T a­.f WROS1? 1 ■ = =n4 Ti no MMOISE0 gm rea R A s Aqomw gtytVe -w+ K INr ■ eff{ie rriwnoa. a 1C=� nn x wa.ti 1a^ R�ry7 iWl'F rf �� a — mu ram p i.x =Z •11.W , R � EM �1fgU tiG�+Pi 'L d9w.aam &=90 AM- !eF f! t A W r DESCRIPTION LENGTH Miles ROW Feet WIDTH Feet SERVICES Houses Green Ridge Court extension (route 1970) Sta. 17 +41.73 to Sta. 24 +10.00 0.11 40 28 22 ROANOKE COUNTY ACCEPTANCE OF GREEN RIDGE COURT INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SECONDARY SYSTEM PROPOSED ADDITION! IN GRAY r].. te � �� �y m)X WaY ■ + ft= r rJlr i s Ise' aue���g e irs�fi 1 !� mru - kn [Er - -- - wi IL I E rr ' ■r�'mu � � �l al•4D f'� r fi t�t+�wwa l�+r � r Fct \ '+' •'�`°" Hs awrri su i.irtrll rx r � er +e }�,u�t F1;1[ES oe a ■ r�RT�IIRwIf ! H 1 won Maw z w "w& 4&"" UK YLdL ; m W-ft � v 7 ►� F �JU OFL� R S rq► F�#R�+R 7Pq err R i-!, 1gl�p MAY Klµ�+kpl�/� f{ war A ibM 4. .1.�'rrf Fr �u�i��s�r "��tldaiaa�ar.�lii�arr� j, 14 lsrf N;,l* 1rr Itl4 Lt firL Lot T1 y ��� Lt d L �l • � � J � •� for RSUTmum � t �..... _� s•••' � • � as ACTION NO. ITEM NO. K -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 28, 2011 Confirmation of appointments to the Parks, Recreation and Advisory Commission; Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Commission — Metropolitan Planning organization Deborah C. Jacks Clerk to the Board B. Clayton Goodman LII County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Parks, Recreation and Advisory Commission Charlotte Moore had requested the clerk to the Board of Supervisors contact Beth Doughty to see if she would be interested in serving an additional term. Ms. Doughty advised she would be pleased to continue to serve. Ms. Doughty's new term will expire June 30, 2014. 2. Roanoke Valley Alleghany Regional commission After the closed meeting on May 24, 2011, the Board of Supervisors asked the clerk to contact Supervisor Ed Elswick to see if he would be willing to serve an additional three -year term. Supervisor Elswick was contacted and advised he would be pleased to continue to serve. Mr. Elswick new term will expire June 30, 2014. Page 1 of 2 3. Roanoke Valley Alleghany Regional commission -- Metropolitan Planning Organization After the closed meeting on May 24, 2311, the Board of Supervisors asked the Clerk to contact Supervisor Ed Elswick to see if he would be willing to serve an additional three -year term as alternate on this committee. Supervisor Elswick was contacted and advised he would be pleased to continue to serve. Mr. Elswick new term will expire June 33, 2014. Page 2 of 2 ACTION NO. ITEM NO. K -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER M EEII NG DA7rE: J Line 28, 2011 AGENDA ITEM: Request to appropriate $2,000 to the Police Department from donation funds for fiscal year 2011 -2012 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clay Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Police Department expects future donations and support of this project from private organizations. Funds will be used for traffic safety projects performed by the Blue Ridge Regional Crash Investigation Teams which is overseers by the Police Department. FISCAL IMPACT: None, one hundred percent ( 100 %) donated funds. STAFF RECOMMENDATION: Staff recommends appropriating $2,000 to the Police Department for fiscal year 2011- 2012. ACTION NO. ITEM NO. K -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 28, 2011 Request to accept and appropriate $242,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCA) grant for the fiscal year 2011 -2012 Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1995, the Virginia General Assembly passed the Virginia Juvenile Community Crime Control Act (VJCCCA) to establish acommunity -based system of progressive intensive sanctions and services that correspond to the severity of offense and treatment needs. The purpose of the VJCCCA is to deter crime by providing immediate, effective punishment that emphasizes accountability of the juvenile offender for his actions as well as reduces the Pattern of repeat offending. The County of Roanoke has participated in the VJCCCA program for a number of years. This program allows the Court Service Unit to provide direct services, treatment programs, substance abuse services, and probation activities associated with the Juvenile Court. Through the Life Skills Mentoring Program of Roanoke County Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services. The City of Salem has requested to participate in our Life Skills Mentoring Program and has approved their resolution to the Department of Juvenile Justice requesting that their VJCCCA monies be used in that matter. This work load can be assumed by the staff of the Page 1 of 2 Life Skills Mentoring Program and the additional case load will be funded through Salem's grant funds. This grant requires the county to contribute $24,544 as our maintenance of effort. This amount was included in the court Service Unit budget for 2011 -2012 and no additional local dollars are required. The Department of Juvenile Justice requires that the attached resolution be adopted by the County of Roanoke allowing participation in the grant program and recognizing that the City of Salem's grant monies will be used to support the Life Skills Mentoring Program. FISCAL IMPACT: No additional local funds are required for this grant. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the VJCCCA grant from the Department of Juvenile Justice in the amount of $242,251. 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, JUNE 28, 2011 RESOLUTION TO APPROVE PARTICIPATION IN AND CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR 2011 -2012 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM WHEREAS, the County of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of Roanoke County's Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services, and WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both the County of Roanoke and the City of Salem, and WHEREAS, the Court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the County of Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. Now, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke Countywill participate in the Virginia Juvenile Community Crime Control Act for fiscal year 2011 -2012 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator or the Assistant County Page 1 of 2 Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem, and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with - the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. Page 2 of 2 ACTION NO. ITEM NO. K -8 AT A REGULAR MEE - rING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRA`rION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Request to appropriate $18,314.88 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 SUBMITTED BY: Steven A. McGraw Clerk of Circuit Court APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $18,314.88. These funds have been earmarked for the purpose of maintenance and redaction. These funds need to be appropriated to the Clerk of Circuit Court . FISCAL IMPACT: No fiscal impact- one hundred percent (100 %) state funds STAFF RECOMMENDATION: Staff recommends appropriating $18,314.88 to the Clerk of Circuit Court for fiscal year 2010-2011. ACTION NO. ITEM NO. K -7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Resolution approving the revised Flexible Benefits Plan document for Roanoke County effective July 1, 2011 SUBMITTED BY: Anita Hassell Assistant Director of Human Resources APPROVED BY: B. Clayton Goodman III County Administrator 4�� COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Since 1989 the COUnty has offered a Flexible Benefits Plan to employees. This Plan qualifies as a cafeteria plan under Section 125 of the Internal Revenue Code. A Cafeteria Plan allows pre -tax dollars to be used for health care and/or dependent care expenses. Employers are required to maintain a "Plan Document" that explains how the plan will be administered. Flexible Benefits Administrators (FBA) was contracted to administer this plan for employee reimbursements in 2005. As part of this contract, FBA has updated our "Plan Document" to reflect changes in federal legislation affecting cafeteria plans and the addition of a benefit feature. A copy of the Plan Document is included in your agenda packet. Also included in this report is a resolution that must be approved by the Board to adopt the amendments to the Plan Document. The program is currently in place and the amendments should be made effective July 1, 2011. An overview of the revisions made to the Plan Document is outlined below: • Effective Date July 1, 2011 —pg. 1 Introduction par. 1 • Considered a "wrap" plan for report requirements (Form 5500) — pg. Introduction par. 3 Page 1 of 2 • Redefined "Administrator" as Employer unless another person designated - pg.1 art. 1.1 Redefined "Dependent" according to Affordable Care Act - pg.2 art.1.7 • Redefined "Employer" to include affiliates - pg.3 art.1.12 • Defined "Grace Period" for the addition of - this feature die., 2.5 months after the end of the Plan Year during which covered expenses incurred by a participant will be deemed to have been incurred during such Plan Year) - pg.3 art. 1.13 • Participant death, code section cited - pg.G art.2.7 Deleted election extension period - pg.9 art.5.1 • Gain /change eligibility for child qualifies as change in status -- pg.12 art.5.4(a) • Addition of child eligibility language related to Children's Health Insurance Program Reauthorization Act of 2999 - pg.12 art.5.4(b) • Addition of property settlement in Qualified Medical Support order - pg.12 a rt.5.4(c) • Defined "Medical expenses" to allow incurred during Grace Period - pg.15 a rt.5.2(c) • Limitations on Allocations rewording - pg.15 art.5.4 Reference the Grace Period - pg.15 art.5.7(a), pg.17 art-6-7(d)&(e), pg.21 art.7.12, pg.22 art.7.12(i), pg.23 art.8.1(e), • Statement of benefits to be added to participant W -2 - pg.19 art.7.7 • Benefit plan surplus to defray costs or provide additional benefits - pg.23 art.8.2 • Appointment, approval and removal process for Administrator explained - pg.23 art-9.1 • Powers of the Administrator restated - pg.24 &25 art.9.1 Introduction,9.1 (f) &(g) • Termination of the Plan sentence deletion - pg.26 art. 10.2 COBRA clarification - pg.28 art. 11.1 3 HIPAA clarification and statement Genetic information will not be used - pg.29 art. 11.17(a) &(c) • Added references to Mental Health Parity and Addiction Equity Act, Genetic Information Nondiscrimination Act, women's Health and Cancer Rights Act, and Newborns' and Mothers' Health Protection Act - pg.81 &82 art. 11.19 -11.22 FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends adopting the attached resolution ratifying, confirming and approving the amendments to the Plan Document, and authorizing the County Administrator to execute the revised plan documents on behalf of the County and to implement these revisions. 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, JUNE 28, 2011 RESOLUTION APPROVING THE REVISED FLEXIBLE BENEFITS PLAN DOCUMENT FOR ROANOKE COUNTY EFFECTIVE JULY 1 2011 WHEREAS, the county of Roanoke desires to revise the flexible benefits plan document for Roanoke county effective July 1, 2011. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That - the revisions to the Flexible Benefits Plan document reflect changes in the laws that govern cafeteria plans and in our current practices are approved effective July 1, 2011. 2. That the county Administrator or designee is authorized to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. COUNTY OF ROANOKE FLEXIBLE BENEFIT PLAN TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY ...................................................................................... ..............................4 2.2 EFFECTIVE DATE OF PARTICIPATION..... ps 8660M644406 4 2.3 APPLICATION TO PARTICIPATE ................................................... ..............................4 2 .4 TERMINATION OF PARTICIPATION ..........most .... s .................... ..... ............................... 4 2.5 CHANGE OF EMPLOYMENT STATUS ............................... .......... ............................... 5 2.6 TERMINATION OF EMPLOYMENT . ............................... , ............. ............................... 5 2.7 DEATH ............. .................................................,...................... ........... ..............................6 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION ................................................................. ............................... 6 3.2 APPLICATION OF CONTRIBUTIONS ........................................... ............................... 3.3 PERIODIC CONTRIBUTIONS .......................................................... ..............................7 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS ............................................................................ ..............................7 4.2 HEALTH CARE REIMBURSEMENT PLAN BENEFIT .................. ..............................7 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT .......... ............................... 7 4.4 HEALTH INSURANCE BENEFIT .................................................... ............................... 7 4.5 DENTAL INSURANCE BENEFIT ..................................................... ..............................8 4.6 NONDISCRIMINATION REQUIREMENTS ........ ........................... ............................... 8 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS ........................................................................ ..............................9 i 5.2 SUBSEQUENT ANNUAL ELECTIONS ............................. .............. ..............................9 5.3 FAILURE TO ELECT ............. ...............................,........................... .............................10 5.4 CHANGE OF ELECTIONS .............................................................. ..............................1 0 ARTICLE VI HEALTH CARE REIMBURSEMENT PLAN 6.1 ESTABLISHMENT OF PLAN .......................................................... .............................13 6.2 DEFINITIONS ................................. ................................................... .............................13 6.3 FORFEITURES .................................................................................. .............................14 6.4 LIMITATION ON ALLOCATIONS .................................................. .............................14 6.5 NONDISCRIMINATION REQUIREMENTS ................................... .............................14 6.6 COORDINATION WITS CAFETERIA PLAN ................................ .............................15 6.7 HEALTH CARE REIMBURSEMENT PLAN CLAIMS .................. .............................15 ARTICLE VII DEPENDENT CARE ASSISTANCE PROGRAM 7.1 ESTABLISHMENT OF PROGRAM ................................................. .............................16 7.2 DEFINITIONS . ................................................................................... .............................16 7.3 DEP CARE ASSISTANCE ACCOUNTS ........................ ............................... 18 7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS ...........................18 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS ..........................18 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT ................18 7.7 ANNUAL STATEMENT OF BENEFITS ......................................... .............................18 7.8 F Y RFE ITURE S .......................... ...................................................... ............................... 18 7.9 LIMITATION ON PAYMENTS D i p ........... ............................... 18 7.10 NONDISCRIMINATION REQUIREMENTS ................................... .............................19 7.11 COORDINATION WITH CAFETERIA PLAN........ v ..................... ............................... 19 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS ........... .............................24 ARTICLE VIII BENEFITS A.ND RIGHTS 8.1 CLAIM FOR BENEFITS .................................................................... .............................21 8.2 APPLICATION OF BENEFIT PLAN SURPLUS ........................... ............................... 22 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION................. .............................................. .............................22 9.2 EXAMINATION OF RECORDS ..................................................... ............................... 23 9.3 PAYMENT OF EXPENSES ............................................................. ............................... 23 9.4 INSURANCE CONTROL CLAUSE .................................................. .............................23 9.5 INDEMNIFICATION OF ADMINISTRATOR ..................... .......... ............................... 24 ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT ..................... ....................................,.,.......,,............ ............................... 24 10.2 TERMINATION .. ............................................................................. ............................... 24 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION ......................... . ........ . .......................... ............................... 24 11.2 GENDER AND NUMBER ............................................................... ............................... 24 11.3 WRITTEN DOCUMENT ......,. ........................................................... .............................25 11.4 EXCLUSIVE BENEFIT ..................................................................... .............................25 11.5 PARTICIPANT'S RIGHTS ................................................................. .............................25 1 1 .6 ACTION B Y THE EMPLOYER ......... ............................... 1 y.,.......... 0400. /......................... 25 11.7 NO GUARANTEE OF TAX CONSEQUENCES ............................ ............................... 25 11.5 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS ........ .............................26 11 .9 FUN IN .......................................►...........►..................................... ............................... 26 11.10 GOVERNING LAW ........................................................................... .............................26 11.11 SEVER. ABILITY ................................................................................ .............................2� 11 -12 AP TI ON S .............. . .............. ............................... 0 ............. 0 ........... 0 ...... 11.13 CONTINUATION OF COVERAGE .................................................. .............................2� 11.14 FAMILY AND MEDICAL LEAVE ACT .......................................... .............................27 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT................27 11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT................................................................................................... ............................... 27 11.17 COMPLIANCE WITH HIPAA PRIVACY STAND ARDS ............... .............................27 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS ................ 29 C QTJNTY OF ROANOKE FLEXIBLE BENEFIT PLAN INTRODUCTION The Employer has amended this Plan effective July 1, 2005, to recognize the contribution made to the Employer by its Employees. Its purpose is to reward them by providing benefits for those Employees who shall qualify hereunder and their dependents and beneficiaries. The concept of this Plan is to allow Employees to choose among different types of benefits based on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was originally effective on July 1, 1989. The Plan shall be known as County of Roanoke Flexible Benefit Plan (the "Plan "). The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. ARTICLE I DEFINITIONS 1.1 "Administrator" means the individual(s) or corporation appointed by the Employer to carry out the administration of the Plan. The Employer shall be empowered to appoint and remove the Administrator from time to time as it deems necessary for the proper administration of the Plan. In the event the Administrator has not been appointed, or resigns from a prior appointment, the Employer shall be deemed to be the Administrator. 1.2 "Affiliated Employer" means the Employer and any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(0). 1.3 "Benefit" means any of the optional benefit choices available to a Participant as outlined in Section 4.1. 1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants, pursuant to Article III, to purchase Benefit Options provided under Section 4.1. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. 1.6 "Compensation" means the amounts received by the Participant from the Employer during a Plan Year. 1.7 "Dependent" means any individual who qualifies as a dependent under a Contract or under Code Section 152 (as modified by Code Section 105(b)). s 1.8 "Effective Date" means July 1, 1989. 1.9 "Election Period" means the period immediately preceding the beginning of each Plan Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.1 0 "Eligible Employee" means any Employee who has satisfied the provisions of Section 2.1. An individual shall not be an "Eligible Employee" if such individual is not reported on the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the Employer on its payroll records are not "Eligible Employees" and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. Employees whose employment is governed by the terms of a collective bargaining agreement between Employee representatives (within the meaning of Code Section 7701(a)(46)) and the Employer under which benefits were the subject of good faith bargaining between the parties, unless such agreement expressly provides for such coverage in this Plan, will not be eligible to participate in this Plan. However, Employees who are "leased employees" as defined in Code Section 4.14(n)(2) shall not be eligible to participate in this Plan. However, any Employee who is a "part- time" Employee shall not be eligible to participate in this Plan. A "part- time" Employee is any Employee who works, or is expected to work on a regular basis, less than 40 hours a week and is designated as a part --time Employee on the Employer's personnel records. However, any Employee who is a nonresident alien and who receives no earned income (within the meaning of Code Section 911(d)(2)) from the Employer which constitutes income from sources within the United States (within the meaning of Code Section 861(a)(3)), shall not be eligible to participate in this Plan. 1.11 "Employee" means any person who is employed by the Employer. The term Employee shall include leased employees within the meaning of Code Section 414(n)(2). 1.12 "Employer" means County of Roanoke and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. 1.13 "Insurannce Contract" means any contract issued by an Insurer underwriting a Benefit. 1.14 "Insurer" means any insurance company that underwrites a Benefit under this Plan or, with respect to any self-funded benefits, the Employer. 0) 1.15 "Key Employee" means an Employee described in Code Section 416(1)(1) and the Treasury regulations thereunder. 1.16 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.17 "Plan" means this instrument, including all amendments thereto. 1.1 S "Plan Year" means the 12 -month period beginning July 1 and ending June 30. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.19 "Premium Expenses" or "Premiums" mean the Participant's cost for the self - funded Benefits described in Section 4.1. 1.20 "Premium Reimbursement Account" means the account established for a Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Premiums of the Participant shall be paid or reimbursed. If more than one type of insured or self- funded Benefit is elected, sub - accounts shall be established for each type of insured or self- funded Benefit. 1.21 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. 1.22 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.23 "Spouse" means "spouse" as defined in a Contract or the legally married husband or wife of a Participant, unless legally separated by court decree. 3 ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any Eligible Employee shall be eligible to participate hereunder as of his date of employment, if he is normally scheduled to work at least 40 hours per week. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the first day of the month coinciding with or next following the date on which he met the eligibility requirements of Section 2.1. • 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate and election of benefits form which the Administrator shall furnish to the Employee. The election made on such form shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to execute a Salary Redirection Agreement during the Election Period for the Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured or self- funded Benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: (a) His termination of employment, subject to the provisions of Section 2.6; (b) The end of the Plan Year during which he became a limited Participant because of a change in employment status pursuant to Section 2.5; (c) His death, subject to the provisions of Section 2.7; or 10.2. (d) The termination of this Plan, subject to the provisions of Section 4 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be eligible to participate because of a change in employment status or classification (other than through termination of employment), the Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs. As a limited Participant, no further Salary Redirection may be made on behalf of the Participant, and, except as otherwise provided herein, all further Benefit elections shall cease, subject to the limited Participant's right to continue coverage under any Insurance Contracts. However, any balances in the limited Participant's Dependent Care Assistance Account may be used during such Plan Year to reimburse the limited Participant for any allowable Employment- Related Dependent Care incurred during the Plan Year. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided he otherwise satisfies the participation requirements set forth in this Article II as if he were a new Employee and made an election in accordance with Section 5.1. 2.6 TERMINATION OF EMPLOYMENT If a Participant's employment with the Employer is terminated for any reason other than death, his participation in the Benefit Options provided under Section 4.1 shall be governed in accordance with the following: (a) with regard to Insurance Benefits provided under Section 4. 1, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract for which premiums have already been paid. (b) with regard to the Dependent Care Assistance Program, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment related Dependent Care Expense reimbursements for the remainder of the Plan Year in which such termination occurs, based on the level of the Participant's Dependent Care Assistance Account as of the date of termination. (c) In the event a Participant terminates his participation in the Health Care Reimbursement Plan during the Plan Year, if Salary Redirections are made other than on a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for any Salary Redirection previously paid for coverage or benefits relating to the period after the date of the Participant's separation from service regardless of the Participant's claims or reimbursements as of such date. (d) The health benefits under this Plan shall be applied and administered consistent with such further rights a Participant and his Dependents may be entitled to pursuant to Code Section 4980B and Section 11.13 of the Plan. 5 2.7 DEATH If a Participant dies, his participation in the Plan shall cease. However, such Participant's beneficiaries, or the representative of his estate, may submit claims for expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to each specific benefit are exhausted. A Participant may designate a specific beneficiary for this purpose. If no such beneficiary is specified, the Administrator may designate the Participant's Spouse, one of his Dependents or a representative of his estate. ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION Benefits under the Plan shall be financed by Salary Redirections sufficient to support Benefits that a Participant has elected hereunder and to pay the Participant's Premium Expenses. The salary administration program of the Employer shall be revised to allow each Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to purchase the elected Benefit options. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first day of the pay period following the Employee's entry date up to and including the last day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made udder Article V. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any contribution made or withheld for the Health Care Reimbursement Fund or Dependent Care Assistance Account shall be credited to such fund or account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. no 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata. for each payroll period. However, with regard to the Health Care Reimbursement Plan, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections are not made on a pro rata basis, upon termination of participation, a Participant may be entitled to a refund of such Salary Redirections pursuant to Section 2.6. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Each Participant may elect to have the amount of his Cafeteria Plan Benefit Dollars applied to any one or more of the following optional Benefits: (1) Health Care Reimbursement Plan (2) Dependent Care Assistance Program In addition, each Participant shall have a sufficient portion of his Cafeteria Plan Benefit Dollars applied to the following benefits unless the Participant elects not to receive such benefits: (3) Health Insurance Benefit (4) Dental Insurance Benefit 4.2 HEALTH CARE REIMBURSEMENT PLAN BENEFIT Each Participant may elect coverage under the Health Care Reimbursement Plan option, in which case Article VI shall apply. 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT Each Participant may elect coverage under the Dependent Care Assistance Program option, in which case Article VII shall apply. 4.4 HEALTH INSURANCE BENEFIT (a) Each Participant may elect to be covered under a health Contract for the Participant, his or her spouse, and his or her Dependents. (b) The Employer may select suitable health Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. 7 (c) The rights and conditions with respect to the benefits payable from such health Contract shall be determined therefrom, and such Contract shall be incorporated herein by reference. 4.5 DENTAL INSURANCE BENEFIT (a) Each Participant may elect to be covered under the Employer's dental. Insurance Contract. In addition, the Participant may elect either individual or family coverage under such Insurance Contract. (b) The Employer may select suitable dental Insurance Contracts for use in providing this dental Insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) The rights and conditions with respect to the benefits payable from such dental Insurance Contract shall be determined therefrom, and such dental Insurance Contract shall be incorporated herein by reference. 4.6 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Plan to provide benefits to a classification of employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. (b) It is the intent of this Plan not to provide qualified benefits as defined under Code Section 125 to Ivey Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which (without regard to this paragraph) are includible in gross income. (c) If the Administrator deems it necessary to avoid discrimination or possible taxation to Ivey Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reduce contributions or non - taxable Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reduce contributions or non - taxable Benefits, it shall be done in the following manner. First, the non - taxable Benefits of the affected Participant (either an employee who is highly compensated or a Ivey Employee, whichever is applicable) who has the highest amount of non - taxable Benefits for the Plan Year shall have his non - taxable Benefits reduced until the discrimination tests set forth in this Section are satisfied or until the amount of his non - taxable Benefits equals the non - taxable Benefits of the affected Participant who has the second highest amount of non - taxable Benefits. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among Health Care Reimbursement Plan Benefits and Dependent Care Assistance Program Benefits, and once all 8 these Benefits are expended, proportionately among insured Benefits. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so before his effective date of participation pursuant to Section 2.2. However, if such Employee does not complete an application to participate and benefit election form and deliver it to the Administrator before such date, his Election Period shall extend 30 calendar days after such date, or for such further period as the Administrator shall determine and apply on a uniform and nondiscriminatory basis. However, any election during the extended 30-day election period pursuant to this Section 5.1 shall not be effective until the first pay period following the later of such Participants effective date of participation pursuant to Section 2.2 or the date of the receipt of the election form by the Administrator, and shall be limited to the Benefit expenses incurred for the balance of the Plan Year for which the election is made. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employers insured or self- funded benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which spending account Benefit options he wishes to select and purchase with his Cafeteria Plan Benefit Dollars. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; (b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during the Election Period that he does not want to participate in the Plan for the next Plan Year; (c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. 5.3 FAILURE TO ELECT Any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be treated in the following manner: (a) With regard to Benefits available under the Plan for which no Premium Expenses apply, such Participant shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized or made for the subsequent Plan Year for such Benefits. 5.4 CHANGE OF ELECTIONS (a) Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then such rules and regulations shall control. In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a spouse, the death of a spouse or dependent, or a dependent ceasing to satisfy the eligibility requirements for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. In addition, if the Participant, spouse or dependent gains or loses eligibility for coverage, then a Participant's election under the Plan to cease or decrease coverage for that individual under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. Regardless of the consistency requirement, if the individual, the individual's spouse, or dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election form is completed and returned to the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a spouse, legal separation or annulment, 10 (2) Number of Dependents: Events that change a Participant's number of dependents, including birth, adoption, placement for adoption, or death of a dependent; (3) Employment Status: Any of the following events that change the employment status of the Participant, spouse, or dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, spouse, or dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the plan, then that change constitutes a change in employment under this subsection; (4) Dependent satisfies or ceases to satisfy the eligibility requirements: An event that causes the Participant's dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; and (5) Residency: A change in the place of residence of the Participant, spouse or dependent, that would lead to a change in status (such as a loss of HMO coverage). For the Dependent Care Assistance Program, a dependent becoming or ceasing to be a "Qualifying Dependent" as defined under Code Section 21(b) shall also qualify as a change in status. (b) Notwithstanding subsection (a), the Participants may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 98010. Such change shall take place on a prospective basis, unless otherwise required by Code Section 98010 to be retroactive. (c) Notwithstanding subsection (a), in the event of a judgment, decree, or order ( "order ") resulting from a divorce, legal separation, annulment, or change in legal custody (including a qualified medical child support order defined in ERISA Section 609) which requires accident or health coverage for a Participant's _ child (including a foster child who is a dependent of the Participant): (1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's plan; or (2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former spouse to provide coverage for such child, under that individual's plan and such coverage is actually provided. (d) Notwithstanding subsection (a), a Participant may change elections to cancel accident or health coverage for the Participant or the Participant's spouse 11 or d Voe f the Participant or the Participant's spouse or dependent is enrolled in health co verage of the Employer and becomes entitled to coverage (i., under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1925 of the Social Security Act (the program for distribution of pediatric vaccines). If the Participant or the Participant's spouse or dependent who has been entitled to Medicaid or Medicare coverage loses eligibility, that individual may prospectively elect coverage under the Plan if a benefit package option under the Plan provides similar coverage. (e) If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage, or drop coverage prospectively if there i's no benefit package option with similar coverage. A cost increase or decrease refers to an increase or decrease in the amount of elective contributions under the Plan, whether resulting from an action taken by the Participants or an action taken by the Employer. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another plan with similar coverage, or drop coverage prospectively if no similar coverage is offered. If, during the period of coverage, a new benefit package option or other coverage option is added, an existing benefit package option is significantly improved, or an existing benefit package option or other coverage option is eliminated, then the affected Participants may elect the newly -added option, or elect another option if an option has been eliminated prospectively and make corresponding election changes with respect to other benefit package options providing similar coverage. In addition, those Eligible Employees who are not participating in the Plan may opt to become Participants and elect the new or newly improved benefit package option. A Participant may make a prospective election change to add group health coverage for the Participant, the Participant's spouse or dependent if such individual loses group health coverage sponsored by a governmental or educational institution, including a state children's health insurance program under the Social Security Act, the Indian Health Service or *a health program offered by an Indian tribal government, a state health benefits risk pool, or a foreign government group health plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a spouse's, former 12 spouse's or dependent's employer if (1) the cafeteria plan or other benefits plan of the spouse's, former spouse's or dependent's employer permits its participants to make a change; or (2) the cafeteria plan permits participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a spouse's, former spouse's or dependent's employer. A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care provider. The availability of dependent care services from a new childcare provider is similar to a new benefit package option becoming available. A cost change is allowable in the Dependent Care Assistance Program only if the cost change is imposed by a dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). A Participant shall not be permitted to change an election to the Health Care Reimbursement Plan as a result of a cost or coverage change under any health insurance benefits. ARTICLE VI HEALTH CARE REIMBURSEMENT PLAN 6.1 ESTABLISHMENT OF PLAN This Health Care Reimbursement Plan is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Health Care Reimbursement Plan may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed under this Health Care Reimbursement Plan shall be periodically paid from amounts allocated to the Health Care Reimbursement Fund. Periodic payments reimbursing Participants from the Health Care Reimbursement Fund shall in no event occur less frequently than monthly. 6.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan, the terms below have the following meaning: (a) "Health Care Reimbursement Fund" means the fund established for Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses may be reimbursed. (b) "Health Care Reimbursement Plan" means the plan of benefits contained in this Article, which provides for the reimbursement of eligible Medical Expenses incurred by a Participant or his Dependents. s (c) "Highly Compensated Participant" means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is: 13 (1) one of the 5 highest paid officers; (2) a shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or (3) among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). (d) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" as defined in Code Section 213(4) and as allowed under Code Section 105 and the rulings and Treasury regulations thereunder, and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. A Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's spouse or individual policies maintained by the Participant or his spouse or Dependent. A Participant may not be reimbursed for "qualified long -term care services" as defined in Code Section 7702B(c). (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Health Care Reimbursement Plan. 6.3 FORFEITURES The amount in the Health Care Reimbursement Fund as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 5.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 6.4 LIMITATION ON ALLOCATIONS Notwithstanding any provision contained in this Health Care Reimbursement Plan to the contrary, no more than $5000 may be allocated to the Health Care Reimbursement Fund by a Participant in or on account of any Plan Year. 6.5 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Health Care Reimbursement Plan not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) If the Administrator deems it necessary to avoid discrimination under this Health Care Reimbursement Plan, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this 14 Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, r it shall be done in the following manner. First, the Benefits designated for the Health Care Reimbursement Fund by the member of the group in whose favor discrimination may not occur pursuant to Code Section 105 that elected to contribute the highest amount to the fund for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the fund equals the amount designated for the fund by the next member of the group in whose favor discrimination may not occur pursuant to Code Section 105 who has elected the second highest contribution to the Health Care Reimbursement Fund for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health Care Reimbursement Plan. The enrollment under the Cafeteria Plan shall constitute enrollment under this Health Care Reimbursement Plan. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 6.7 HEALTH CARE REIMBURSEMENT PLAN CLAIMS (a) All Medical Expenses incurred by a Participant shall be reimbursed during the Plan Year subject to Section 2.6, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. Medical Expenses are treated as having been incurred when the Participant is provided with the medical care that gives rise to the medical expenses, not when the Participant is formally billed or charged for, or pays for the medical care. (b) The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Health Care Reimbursement Fund for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Cafeteria Plan Benefit Dollars which have been allocated to the fund at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any health care plan covering the Participant and/or his Spouse or Dependents. (c) Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim within the 90 day period immediately following the end of the Plan Year, those Medical Expense claims shall not be considered for reimbursement by the Administrator. 15 (d) Reimbursement payments under this Plan shall be made directly to the Participant. The application for payment or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Health Care Reimbursement Fund, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. ARTICLE VII DEPENDENT CARE ASSISTANCE PROGRAM 7.1 ESTABLISHMENT OF PROGRAM This Dependent Care Assistance Program is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment- Related Dependent Care Expenses. All amounts reimbursed under this Dependent Care Assistance Program shall be paid from amounts allocated to the Participant's Dependent Care Assistance Account. 7.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan the terms below shall have the following meaning: (a) "Dependent Care Assistance Account" means the account established for a Participant pursuant to this Article to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Employment- Related Dependent Care Expenses of the Participant may be reimbursed. (b) "Dependent Care Assistance Program" means the program of benefits contained in this Article, which provides for the reimbursement of eligible expenses for the care of the Qualifying Dependents of Participants. (c) "Earned Income" means earned income as defined under Code Section 32(c )(2 ), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. (d) "Employment - Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services and for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Dependents with respect to such Participant. Employment - Related Dependent Care Expenses are treated as having V been incurred when the Participant's Qualifying Dependents are provided with the dependent care that gives rise to the Employment - Related Dependent Care Expenses, not when the Participant is formally billed or charged for, or pays for the dependent care. The determination of whether an amount qualifies as an Employment - Related Dependent Care Expense shall be made subject to the following rules: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment - Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(e)(1) (or deemed to be, as described in Section 7.2(e)(1) pursuant to Section 7.2(e)(3)), or for a Qualifying Dependent as defined in Section 7.2(e)(2) (or deemed to be, as described in Section 7.2(e)(2) pursuant to Section 7.2(e)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment - Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a dependent of such Participant or such Participant's Spouse. (e) "[qualifying Dependent" means, for Dependent Care Assistance Program purposes, (1) a Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one -half of such taxable year; or (3) a child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (f) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Assistance Program. 17 7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS The Administrator shall establish a Dependent Care Assistance Account for each Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Assistance Program benefits. 7.4 INCREASES INDEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be increased each pay period by the portion of Cafeteria Plan Benefit Dollars that he has elected to apply toward his Dependent Care Assistance Account pursuant to elections made under Article V hereof. 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be reduced by the amount of any Employment - Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Assistance Account, a Participant who incurs Employment - Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31 st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. 7.8 FORFEITURES The amount in a Participant's Dependent Care Assistance Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.9 LIMITATION ON PAYMENTS Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Assistance Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 18 7. 10 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Dependent Care Assistance Program that contributions or benefits not discriminate in favor of the group of employees in whose favor discrimination may not occur under Code Section 129(d). (b) It is the intent of this Dependent Care Assistance Program that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. (c) If the Administrator deems it necessary to avoid discrimination or possible taxation to a group of employees in whose favor discrimination may not occur in violation of Code Section 129 it may, but shall not be required to, reject any elections or reduce contributions or non - taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Assistance Account by the affected Participant that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the amount designated for the account equals the amount designated for the account of the affected Participant who has elected the second highest contribution to the Dependent Care Assistance Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited. 7.11 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Dependent Care Assistance Program. The enrollment and termination of participation under the Cafeteria Plan shall constitute enrollment and termination of participation under this Dependent Care Assistance Program. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 19 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS The Administrator shall direct the payment of all such Dependent Care Assistance claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for Employment - Related Dependent Care Expenses submit a statement which may contain some or all of the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; (d) If the services are being performed by a child of the Participant, the age of the child; (e) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center, a statement: (1) that the day care center complies with all applicable laws and regulations of the state of residence, (2) that the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) of the amount of fee paid to the provider. (h) If the Participant is married, a statement containing the following: (1) the Spouse's salary or wages if he or she is employed, or (2) if the Participant's Spouse is not employed, that (i} he or she is incapacitated, or 20 %Wl he or she is a full -time student attending an educational institution and the months during the year which he or she attended such institution. (i) If a Participant fails to submit a claim within the 90 day period immediately following the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS (a) Any claim for Benefits underwritten by Contracts shall be made to the Employer. If the Employer denies any claim, the Participant or beneficiary shall follow the Employer's claims review procedure. Any other claim for Benefits shall be made to the Administrator. If the Administrator denies a claim, the Administrator may provide notice to the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. If the Administrator does not notify the Participant of the denial of the claim within the 90 day period specified above, then the claim shall be deemed denied. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth: (1) specific references to the pertinent Plan provisions on which the denial is based; (2) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) an explanation of the Plan's claim procedure. (b) Within 60 days after receipt of the above material, the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may: (1) request a review upon written notice to the Administrator; (2) review pertinent documents; and (3) submit issues and comments in writing. (c) A decision on the review by the Administrator will be made not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the need to hold a hearing ), in which event a decision should be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the 21 Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on which the decision is based. (d) Any balance remaining in the Participant's Dependent Care Assistance Program or Health Care Reimbursement Plan as of the end of each Plan Year shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus. 8.2 APPLICATION OF BENEFIT PLAN SURPLUS Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but need not be, separately accounted for after the close of the Plan Year (or after such further time specified herein for the filing of claims) in which such forfeitures arose. In no event shall such amounts be carried over to reimburse a Participant for expenses incurred during a subsequent Plan Year for the same or any other Benefit available under the Plan; nor shall amounts forfeited by a particular Participant be made available to such Participant in any other form or manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall first be used to defray any administrative costs and experience losses and thereafter be retained by the Employer. ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION The operation of the Plan shall be under the supervision of the Administrator, It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power to administer the Plan in all of its details, subject, however, to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: (a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits by operation of the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided by operation of the Plan; 22 (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To provide Employees with a reasonable notification of their benefits available by operation of the Plan; (f) To approve reimbursement requests and to authorize the payment of benefits; and (g) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury regulations thereunder. 9.2 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 9.3 PAYMENT OF EXPENSES . Any reasonable administrative expenses shall be paid by the Employer unless the Employer determines that administrative costs shall be borne by the Participants under the Plan or by any Trust Fund which may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. 9.4 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of an independent third party Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the benefits Participants are entitled to and the circumstances under which insurance terminates. 23 9.5 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses ('including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. ARTICLE x AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 10.2 TERMINATION The Employer is establishing this Plan with the intent that it will be maintained for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. Benefits under any Contract shall be paid in accordance with the terms of the Contract. No further additions shall be made to the Health Care Reimbursement Fund or Dependent Care Assistance Account, but all payments from such fund shall continue to be made according to the elections in effect until 90 days after the termination date of the Plan. Any amounts remaining in any such fund or account as of the end of such period shall be forfeited and deposited in the benefit plan surplus after the expiration of the filing period. ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.11. 11.2 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they 24 shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any Treasury regulations thereunder relating to cafeteria plans. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 25 11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 11.9 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.1 0 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the Commonwealth of Virginia. 11.11 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.12 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 11.13 CONTINUATION OF COVERAGE Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan subject to the continuation coverage requirement of Code Section 4980E becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in Code Section 4980B, and related regulations. 26 11. 14 FAMILY AND MEDICAL LEAVE ACT Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.1 25 -3. 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with USERRA and the regulations thereunder. 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS (a) If the Health Care Reimbursement Plan under this Cafeteria Plan is subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards "), then this Section shall apply. (b) The Plan shall not disclose Protected Health Information to any member of the Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including information about treatment or payment for treatment. (c) Protected Health Information disclosed to members of the Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plan's administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. (d) The Plan shall disclose Protected Health Information only to members of the Employer's workforce who are authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. 27 (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plan's privacy officer. The privacy officer shall take appropriate action, including: W IF of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately- whether there is a pattern of breaches; and the degree of harm caused by the breach; appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (ill) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. (e) The Employer must provide certification to the Plan that it agrees to: (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; (3) Not use or disclose Protected Health Information for employment - related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; 28 (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; (7) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retaiwno copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(0(2)(iii) of the Privacy Standards and set out in (d) above. 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS Under the Security Standards for the Protection of Electronic Protected Health Information (45 CFR Part 164.300 et. seq., the "Security Standards"): (a) The Employer agrees to implement reasonable and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of Electronic Protected Health Information that the Employer creates, maintains or transmits on behalf of the Plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media. (b) The Employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information. (c) The Employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in Section 11.17. 29 IN WITNESS WHEREOF, this Plan document is hereby executed this day of WITNESSES AS TO EMPLOYER County of Roanoke EMPLOYER kill ACTION NO. ITEM NO. K -8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 28, 2611 Resolutions requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 766, Stable Road, Route 674, Clearbrook Lane and Route 676, Clearbrook Village Lane, Cave Spring Magisterial District Arnold Covey Director of Community Development B. Clayton Goodman III County Administrator W COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA'T'ION: Wal -Mart Real Estate Business Trust has completed reconstruction of three secondary highways as part of the site development for the Clearbrook Wal -Mart. Portions of Stable Road, Clearbrook Lane and Clearbrook Village Lane have been relocated and reconstructed to serve the development. A resolution from the Roanoke County Board of Supervisors is needed to abandon the old road facilities, which no longer serve the public need, and subsequently add the new road facilities to the secondary system of state highways. Virginia Department of Transportation (VDOT) form AM -4.3 is attached and describes the sections of old and new road facilities. A map showing the proposed changes is also attached. FISCAL IMPACT: None STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to abandon and subsequently add the referenced sections of Stable Road, Clearbrook Lane, and Clearbrook Village Lane in the secondary road system. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN - rER ON TUESDAY, JUNE 2S, 2011 RESOLUTION REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 766, STABLE ROAD, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted rig ht -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 RESOLUTION REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 674, CLEARBROOK LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page of AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28 2011 RESOLUTION REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT of TRANSPORTATION SECONDARY SYSTEM of STATE HIGHWAYS, ROUTE 575, CLEARBROOK VILLAGE LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 2 of 2 Woo'ooSSB- UojJ9nj0M'MMM OL06 (OLL) -j • 6660 auoyd L600C e16�000 `ylnlnd • OO[al!nS • 6enolred 1- 11- 6nS 9bL9 sJOdan[ng pue + sJa9ui6u3 6u.}�nsuo� 0 H • `3111ANOlN38 1Sflal SS3NISf18 31tl1S3 �V3a laVW -AVM °Jl8 VINIJbIA AiNnOO 3)IONVOH m O 0 o o 0 a W J J Lo 't J L 3 r m °° (v) o N ' o � O z J cc c+ W O O O 0 ° ` sal�tOossV � uoj.�anioAk O a31N30 J NIddOHS 30Vl�1A NOOEIPHV3�0 0 - � m co O 0 O O Z040CLa a31N30a3df1S;;�aewi O O z Z _ z z z z z z z \ H O 813!1 109 O 0 Q Q m Q Q o Q m Q / II Cm I I B .. 8 8 m R n 1 \ \ � yp� y1.1VF .. . 1 ` \ 1 \ a N \ 0 0 o 0 0 O 0 o o 0 a W J J Lo 't J L 3 J I N N J Ln � oo J � r/l N J o) O N J cc c+ W O O O O O O O co O O O O O O O z Z _ z z z z z z z H O O O 0 Q Q m Q Q Q m Q Q m Q Q Q m Q Q W c C] c 'ro, w z Q Y't W z Q Y� W z Q Y't Ld CD ¢� J_ l- B CD LEI CD ¢� J r- K j C.o —, � Li -1 O O O (-C Ocn OC/) 0 m Q� U m Q� U) oe� m� Q Ld __J U ow� m 0 Q LJ _j U af m af Q LJ J U O 0' W Of z Q Q Ld U O [If W Z � Q Q LLj U \ / \ O 01' Nid \ n `+ ob ck 1 $8� �Ab 9 } ti \ ° o I �S SS e e 0 4 I s \ I �0 N i I 1 i0.4 60 1 I I Y 1 I I I I I III I I ;s�� " oft oaz ��d � 90\f0 ��a" d 1 � \ 1 I )�y ,80[[6 gg �d 1 I I L9 `3d Cl9 ®p I •., i ' -' _ - I r(3 I £tiy od t[a £o £ ry L eo Bq 'wd I I I --- II I I I ---------------------------------------- In_the_�o ---- -- ----- m Roanoke_--------------------.___________-_---- By resolution of the governing body adopted June 28, 2011 The following rVDOT Form AM - -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Offi cial): Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change: Pursuant to Code of Virginia Statute: Developer Project - Section 33.1 -155 §33.1 -155 St reet Name and/or Route Number Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 ---------------------------------------------- / From: 0.10 mi E Intersection at Route 220 To: 0.14 mi E Intersection at Route 220, a distance of: 0.04 miles. Street Name and/or Route Number Stable Road, State Route Number 766 Old Route Number: 766 / From: Intersection at Rte. 220 N To: 0.16 mi N on Rte. 766, a distance of: 0.16 miles. Street and /or Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 / From: 0.46 mi. N intersection Rte 220 To: 0.50 mi. N intersection Rte 220, a distance of: 0.04 miles. 5 t [Qgt Name pndlQr R Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.50 mi. N intersection rte 220 To: 0.67 mi. N intersection rte 220, a distance of: 0.17 miles. VDOT Form AM -4.3 (4 20 2007) Maintcnancc Di isiom Date of Resolution: June 28, 2011 Page 1 of 2 Report of Changes in the Secondary System of State Highways Project/Subdivision Clearbrook Walmart Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Developer relocated VDOT roadway Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and/or Route Number Clearbrook Lane, State Route Number 674 Old Route Number: 674 • From: 0.46 mi N Intersection Rte 220 To: 0.50 mi N Intersection Rte 220, a distance of: 0.04 miles. Recordation Reference: N/A Right of Way width (feet) = 40 ft plus Street Name and /or Route Number + Stable Road, State Route Number 766 Old Route Number: 766 ■ From: Intersection at Route 220 To: 0.'10 mi E, a distance of: 0.'10 miles. Recordation Reference: N/A Right of Way width (feet) = 50 & var Street Name and/or Route Number Clearbrook Village Lane, State Route Number 675 Old Route Number: 675 ■ From: 0.1 0 mi E int. Rte 220 To: 0.'13 mi E int. Rte 220, a distance of: 0.03 miles. Recordation Reference: NIA Right of Way width (feet) = 90 ft plus VD0T Form AM -4.3 (4-20 2007) Maintt:nancL: Division Date of Resolution: Page 2 of 2 ACTION NO. ITEM NO. K -9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA'rE: June 28, 2911 AGENDA ITEM: Request to authorize amendments to Deferred Compensation Section 457 Plan SUBMITTED BY: Rebecca Owens Director Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Since the early 1980's the County has offered a Deferred Compensation Plan to employees. All full -time employees are eligible to participate in the County's deferred compensation plan. Employers are required to maintain a "Plan Document" that explains how - the plan will be administered. The Deferred Compensation Plan is administered by Nationwide Retirement Solutions. The plan document was amended by the Board of Supervisors April 9, 2992, to incorporate changes mandated by Federal legislation including modifications to facilitate greater ease on behalf of employees to plan for and fund retirement. Nationwide Retirement Solutions has updated our "Plan Document" to incorporate recent legislative and regulatory changes into the plan which include rule changes that affect administrative procedures, beneficiary rule changes, and language that addresses participants who are involved with military service. A copy of the Plan Document is included in your agenda packet (Attachment A). The proposed amendments stem from the Pension Protection Act (PPA) of 2998. "Final Regulations under Section 415" of the Internal Revenue Code from April of 2997, HEART Act of 2008 (Heroes Earnings Assistance and Relief Tax), and the Worker, Retiree and Employer Recovery Act of 2008. Government regulations require that employers under this plan incorporate the required changes no later than December 31, 2011. An overview Page 1 of 2 of the proposed substantive revisions to the plan documents are outlined in Attachment B. Currently participants of the deferred compensation plan have access to Nationwide ProAccount. ProAccount is currently available through our plan and is a discretionary managed account service for deferred compensation plan participants who desire professional guidance in managing their self - directed deferred compensation plan accounts. ProAccount offers individualized investment advice easing an investment process developed and maintained by an independent financial expert. Plan participants that elect this service are subject to a maximum annual fee of up to one percent (1.00 %) of their ProAccount assets. ProAccount is offered by Nationwide Investment Advisors, LLC an investment advisor registered with the Securities and Exchange Commission. Attachment C is the ProAccount Plan sponsor Agreement which outlines the terms of the agreement. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator and/or other trustees of the plan to sign the plan sponsor signature page authorizing the amendments to the deferred compensation plan document and agreeing to the terms of the Nationwide ProAccount Plan Sponsor Agreement (Attachment D). Page 2 of 2 Nationweide7 Retirement Solutions a Nationwide Financial" company NFRM- 8344AC) (02111) c? p7 e4>A-k%Tb t:-a VA (Marne of Employer) DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES 457 GOVERNMENTAL PLAN AND TRUST Document provided as a courtesy of: Nationwide Ret'irements-olutions On Your Sidi' 457 Governmental Plan and Trust 457 GOVERNMENTAL PLAN AND TRUST The Employer adopts this 457 Governmentai Plan and Trust. The Plan is intended to be an "eligible deferred compensation plan" as defined in Code §457(b) of the Internal Revenue Code of 1986 ( "Eligible 457 Plan "). The Plan consists of the provisions set forth in this plan document and is applicable to the Employer and each Employee who elects to participate in the flan. If the Employer adopts this Plan as a restated Plan in substitution for, and in amendment of, an existing plan, the provisions of this Plan, as a restated Plan, apply solely to an Employee on or after the execution of this Plan. The Plan is effective as to each Employee upon the date he/she becomes a Participant by entering into and filing with the Employer or the Administrative Services Provider a Participation Agreement or an Acknowledgement Forni/Card. ARTICLE I DEFINITIONS 1.06 "Cade" means the Internal Revenue Code of 1986, as amended, 1.07 "Compensation" for purposes of allocating Deferral Contributions means the employee's wages, salaries, fees for professional services, and other amounts received without regard to whether or not an amount is paid in cash for personal services actually rendered in the course of employment with the Employer to the extent that the amounts are includible in gross income (or to the extent amount would have been received and includible in gross income but for an election under Code §§ 125(a), 132(0(4), 402(e )(3), 402(h )(1 )(B), 402(k), and 457(b), including an election to defer Compensation under Article III. See Section 1.1 6 as to Compensation for an Independent Contractor, Compensation also includes any amount that the Internal Revenue Service in published guidance declares to constitute compensation for purposes of an Eligible 457 Plan. 1.01 "Account" means the separate Account(s) which the Administrative Services Provider or the Trustee maintains under the Plan for a Participant's Deferred Compensation. The Administrative Services Provider or Trustee may establish separate Accounts for multiple Beneficiaries of a Participant to facilitate required minimum distributions under Section 4.03 based on each Beneficiary's life expectancy. 1.02 "Accounting Date" means the last day of the Plan Year. 1.03 "Acknowledgement Form /Card" means the application to the Administrative Services Provider to participate in the Plait when the Plan is a Social Security replacement plan. 1.04 "Administrative Services Provider" means Nationwide Retirement Solutions, Inc. which acts as the third party administrative services Provider appointed by the Employer to cant' out nondiscretionary administrative functions for the Plan. 1.05 Beneficiary" means a person who the Plan or a Participant designates and who is or may become entitled to a Participant's Account upon the Participant's death. A Beneficiary who becomes entitled to a benefit under the Plan remains a Beneficiary under the Plan until the Beneficiary has received full distribution of his/her Plan benefit. A Beneficiary's right to (and the Administrative Services Provider's or a Trustee's duty to provide to the Beneficiary) information or data concealing the Plan does not arise until the Beneficiary first becomes entitled to receive a benefit under the Plan. (A) Elective Contributions. Compensation under Section 1.07 includes Elective Contributions. "Elective Contributions" are amounts excludible from the Employee's gross income under Code §§125. 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 408(p) or 457, and contributed by the Employer, at the Employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a 401(k) arrangement, a SARSEP, a tax- sheltered annuity, a SIMPLE plan or a Code § 457 plan. (B) Differential wage payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined by Code § 3401(h)(2), shall be treated as an employee of the employer making the payment; (ii) the differential wage payment shall be treated as compensations and (iii) the plan will not be treated as failing to meet the requirements of any provision described in Code §414(u )(1 )(C) by reason of any contribution or benefit which is based on the differential wage payment. 1.08 "Deferral Contributions" means Salary Reduction Contributions, Nonetective Contributions and Matching Contributions. The Employer or the Administrative Services Provider (if applicable) in applying the Code § 457(b) limit will take into account Deferral Contributions in the Taxable Year in which deferred. The Employer or Administrative Services Provider (if applicable) in determining the amount of a Participant's Deferral Contributions disregards the net income, gain and loss attributable to Deferral Contributions. 1.09 "Referred Compensation" means as to a Participant the amount of Deferral Contributions, 0 Copyright 2010 SunGard 1110 1 457 Governmental Plan and Trust Rollover Contributions and Transfers adjusted for allocable net income, gain or loss, in the Participant's Account. 1.10 `Effective Date" of this Plan is the date indicated on the execution line unless the Code, Treasury regulations, or other applicable guidance provides otherwise. 1.11 "Employee" means an individual who provides services for the Employer, as a common late employee of the Employer. See Section 1.16 regarding potential treatment of an Independent Contractor as an Employee. 1.12 "Employer" means an employer who adopts this Plan by executing the Plan. 1.13 "Employer Contribution" means Nonelective Contributions or Matching Contributions. 1.14 "Excess Deferrals" means Deferral Contributions to an Eligible 457 Plan for a Participant that exceed the Taxable Year maximum limitation of Code § §457(b) and (e )(18). 1.15 ` { Includible Compensation" means, for the Employee's Taxable Year, the Employee's total Compensation within the meaning of Code § 415(c )(3) paid to an Employee for services rendered to the Employer. Includible Compensation includes Deferral Contributions under the Plan, compensation defeiTed under any other plan described in Code §457, and any amount excludible from the Employee's gross income under Code § §401(k), 403(b), 125 or 132(f)(4) or any other amount excludible from the employee's gross income for Federal income tax purposes. The Employer will determine Includible Compensation without regard to community property laws. 1.16 "Independent Contractor" means any individual who performs service for the Employer and who the Employer does not treat as an Employee or a Leased Employee. The Employer may permit Independent Contractors to participate in the Plan. To the extent that the Employer permits Independent Contractor participation, references to Employee in the Plan include Independent Contractors and Compensation means the amounts the Employer pays to the Independent Contractor for services. 1.17 `Leased Employee" means an Employee within the meaning of Code § 414(n). 1.18 "Matching Contribution" means an Employer fixed or discretionary contribution made or forfeiture allocated on account of Salary Reduction Contributions. The Employer may provide for matching contributions. 1.19 " Nonelective Contribution" means an Employer fixed or discretionary contribution not made as a result of a Participation Agreement and which is not a Matching Contribution. The Employer may provide for nonelective contributions. 1.20 "Normal Retirement Age" means the age designated by the Participant unless the Employer designates in writing a Normal Retirement Age. The Normal Retirement Age designated by the Participant or Employer shall be no earlier than age 65 or the age at which Participants have the right to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. The Normal Retirement Age also shall not exceed age 70%. Special Kale for Eligible Plana of Qualif Police or Firefighters. A Participant who is a qualified police officer or firefighter as defined under Code §415(b )(2 )(H )(ii)(1) may designate a Formal Retirement Age between age 44 and age 70 l2. 1.21 "Participant" is an Employee who elects to participate in the Plan in accordance with the provisions of Section 2.01 or an individual who has previously deferred Compensation under the Plan by a Participation Agreement and has not received a complete distribution of his/her Account. 1.22 11 Participatian Agreement" means the agreement to enroll and participate in the Plan that is completed by the Participant and provided to the Administrative Services Provider. The Participation Agreement is the agreement, by which the Employer reduces the Participant's Compensation far contribution to the Participant's Account. 1.23 "Plan" means the 457 plan established or continued by the Employer in the form of this Plan and (if applicable) Trust Agreement. All section references within the flan are Plan section references unless the context clearly indicates othenvi se. 1.24 "Platy Entry Date" means the date on which an Employee completes and files a Participation Agreement with the Administrative Services Provider. 1.25 "Plan Year" means the calendar year. 1.26 "Rollover Contribution' means the amount of cash or property which an eligible retirement plan described in Code §402(c )(B) distributes to an eligible Employee or to a Participant in an eligible rollover distribution under Code §402(c )(4) and which the eligible Employee or Participant transfers directly or indirectly to an 2 vio �~ 457 Governmental Plan and Trust Eligible 457 Plan. A Rollover Contribution includes net income, gain or loss attributable to the Rollover Contribution. ''A Rollover Contribution excludes after -tax Employee contributions, as adjusted for net income, gain or loss_ 1.27 "Salary Reduction Contribution" means a contribution the Employer males to the Plan pursuant to a Participation Agreement. 1.25 s`Service" means any period of time the Employee is in the employ of the Employer. In the case of an Independent Contractor, Service means any period of time the Independent Contractor performs services for the Employer on an independent contractor basis. An Employee or Independent Contractor terminates Service upon incurring a Severance from Employment. (A) Qualified Military Service, Service includes any qualified military service the Plan must credit for contributions and benefits in order to satisfy the crediting of Service requirements of Code §414(u). A Participant whose employment is interrupted by qualified military service under Code §414(u) or who is on a leave of absence for qualified military service under Code §414(u) may elect to make additional Salary Reduction Contributions upon resumption of employment with the Employer equal to the maximum Deferral Contributions that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption of leave, reduced by the Deferral Contributions, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). The Employer shall make appropriate make- up Nonelective Contributions and Matching Contributions for such a Participant as required under Code §414(u). The Plan shall apply limitations of Article III to all Deferral Contributions under this paragraph with respect to the year to which the Deferral Contribution relates. (B) "Continuous Service" means Service with the Employer during which the Employee does not incur a Severance from Employment. (2) Independent Contractor. An Independent Contractor has a Severance from Employment when the contract(s) under which the Independent Contractor performs services for the Employer expires (or otherwise terminates), unless the Employer anticipates a renewal of the contractual relationship or the Independent Contractor becoming an Employee. The Employer anticipates renewal if it intends to contract for the services provided under the expired contract and neither the Employer nor the Independent Contractor has eliminated the Independent Contractor as a potential provider of such services under the new contract. Further, the Employer intends to contract for services conditioned only upon the Employer's need for the services provided under the expired contract or the Employer's availability of funds. Notwithstanding the preceding provisions of this Section 1.25, the Administrative Services Provider will consider an Independent Contractor to have incurred a Severance from Employment: (a) if the Administrative Services Provider or Trustee will not pay any Deferred Compensation to an Independent Contractor who is a Participant before a date which is at least twelve months after the expiration of the Independent Contractor's contract (or the last to expire of such contracts) to render Services to the Employer; and (b) if before the applicable twelve -month payment date, the Independent Contractor performs Service as an Independent Contractor or as an Employee, the Administrative Services Provider or Trustee will not pay to the Independent Contractor his/her Deferred Compensation on the applicable date. (3) Uniformed Services. for purposes of distributions to an individual in the uniformed services, such individual will be treated as incurring a Severance from Employment during any period the individual is performing service in the uniformed services described in Code § 3401(h)(2)(A). However, the plan will not distribute the benefit to such an individual without that individual's consent, so long as the individual is receiving differential wage payments. If an individual elects to receive a distribution under this provision, the individual may not make an elective deferral or employee contribution during the 6 -month period beginning on the date of the distribution, P " Severance from Employment." (1) Employee. An Employee has a Severance from Employment when the Employee ceases to be an Employee of the Employer. A participant does not incur a Severance from Employment if, in connection with a change in employment, the Participant's new employer continties or assumes sponsorship of the Plan or accepts a Transfer of Plan assets as to the Participant. 1.29 "State" means (a) one of the 50 states of the United States or the District of Columbia, or (b) a political subdivision of a State, or any agency or instrumentality of a State or its political subdivision. A State does not include the federal government or any agency or instrumentality thereof. 1.30 "Taxable Year" means the calendar year or other taxable year of a Participant. 0 Copyright 2010 SunGard m o 3 457 Governmental plan and Trust 1.31 "Transfer" means a transfer of Eligible 457 Plan assets to another Eligible 457 Plan which is not a Rollover Contribution and which is made in accordance with Section 9.03. 1.32 `Trust" means the Trust created under the adopting Employer's Plan. The Trust created and established ender the adopting Employer's Plan is a separate Trust, independent of the trust of any other Employer adopting this Eligible 457 Plan and is subject to Article VIII. 1.33 `Trustee" means the person or persons designated by the Employer to serge in the position of Trustee. ARTICLE II PARTICIPATION IN PLAN 2,01 ELIGIBILITY Each Employee becomes a Participant in the Plan as soon as he/she completes and files a Participation Agreement. If this Plan is a restated Plan, each Employee who was a Participant in the Plan on the day before the Effective Date continues as a Participant in the Plan. 2.02 PARTICIPATION UPON RE- EMPLOYMENT. A Participant Nvho incurs a Severance from Employment will re -enter the Plan as a Participant on the date of his/her re- employment. 2,03 SPECIAL ELIGIBILITY PROVISIONS FOR PARTICIPANTS IN A PLAN USED AS A SOCIAL SECURITY REPLACEMENT PLAN Nottivithstanding any provision to the contrary, the provisions of this Section 2.03 will apply if the Employer elects in a written agreement with the Administrative Services Provider to use the Plan as a Social Security replacement plan. If the Plan is used as a Social Security replacement plan, the provisions of Sections 4,05(x) and 5.03 will not apply. (A) Eligibility to participate for new Employees. A new Employee shall, as a condition of employment participate in the Plan sign and file with the Administrative Services Provider an Acknowledgement Fon /Card and thereby consenting to a reduction of salary by the amount of the Referral Contribution specified in the Acknowledgement Form/Card. Contributions to the Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(P) and Treas. Reg, 31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin immediately thereafter. (B) Eligibility to participate for current Employees. An Employee who is newly eligible to participate in the Plan shall, prior to becoming eligible to participate in the Plan, sign and file with the Administrative Services Provider an Acknowledgement Form/Card and thereby consent to a reduction of salary by the amount of the ]deferral Contribution specified in the Acknowledgement Form/Card. Allocations to the Participant's Account must equal at least 7.5% of the Participant's Compensation or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3I21(b)(7)(F) and Treas. Reg. §31.3121(b)(7) -2, and the reduction in the Participant's salary shall begin no earlier than the first pay period commencing during the first month after the date on which the Acknowledgement Form/Card is filed with the Administrative Services Provider. (C) Takeover Plans. If the Plan is a restated Plan, an Employee who participated in the predecessor plan shall become a Participant in the Plan upon the Employer's execution of the enabling documents for this Plan. Allocations to each such Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. §31.3121(b)(7) -2, and the reduction in the Participant's salary shall begin immediately thereafter. ARTICLE III DEFERRAL CONTRIBUTIONSILIMITATIONS 3.01 AMOUNT (A) Contribution Formula. For each Plan Year, the Employer will contribute to the Plan the amount of Referral Contributions the Employee elects to defer under the Plan. (B) Return of Contributions. The Employer contributes to this Plan on the condition its contribution is not due to a mistake of fact. If any Participant Salary Reduction Contribution is due to a mistake of fact, the Employer or the Trustee upon written request from the Employer will return the Participant's contribution, within one year after payment of the contribution. The Trustee may require the Employer to furnish it whatever evidence the Trustee deems necessary to enable the Trustee to confu n the amount the Employer has requested be returned is properly returnable. (C) Time of Payment of Contribution. An Employer will deposit Salary Reduction Contributions to the Trust within a period that is not longer than is reasonable for the administration of Participant Accounts. Neither the Administrative Services Provider nor the Trustee is responsible for the delay of deposits of Salary Reduction Contributions caused by the Employer. 4 mo 457 Governmental Plan and Trust 3.02 SALARY REDUCTION CONTRIBU- TIONS The Plan does not apply any limitations on Salary Reduction Contributions other than the limitations applicable under the Code. (A) Deferral from Sick, vacation and Back Pay. Participants may make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation pay or from back pay. (B) Application to Leave of Absence - and Disability. The Participation Agreement will continue to apply during the Participant's leave of absence or the Participant's disability (as the Employer shall establish), if the Participant has Compensation other than imputed compensation or disability benefits. (C) Post - severance deferrals limited to Post - Severance Compensation. Deferral Contributions are permitted from an amount received following Severance from Employment only if the amount is Post - Severance Compensation. Post- Severance Compensations defined. Post - Severance Compensation includes the amounts described in (1) and (2) below, paid after a Participant's Severance from Employment with the Employer, but only to the extent such aniounts are paid by the later of 2%i months after Severance from Employment or the end of the calendar year that includes the date of such Severance from Employment. (1) Regular pay. Post - Severance Compensation includes regular pay after Severance of Employment if (i) the payment is regular compensation for services during the Participant's regular working hours, or compensation for services outside the Participant's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments; and (Ii) the payment would have been paid to the Participant prior to a Severance from Employment if the Participant had continued in employment with the Employer. (2) Leave cashouts. Post - Severance Compensation includes leave cashouts if those amounts would have been included in the definition of Compensation if they were paid prior to the Participant's Severance from Employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the Participant would have been able to use the leave if employment had continued. (3) Salary continuation payments for military service Participants. Post - Severance Compensation includes payments to an individual who does not currently perform services for the Employer by reason of Qualified Military Service (as described in Code §414(u)(1)) to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service. Limitation on Post - Severance Compensation. Any payment of Compensation paid after Severance of Employment that is not described in Section 3.02(C )(1) or 3.02(C)(2) is not Post - Severance Compensation, even if payment is made by the later of 2Y2 months after Severance from Employment or by the end of the calendar year that includes the date of such Severance of Employment. 3.03 NORMAL LIIVIITATION. Except as provided in Sections 3.04 and 3.05, a Participant's maximum DefelTal Contributions (excluding Rollover Contributions and Transfers) under this Plan for a Taxable Year may not exceed the lesser of: (a) The applicable dollar amount as specified under Code §457(e)(15) (or, beginning January 1, 2006) such larger amount as the Commissioner of the Internal Revenue may prescribe), or (b) 100% of the Participant's Includible Compensation for the 'taxable Year. 3.04 NORMAL RETIREMENT ACE CATCH-UP CONTRIBUTION. For one or more of the Participant's last three Taxable Years ending before the Taxable Year in which the Participant attains Normal Retirement Age, the Participant's maximum Deferral Contributions may not exceed the lesser of; (a) Twice the dollar amount under Section 3.03 normal limitation, or (b) the underutilized limitation. (A) Underutilized Limitation. A Participant's underutilized limitation is equal to the strm of: (i) the normal limitation for the Taxable Year, and (ii) the normal limitation for each of the prior Taxable Years of the Participant commencing after 1978 during which the Participant was eligible to participate in the Plan and the Participant's Deferral Contributions were subject to the normal limitation or any other Code § 457(b) limit, less the amount of Deferral Contributions for each such prior Taxable Year, excluding age 50 catch -up contributions. (B) Multiple 457 Plans. If the Employer maintains more than one Eligible 457 Plan, the Plans may not permit any Participant to have more than one Normal Retirement Age under the Plans. (C) Pre -2002 Coordination. In determining a Participant's underutilized limitation, the 0 Copyright 2010 SunGard i f i d 5 457 Governmental Plan and Trust coordination rule in effect under now repealed Code §457(c)(2) applies. Additionally, the normal limitation for pre -2002 Taxable Years is applied in accordance with Code § 457(b)(2) as then in effect. 3.05 AGE 50 CATCH -UP CONTRIBUTION. Ali Employees who are eligible to make Salary Reduction Contributions under this Plan and who have attained age 54 before the close of the Taxable Year are eligible to make age 50 catch- up contributions for that Taxable Year in accordance with, and subject to the limitations of, Code § 414(v). Such catch -up contributions are not taken into account for purposes of the provisions of the plan implementing the required limitations of Code § 457. If, for a Taxable Year, an Employee makes a catch- up contribution under Section 3.04, the Employee is not eligible to make age 50 catch -up contributions under this Section 3.05. A catch -up eligible Participant in each Taxable Year is entitled to the greater of the amount determined under Section 3.04 or Section 3.05 catch -up amount plus the Section 3.03 normal limitation. 3.06 CONTRIBUTION ALLOCATION. The Administrative Services Provider will allocate to each Participant's Account his/her Deferral Contributions. 3.07 ALLOCATION CONDITIONS. The Plan does not impose any allocation conditions. 3.08 ROLLOVER CONTRIBUTIONS. The Plan permits Rollover Contributions. (A) Operational Administration. The Employer, operationally and on a nondiscriminatory basis, may elect to permit or not to permit Rollover Contributions to this Plan or may elect to limit an eligible Employee's right or a Participant's right to make a Rollover Contribution, If the Employer permits Rollover Contributions, any Participant (or as applicable, any eligible Employee), with the Employer's written consent and after filing with the Tt the form prescribed by the Administrative Services Provider, may make a Rollover Contribution to the Trust. Before accepting a Rollover Contribution, the Trustee may require a Participant (or eligible Employee) to furnish satisfactory evidence the proposed transfer is in fact a "Rollover Contribution" which the Code permits an employee to make to an eligible retirement plan. The Trustee, in its sole discretion, may decline to accept a Rollover Contribution of property which could: (1) generate unrelated business taxable income; (2) create difficulty or undue expense in storage, safekeeping or valuation; or (3) create other practical problems for the Trust. (B) Pre - Participation Rollover. If an eligible Employee makes a Rollover Contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Administrative Services Provider and Trustee must treat the Employee as a limited Participant (as described in Rev. Rul. 96 -48 or in any successor ruling). If a limited Participant has a Severance from Employment prior to becoming a Participant in the Plan, the Trustee grill distribute his/her Rollover Contributions Account to the limited Participant in accordance with Article 3V. (C) Separate Accounting. If an Employer permits Rollover Contributions, the Administrative Services Provider must account separately for: (1) amounts rolled into this Plan from an eligible retirement plan (other than from another Eligible 457 plan); and (2) amounts rolled into this Plan fiorn another Eligible 457 Plan. The Administrative Services Provider for purposes of ordering any subsequent distribution from this Plan may designate a distribution from a Participant's Rollover Contributions as coming first from either of (1) or (2) above if the Participant has both types of Rollover Contribution Accounts. 3.09 DISTRIBUMN OF EXCESS DEFERRALS. In the event that a Participant has Excess Deferrals, the Plan will distribute to the Participant the Excess Deferrals and allocable net income, gain or loss, in accordance with this Section 3.09. The Administrative Services Provider will distribute Excess Deferrals from an Eligible 457 Plan as soon as is reasonably practicable following the Administrative Services Provider's or Employer's determination of the amount of the Excess Deferral. (A) Plan Aggregation. If the Employer maintains more than one Eligible 457 Plan, the Employer must aggregate all such Plans in determining whether any Participant has Excess Deferrals. (B) Individual Limitation. if a Participant participates in another Eligible 457 Plan maintained by a different employer, and the Participant has Excess Deferrals, the Administrative Services Provider may, but is not required, to correct the Excess Deferrals by making a corrective distribution from this Plan. 3.10 DOLLAR LIMITS The table below shows the applicable dollar amounts described in paragraph 3.03(a) and limitations on age 50 catch -up contributions described in Section 3.05. These amounts are adjusted after 2006 for changes in the cost -of ✓ living to the extent permitted in Code § 415(d). 6 lllo 457 Governmental Plan and Trust Year Applicable Dollar 'Amount Age 50+ Catch -up Contribution Limitation 2002 $11 fl00 $ 1,004 2003 $ 12,000 $2,004 2004 $13,000 $3,000 2045 $ 14,000 $4 2006 $ 15,000 $5 AR'T'ICLE IV TIME AND ME'T'HOD OF PAYMENT OF BENEFITS 34 days before the date the Participant first would be eligible to commence payment of the Participant's Account. The Administrative Services Provider must furnish to the Participant a form for the Participant to elect the time and a method of payment. 4.03 RECUIRED MINIMUM DISTRIBU- TIONS The Administrative Services Provider may not distribute nor direct the 'trustee to distribute the Participant's Account, nor may the Participant elect any distribution his/her Account, under a method of payment which, as of the required beginning date, does not satisfy the minimum distribution requirements of Code § 401(a)(9) or which is not consistent with applicable 'treasury regulations. 4.01 DISTRIBUTION RESTRICTIONS Except as the Plan provides otherwise, the Administrative Services Provider or Trustee may not distribute to a Participant his/her Account prior to the Participant's Severance from Employment, the calendar year in which the Participant attains age 70%2, or such other event for which federal legislation is enacted or regulatory relief granted permitting the Plan to make distributions to qualifying Participants. (A) Distribution of Rollover Contributions. To the extent the Employer permits Rollover Contributions (but not Transfers) to this Plan, a Participant may receive a distribution of such Rollover Contributions without regard to the restrictions found in this Section 4.01. 4.02 TIME AND METHOD OF PAYMENT OF ACCOUNT The Administrative Services Provider, or Trustee at the direction of the Administrative Services Provider, will distribute to a Participant who has incurred a Severance from Employment the Participant's Account under one or any combination of payment methods elected by the Participant. The Participant may elect one of the following methods of payment: (1) lump sum payment, (2) partial lump sum payment, (3) installment, or (4) an annuity. In no event will the Administrative Services Provider direct (or direct the Trustee to commence) distribution, nor will the Participant elect to have distribution commence, later than the Participant's required beginning date, or under a method that does not satisfy Section 4.03. Subject to any restrictions imposed by the Participant's investment providers and the Administrative Services Provider, the Participant: (1) may elect to commence distribution no earlier than is administratively practical following Severance from Employment; (2) may elect to postpone distribution of his/her Account to any fixed or determinable date including, but not beyond, the Participant's required beginning date; and (3) may elect the method of payment. A Participant may elect the timing and method of payment of his/her Account no later than (A) General Rules, ( 1 ) Precedence. The requirements of this Section 4.03 will take precedence over any inconsistent provisions of the Plan. (2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section 4,03 will be determined and made in accordance with the Treasury regulations under Code § 401(a )(9). (B) Tinke and Manner of Distribution (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. (2) Death of Participant Before Distribution Begins. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (a) Souse Designated Ben ef cia . If the Participant's surviving spouse is the Participant's sole designated Beneficiary, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70%, if later, (b) Non- Spouse Designated Beneficiary If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (c) No Designated Beneficiary If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed by Q Copyright 2010 SunGard l! I O 7 457 Governmental Plan and Trust December 31 of the calendar year containing the fifth anniversary of the Participant's death. (d) _Death of 5 ouse If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 4.03(B)(2) other than Section 4.03(B)(2)(a), wilt apply as if the surviving spouse were the Participant. For purposes of this Section 4.03(B) and Section 4.03(D), unless Section 4.03(B)(2)(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section 4.03(B)(2)(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a), the date distributions are considered to begin is the date distributions actually commence. (3) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 4.03(C} and 4.03(D If the Participant's interest is distributed to the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 4.01(a)(9) of the Code and the Treasury regulations, (C) Required Minimum Distributions during Participant's Lifetime. (1) amount of Required Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum arnount that will be distributed for each distribution calendar year is the lesser of; (a) ULT. The quotient obtained by dividing the Participant's account balance by the number in the uniform Life Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant's attained age as of the Participant's birthday in the distribution calendar year; or (b) Youn er Spouse. If the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. (2) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 4.03(0) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's dare of death. (D) Required Minimum Distributions after Participant's Death. (1) Death On or After Distributions Begirt. (a) Participant Survived b Iesi ated Beneficiarv, If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for the distribution calendar year of the Participant's death is obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant. The Participant's remaining life expectancy is calculated using the attained age of the Participant as of the Participant's birthday in the calendar year of death. For each distribution calendar year after the year of the Participant's death, the minimum amount that will be distributed is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary. (b) No _ Designated Benef ic� If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 34 of the calendar year after the calendar year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the calendar year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the attained age of the Participant as of the Participant's birthday in the calendar year of death, reduced by one for each subsequent calendar year. (2) Death before Date Distributions Begin. (a) Participant Survived by Designated Beneficia , If the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 4.03(D)(1). 8 1110 457 Governmental Plan and Trust (b) No Designated Ben ef Diary If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 0f the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (c) Death of Surviving Spouse Before Distributions to Surviving_ Spouse Are Required to Begin If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a), this Section 4.03(D)(2) will apply as if the surviving spouse were the Participant. (E) Definitions (1) Designated Beneficiary, The individual who is designated as the Beneficiary under the Plan and is the designated beneficiary under Code §401(a)(9) and Treas. Reg. § 1.401(a)(9) -1, Q &A -4. (2) Distribution calendar year. A distribution calendar year weans a calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year 7s the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which the distributions are required to begin under Section 4.03(B)(2). The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 3l of that distribution calendar year. (3) Life expectancy. Life expectancy as computed by use of the Single Life Table in Treas. Reg. § 1.401 (a)(9) -9. (4) Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any Rollover Contributions or Transfers to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or ti P n the valuation calendar year. (5) Required beginning date. A Participant's required beginning date is the April 1 of the calendar year following the later of; (1) the calendar year in which the Participant attains age 70%, or (2) the calendar year in which the Participant retires or such other date under Code § 401(a)(9) by which required minimum distributions must commence. (F) General 2009 waiver. The requirements of Code § 401(a)(9) and the provisions of the Plan relating thereto, will not apply for the distribution calendar year 2009. (1) Special rule regarding waiver period. For purposes of Code § 401(a)(9) and the provisions of the Plan relating thereto: (a) the required beginning date with respect to any individual will be determined without regard to this Article IV for purposes of applying Code § 401(a)(9) for distribution calendar years other than 2009; and (b) if the 5 -year rule of Code § 401(a)(9)(B)(H) applies, the 5 -year period described therein shall be determined without regard to calendar year 2009, (2) Eligible rollover distributions. If all or any portion of a distribution during 2009 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under Code § 401(a)(9) had applied during 2009, then the Plan wil [ not treat such distribution as an eligible rollover distribution for purposes of the direct rollover rules of Code § 401(a)(31), the notice requirements of Code §402(f), or the 20% withholding requirement of Code §3405(c). (3) Participant may elect. The Plan will permit an affected Participant to elect whether to receive his/her RMD distribution for 2009. If the Participant fails to notify the Administrative Services Provider of his/her waiver, the Plan will distribute the 2009 RMD to the Participant. 4.04 DEATH BENEFITS Upon the death of the Participant, the Administrative Services Provider must pay or direct the Trustee to pay the Participant's Account in accordance with Section 4.03. Subject to Section 4.03, a Beneficiary may elect the tim7ng and method of payment in the same manner as a Participant may elect under Section 4.02, if such elections apply. In the case of a death occurring on or after January 1, 2007, if a participant dies while performing qualified military service (as defined in Code § 414(u)), the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the participant 0 Copyright 2010 SunGard 1/14 9 457 Governmental Plan and Trust had resumed and then terminated employment on account of death. 4.05 DIS'IRBUTIONS PRIOR TO SEVER - ANCE FROM EMPLOYMENT. Notwithstanding the Section 4.01 distribution restrictions, the Plan permits the following in- service distributions in accordance with this Section, (A) unforeseeable Emergency. In the event of a Participant's unforeseeable emergency, the Administrative Services Provider may make a distribution to a Participant who has not incurred a Severance from Employment. An unforeseeable emergency is a severe financial hardship of a Participant or Beneficiary resulting from: (1) illness or accident of the Participant, the Participant's Beneficiary, or the Participant's spouse or dependent (as defined in Code § 152, and, for taxable years beginning on or after January 1, 2005, without regard to Code § 152(b)(1), (b)(2), and (d)(l)(B)); (2) loss of the Participant's or Beneficiary's property due to casualty; (3) the need to pay for the funeral expenses of the Participant's spouse or dependent (as defined in Code § 152, acrd, for taxable years beguning on or after January 1, 2005, without regard to Code § 152(b)(1), (b)(2), and (d)(1)(B)), or (4) other similar extraordinary and unforeseeable circumstances arising from events beyond the Participant's or Beneficiary's control. The Administrative Services Provider will not pay the Participant or the Beneficiary more than the amount reasonably necessary to satisfy the emergency need, which may include amounts necessary to pay taxes or penalties on the distribution. The Administrative Services Provider will not make payment to the extent the Participant or Beneficiary may relieve the financial hardship by cessation of deferrals under the Plan, through insurance or other reimbursement, or by liquidation of the individual's assets to the extent such liquidation would not cause severe financial hardship. The Participant's Beneficiary is a person who a Participant designates as a "primary beneficiary" and who is or may become entitled to a Participant's Plan account upon the Participant's death. A Participant's unforeseeable emergency event includes a severe financial hardship of the participant's primary Beneficiary under the Plan, that would constitute an emergency event if it occurred with respect to the participant's spouse or dependent as defined cinder Code § 152. (B) De minirnis distribution. A Participant may elect to receive a distribution of his/her Account where; (1) the Participant's Account (disregarding Rollover Contributions) does not exceed $5,000 (or such other amount as does not exceed the Code § 41 l (a)(11)(A) dollar amount); (2) the Participant has not made or received an allocation of any Deferral Contributions under the Plan during the two -year period ending on the date of distribution; and (3) the Participant has not received a prior distribution under this Section 4.05(B). (C) Distribution of Rollover Contributions. A Participant may request and receive distribution of his/her Account attributable to Rollover Contributions (but not to Transfers) before the Participant has a distributable event under Section 4.01. 4.06 DISTRIBUTIONS UNDER QUALIFIED DOMESTIC RELATIONS ORDERS DROs . Not%vithstanding any other provision of this Plan, the QDRO provisions will apply. The Administrative Services Provider (and any Trustee) must comply with the terms of a QDRO, as defined in Code § 414(p), which is issued with respect to the Plan. (A) Time and Method of Payment. This Plan specifically permits distribution to an alternate payee under a QDRO at any time, notwithstanding any contrary Plan provision and irrespective of whether the Participant has attained his/her earliest retirement age (as defined under Code § 414(p)) under the Plan. Nothing in this Section 4.06 gives a Participant a right to receive distribution at a time the Plan othenvise does not permit nor authorizes the alternate payee to receive a form of payment the Plan does not permit. (B) QDRO Procedures. Upon receiving a domestic relations order, the Administrative Services Provider promptly will notify the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. within a reasonable period of time after receiving the domestic relations order, the Administrative Services Provider must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of the Administrative Services Provider's determination. The Administrative Services Provider must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order. (C) Accounting. If any portion of the Participant's Account Balance is payable under the domestic relations order during the period the Administrative Services Provider is making its determination of the qualified status of the domestic relations order, the Administrative Services Provider may maintain a separate accounting of the amounts payable. If the Administrative Services Provider determines the order is a QDRO within 18 months of the date amounts first are payable following receipt of the domestic relations order, the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in accordance with the 10 IIIU 457 Governmental Plan and Trust QDRO. If the Administrative Services Provider does not make its determination of the qualified status of the order within the 18 -month determination period, the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in the manner the Plan would distribute if the order did not exist and will apply the order prospectively if the Administrative Services Provider later determines the order is a QDRO. To the extent it is not inconsistent with the provisions of the QDRO, the Administrative Services Provider may segregate or may direct the Trustee to segregate the QDRO amount in a segregated investment account. The Administrative Services Provider or Trustee will make any payments or distributions required under this Section 4.06 by separate benefit checks or other separate distribution to the alternate payee(s). ( "direct rollover "'), may roll over all or any portion of his/her distribution to an individual retirement account the Beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution. (1) Certain requirements not applicable. Although a non- spouse Beneficiary may roll over directly a distribution, commencing with distributions after December 31, 2009, the distribution will be subject to the direct rollover requirements of Code § 401(a)(31) (including the automatic rollover provisions of Code § 401(a)(31)(B)), the notice requirements of Code § 402(1) and the mandatory witliholding requirements of Code § 3405(c). If a non - spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover. (D) Permissible QDROs. A domestic relations order that otherwise satisfies the requirements for a qualified domestic relations order ( "QDRO ") will not fail to be a QDRO: (i) solely because the order is issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the time at which the order is issued, including issuance after the annuity starting date or after the participant's death. 4.07 DIRECT ROLLOVER OF ELIGIBLE ROLLOVER DISTRIBUTIONS -- GOVERN- MENTAL PLAN (A) Participant Election. A Participant (including for this purpose, a former Employee) may elect, at the time and in the manner the Administrative Services Provider prescribes, to have any portion of his/her eligible rollover distribution from the Plan paid directly to an eligible retirement plan specified by the Participant in a direct rollover election. For purposes of this election, a "Participant" includes as to their respective interests, a Participant's surviving spouse and the Participant's spouse or former spouse who is an alternate payee under a QDRO. (B) Rollover and withholding Notice. At least 30 days and not more than 180 days prior to the Trustee's distribution of an eligible rollover distribution, the Administrative Services Provider must provide a written notice (including a summary notice as permitted under applicable Treasury regulations) explaining to the distributee the rollover option, the applicability of mandatory 20% federal withholding to any amount not directly rolled over, and the recipient's right to roll over within 60 days after the date of receipt of the distribution ("rollover notice "). (C) Non- spouse Benefieiary rollover right. A non - spouse Beneficiary who is a "designated beneficiary'' under Code § 401(a)(9)(E) and the regulations thereunder, by a direct trustee -to- trustee transfer (2) Trust Beneficiary. If the participant's named Beneficiary is a trust, the Plan may make a direct rollover to an individual retirement account on behalf of the trust, provided the trust satisfies the requirements to be a designated beneficiary within the meaning of Code § 401(a)(9)(E). (3) Required minimum distributions not eligible for rollover. A non- spouse Beneficiary may not roll over an amount which is a required minimum distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. If the participant dies before his/her required beginning date and the non- spouse Beneficiary rolls over to an IRA the maximum amount eligible for rollover, the Beneficiary may elect to use either the 5 -year rule or the life expectancy rule, pursuant to Treas. Reg. § 1.401(a)(9) -3, A -4(c) in determining the required minimum distributions from the IRA that receives the non- spouse Beneficiary's distribution. (D) Definitions. The following definitions apply to this Section: (1) Eligible rollover distribution, An eligible rollover distribution is any distribution of all or any portion of a Participant's Account, except an eligible rollover distribution does not include; (a) any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Participant or the joint lives (or joint life expectancies) of the Participant and the Participant's designated Beneficiary, or for a specified period of ten years or more; (b) any Code § 441(a)(9) required minimum distribution; (c) any unforeseeable emergency distribution; and (d) any distribution which otherwise would be an eligible rollover distribution, but where the total distributions to the Participant during that calendar year are reasonably expected to be less than $200. 0 Copyright 2010 SunGard 1110 11 457 Governmental Plan and Trust (2) Eligible retirement plan. An eligible retirement plan is, an individual retirement account described in Code § 408(a), an individual retirement annuity described in Code § 408(b), an annuity plan described in Code § 443(a), a qualified plan described in Code § 401(a), an annuity contract (oar custodial agreement) described in Code § 403(b), or an eligible deferred compensation plan described in Code § 457(b) and maintained by an Employer described in Code § 457(e)(1 )(A), which accepts the Participant's, the Participant's spouse or alternate payee's eligible rollover distribution. For distributions made after December 31, 2007, a Participant or Beneficiary may elect to roll over directly an eligible rollover distribution to a Roth IRA described in Code § 408A(b). (3) Direct rollover. A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. (4) Mandatory distribution. The Administrative Services Provider is directed to male a mandatory distribution, which is an eligible rollover distribution, without the Participant's consent provided that the Participant's Account is less than $1 P OOO. A distribution to a Beneficiary is not a mandatory distribution. (5) 401(a)(31)(B) Effective Date, The § 40 1 (a)(3 1)(B) Effective Date is the date of the close of the first regular legislative session of the legislative body with the authority to amend the Plan that begins on or after January 1, 2046. 4.08 ELECTION TO DEDUCT FROM DISTRIBUTION For distributions in taxable years beginning after December 31, 2006, an Eligible Retired Public Safety Officer may elect annually for that taxable year to have the Plan deduct an amount from a distribution which the Eligible Retired Public Safety Officer otherwise would receive and include in income. The plan will pay such deducted amounts directly to the provider as described in Section 4.08(A). (A) Direct payment. The Plan will pay directly to the provider of the accident or health insurance plan or qualified long -term care insurance contract the amounts the Eligible Retired Public Safety Officer has elected to have deducted from the distribution. Such amounts may not exceed the lesser of $3,000 or the amount the Participant paid for such taxable year for qualified healthcare premiums, and which otherwise complies with Code § 402(1). (B) Definitions. (1) Eligible retired public safety officer. An "Eligible Retired Public Safety Off cee' is an individual who, by reason of disability or attainment of normal retirement age, has experienced a Severance from Employment as a Public Safety Officer with the Employer. (2) Public safety officer. A "Public Safety Officer" has the same meaning as in § 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3796b(9)(A)). (3) Qualified health insurance premiums. The term "qualified health insurance premiums" means premiums for coverage for the Eligible Retired Public Safety Officer, his/her spouse, and dependents, by an accident or health plan or qualified long -term care insurance contract (as defined in Code § 770213(b)). ARTICLE V ADMINISTRATIVE SERVICES PROVIDER - DUTIES 5.01 TERM / VACANCY The Administrative Services Provider will serve until his/her successor is appointed. In case the Employer has not appointed a successor Administrative Services Provider, the Employer will exercise any and all duties of the Administrative Services Provider pending the filling of the vacancy. 5.02 DUTIES The Administrative Services Provider will have the following duties: (a) To create administrative forms necessary for the proper and efficient administration of the Plan provided the forms are not inconsistent with the terms of the Plan; (b) To enforce the terms of the Plan and its procedures, including this document and such other documents related to the Plan's operation; (c) To make, at the direction of the Participant or Beneficiary or pursuant to Section 4.07(D)(4), distributions of an Account; (d) To review in accordance with the Plan's procedures respecting a claim for (or denial of a claim for) a benefit under the Plan; (e) To furnish the Employer with information which the Employer may require for tax or other purposes, (f) To make distributions on account of unforeseeable emergency in accordance with the Plan's procedures; (g) To accept Deferral Contributions, Employer Contributions, and Rollover Contributions; 12 1110 457 Governmental Plan and Trust (h) To accept Transfers; (i) To accept Participant or, in the case of a deceased Participant, Beneficiary direction of investment; 0} To comply with any reporting and disclosure rules applicable to the Plan; (k) To make loans to Participants if elected by the Employer, The Administrative Services Provider will continue to allocate net income, gain and loss to a Participant's Account subject to an installment distribution, until the Account is fully distributed. 5.07 ACCOUNT CHARGED The Administrative Services Provider will charge all distributions made to a Participant or to his4ier Beneficiary, or transferred under Section 9.03 from his/her Account, against the Account of the Participant when made. (1) To appoint agents to act for and in performing its third party administrative services to the Plan; and (m) To undertake any other action the Administrative Services Provider deems reasonable or necessary to provide third party administrative services to the Plan. 5.03 LOANS TO PARTICIPANTS The Employer may elect to pennit the Administrative Services Provider and/or Trustee to make Plan loans to Participants by executing a participant loan program document with the Administrative Services Provider. Any loan by the Plan to a Participant sitall be made in compliance with Code § 72(p). If Plan loans are permitted, the Administrative Services Provider, with the approval and direction of the Employer, may establish, amend or terminate from time to time, nondiscriminatory administrative procedures for administering loans. Such-loan procedures must be a written document and must include: (I) the procedure for applying for a loan; (2) the criteria for approving or denying a loan; (3) the limitations, if any, on the types and amounts of loans available; and (4) the events constituting default and the steps the Plan will take to preserve Plan assets in the event of default. Any administrative procedures adopted under this Section 5.03 shall be constraed as part of the Plan. 5.04 INDIVIDUAL ACCOUNTS / RECORDS. The Administrative Services Provider will maintain a separate Account in the name of each Participant to reflect the value of the Participant's Deferred Compensation under the Plan. 5.05 VALUE OF PARTICIPANT'S ACCOUNT The value of each Participant's Account consists of his/her accumulated Deferred Compensation, as of the most recent Accounting Date or any later date as the Administrative Services Provider may determine. 5.06 ALLOCATION OF NET INCOME, GAIN OR LOSS As of each Accounting Date (and each other valuation date determined under Section 5.04), the Administrative Services Provider will adjust Accounts to reflect net income, gain or loss, if any, since the last Accounting Date or Account valuation. 5.08 PARTICIPANT DIRECTION OF INVESTMENT Subject to the teens and conditions required by the Administrative Services Provider and the Trustee, if any, a Participant will have the right to direct the investment or re- investment of the assets comprising the Participant's Account. The Administrative Services Provider will account separately for the Participant- directed Accounts. The Participant's right to direct investment does not give the Participant any vested interest or secured or preferred position with respect to assets over which he/she has investment responsibility. 5.09 VESTING / SUBSTANTIAL RISK OF FORFEITURE Each Participant's Account will be immediately 100% vested. 5.10 PRESERVATION OF ELIGIBLE PLAN STATUS The Employer may take any such necessary and appropriate action to preserve the status of the Plan as an Eligible 457 Plan. 5.11 LIMITED LIABILITY The Employer will not be liable to pay plan benefits to a Participant in excess of the value of the Participant's Account as the Administrative Services Provider determines in accordance with the Plan terms. The Employer, the Administrative Services Provider, or the Trustee will not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. 5.12 LOST PARTICIPANTS If the Administrative Services Provider is unable to locate any Participant or Beneficiary whose Account becomes distributable (a "lost Participant" }, the Administrative Services Provider will apply the provisions of this Section 5.12. (A) Attempt to Locate. The Administrative Services Provider will attempt to locate a lost Participant and may use one or more of the following methods: (1 ) provide a distribution notice to the lost Participant at hisllier last known address by certified or registered mail; (2) use the IRS letter forwarding program under Rev. Proc. 94 -22; (3) use a commercial locator service, the internet or other general search method; (4) use the Social Security Administration or PBOC search program; or (5) use such other methods as the Administrative Services Provider believes prudent. 0 Copyright 2010 Su nGard /Ito 13 457 Governmental Plan and Trust (B) Failure to Locate. If a lost Participant is not located after 6 months following the date the Administrative Services Provider first attempts to locate the lost Participant using one or more of the methods described in Section 5.12(A), the Administrative Services Provider may employ the unclaimed property processes of the state of the lost Participant's last known address. Neither the Administrative Services Provider nor the Trustee shall be responsible for restoring the Account (including potential gains) if a lost Participant whose Account was deposited with a state later makes a claim for his/her Account. (C) Nonexclusivity and Uniformity. The provisions of this Section 5.12 are intended to provide permissible but not exclusive means for the Administrative Services Provider to administer the Accounts of lost Participants. The Administrative Services Provider may utilize any other reasonable method to locate lost Participants and to administer the Accounts of lost Participants, including such methods as the Revenue Service or other regulatory agency may in the future specify. The Administrative Services Provider will apply Section 5.12 in a reasonable manner, but may in determining a specific course of action as to a particular Account, reasonably take into account differing circumstances such as the amount of a lost Participant's Account, the expense in attempting to locate a lost Participant, the Administrative Services Provider's ability to establish and the expense of establishing a rollover IM, and other factors. The Administrative Services Provider may charge to the Account of a lost Participant the reasonable expenses incurred under this Section 5.12 and which are associated with the lost Participant's Account. 5.13 PLAIN CORRECTION The Administrative Services Provider, as directed by the Employer, may undertake such correction of Plan errors as the Employer deems necessary, including but not limited to correction to maintain the Plan's status as an "eligible deferred compensation plan" under the Code. ARTICLE VI PARTICIPANT ADMIENISTRATIVE PROVISIONS 6.01 BENEFICIARY DESIGNATI0 N A Participant from time to time may designate, in writing, any person(s) (including a trust or other entity), contingently or successively, to whom the Administrative Services Provider or Trustee will pay the Participant's Account (including any life insurance proceeds payable to the Participant's Account) in the event of death. A Participant also may designate the method of payment of his/her Account. The Administrative Services Provider will prescribe the form for the Participant's written designation of Beneficiary and, upon the Participant's filing the form with the Administrative Services Provider, the form revokes all designations filed prior to that date by the same Participant. Provided the Administrative Services Provider has been provided reasonable notice thereof, a divorce decree, or a decree of legal separation, revokes the Participant's designation, if any, of his/her spouse as his/her Beneficiary under the Plan unless: (a) the decree or a QDRD provides otherwise; or (b) the Participant has re- designated his/her former spouse as Beneficiary following the date of the divorce decree, or other decree of legal separation. The foregoing revocation provision (if applicable) applies only with respect to a Participant whose divorce or legal separation becomes effective on or following the date the Employer executes the Plan. 6.02 NO BENEFICIARY DESIGNATION. If a Participant fails to naive a Beneficiary in accordance with Section 6.41, or if the Beneficiary named by a Participant predeceases the Participant, then the Administrative gervices Provider will pay the Participant's remaining Account to the Participant's estate, If the Beneficiary survives the Participant, but dies prior to distribution of the Participant's entire Account, the Trustee will pay the remaining Account to the Beneficiary's estate unless: (1) the Participant's Beneficiary designation provides otherwise; or (2) the Beneficiary has properly designated a Beneficiary. A Beneficiary only may designate a Beneficiary for the Participant's Account Balance remaining at the Beneficiary's death, and the Beneficiary's designation otherwise complies with the Plan terms. The Administrative Services Provider will direct a Trustee if applicable as to the method and to whom the Trustee will make payment under this Section 6.02. 6.03 PARTICIPATION AGREEMENT. (A) General. A Participant must elect to make Salary Reduction Contributions on a Participation Agreement form the Administrative Services Provider provides for this purpose. The Participation Agreement must be consistent with the procedures of the Administrative Services Provider. The Participation Agreement may impose such other terms and limitations as the Employer or Administrative Services Provider may determine. (B) Election Timing. A Participation Agreement may not take effect earlier than the first day of the calendar month following the date the Participant executes the Participation Agreement and as to Compensation paid or made available to such calendar month. However, if an Employee is eligible to become a Participant during the Employee's calendar month of hire, the Employee may execute a Participation Agreement on or before the date he/she 14 wo 457 Governmental Plan and Trust becomes an Employee, effective for the month in which he/she becomes an Employee. (C) Sick, Vacaffon and Back Pay. If the Employer adopts a policy that permits Participants to make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation pay or from back pay, a Participant who will incur a Severance from Employment may execute a Participation Agreement before such amounts are paid or made available provided: (i) such amounts are paid or made available before the Participant incurs the Severance; and (ii) the Participant is an Employee in that month. (D) Modification of Participation Agreement. A Participation Agreement remains in effect until a Participant modifies it or ceases to be eligible to participate in the Plan. A Participant may modify his/her Participation Agreement by executing a new Participation Agreement. Any modification will become effective no earlier than the beginning of the calendar month commencing after the date the Pmlicipant executes the new Participation Agreement. Filing a new Participation Agreement will revoke all Participation Agreements filed prior to that date, The Employer or Administrative Services Provider may restrict the Participant's right to modify his/her Participation Agreement in any Taxable Year. 5.04 PERSONAL DATA TO ADMfN- ISTRATIVE SERVICES PROVIDER. Each Participant and each Beneficiary of a deceased Participant must furnish to the Administrative Services Provider such evidence, data or information as the Administrative Services Provider considers necessary or desirable for the purpose of administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly frill, true and complete evidence, data and information when requested by the Administrative Services Provider, provided the Administrative Services Provider advises each Participant of the effect of his failure to comply with its request. 6.05 ADDRESS FOR NOTIFICATION Each Participant and each Beneficiary of a deceased Participant must file with the Administrative Services Provider from time to time, in writing, his/her address and any change of address. Any communication, statement or notice addressed to a Participant, or Beneficiary, at his/her last address filed with the Administrative Services Provider, or as shown on the records of the Employer, binds the Participant, or Beneficiary, for all purposes of this Plan. 5.06 PARTICIPANT OR BENEFICIARY IN- CAPACITATED If evidence is submitted to the Administrative Services Provider which supports an opinion that a Participant or Beneficiary entitled to a Plan distribution is not able to care for his/her affairs because of a mental condition, a physical condition, or by reason of age, the Administrative Services Provider or the Trustee may make the distribution to the Participant's or Beneficiary's guardian, conservator, trustee, custodian (including under a Uniform Transfers or Gifts to Minors Act) or to his/her attorney -in -fact or to other legal representative upon furnishing evidence of such status satisfactory to the Administrative Services Provider and to the Trustee. The Administrative Services Provider and the Trustee do not have any liability with respect to payments so made and neither the Administrative Services Provider nor the Trustee has any duty to make inquiry as to the competence of any person entitled to receive payments under the Plan. ARTICLE VII MISCELLANEOUS 7.01 NO ASSIGNMENT OR ALIENATION, A Participant or Beneficiary does not have the right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments under the Plan or Trust and the Administrative Services Provider and the Trustee will not recognize any such anticipation, assignment, or alienation. The payments and the rights under this Plan are non - assignable and nontransferable. Subject to Section 8.l_5, a Participant's or Beneficiary's interest in the Trust is not subject to attachment, garnishment, leery, execution or other legal or equitable process. 7.02 EFFECT ON OTHER PLANS This Plan does not affect benefits under any other retirement, Pension, or benefit plan or system established for the benefit of the Employer's Employees, and participation under this Plan does not affect benefits receivable under any such plan or system, except to the extent provided in such plan or system. 7.03 WORD USAGE Words used in the masculine will apply to the feminine where applicable, and wherever the context of the Plan dictates, the plural will be read as the singular and the singular as the plural. 7.04 STATE LAW The laws of the state of the Employer's principal place of business will determine all questions arising with respect to the provisions of this Prototype Plan, except to the extent Federal law supersedes State law. 7.05 EMPLOYMENT NOT GUARANTEED. Nothing contained in this Plan, or any modification or amendment to the Plan, or in the creation of any Account, or the payment of any benefit, gives any Employee, Participant or Beneficiary any right to continue employment, any legal or equitable right against the Employer, the 0 Copyright 2010 SunGard i / I o 15 457 Governmental Plan and Trust Administrative Services Provider, the Trustee, any other Employee of the Employer, or any agents thereof except as expressly provided by the Plan. 7.06 NOTICE RESIGNATION ELECTION CONSENT AND WAIVER. All notices under the Plan and all Participant or Beneficiary designations, elections, consents or waivers must be in writing and made in a form acceptable to the Administrative Services Provider. To the extent permitted by Treasury regulations or other applicable guidance, any Plan notice, election, consent or waiver may be transmitted electronically. Any person entitled to notice under the Plan may waive the notice or shorten the notice period except as otherwise required by the Code. 7.07 LIMITATIONS ON TRANSFERS AND EXCHANGES. The Employer and the Administrative Services Provider may adopt procedures to govern Participant elections and directions concerning a Participant's, Beneficiary's, or Alternate Payee's investment specifications and may impose limitations on transfers and exchanges from one investment option with the Plan to another. These procedures shall be in addition to any established by investment providers to the Plan_ The Employer and the Administrative Services Provider may decline to implement any investment instructions for a Participant, Beneficiary, or Alternate Payee where either deems appropriate. 7.08 EMPLOYER RESPONSIBILITY FOR DISTRIBUTION OF PLAN RELATED INFORMATION The Employer wilt distribute all Plan related amendments, restated plan documents, and deferred compensation plan tax related documentation to the Administrative Service Providers when there are multiple Administrative Service Providers of the Plan, 7.09 USE OF PLAN ASSE THAT ARE NOT ATTRIBUTABLE TO AN ACCOUNT. If the Plan receives money that is not attributable to an Account, then the Employer will 'direct the Administrative Services Provider as to the use of these amounts. Examples include, but are not Iimited to, money received by the Plan as part of a settlement, litigation award or fee reimbursement. The Employer may -use these amounts to offset Plan expenses or may allocate these amounts to Participants or as it deems appropriate ARTICLE VIII TRUST PROVISIONS 8.01 APPLICATION The provisions of this Article VIII apply only if the Employer has not elected to substitute another trust, custodial accounts or annuity contracts in lieu of the Trust established under this Article VI11. 8.02 ACCEPTANCE l HOLDING. The Trustee accepts the Trust created under the Plan and agrees to perform the duties and obligations imposed. The Trustee must hold in trust under this Article VIII, all Deferred Compensation until paid in accordance with the Plan terms. 8.03 RECEIPT OF CONTRIBUTIONS The Trustee is accountable to the Employer for the Rinds contributed to it by the Employer or the Administrative Services Provider, but the Trustee does not have any duty to see that the contributions received comply with the provisions of the Plan. 8.04 FULL INVESTMENT POWERS The Trustee is authorized and empowered, but not by way of limitation, to exercise and perform the following duties: (a) To invest any part or all of the Trust in any common or preferred stocks, open -end or closed end mutual funds, put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds, debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury motes and other direct or indirect obligations of the United States Government or its agencies, improved or unimproved real estate situated in the United States, limited partnerships, insurance contracts of any type, mortgages, notes or other property of any kind, real or personal, and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying common stock, as a prudent person would do under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must be of a kind constituting a diversification considered by law suitable for trust investments; (b) To retain in cash so much of the Trust as it may deem advisable to satisfy liquidity needs of the Plan and to deposit any cash held in the Trust in a bank account at reasonable interest; (c) To invest, if the Trustee is a bank or similar financial institution supervised by the United States or by a State, in any type of deposit of the Trustee (or a bank related to the Trustee within the meaning of Code §4I4(b)) at a reasonable rate of interest or in a common trust fund as described in Code §584, or in a collective investment fund, the provisions of which the Trust incorporates by this reference, which the Trustee (or its affiliate, as defined in Code §1504) maintains exclusively for the collective investment of money contributed by the bank (or its affiliate) in its capacity as Trustee and which conforms to the rules of the Comptroller of the Currency; 16 tllo 457 Governmental Plan and Trust (d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer, abandon, improve, repair, insure, lease for any term even though cdnmencing in the future or extending beyond the term of the Trust, and otherwise deal with all property, real or personal, in such manner, for such considerations and on such terms and conditions as the Trustee decides; (e) To credit and distribute the Trust as directed by the Administrative Services Provider of the Plan. The Trustee will not be obliged to inquire as to whether any payee or distributee is entitled to any payment or whether the distribution is proper or within the terms of the Plan, or as to the manner of making any payment or distribution. The Trustee will be accountable only to the Administrative Services Provider for any payment or distribution made by it in good faith on the order or direction of the Administrative Services Provider, (#) To borrow money, to assume indebtedness, extend mortgages and encumber by mortgage or pledge; (g) To compromise, contest, arbitrate or abandon claims and demands; (h) To have with respect to the Trust all of the rights of an individual owner, including the power to exercise any and all voting rights associated with Trust assets, to give proxies, to participate in any voting trusts, mergers, consolidations or liquidations, to tender shares and to exercise or sell stock subscriptions or conversion rights; (i) To lease for oil, gas and other mineral purposes and to create mineral severances by grant or reservation; to pool or unitize interest in oil, gas and other minerals; and to enter into operating agreements and to execute division and transfer orders; 0) To hold any securities or other property in the name of the Trustee or its nominee, with depositories or agent depositories or in another form as it may deem best, with or without disclosing the trust relationship; (k) To perform any and all other acts in its judgment necessary or appropriate for the proper and advantageous management, investment and distribution of the Trust; (l} To retain any funds or property subject to any dispute without liability for the payment of interest, and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes a final adjudication; Trustee; (m) To file all tax returns required of the (n) To furnish to the Employer and the Administrative Services Provider an annual statement of account showing the condition of the Trust and all investments, receipts, disbursements and other transactions effected by the Trustee during the Plan Year covered by the statement and also stating the assets of the Trust held at the end of the Plan Year, which accounts will be conclusive on all persons, including the Employer and the Administrative Services Provider, except as to any act or transaction concerning which the Employer or the Administrative Services Provider files with the Trustee written exceptions or objections within 90 days after the receipt of the accounts; and (o) To begin, maintain or defend any litigation necessary in connection with the administration of the Tryst, except that the Trustee will not be obliged or required to do so unless 8.05 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Trust will be open to the inspection of the Employer at all reasonable tunes and may be audited from time to time by any person or persons as the Employer may specify in writing. The Trustee will furnish the Administrative Services Provider whatever I nformation relating to the Trust the Administrative Services Provider considers necessary. 8.06 FEES AND EXPENSES FROM FUND The Trustee will receive reasonable annual compensation in accordance with its fee schedule as published from time to time. The Trustee will pay from the Trust all fees and expenses the Trustee reasonably incurs in its administration of the Trust, unless the Employer pays the fees and expenses. 8.07 PROFESSIONAL AGENTS The Trustee may employ and pay from the Trust reasonable compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non - Trustee power or duty vested in it by the Trust, and the Trustee may act or refrain from acting on the advice or opinion of any agent, attorney, accountant or other person so selected. 8.08 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. 8.09 RESIGNATION AND REMOVAL. The Trustee or the Custodian may resign its position by giving written notice to the Employer and to the Administrative Services Provider. The Trustee's notice must specify the effective date of the Trustee's resignation, which date must be at least 30 days 0 Copyright 2010 SunGard w o 17 457 Governmental Plan and Trust following the date of the Trustee's notice, unless the Employer consents in writing to shorter -notice. The Employer may remove a Trustee or a Custodian by giving written notice to the affected party. The Employer's notice must specify the effective date of removal which date must be at least 30 days following the date of the Employer's notice, except where the Employer reasonably determines a shorter notice period or immediate removal is necessary to protect Plan assets. 8.10 SUCCESSOR TRUSTEE. (A) Appointment. In the event of the resignation or the removal of a Trustee, where no other Trustee continues to service, the Employer must appoint a successor Trustee if it intends to continue the Plan. If two or more persons hold the position of Trustee, in the event of the removal of one such person, during any period the selection of a replacement is pending, or during any period such person is unable to serve for any reason, the remaining person or persons will act as the Trustee. If the Employer fails to appoint a successor Trustee as of the effective date of the Trustee resignation or removal and no other Trustee remains, the Trustee will treat the Employer as having appointed itself as Trustee and as having filed the Employer's acceptance of appointment as successor Trustee with the former Trustee. (B) Automatic Successor. Any corporation which succeeds to the trust business of the Trustee, or results from any merger or consolidation to which the Trustee is a party, or is the transferee of substantially all the Trustee's assets, will be the successor to the Trustee under this Trust. The successor Trustee will possess all rights, duties and powers under this Trust as if the successor Trustee were the original Trustee. Neither the Trustee nor the successor Trustee need provide notice to any interested person of any transaction resulting in a successor Trustee. The successor Trustee need not file or execute any additional instrument or perform any additional act to become successor Trustee. 8.11 VALUATION OF TRUST. The Trustee will value the Trust as of each Accounting Date to determine the fair market value of the Trust assets. The Trustee will value the Trust on such other date(s) the Administrative Services Provider may direct, 8.12 PARTICIPANT DIRECTION OF INVESTMENT Consistent with the Administrative Services Provider's policy adopted under Section 5.02(i), the Trustee may consent in writing to permit Participants in the Plan to direct the investment to the Trust assets. The Administrative Services Provider will advise the Trustee of the portion of the Trust credited to each Participant's Account under the Plan, and subject to such Participant direction. As a condition of Participant direction, the Trustee may impose such conditions, limitations and other provisions as the Trustee may deem appropriate and as are consistent with the Administrative Services Provider's policy. The Trustee will report to the Administrative Services Provider the net income, gain or losses incurred by each Participant directed Account separately from the net income, gain or losses incurred by the general Trust during the Trust Year. 8.13 THIRD PARTY RELIANCE No person dealing with the Trustee will be obliged to see to the proper application of any money paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms of the Trust. Each person dealing with the Trustee may act upon any notice, request or representation in writing by the Trustee, or by the Trustee's duly authorized agent, and will not be liable to any person whomsoever in so doing. The certificate of the Trustee that it is acting in accordance with the Trust will be conclusive in favor of any person relying on the certificate. 8.14 INVALIDITY OF ANY TRUST PROVISION If any clause or provision of this Article VIII proves to be or is adjudged to be invalid or void for any reason, such void or invalid clause or provision will not affect any of the other provisions of this Article VIII and the balance of the Trust provisions will remain operative. 8.15 EXCLUSIVE _BENEFIT The Trustee will hold all the assets of the Trust for the exclusive benefit of the Participants and their Beneficiaries and - neither the Employer nor the Trustee will use or divert any part of the corpus or income of the Trust for purposes other than the exclusive benefit of the Participants and Beneficiaries of the Plan. The Employer will not have any right to the assets held by the Trustee and the Trust assets will not be subject to the claims of the Employer's creditors or, except as provided in Section 4.06, of the creditors of any Participant or Beneficiary. No Participant or Beneficiary shall have any right to sell, assign, transfer or otherwise convey his/her Account or any interest In his/her Deferred Compensation. Notwithstanding the foregoing, the Administrative Services Provider may pay from a Participant's or Beneficiary's Account the amount the Administrative Services Provider finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. The Trust created under the Employer's Plan is irrevocable and its assets will not inure to the benefit of the Employer. 8.16 SUBSTITUTION OF CUSTODIAL ACCOUNT OR ANNUITY CONTRACT. The 18 1110 457 Governmental Plan and Trust Employer may elect to use one or more custodial accounts or annuity contracts in lieu of or in addition to the Trust established in this Article VII1. Any such custodial account or annuity contract must satisfy the requirements of Code §457(8)(3) and applicable Treasury regulations, $.17 GROUP TRUST AUTHORITY. Not- withstanding any contrary provision in this Plan, the Trustee may, unless restricted in writing by the Administrative Services Provider, transfer assets of the plan to a group trust that is operated or maintained exclusively for the commingling and collective investment of monies provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Code section 401(a), individual retirement accounts that are exempt under Code section 408(e), and eligible governmental plans that meets the requirements of Code section 457(b). For this purpose, a trust includes a custodial account that is treated as a trust under Code section 401(f) or under Code section 457(8)(3). For purposes of valuation, the value of the interest maintained by the Plan in such group trust shall be the fair market value of the portion of the group trust held for plan, deterrruned in accordance with generally recognized valuation procedures. ARTICLE IX AMENDMENT, TERMINATION, TRANSFERS 9.01 AMENDMENT BY EMPLOYER / SPONSOR The Employer has the right at any time and from time to time; (a) To amend this Plan and Trust Agreement in any manner it deems necessary or advisable in order to continue the status of this Plan as an Eligible 457 Plan; and (b) To amend this Plan and Trust Agreement in any other manner, including deletion, substitution or modification of any Plan or Trust. The Employer must make all amendments in writing. The Employer may amend the Plan by addenda, by separate amendment, or by restatement of the Plan. Each amendment must state the date to which it is either retroactively or prospectively effective. The Employer also may not make any amendment that affects the rights, duties or responsibilities of the Trustee or the Administrative Services Provider without the written consent of the affected Trustee or the Administrative Services Provider. The Employer will accept amendments from the Administrative Services Provider (including adoption of a substitute Plan and Trust) without being required to re- execute the Plan, provided that the amendments are necessary to continue the Plan as an Eligible 457 Plan. 9.02 TERMINATION /FREEZING_ OF PLAN The Employer has the right, at any time, to terminate this Plan or to cease (freeze) further Deferral Contributions to the Plan, Upon termination or freezing of the Plan, the provisions of the Plan (other than provisions permitting continued Deferral Contributions) remain operative until distribution of all Accounts. Upon Plan termination, the Administrative Services Provider or Trustee shall distribute to Participants and Beneficiaries all Deferred Compensation as soon as is reasonably practicable following termination. 9.03 TRANSFERS. The Plan: (a) may accept a Transfer of a Participant's Account in another employer's Eligible 457 Plan; or (b) may Transfer a Participant's (or Beneficiary's) Account in this Plan to the another employer's Eligible 457 Plan. The other plan involved in the Transfer must provide for Transfers. The Participant or Beneficiary, after the Transfer will have Deferred Compensation in the recipient plan at least equal to his/her Deferred Compensation in the transferring plan immediately before the Transfer. Any Transfer also must comply with applicable Treasury regulations, and in particular Treas. Reg. §§1.457-10(b)(2) as to post - severance transfers between Eligible 457 Plans; 1.457- 10(b)(3) as to transfers of all assets between Eligible 457 Plans; and 1 .457- 10(b)(4) as to transfers between Eligible 457 Plans of the same Employer. The Administrative Services Provider will credit any Transfer accepted under this Section 9,03 to the Participant's Account and will treat the transferred amount as a Deferral Contribution for all purposes of this Plan except such Transfer will not be treated as a Deferral Contribution subject to -the limitations of Article III. The Plan's Transfer of any Participant's or Beneficiary's Account under this Section 9.03 completely discharges the Employer, the Administrative Services Provider, the Trustee and the Plan from any liability to the Participant or Beneficiary for any Plan benefits. 9,04 PURCHASE OF PERMISSIVE SERVICE CREDIT. A Participant, prior to otherwise incurring a distributable event under Article IV, may direct the Trustee to transfer (as of January 1, 2002, or later) all or a portion of his/her Account to a governmental defined benefit plan (under Code §414(d)) for: (a) the purchase of pernmissive service credit (under Code § 4 15 (n)(3)(A)) under such plan, or (b) the repayment of contributions and earnings previously refunded with respect to a forfeiture of service credited under the plan (or under another governmental plan within the same State) to which Code §415 does not apply by reason of Code §415(k)(3). 0 Copyright 2010 Sun6ard 1/10 , 19 457 Governmental Plan and Trust IN WITNESS WHEREOF, the undersigned has executed this Plan and Trust to become effective the day of 20 for the: (Plan Name) By: (signature) (printed name) (title /role) 20 i /to Attachment B Summary of changes to Plan Document (Deferred Compensation Plan) Article I Compensation (Section 1.07): Revised compensation definition to address final regulations Issued under Section 415 of the Internal Revenue Code. Additionally, incorporated differential wage payments under the definition which is consistent with the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act "). Generally, an employee receiving military pay differential is considered an employee, the differential is treated as compensation. Distributions to Individuals in the Uniformed Services: Made changes consistent with the HEART Act, which allow distributions to certain individuals during periods of uniformed service. (Section 1.28 c (3). Although an individual serving in the military Will be treated as having incurred a Severance from Employment, a distribution from the Plan Will not be made without the employee's consent as long as the individual is receiving differential wage payments. Article II Deferrals after Severance from Employment Including Sick, Vacation and Back Pay Under an Eligible Plan: Revisions incorporated to extend the time period during which deferrals may occur after severance from employment under the final regulations issued under Section 415 of the I. R.C. (Section 3.02 (c). Article IV Emergency Tax Relief Distributions: New section added which is designed to serve as a catchall provision allowing distributions from the plan if legislation is enacted following emergency or catastrophic events (e.g. hurricanes, floods) Administrator can also establish procedures related to these distributions. (Section 4.01). Pursuant to potential legislation distributions may be made to the Plan irrespective of age or Severance from Employment requirements. Required Minimum Distributions: A plan provision was added to reflect the 2009 waiver period of Required Minimum Distributions under the Worker, Retiree, and Employer Recovery Act of 2008. ( "WRERA "). (Section 4.03 (f) (1). The year 2009 will not count when computing the "Five Year Rule" for minimum distributions. Eligible Rollover Distributions by a Non - Spousal Beneficiary: A provision was added to the plan reflections Section 829 of the Pension Protections Act of 2006 which requires plans to permit direct rollovers by non - spousal beneficiaries to inherited IRA under certain conditions. (Section 4.07 (c ). If a non spouse is a designated beneficiary, the individual may directly rollover the distribution into an IRA with no immediate tax consequences. Page 1 of 2 Eligible Rollover Distributions to a Roth IRA Language added to reflect the ability of participants to direct rollovers to a Roth IRA under PPA Section 824. (Section 4.07 (d) (2). Mandatory Distributions for Small Accounts. A provision has been added to make mandatory distributions of inactive accounts with less than $1,000. (Section 4.07 (d) (4). Distributions for Qualified Health Insurance Premiums: New section added pursuant to PPA Section 845 made ORC 402(1), which allows a distribution of $3,000 per year to "eligible retired public safety officers" to pay for "qualified health insurance premiums" if certain conditions are met. This provision reflects the regulatory requirement that the plan make distributions directly to the qualified health insurance premium coverage provider to qualify. (Section 4.08 (a). Article V Loans: Loan provisions are incorporated into the plan document, and are no longer a standalone amendment to the plan. Including this provision does not require plans to offer loans. Plan sponsors wanting to offer loans must complete an administrative procedures document before Nationwide will begin administering loans. This document is available upon request. Plan sponsors who have already completed this step are not required to take any additional actions at this time. (Section 5.03) Procedure When Locations of Participant or Beneficiary Unknown: New language added to Plan Document providing distribution procedures when the location of a participant or beneficiary is unknown. (Section 5.12 (a) (b). Article VI Automatic Revocation of Spousal Beneficiary Designation: New section which automatically revokes designations in favor of a former souse as beneficiary upon a divorce or dissolution of marriage. Many states already have laws which take this action with former spouses (Section 6.01). Article VII Use of Plan Assets that Are Not Attributable to an Account: New section ,which provides that Plan sponsor shall direct the Administrator how to use money received by the Plan that is not related to an Account Balance. This would include any settlement money, fee reimbursements, and litigation awards received by the Plan. (Section 7.09). The Employer may use these amounts to offset Plan expenses or may allocate these amounts to Participant or as it deems appropriate. Page 2 of 2 Attachment C SEC File Number: 801 -52664 As of: September 10, 2010 Nationwide Investment Advisors, LLC Nationwide ProAccounte For Nationwide Retirement Solutions ADV Part II Summary Brochure Nationwide Investment Advisors, LLC One Nationwide Plaza Mail Code 1 -12-101 Columbus, Ohio 43215 This brochure provides clients with information about Nationwide Investment Advisors, LLC (NIA) and Nationwide ProAccountO that should be considered before becoming a client of NIA. This information has not been approved or verified by any governmental authority. NRN- 0229A0.2 (09/10) Table of Contents 2 PPM Description of Nationwide ProAccount"I 3 Electing Nationwide ProAccountlm 3 Wilshire Associates Incorporated 4 Investment Limitations 4 Nationwide Endorsement Relationships 5 Nationwide ProAccounto Pees and Expenses G Custody 7 Terminating Participation in Nationwl" de ProAccou.nto 7 Nationwide ProAccountD Risks 8 NIA Investment Process 8 Investment Committee Membership 9 Code of Ethics 11 2 Description of Nationwide ProAccount& Nationwide Investment Advisors, LLC ( "NIA "), a SEC registered investment adviser, offers a discretionary managed account service called Nationwide ProAccounte to retirement plan participants who desire professional guidance in managing their self- directed deferred compensation plan assets. Nationwide ProAccount offers individualized investment advice using an investment process developed and maintained by an Independent: Financial Expert ( "IFE "), which is designed to address the investment objectives of retirement plan participants, Nationwide ProAccount is offered to participants in governmental deferred compensation plans that utilize retirement services and products offered through Nationwide Retirement Solutions, Inc. ( "NRS ") and its affiliates (collectively, the "NRS Retirement Program "). NIA is a wholly owned subsidiary of Nationwide Life Insurance Company and is an affiliate of the NRS Retirement Program and of Nationwide Investment Services Corporation, a broker- dealer that serves as general distributor of the variable insurance products offered through the NRS Retirement Program. This document provides information about Nationwide ProAccount as required by Part II of Form ADD. Retirement plan sponsors and plan participants who are considering or who sign up for Nationwide ProAccount are provided this document in order to ensure compliance with the Investment Advisers Act of 1940, as amended. Electing Nationwide ProAccount Retirement plan participants who enroll in Nationwide ProAccount are hereinafter referred to as "ProAccount Clients." Plan sponsors of retirement plans participating in the NRS Retirement Program that desire to make Nationwide ProAccount available to their participants must approve NIA, as an authorized provider of investment advice to the plan in accordance with the plan's investment policy and applicable plan documents. A participant seeking to become a ProAccount Client will enter into an investment advisory agreement with NIA and complete a questionnaire developed by the IFE to help identify his or her risk tolerance, investment horizon, retirement objectives and financial situation, as well as to indicate any reasonable restrictions the participant may wish to place on the management of his or her retirement plan account assets. After NIA has accepted the participant as a ProAccount Client, the IFE will develop an investment portfolio based on the ProAccount Client's information, and NIA will exercise discretionary authority to allocate and rebalance the ProAccount Client's assets in accordance with the IFE's portfolio. NIA's investment discretion over ProAccount Client assets is limited to implementing the IFE's investment advice, which NIA does not have authority to modify. 3 In conjunction with the Nationwide ProAccount service, NIA will contact each t ., ProAccount Client at least annually to determine whether there are any changes to the ProAccount Client's personal or financial situation that may affect the management of his or her retirement plan account. Additionally, ProAccount Clients are responsible for notifying NIA upon the occurrence of any material change that could affect the manner in which their Nationwide ProAccountO assets are invested. Wilshire Associates Incorporated as IFE NIA has hired Wilshire Associates Incorporated ( "Wilshire ") to be the IFE to Nationwide ProAccount. As , Wilshire develops and maintains investment portfolios based on certain investment options available through the plan. In its evaluation of available investment options, Wilshire takes into account the range of asset fees associated with the NRS Retirement Program, but does not consider the specific asset fees charged to each retirement plan. Wilshire has sole control and discretion over the development and ongoing maintenance of the Nationwide ProAccount portfolios, including periodic rebalancing and changes to asset allocation and fund selection. Wilshire's investment process is designed to take into account the evolving investment needs of retirement plan participants over time, as well as varying tolerances for risk. Each Nationwide ProAccount portfolio will undergo a progression of asset allocation changes over the course of a participant's investment time horizon and in accordance with his or her risk profile (conservative, moderate or aggressive) as identified via the Nationwide ProAccount questionnaire. Wilshire assesses the Nationwide ProAccount portfolios at least quarterly to determine if reallocation or rebalancing is needed. More, frequent reallocation or rebalancing may occur as determined by Wilshire. NIA is responsible for the selection of Wilshire as IFE and the periodic monitoring of its services. NIA may terminate Wilshire and engage the services of a suitable replacement IFE for Nationwide ProAccount (where permitted by law) without notice to affected plan sponsors or ProAccount Clients. However, NIA will notify plan sponsors of any proposed fee changes that may result if Wilshire is replaced. Wilshire provides its services directly to NIA and does not have a contract with the plan or the ProAccount Client. All fees and expenses charged by Wilshire for its services will be paid by NIA. NIA is solely responsible for implementing the Nationwide ProAccount portfolios in each ProAccount Client's retirement plan account. Investment Limitations In its development of portfolios for retirement plan participants, the IFE does not consider self - directed brokerage accounts, individual stocks, guaranteed certificate funds, collective investment funds, Nationwide fixed contracts, or employer - directed monies, 4 which may otherwise be available through a ProAccount Client's plan or the NRS 4'W" Retirement Program. Where may be additional limitations on the types of investment options the IFE may consider in connection with the offering of Nationwide ProAccount to governmental plans that participate in standard retirement programs offered through Membership Associations. Please see below for additional information regarding these arrangements. ProAccount Clients must allocate their entire self - directed retirement plan account balance to Nationwide ProAccount�P. once enrolled in the service, ProAccount Clients can no longer make investment allocation changes to their retirement plan accounts. However, they will continue to retain full inquiry access and may still request and be approved for loans (as applicable) and take applicable distributions. Through its implementation of investment advice generated by an IFE, NIA may provide investment advice or take action that differs from advice given, or the timing and nature of action taken, with respect to other clients' accounts in other programs offered by NIA. NIA does not have any duty, responsibility or liability for retirement plan assets that are not part of the ProAccount Client's retirement plan account being managed through Nationwide ProAccount. NIA does not take any action or render any advice with respect to the voting of proxies solicited by or with respect to issuers of securities held in the accounts of ProAccount Clients. Nationwide Endorsement Relationships NRS and Nationwide Life Insurance Company (collectively, "Nationwide ") have endorsement relationships with the following industry groups or sponsoring organizations ( "Membership organization " ): National Association of Counties — A national organization that represents county governments in the United States. United States Conference of Mayors — The official nonpartisan organization of cities with populations of 30,000 or more. International Association of Fire Fighters s — Financial Corporation -- A for- profit corporation whose only shareholder is the International Association of Fire Fighters, which represents more than 295,000 professional fire fighters and paramedics. Nationwide makes payments to Membership organizations, which are representing the interests of all their members generally in these relationships. Nationwide's payments are in exchange for the Membership organizations' endorsement of Nationwide's products and services available for retirement plans. Payments to Membership Organizations are no affected by whether a member elects the Nationwide ProAccount option for its retirement plan. Moreover, NIA is not a party to these endorsement relationships, and Membership Organizations are not engaged by NIA to solicit retirement plan participants as clients for Nationwide ProAccount. Members of these organizations may select Nationwide's products and services it they decide to establish and maintain a retirement plan for their employees, or may select another provider. More information about the endorsement relationships may be found online at www.nrsforu.com. Nationwide ProAccountEees and Expenses ProAccount Fee - ProAccount Clients are charged a maximum annual fee of up to 1.00% of their Nationwide ProAccount assets ( "ProAccount Fee"), according to the pricing grid set forth in the applicable Nationwide ProAccount Participant Agreement between NIA and each ProAccount Client. The ProAccount Fee is calculated daily based on the market value of Nationwide ProAccount assets and payable quarterly in arrears. The ProAccount Fee is subject to change, and is in addition to any trustee, custodial or service fees that the retirement plan or participant may incur through the NRS Retirement Program. The ProAccount Fee is negotiable, and NIA may offer certain plans discounted ProAccount Fees or other promotional pricing. Certain investment options offered through the NRS Retirement Program, including investment options selected by the through Nationwide ProAccount, may charge redemption fees or impose trade restrictions. ProAccount Clients are responsible for the payment of all applicable redemption fees. ProAccount Clients should consult the applicable fund prospectuses or related materials provided by their plans for additional information on trade restrictions and redemption fees. To the extent permitted by applicable law or regulation, affiliates of NIA may receive the following types of payments from mutual funds selected by the IFE for inclusion in Nationwide ProAccounP portfolios. • Rule 12b- -1 fees, which are deducted from mutual fund assets; • Sub- transfer agent fees or fees pursuant to administrative service plans adopted by the mutual fund, which may be deducted from mutual fund assets; and • Payments by a mutual fund's adviser or sub adviser (or its affiliates). Such payments may be derived, in whole or in part, from the advisory fee that is deducted from mutual fund assets and reflected in the mutual fund charges. The IFE may select mutual funds that are affiliated with Nationwide, in which case certain NIA affiliates also receive compensation fr orn the mutual funds for investment advisory, administrative, transfer agency, distribution, and/or other services. Accordingly, the Nationwide companies may receive more revenue with respect to affiliated mutual funds than unaffiliated mutual funds, 0 Under Nationwide ProAccount, the IFE is solely responsible for selecting the mutual }s'. funds included in the portfolios. The IFE's fees for services provided under Nationwide ProAccount are not related to the mutual funds it selects or otherwise influenced by the revenue NIA or its affiliates may receive from such mutual funds. Compensation to Nationwide Representatives — Retirement Specialists of NRS that offer Nationwide ProAccount to retirement plan participants are registered as investment adviser representatives of NIA (` { NIA Representatives NIA Representatives are compensated for offering Nationwide ProAccount and enrolling participants who have selected the service. Compensation may include a base salary and incentives based on the amount of assets under management in Nationwide ProAccount. Payments by NIA to Service Providers - NIA and/or its affiliates may compensate affiliated and/or unaffiliated third parties for administrative services provided in support of Nationwide ProAccount. Registered Investment Advisors Services, Inc., an affiliate of NIA., receives compensation for providing technology services that facilitate the management of participant accounts through the NRS Retirement Program. Custody Nationwide ProAccount assets are held in custody by the applicable custodian to the NRS Retirement Program, which may include affiliates of NIA. The custodian is authorized to deduct any and all ProAccount Fees, when due, from a ProAccount Client's retirement plan account and to remit the appropriate fees to NIA as investment adviser. The custodian may charge a separate custody fee in addition to the Nationwide ProAccount Fee. ProAccount Clients receive quarterly account statements from the custodian as part of the NRS Retirement Program. Quarterly custodial statements reflect the deduction of ProAccount Fees. In addition, NIA sends quarterly fee notifications to each ProAccount Client. Except to the extent that ProAccount Fees may be automatically deducted from a ProAccount Clients retirement plan account and paid directly to NIA, NIA will not have custody or possession of, or a proprietary interest in, any ProAccount Client's retirement plan account assets. Terminating Participation in Nationwide ProAccount ProAccount Clients may terminate their participation in Nationwide ProAccount with reasonable advance written notice to NIA. ILIA is entitled to any outstanding fees due at the time of the termination of the investment advisory relationship. Participation in Nationwide ProAccounto will automatically terminate upon the plan's termination of its relationship with Nationwide ProAccount or the NRS Retirement Program. 7 Y . Nationwide ProAccount Risks NIA provides investment management services for other clients and will continue to do so. NIA and its personnel and affiliated companies nay give advice or take action in performing duties for other clients, or for their own accounts that differs from advice given to or action taken for ProAccount Clients. Investments in a ProAccount Client's retirement plan account involve risk and may not always be profitable. Investment return and principal will fluctuate with market conditions and a ProAccount Client may lose money. Past performance of investments is no guarantee of future results. The analysis and advice provided by Wilshire and delivered by NIA depends on a number of factors, including the information provided by a ProAccount Client, various assumptions and estimates and other considerations. As a result, the advice developed and recommendations provided are not guarantees that a ProAccount Client will achieve his or her retirement goals or anticipated performance. Any investment advice a ProAccount Client receives is for his or her personal benefit and not for the benefit of any other person. The investment advice is only for the assets within a ProAccount Client's retirement plan account and is not applicable to any other assets owned. To the extent permitted by applicable law or regulation, NIA and /or its affiliated companies may receive compensation from, or in connection with, mutual funds selected by Wilshire far inclusion in Nationwide ProAccount portfolios. In addition, Wilshire may select certain mutual funds for which NIA or an investment advisory affiliate of NIA acts as investment adviser. Wilshire's fees for services provided under Nationwide ProAccount are not related to the mutual funds Wilshire selects for the Nationwide ProAccount portfolios or otherwise influenced by the revenue NIA or its affiliates may receive from such mutual funds. NIA Investment Process NIA's Asset Strategies Team (the "learn" is responsible for managing the relationship with Wilshire. NIA's Investment Committee is responsible for overseeing the activities of the Team including its ongoing monitoring of the services provided by Wilshire in developing and maintaining the Nationwide ProAccount portfolios. The Investment Committee meets at least quarterly and will review all aspects of the Nationwide ProAccount portfolios. �� Investment Committee Membership The following individuals are members of the Investment Committee: L nnett K. Ber, er Chairperson Born: 10/25/65 Education: Rahoud U- nivetsiteit, 1 987, B .A., MA Economics and Public/Private Business Administration., 1990 Business Background: Senior Vice President -Chief Investment Officer and Manager, Nationwide Investment Advisors, LLC, 612009 — Present Chief Investment Officer, Nationwide Funds Group, 6/2009 — Present Director of Economic and Risk Analysis Lab, M &T Bank, 2007 — 2009 Chief Operating Officer, MTB Investment Advisors, 2003 -2007 Senior Product Management, MTB Investment Advisors, 2000 -2003 Michael S. Spangler Bozo.: 3126166 Education: Elizabethtown College, 1988, BS, Lehigh University, 1993, MBA Business Background: President and Manager, Nationwide Investment Advisors, LLC, 612009 -- Present President, Nationwide Funds Group, 612008 — Present Senior Vice President, Nationwide Financial Services, Inc., Nationwide Life and Annuity Insurance Company and Nationwide Life Insurance Company, June 2008 — Present Managing Director, Morgan Stanley Investment, 2007 -2008 Executive Director, Morgan Stanley Investment, 2004 -2006 President, Touchstone Investments, 2004 -2004 Nice President, Touchstone Investments, 2002 --2004 Ste hen T. Gru eon Born: 10/26/50 Education: University of Baltimore, BS Accounting, 1976 Business Background: Executive Vice President -- Chief Operating Officer and Manager, Nationwide Investment Advisors, LLC, 612009 — Present Executive Nice President and Chief Operating Officer, Nationwide Funds Group, 512007 — Present Executive Vice President, NNM Investments, 2006 -2007 Vice President, NwD Investments, 2003 -2006 Chief Operating Officer, Corviant Corporation, 1999 -2003 Thomas R. Hickey, fir. DOB: 9/18/52 Education: Amherst College, BA, 1974, Suffolk University Law School, JD, 1979 Business Background: round: 9 Vice President and Head of Asset Strategies, Nationwide Funds Group, 2009 — Present Vice President, Product Management, Nationwide Funds Group, 200 1 -2009 ' Head of Variable Annuity Plans, Vanguard Croup, 1999 — 2000 Vice President, Equity Operations, Guardian Life Insurance Company 1984 — 1999 Timothy A Rooney DOB: 1219165 Education: Baruch College, BBA, 1988, New York University, MBS, 1994 Business Background: Associate Vice President, Nationwide Funds Group, Product Management, 912009 — Present Vice President Strategic Initiatives, Sun America Retirement Markets, 2005 -2009 Director Strategic Initiatives, Pacific Life, 1998 -2005 Michael M. Russo Born: 513168 Education: Hofstra University International Business, BBA, 1990, Hofstra University, Certificate in Banking 1996, Pace University International Business, MBA 2001 Business Background: Associate Vice President, Management Strategy, Nationwide Funds Group, 912009 - Present Vice President, Senior Product Research Analyst, Bank of New York Mellon, 2007 -2009 Vice President, Manager of Investment Analytics, Bank of New York Mellon, 20042007 Peter R. Salvator B orn : 10/25/64 Education: The Ohio State University, 1991, B.S., Business Administration, Accounting Business Background: Associate Vice President, Managed Accounts, Retirement Plans, Nationwide Financial 512009 -- Present President, Nationwide Investment Advisors, LLC, 312005 — 612009 Sales Director — Nationwide Financial, 212002 — 512009 Vice President — Fidelity Investments Institutional Services, Co., 211999 — 0112002 Associate Vice President — Guardian Life Insurance, 6/1994 -- 1/t999 Harold C. Schafer Born: 5123163 Education: The Ohio State University, B.S. Mathematics, 1986 Business Background: Associate Vice President, Business Development, Nationwide Financial, 512005 Present Associate Vice President, Business Development, Advisory Services Program, 712003 — Present Product Officer, Business Development, Advisory Services Program, 612002 — Present 10 Steven C. Toole 4 C', Born: 10110/63 Education: The Ohio State University, B.S., Mao keting Business Background: Nice President, Business Development, Nationwide Retirement Solutions, 2006 — Present Case Management Director, Nationwide Retirement Solutions, 1999 — 2006 Sales Support, Division Manager, Nationwide Retirement Solutions, 1997 -1999 Code of Ethics Effective August 31, 2004, the Securities and Exchange Commission ( "SEC ") adopted Rule 204A -1. The rule requires SEC registered investment advisers to adopt and implement a Code of Ethics ( "Code ") no later than February 1, 2005. Effective January 26, 2005, NIA adopted a Code setting forth standards of conduct expected of its Supervised Persons and Access Persons, as defined in the Code. NIA is committed to reflect the highest standards of professional conduct, ethical behavior and personal integrity. All Supervised Persons must: 0 place the interests of MIA's clients first at all times and uphold the duties of care, honesty and loyalty a avoid and disclose any actual or potential conflict of interest with the interests of NIA's clients, which may arise where NIA or any of its Supervised Persons has reason to favor the interests of any other person or business over the best interest of any client conduct all personal securities transactions, including those involving Reportable Securities (as defined in the Code) in a manner consistent with the Code maintain the confidentiality of all non - public, sensitive and/or client- related information in accordance with the Code adhere to the fundamental standard that they will not take inappropriate advantage of their positions of trust and responsibility comply with all applicable Federal Securities Laws All potential violations of the Code will be reported to the CCO of NIA and may result in appropriate disciplinary actions. All clients of NIA may request a copy of NIA's Code by sending a written request to: Nationwide Investment Advisors, LLC One Nationwide Plaza, Mail Code 1 -12-103 Columbus, Ohio 43215 Attn: Investment Adviser Code of Ethics I Page 1 of 8 Nationwide Investment Advisors, LLC Nationwide ProAccount - Plan Sponsor Agreement Plan: Plan Sponsor: (the "Plan ") (the "Plan Sponsor") The foregoing Plan Sponsor has entered into an administrative agreement whereby Nationwide Retirement Solutions ( "NRS ") provides administrative and recordkeeping services to the Plan. On behalf of the Plan, the Plan Sponsor desires to appoint Nationwide Investment Advisors, LLC ("NIA"), an Ohio limited liability company, registered as an investment adviser with the Securities and Exchange Commission under the Investment Adviser's Act of 1940 ( "Advisers Act") and an affiliate of NRS, as an authorized provider of investment advisory services to participants in the Plan C'Plan Participants ") who desire professional guidance in managing their self - directed accounts within the Plan ("Accounts"). NIA's ProAccount program (the "Advice ProgramO offers individualized investment advice using an investment process developed and maintained by an independent financial expert ("IFE") selected and retained by NIA. WHEREAS, on behalf of the Plan, the Plan Sponsor hereby approves NIA as an authorized provider of investment advisory services through the Advice Program to those Plan Participants who choose to have their Accounts managed by NIA (collectively, the "Plan's Account"); WHEREAS, the Plan Sponsor hereby authorizes each such Plan Participant's self - direction of their own Account, subject to guidelines imposed by the Plan, and authorizes each Plan Participant to enter into an investment advisory agreement directly with NIA for the management of their account; WHEREAS, the Plan Sponsor acknowledges that such advisory services are permitted under the documents establishing the Plan C'Plan Documents ") and that the investments and investment strategies proposed by NIA through the Advice Program are consistent with the Investment Policy of the Plan; and WHEREAS, Plan Sponsor acknowledges that NIA and NRS are affiliates and that NRS will provide to NIA certain administrative services in support of the Advice Program; NOW, THEREFORE, in consideration of the foregoing and the promises, covenants and mutual agreements set forth herein, the adequacy of which is hereby mutually acknowledged, NIA and the Plan Sponsor, each intending to be legally bound, hereby do agree as follows: I. APPOINTMENT OF INVESTMENT ADVISOR The Plan Sponsor hereby appoints NIA to exercise discretionary authority to allocate and reallocate Plan Participant Accounts in the manner described in Section II below and NIA hereby accepts this appointment, subject to the terms and conditions of this Agreement. NIA's authority under this Agreement will remain in effect until changed or terminated pursuant to the termination provisions described in this Agreement, NRS Plan Sponsor Agreement NRS -3503 (NR?vt- 7982A0) 08110 Page 2 of 8 III ADVICE PROGRAM DESCRIPTION The Advice Program is a discretionary managed account service offered by NIA for retirement plan participants who desire professional guidance in managing their self- directed retirement plan account. The Advice Program offers individualized investment advice using an investment process developed and maintained by an IFE. Tinder the Advice Program, the IFE develops and maintains managed account portfolios ( "Portfolios") based on the investment options available in the Plan that are common to the standard investment menus available through the National Association of Counties ("NACo"), the United States Conference of Mayors ("USCM") and the International Association of Fire Fighters ( "IAFF ") deferred compensation programs ( "Advice Program Investments"), which may represent a subset of the overall investment options available through the Plan's Group Flexible Purchase Payment Deferred Variable and Fixed Annuity Contract(s) offered by Nationwide fife Insurance Company ( "Nationwide Retirement Program "). The complete listing of Advice Program Investments is found in the Advice Program enrollment materials. In its evaluation of Advice Program Investments for inclusion in the Portfolios, the IFE takes into account the maximum range of asset fees associated with the Nationwide Retirement Program, but does not consider the specific asset fees charged by the Nationwide Retirement Program to the Plan. In addition, the Plan may offer investment options other than Advice Program Investments, including but not limited to, individual stocks, employer stock, guaranteed certificate funds, and collective investment funds (collectively, "Non- Advice Program Investments"), which will not be considered by the IFE in the development of Portfolios. In order for Plan Accounts to be eligible for management under the Advice Program, they must be invested in mutual funds or variable insurance sub - accounts at the time the Plan Participant enrolls in the Advice Program. Plan Sponsor hereby acknowledges that any employer - directed assets, restricted assets (including assets invested in the Nationwide Fixed Contract), or assets held in self- directed brokerage accounts are not eligible for the Advice Program and will remain invested in their current manner until further action is taken by the Plan Participant or the Plan. The IFE is not a party to this Agreement, and there is no contractual relationship between the Plan and the IFE. All fees and expenses charged by the IFE for its services will be paid by NIA. The advice provided to Plan Participants under the Advice Program is limited to the independent advice provided based on the Portfolios created by the IFE, which NIA cannot modify. By signing this Agreement, you agree that MIA has discretion to terminate its relationship with the IFE at any time, without notice to you, and engage the services of a suitable replacement. By allowing the Advice Program to be offered to the Plan, you are naming NIA as an authorized provider of investment advisory services to those Plan Participants who choose to have their accounts managed by NIA. HI, OBLIGATIONS AND REPRESENTATIONS OF THE PLAN SPONSOR The Plan Sponsor agrees to notify NIA of any change to the Plan Documents that affects NIA's rights or duties to the Plan or Plan Participants, and acknowledges that such change will bind NIA, as the case may be, only when NIA agrees to it in writing. Plan Sponsor hereby approves NRS plan Sponsor Agreement NRS -3503 (NRM- 7982AO) 08110 Page 3 of 8 all forms that MIA has developed for use by Plan Participants with respect to the solicitation and enrollment of such participants into the Advice Program, The Plan Sponsor represents that (1) NIA's investment advisory services are permitted under the Plan Documents; (2) the Plan Sponsor has the authority to enter into this Agreement on behalf of the Plan; and (3) the Plan is operated, and NIA's appointment is, in compliance with all applicable federal and state laws rules and regulations. IV. OBLIGATIONS AND REPRESENTATIONS OF NIA NIA agrees that in performing any of its duties and obligations hereunder, ILIA will act in conformity with all terms and provisions of the agreements entered into behveen NIA and the Plan Participants and any instructions given pursuant thereto or otherwise, and will conform to and comply with the requirements of the Advisers Act and all other applicable federal and state laws, rules and regulations, as each may be amended from time to time. NIA represents that it is registered as an investment adviser under the Advisers Act or under applicable state law in each state in which it is providing investment advisory services or is otherwise required to be registered and/or notice filed, and each of its representatives are properly registered, licensed and/or qualified to act as such under all applicable federal and state securities statutes and regulations. NIA does not have any duty, responsibility or liability for Plan assets that are not part of the Plan's Account that NIA manages through the Advice Program. NIA will not be providing investment advice regarding, or have fiduciary responsibility for, the selection and monitoring of investment options available in the Plan. NIA shall have no obligation or authority to take any action or render any advice with respect to the voting of proxies solicited by or with respect to issuers of securities held in the Advice Program. V. ADVICE PROGRAM FEES In consideration of services rendered to Plan Participants, the Plan Sponsor hereby approves, subject to specific approval by each Plan Participant electing to have their Accounts managed by NIA., a participant level Advice Progam fee ( "Advice Program. Fee") as outlined in the following schedule: Account Balance Annual Program Fee The first $99 999.99 1.00% The next $15 0,000 0.90% 1 0.75% The next $150,004 The nex $100,004 0.60% Assets of $500,000 and above 0.50% The Advice Program Fee is in addition to any trustee, custodial, asset, service, administrative or transactional fees that the Plan Participants or the Plan may incur through the Nationwide NRS Plan sponsor Agreement NRS -3503 (NFM- 7982AQ) 08110 Page 4 of 8 Retirement Program. The Advice Program Fee shall be calculated daily based on the Participant's daily balance and the calculated Advice Program Fee withdrawn quarterly in accordance with each Plan Participant's investment advisory agreement with NIA. The Plan Sponsor hereby consents to the withdrawal of the Advice Program Fee from the applicable Plan Participant Accounts and agrees that it will use its best efforts to facilitate payment of such Advice Program Fee. If this Agreement ends before the end of the applicable calendar quarter, then a pro -rata share of the Advice Program Fee will be withdrawn from the Plan's Account. To the extent permitted by applicable law or regulation, affiliates of NIA may receive payments from, or in connection with, investment options selected by the IFE which are included in the Portfolios. In addition, the IFE may select certain investment options for which NIA or an investment advisory affiliate acts as investment adviser. The IFE's fees for services provided under the Advice Program are not related to the investment options the IFE selects for the Portfolios or otherwise influenced by the payments NIA or its affiliates may receive from such investment options. Certain Advice Program Investments may charge a redemption fee or impose a trade restriction on certain transactions. Redemption fees vary in amount and application from investment option to investment option. It is possible that transactions initiated by NIA under the Advice Program may result in the imposition of redemption fees or trade restrictions on one or more investment options held in Plan Participant Accounts. Any redemption fees will be deducted from the Plan Participant's Advice Program Account balance. For further information on redemption fees or trade restrictions, including whether they will be applicable to any of the investment options within your Plan, please consult the individual fund prospectus or other investment option disclosure material. iV'I, INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISK ACKNOWLEDGMENT Each patty agrees to hold harmless, defend and indemnify the other party (including its directors, officers, employees, affiliates and agents) from and against any and all claims, liabilities, losses, costs, damages or expenses (including, without limitation, cost of litigation and reasonable attorneys' fees) (collectively, "Losses ") arising out of or attributable to the indemnifying party's (i) willful misconduct, bad faith, criminal activity, or gross negligence, (ii} matefal breach of this Agreement or the material inaccuracy of any representation or warranty provided hereunder, or (iii) violation of any law to which such party is subject. Plan Sponsor, on behalf of the Plan, agrees to hold harmless, defend and indemnify NIA. (including its directors, officers, employees, affiliates and agents) from and against any and all Losses arising out of or attributable to MA's following directions or carrying out instructions, or using obsolete, inaccurate or incomplete information, given or furnished by the Plan ox its agents. A party that seeks indemnification under this Section VI must promptly give the indemnifying party written notice of any legal action. But a delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action. The indemnifying party may participate in NRS Plan Sponsor Agreement NRS -3503 (NRM- 7982AQ) 08110 Page 5 of 8 the defense at any time or it may assume the defense by giving notice to the other party. After assuming the, the indemnifying party: must select are attorney that is satisfactory to the other party; is not liable to the other party for any later attorney's fees or for any other later expenses that the other party incurs, except for reasonable investigation costs; must not compromise or settle the action without the other party's consent (but the other party must not unreasonably withhold its consent); and is not liable for any compromise or settlement made without its consent, if the indenYnify"ng party fails to participate in or assume the defense within 15 days after receiving notice of the action, the indemnifying party is bound by any determination made in the action or by any compromise or settlement made by the other party Federal and state securities lays impose liabilities in certain circumstances on persons who act in good faith, and nothing in this Agreement waives or limits any rights either party has under those laws. Risk Acknowledgment NIA uses reasonable care, consistent with industry practice, in providing advisory services through the Advice Program. Investments within the Plan, as all investments in securities, involve risk and will not always be profitable. Investment return and principal will fluctuate with market conditions, and Plan Participant Accounts may lose money. Past performance of investments is no guarantee of future results. The analysis and advice provided by the IFE and delivered by NIA depends upon a number of factors, including the information you or the Plan Participants may provide, various assumptions and estimates, and other considerations. As a result, the advice developed and the recommendations provided are not guarantees that Plan Participants will achieve their retirement goals or anticipated performance. The investment advice provided under this Agreement relates only to the Plan Participant Accounts and will not apply to any other assets a Plan Participant may own. VII. CONFIDENTIALITY Each patty agrees that it will not, without the prior written consent of the other party, at any time during the term of this Agreement or any time thereafter, except as may be required by competent legal authority or as necessary to facilitate the implementation of services hereunder, use or disclose to any person, firm or other legal entity, including any affiliate or other representative of the party, any confidential records, secrets or information related to the other party (collectively, "Confidential Information"). Confidential Information shall include, without limitation, information about the other party's products and services, customer lists, customer or client information, Plan and Plan Participant information, and all other proprietary information used by the party in its business. The parties acknowledge and agree that all Confidential Information that it has acquired, or may acquire, was received, or will be received in confidence. Each party will exercise utmost diligence to protect and guard such Confidential Information. The Plan Sponsor (1) acknowledges that it is authorized to provide Confidential Information, I ncluding but not limited to Plan Participant information, to NIA for the operation of the Advice Program, and the provision of such information does not violate any Plan or company provisions NRS Plan Sponsor Agreement FIRS -3503 (NRM- 7982AO) 08110 Page 6 of 8 or policies; and (2) authorizes the sharing of Plan Participant information among NIA and its affiliates as necessary for the operation of the Advice Program. vIII. TERM OF AGREEMENT This Agreement shall become effective upon acceptance by NIA, or its designated agent, upon review and receipt in its principal place of business, and such acceptance may be evidenced by internal records maintained by NIA or its designated agent. This Agreement shall continue until terminated by either party upon at least 30 days' advance written notice to the other. This Agreement will terminate immediately if the Plan terminates its participation in the Nationwide Retirement Program. In the event NIA terminates its relationship with the current IFE and has not designated a successor IFE, this Agreement shall automatically terminate upon written notice fi•orn. NIA. The Plan Sponsor understands that upon termination of this Agreement, the Plan's Account will remain invested in the Advice Program Investments last allocated by NIA until such time as Plan Participants make changes to their individual Accounts. IX. MISCELLANEOUS Notices All notices required to be delivered under this Agreement will be delivered in person or by U.S. first class mail, overnight courier, or facsimile (with a paper copy provided via the U.S. mail), in each case prepaid, to NIA at the address provided below and to the Plan Sponsor at the address provided on the signature page of this Agreement (or to such other addresses as the parties may specify to one another in writing): Nationwide Investment Advisors, LLC 5140 Rings Road, Mail Stop RRI -46 -05 Columbus, Ohio 43017 -1522 Attention: ProAccount Phone: 8881540 -2896 Fax; 614/435 -5419 Notices will be deemed given upon dispatch. Form ADv The Plan Sponsor acknowledges having received and read NIA's Form ADD, Part II or brochure containing such information ( "Form ADv" ) and Privacy Policy upon entering into this Agreement. The Form ADD is a disclosure document that summarizes the investment advisory services provided by are investment adviser registered with the SEC andlor the states. The Form ADD contains additional information about the Advice Program. FIRS Plan Sponsor Agreement NRS -3501 (NRM- 7982AO) 08/10 Page 7 of S Entire Agreement# Amendment 'j This Agreement constitutes the entire agreement between the parties hereto with respect to the obligations arising hereunder and supersedes and cancels any prior agreements, representations, warranties or communications, whether oral or written, among the parties hereto relating to the subject matter hereof. This Agreement maybe amended by NIA upon 30 days' prior written notice to the Flan Sponsor and may be amended immediately upon notice to the extent required to satisfy federal or state regulatory requirements. Headings All Section headings in this Agreement are for convenience of reference only and do not form part of this Agreement, Section headings will not, in any way, affect the meaning or interpretation of this Agreement. Waiver No delay by either party in requiring performance by the other shall affect the right of such party to require performance; no waiver by either party of any breach shall be construed as a waiver of any subsequent breach or as a waiver of the provision itself or any other provision. Survival All terms and provisions of this Agreement, including without limitation: "Indemnification, Limitation of Liability, and Risk Acknowledgment," "Confidentiality," and Miscellaneous" which should by their nature survive the termination of this Agreement, shall so survive the termination of this Agreement. Assignment Neither party may assign this Agreement (within the meaning of the Advisers Act) or assign any of the rights or delegate any of the duties or obligations of this Agreement without the other party's prior consent. Any assignment in violation of this provision shall be void and of no force or effect. Ponce Majeure Neither party shall be liable for failure to perform if the failure results from a cause beyond its control, including, without limitation, fire, electrical, mechanical, or equipment breakdowns, delays by third party providers and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of government authority or new governmental restrictions, or acts of God. S everab it ity Should any provision of this Agreement be held invalid or unenforceable by any court, arbitrator, statute, rule or otherwise, the remaining provisions of this Agreement will not be affected thereby and will continue in full force and effect to the fullest extent practicable. Governing Law This Agreement and its enforcement will be governed by and construed in accordance with the laws of the State of Ohio, without regard to the conflicts of law provisions or principles. NRS Plan Sponsor Agreement NRS -3503 (NRM- 7982AO) 09/10 Page 8 of 8 Nothing herein will he construed in any manner inconsistent with the Advisers Act or any rule or order of the Securities and Exchange Commission, as applicable. IN WITNESS WHEREOF, the Plan Sponsor, on behalf of the Plan, has executed this Agreement as of the date set forth below. Plan: By. (signature) - Print Name: Plan Address: Plan Contact /Telephone: Date: ACCEPTED BY ILIA: Nationwide Investment Advisors, EEC Lam Print Name: Title: Title: Date: NRS plan Sponsor Agreement NR5 -35D QiR►M- 7982A0} 08110 Nationwide Privacy Statement Thank you for choosing Nationwides Our privacy statement explains how we collect, use, share, and protect your personal information. So just how do we protect your privacy? In a nutshell, we respect your right to privacy and promise to treat your personal information responsibly. It's as simple as that. Here's how. Confidentiality and security We follow all data security laws. we protect your information by using physical, technical, and procedural safeguards. we limit access to your information to those who need it to do their jobs. Our business partners are legally bound to use your information for permissible purposes. Collecting and using your personal information We collect information about you when you ask about or buy one of our products or services. The information comes from your application, business transactions with us, publicly available sources, and consumer reports. Please know that we only use that information to sell, service, or market products to you. We may collect the following types of information: ■ Name, address, and Social Security number • Assets and Income • Property address and value • Account and policy information • consumer report information • Family member and beneficiary information • Public information Sharing your information for business purposes We share your information with other Nationwide companies and business partners. when you buy a product, we may share your personal information for everyday business purposes. Some examples I nclude mailing your statements or processing transactions that you request. You cannot opt out of these. We also share your information with your agent or producer. 'they use your personal information to manage your policy or account. We may also share your personal information as federal and state Jaw requires. Sharing your information for marketing purposes We don't sell your information for marketing purposes. we have chosen not to share your personal information with anyone except to service your product. So there's no reason for you to opt out. If we change our policy, we'll tell you and give you the opportunity to opt out before we share your information. Using your medical information We sometimes collect medical information. We may use this medical information for a product or service you're interested In, to pay a claim, or to provide a service. we may share this medical information for these business purposes if required or permitted by law. But we won't use it for marketing purposes unless you give us permission. Nationwide jal On Your Side Accessing your Information You can always ask us for a copy of your personal information. Please call us at one of the phone numbers listed below to access your personal information or for questions about our privacy policy. We have a process that allows you to review your information and for your protection, we will verify your identity first. We can only give access to information that we control. We don't charge a fee for giving you a copy of your information now, but we may charge a small fee in the future. Individual Annuities and Life and health operations 1-866-223-0303 TTYITTD services 1 - 800 - 238 -3035 Nationwide Investment Advisors, LLC 614-249-5948 You can change your personal information at MyNationwide.com or by calling your agent or producer. But we can't update information that other companies provide to us. So you'll need to contact these other companies to change and correct your information. A parting word ... These are our privacy practices. They apply to all current, joint, and former clients of Nationwide Financial and the affiliates and subsidiaries that offer life insurance, banking services, and investments. This includes the following companies: Nationwide Life Insurance Company__ Nationwide Life and Annuity Insurance Company Nationwide Retirement Solutions, Inc. NFS Distributors, Inc. Pension Associates, Inc, Nationwide Investment Services Corporation Nationwide Investment Advisors, LLC Nationwide Financial institution Distributors Agency, Inc. Nationwide Retirement Solutions, Inc. of Arizona Nationwide Retirement Solutions, Inc. of Ohio Nationwide Retirement Solutions, Inc. of Texas Nationwide Retirement Solutions Insurance Agency, Inc, Nationwide Sank NRN- 0230A0 Eftective Date; December 16, 2009 Attachment D . Nationwide Retirement Solutions a Nationwide Financial® company Plan Sponsor Signature Page My signature below represents that I have the authority of my Employer to act on Behalf of the plan. I acknowledge receipt of a copy of the certificate of Participation and Disclosure Document (certificate). I understand that the certificate replaces prior versions. l have read and understand the certificate and will contact my Nationwide representative if] have any questions or concerns. In addition, my Employer's plan hakes the following selections: 1. 457(b) Plan Document - My Employer's plan has formally adopted the Plan Document, effective January 1, 2011, and directs Nationwide to administer in accordance with its terms. I understand that the Plan Document provides that Nationwide may propose future amendments to this plan and outlines a process by which my Employer may file objections. I acknowledge that any future amendments to this Plan Document, to which my Employer has not objected, will be deemed adopted with my consent and at my direction. I certify that the signature will apply to all plan(s) listed below. If your Employer does not wish to adopt- the Plan Document, please check the box below. A Nationwide representative will contact you to obtain additional information regarding the plan document applicable to your Employer - s plan. Q I do NOT wish to adopt the Plan Document. 2. Nationwide ProAccount -- My Employer agrees to the terms of the Nationwide ProAccount Plan Sponsor Agreement, and the ProAccount service will continue to be made available to plan participants. If your Employer wishes to terminate the ProAccount service, please check the box below and contact Nationwide at 877- 496 -1630 to provide additional instructions regarding the effective date of termination for plan participants currently enrolled in ProAccount. El I wish to TERMINATE ProAccount Name of authorized signer Date Printed name of signer Entity Name Entity # • . RETURN THIS PAGE VIA FAX WITH YOUR SIGNATURE TO NATIONWIDE AT 1-877- 677 -4329. Or, please send this self - addressed signature page via mall. NRM- 8537AO (04111) GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Audited balance at June 30, 2519 Addition of 2399 -10 operations Amount $ 19, 959,122 213,195 o -, % of General Fund Revenue 19.5 * Balance at June 28, 2911 $ 29,172,315 19.54% ** Nate: On December 21, 2904, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2009 -10 a range of 9.5 %- 10.5% of General Fund Revenues 2009 -10 General Fund Revenues $185,755,550 9.5% of General Fund Revenues $17,741,872 10.5% of General Fund Revenues $19,509,438 ** 2010 -11 a range of 10.0% -11.0 % of General Fund Revenues 2010 -11 General Fund Revenues $189,518,155 10.0 % of General Fund Revenues $18,951,819 11.0 % of General Fund Revenues $20,858,000 The Unappropriated Fund Balance of the County is currently maintained at 10.54% 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 Adn•iiriistrator"?04- 0=2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor Countv Capital Reserve (Projects not in the CIP, architecturaUengineering services, and other one -time expenditures.) Audited balance at J u ne 30, 2010 Addition of 2009 -10 operations September 28, 2010 Appropriation for option on 5755 Crystal Creek Drive December 14, 2010 Appropriation to purchase one fire vehicle December 14, 2010 Appropriation to replace the Walrond Park ball field lights December 14, 2010 Appropriation to terminate agreement for Jack Smith Industrial Park December 14, 2010 Appropriation to purchase property and house at 5755 Crystal Creek D Balance at June 28, 2011 Maim Countv Capital Reserve Amount $1,400,233.20 2, 075, 577.00 (6,000.00) (82,847.00) (150,000.00) (382,632.72) (60,000.00) $2 (Projects in the OF, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2010 $883,539.00 May 12, 2011 Appropriation for the purchase of two acreas from K. W. and ($306,000.00) Nancy A. McNeil for library purposes Balance at June 28, 2011 $577,539.00 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator 'W( O -3 RESERVE FOR BOARD CONTINGENCY COUNTY of ROANOKE, VIRGINIA From 2010-2011 Original Budget July 13, 2010 Appropriation for Legislative Liaison December 14, 241 0 Appropriation for Special Election January 11, 2011 January 11, 2011 Appropriation for additional audit fees Balance at June 28, 2011 Submitted By Rebecca E. Owens Director of Finance Amount $ 100 (24,000.00) (19, 520.00) (8,217.50) Approved By B. Clayton Goodman III County AdministratorW2-- ACTION NO. ITEM NUMBER 0-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: June 28, 2611 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of May 31, 2611. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 28,812 28,812,566.67 GOVERNMENT: SMITH BARNEY CONTRA 19,874.49 SMITH BARNEY 57 WELLS FARGO 14,621,966.66 WELLS FARGO CON - BRA 6.66 71,654,493.36 LOCAL GOVT INVESTMENT POOL: 5,693,663.17 24,883,769.75 GENERAL OPERATION 13 13 CD: BRANCH BANKING & TRUST 2 2,666 MONEY MARKET: BRANCH BANKING & TRUST 1 MORGAN STANLEY - JAIL 1,166,824.45 SMITH BARNEY 16,578 STELLAR ONE 1,635,238.19 WELLS FARGO 5,693,663.17 24,883,769.75 TOTAL 139, 853, 867.99 06/28/2011 0 N a � o 0 0 C7 c� O LO 00 M r 1 * 00 CY) f` (D r 0) LO (C) (D M LO r` N 00 O (D O O CC) (D M LO (D N r` M L(7 N r` r` M d7 N L(7 O N d7 N CC) 00 00 r CD LO O N 00 C6 M M r CA O 6 Lt7 L6 N Lf7 f` M 00 O ti Lfi r N ' 'IT r ' r It 00 N N N ti M CC) N O O � r` N O r C O LO 00 r` r` M M ;�r L(7 r O LO O N � O O a� a 4 N � (D r LO fa it r CA � r r M � O �L (D � d) M N r ti CF) r (D 00 r` ti _N N (D � d7 � LO I N 00 a O (D co (D O N LO CO m O f` M M E- a � N N M (D N (D M 07 d N m NT Lr) P� LO r r r CD M N r M N � 00 C 'IT r 'IT r CO ' r > r ' M 00 L It O MFG � U ti Ln CO V M 00 ti r` (D a� 00 (D N LO M N O N 0) 00 d7 N r I` r C37 O 00 r` O M 00 N m .he M N O N O _ CC) d7 LO � N W m O w .O O m o 0 O r ti d a7 � O +� ti N > m Q' CC co M O C ♦"� r r` O r (D I` O rl O 00 r f` CY) � s � CY) ( N CA L O L r (D r` C LL r (D d > I` E L r 00 �""' O L. 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F- M V r N M LO r N M'IT d a7 0 f` 00 r N O (D O O 1` O 1` O O 1` ti m N w � M M r Lfl M ti O r 00 U") Lf) O O O O N m 0 w d? m 0 1` q ti N N;� O O O O 00 r O M Lf� 6 M 6 6 N r f` M O O O O O M � QO CO O r r U 1 I�r to r M m O M 1` 1` N M 0 0 0 w 0 It r � N m 00 M O M 00 00 m I` O M r ti 0 (4 O Ln cM r N Ln f` O 00 N r r 0 00 m 00 d7 Ln co ti O N ui O 1` Ln co M M � (fl O O N M M N f` m N 00 00 m O M O Lf� r 00 t0 ti 00 co r Lfl 00 d7 N N I` w r O (fl r- r r O �; Ln M r ~ Ltd N � L a N N Ln r 1 O w 7 0 N ti I` 1 N I i M r N M 00 INT pp m 00 m O O O O m T ap O N ti r 1� 0 O O O O m 00 Q� 3 O ti O O r ti M M r N O 00 r GO 3 (M 00 00 f> O m 00 U r CO m N I> m f` 1 r r I` O C1 L[7 N N 00 O 00 m N r Lf7 N O O O O O ti co w M (4 N � O N O M 0 00 N O N O O M r ti m It 00 O N CD r O O (D 00 m co N 0 00 m � N M O ti O N ui O 1` Ln G M M � (fl O O N M M M LO m '� 00 00 M O r 00 Lf� r 00 N (4 U r Lfl 00 d7 N N I` w r O � O Co r r O (9 N N Lfl ~ Ltd N � L a N N Ln Lt) O w 7 0 N ti 00 O r I` O C1 L[7 N N 00 O 00 m N r Lf7 N O O N r O O O O M 0 00 r r M (4 q ap Ln r m r (D r M M to m O N O O N M ti 00 co C6 N N r 0 L6 N (D rl d7 0 0 00 N M vi N 0 m 00 N m m O 1` N N M M r ti 1` M 00 m f` M f` M m M r r CO M CO 00 r M r 1 * (4 ;T r r Lfl r r 00 I` N r O � O Co r N O r N N Lfl d Ltd v C L a N N Ln Lt) O w 7 0 N ti 00 00 r 1` O 0 1 r (o � O O O O M m 3 It w 0 w N 00 00 LNA m m 1` 'IT O O O � � (D co 3 O N 6 r 1` 6 r M r O 00 O O O � d7 N O 3 00 00 ti O 00 m (D N O 00 L(7 N (4 m 6 r 00 ti ti 00 M O 00 r M M M O O O O N (D On 00 01 0 0 0 0 � Ln (fl M 1I- O O M Ul O le (4 O O N N ti N U) � M r O O O dM 00 0o N N r N LMT M O lqf CO V 1` Ln lqf O O ti IT t0 M O ti r M m co O O U') M 0c0 r 000 M Ln N m � r 1` M r 00 I` N r O � O Co r N O t0 O O r d Ltd v C L a N N Ln Lt) c U 00 M O Q C 0 0 0 O O r 'IT p (fl m Ln ti � Ln 00 O pp m O 0 O O M N r 1` M r r M o 0 0 0 Ltd r O M O O N r 0 (fl m � (9 N O lqf 00 to N O lqf O O r O t0 M (O O N O M O � r C7 M M O O r m Ln r m � O c� 1` Ln r Ln r N r W M 00 r N O t0 O O r d Ltd v C L a N N Lt) O w 7 0 O ti co LO GO 06 2! r N 00 co CD LO Ln 1 N 00 O LC) ti N O ti Ln M CO r 00 r Ln d7 N d7 r CD O Ln LO a r Ltd r M O O Ltd N O r N F- m A E N U_ Q C Q = U) C C) U 0 C a) G1 _ t6 N :3 0 :3 0 otf cn C E CL O cn a'S O 0 C cn cn o ° Z m � m >, �_ c� m O W > O > d J N > m d Cl) v C L a W ® C W L O w 7 0 >% m 06 2! CE W ^� E d✓ (� �R ' ^�' ^�' LO C a) a) o L m O O G E D M W O C m U a U w U v w o U 0 z C: C: L. F- M r N M LO r N M'IT 0 f` 00 r N O (D O O 1` O 1` O O 1` ti O O 00 00 O 00 O 00 O 00 O 00 O 00 O O d) O d) O O O O O O O O O O O O O 0c0 O O a) O O O O CD LO Ln 1 N 00 O LC) ti N O ti Ln M CO r 00 r Ln d7 N d7 r CD O Ln LO a r Ltd r M O O Ltd N O r N F- m A ACTION NO. June 28, 26 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'rING DATE: AGENDA ITEM SUBMITTED BY: APPROVED BY: Accounts Paid —May 2411 Rebecca E. Owens Director of Finance ITEM NO. 0 -7 B. Clayton Goodman III County Administrator '60`6 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 65/13111 Payroll 65/27111 Manual Checks Direct Deposit 2 572.27 1,117,641.8$ Total $ 5,455,615.12 2A30 1,225,893.86 897.06 Checks 170,062.92 168,851.92 897.66 Grand Total $ 8 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 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 resonation 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. R -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA7rE: June 28, 2011 AGENDA ITEM: Resolution approving a proposed amendment to the Roanoke County comprehensive Plan to incorporate Urban Development Areas (UDAs) SUBMITTED BY: APPROVED BY Philip Thompson Deputy Director of Planning B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County comprehensive Plan was adopted by the Board of Supervisors on March 22, 2005. The General Assembly approved a package of legislation in 2007, which included the requirement that localities of a certain size and growth rate incorporate UDAs into 'their comprehensive plans by July 1, 2011. Roanoke county is one of many jurisdictions in the Commonwealth that must comply with these requirements. In addition to regular work sessions with the Planning commission, planning staff has been working with representatives from the Roanoke Valley Alleghany Regional Commission /Roanoke Valley Area Metropolitan Planning organization, - the Virginia Department of Transportation, the Western Virginia Water Authority and the Roanoke County Department of Economic Development to establish a list of recommended UDA sites. The Planning commission held a public hearing on the proposed UDA amendment on June 7, 2011, and forwarded the draft UDA text and maps to the Board of Supervisors with a favorable recommendation (4 -0). A work session was held with the Board of Supervisors on June 14, 2011. Draft text and draft L.IDA maps proposed for inclusion in the comprehensive Plan are Page 1 of 2 included for your review. ALTERNATIVES: 1. Adopt a resolution approving a proposed amendment to the County's Comprehensive Plan to incorporate Urban Development Areas (UDAs). 2. Take no action at this time. STAFF RECoII MENDA'riON: Staff recommends Alternative #1. Page 2 of 2 DRAFT 6128111 Chapter 3: Land Use Issues 8. URBAN DEVELOPMENT AREAS GOAL: To identify and designate Urban Development Areas (UDAs) for new, infill and redevelopment activities that are: Appropriate for higher density development; In close proximity to transportation infrastructure; and Have public water and sewer availability. INTRODUCTION The Commonwealth of Virginia passed legislation in 2007 (Code of Virginia § 15.2- 2223.1) requiring localities with specified growth rates to establish one or more Urban Development Areas (UDAs) within their boundaries by July 1, 2011. Roanoke County meets these requirements due to a population of at least 20,000, a population growth of at least five percent, and adopted zoning. The population of the County was 85,778 persons according to the 2000 Census and 92,376 persons as determined by the 2010 Census for a growth rate of 7.69 percent. The Commonwealth defines Urban Development Area as "an area designated by a locality that is (i) appropriate for higher density development due to its proximity to transportation facilities, the availability of a public or community water and sewer system, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development." Roanoke County UDAs must include the following densities on developable acreage (land that is not included in (i) existing parks, rights -of -way of arterial and collector streets, railways, and public utilities and (ii) other existing public lands and facilities): 1. Four single- family residences per acre; 2. Six townhouses per acre; 3. 12 apartments, condominium units or cooperative units per acre; 4. Floor area ratio (FAR) of at least 0.4 per acre for commercial development; or 5. Any proportional combination thereof. Roanoke County UDAs shall meet the residential and commercial growth projected for at least 10 but not more than 20 years, based upon Virginia Employment Commission (VEC) population estimates. Between years 2010 and 2030, a minimum of 6,672 (based on VEC 2020 population) and a maximum of 13,513 (based on VEC 2030 population) residents and employees must be planned for inclusion in UDAs as indicated in the chart below. Roanoke County Po ulation 1990 -2010 and 2020 -2030 Population Projections Year Population Population Chan a Percent Change Source 1990 79,332 US Census Bureau 2000 85 6 8.13% US Census Bureau 2010 92 6 7.69% US Census Bureau 2020 99 6 7.22% VEC 2030 105 6 6.91% VEC DRAFT 6128111 Chapter 3: Land Use Issues UDA boundaries and sizes shall be revisited every five years along with the review of the Comprehensive Plan, utilizing the most recent population growth estimates and projections. Principles of traditional neighborhood development and financial and other incentives shall also be incorporated into the Comprehensive Plan for use in UDAs. PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DEVELOPMENT The following Traditional Neighborhood Development concepts should be considered for Roanoke County UDAs and at least one should be utilized in each UDA. Stree ts/Trans i t 1. Encourage slower -speed residential roads, variety of roads with different parking options. 2. Working with instead of against existing grades for building streets; organize streets in an understandable network. 3. Utilize shoulder and ditch section in more rural neighborhoods. 4. Encourage public transit and bus shelters. Environment 5. Highlight environmental features. 6. Encourage open space and tree preservation. 7. Use regional cues and rules as a foundation for environmentally responsible design. 8. Include meeting places (squares, plazas, greens, parks) within neighborhoods. Neighborhood Design 9. Stress connectivity — roads, open space, pedestrian and bicycle accommodations including gre enway s . 10. Encourage walking accessibility from homes to schools, day care and recreational facilities. 11. At and toward neighborhood centers — increase commercial activity including retail space, office space in mixed -use buildings and increase housing density. 12. Plan commercial buildings with second stories for housing or offices. 13. Face buildings and meeting places towards streets. 14. Mix multiple housing types and styles. Streetscape 15. Construct sidewalks on at least one side of all streets and on both sides of retail streets; use asphalt for paths and concrete for sidewalks. 16. Locate shady street trees in a grass strip between the curb and sidewalk on all non- commercial streets; place streetlights, mailboxes, trash receptacles and other objects within all grass strips. 17. Use shorter, dimmer streetlights towards neighborhood centers; include lighting at intersections in rural areas. Parking 18. Reduce on -site parking requirements in favor of on- street parking, public parking lots, mass transit and shared parking. 19. Locate parking garages as "anchors" to generate pedestrian activity; parking lots should lead to sidewalks instead of straight into businesses. 2 DRAFT 6128111 Chapter 3: Land Use Issues 20. Between rear parking lots and main street shopping, include a pedestrian walkway lined with shop windows. 21. Require one native shade tree per ten cars in parking lots. Building Design 22. Allow storefront signs 24" tall or less, projecting signs 12" tall or less, prohibit translucent signs and sign awnings. 23. Locate equipment and meters on building sides away from the street. 24. Allow buildings to have flat fronts and simple roofs with more elaborate designs to the rear. 25. Base window proportions, roof pitches, building materials and colors on regional designs. 26. Encourage privacy walls or fences on side property lines between townhouses. 27. Encourage first -floor apartments with adjacent sidewalks be raised at least 2 feet in height so that pedestrians cannot easily see inside. FINANCIAL AND OTHER INCENTIVES The following financial or other incentives may be available to developers and /or property owners building on lands designated as Urban Development Areas: 1. Fast - tracked plan reviews; 2. Reduced application fees; 3. Reduced permit fees; 4. Density bonuses; 5. Commercial Matching Grant Program (Hollins and West Main Street); 6. Utility partnerships /assistance; 7. Transportation infrastructure assistance; 8. Tax revenue reimbursements; and /or 9. Community Development Authorities (CDAs). ROANOKE COUNTY URBAN DEVELOPMENT AREAS Several UDAs have been identified for Roanoke County. To accomplish this task, planning staff compiled a detailed list of characteristics for each UDA including the following features: • Transportation • Access to I -81 or I- 581/220 • Access to a Primary Road (Routes 1 -599) • Bus Service (existing and proposed as part of an adopted County plan) • Proximity to a Park and Ride Lot • Public Utilities • Water Service • Sewer Service • Zoning • Acreage of zoning districts that meet the UDA density requirements (R -1, R -2, R- 3, R -4, C -1, C -2) and percentage of each UDA comprised of these zoning districts • Acreage of undeveloped and vacant parcels by residential zoning district 3 DRAFT 6128111 • Future Land Use Chapter 3: Land Use Issues o Acreage of future land use designations that meet the UDA density requirements (Neighborhood Conservation, Development, Transition, Core) and percentage of each UDA comprised of these designations Each UDA was then ranked according to compiled scores into the following order: 1. Tanglewood Mall 2. Electric Road North 3. South Peak 4. Electric Road /419 5. Brambleton Avenue /221 6. Williamson Road 7. Peters Creek Road 8. Dixie Caverns Area 9. Plantation Road 10. Bonsack Area 11. West Main Street 12. Thompson Memorial /419 13. Wildwood Road 14. Old Mountain Road 15. Glenvar East 16. Clearbrook 17. Clearbrook South 18. Mount Pleasant 19. Back Creek The potential population each area could produce was then calculated. As employment projections are complex to calculate, analysis focused on potential residential growth instead. Anticipated Large Residential Developments Three substantial residential projects planned although not yet under construction were analyzed to determine not only what densities can be expected for upcoming multifamily and townhouse development, but also how many residents can be anticipated from these developments. The Edward Rose Properties, Inc. multifamily development is planned for the intersection of Electric Road and Cove Road, situated in the Electric Road North UDA site. The developer proposes 252 multifamily units on 23.6 acres of land zoned R -3C for a density of 10.7 dwelling units per acre. Multiplying the average Roanoke County household size per the 2000 Census of 2.35 persons per household by the number of units yields 592 anticipated residents. The South Peak Condominium Project is located at the top of the development formerly known as Slate Hill, at the intersection of Electric Road and Franklin Road, part of the South Peak UDA 11 DRAFT 6128111 Chapter 3: Land Use Issues site. 96 multifamily units are proposed for 10.3 acres of R -3 zoned land for a density of 10.3 dwelling units per acre. The projected residents for these 96 units totals 226 people. The Suncrest development is located north of the intersection of Peters Creek Road and Airport Road in the Peters Creek Road UDA site. 114 multifamily and townhouse units are proposed on 12.7 acres of land zoned R -4C for a density of 9.0 dwelling units per acre. 268 residents are anticipated to reside in this development. The average density for these residential developments is 10.0 dwelling units per acre, with a total projected residential population of 1,086 persons. Redevelopment Scenario For sites with residential zoning, regardless of existing development and therefore assuming substantial redevelopment, acreage in R -1 and R -2 districts was divided by the minimum lot size (7,200 square feet) and then the average Roanoke County household size, per the 2000 Census (2.35 persons per household), was multiplied by the minimum lot size to estimate the potential population growth for those districts. For the R -3 and R -4 districts, the average density for three projects nearly underway (10 dwelling units per acre) was multiplied by the acreage with the result multiplied by the average household size (2.35 persons per household). The total estimated residential population was calculated at 23,357 residents. Vacant /Undeveloped Lands Scenario As 23,537 residents is well over the maximum 13,513 residents and employees Roanoke County must accommodate in the proposed UDAs, analysis was then performed on residentially -zoned lands within the proposed UDAs that are currently vacant and /or undeveloped to focus on locations which are more likely to develop first. The total projected population based upon residentially -zoned vacant and undeveloped parcels and including the anticipated large residential development projections was 14,158 people, which exceeds the maximum population projection allowed. Recommended UDA Sites Utilizing the vacant and undeveloped calculations, four proposed UDA sites were removed from the lower portion of the ranked list (Back Creek, Mount Pleasant, Clearbrook South and Old Mountain Road) in order to meet approximately the midpoint of the population projections needed. The resulting list below totals 10,678 people, including the anticipated large residential development projections. 5 DRAFT 6128111 1. Tanglewood Mall (commercial) 2. Electric Road North 3. South Peak 4. Electric Road/419 5. Brambleton Avenue /221 6. Williamson Road 7. Peters Creek Road 8. Dixie Caverns Area 9. Plantation Road 10. Bonsack Area 11. West Main Street 12. Thompson Memorial /419 13. Wildwood Road 14. Glenvar East 15. Clearbrook (commercial) Chapter 3: Land Use Issues These locations are indicated on an Urban Development Areas Map and on the Future Land Use Map. Col 4-0 E . O (D > ® N N N N a _ _ 0 L ° O N ° m cu Q ° L ° o Y N o Of aa)i [ If c U C o m o w o E L L �_ L N C L E 2 o ° m x (0 ° m m a� w en w m m o m m CD U O z � cn � _. N M z co N N Cfl u� Cfl a) O 0 y �RGIN� q ��, } o co 00 d v' - 000000 v Q (V 00 O > -4 a ' �o�o U N �_'n O> a L.(] fo E u rL v Y U a) C Q O m m O C cn _0 ' M Y O O L 1 a) o C: m m °O m o 3: O a� L m /� 0- n t� U U N % z N CV m E > Q C: O 00 O_ta E E a) O a) C c u � L.I.J m � O / }, Of m _0 uJ O L- 0 m > a) L VJ m G cn m L _1 (n L m U Q) 'x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULIE 28, 2011 RESOLUTION APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA TO INCORPORATE URBAN DEVELOPMENT AREAS (UDAs) WHEREAS the General Assembly of Virginia at its 2007 session adopted Section 15.2- 2223.1, Code of Virginia, 1950, as amended which requires localities with specified populations and growth rates to establish one or more Urban Development Areas (UDAs) within their boundaries by July 1, 2011. Roanoke County meets the legally established requirements due to a population exceeding 20,000, a population growth of at least five percent (5 %) within the past decade and adopted zoning; and WHEREAS, the Planning Commission held a public hearing on June 7, 2011, on a proposed amendment to the County's Comprehensive Plan to incorporate Urban Development Areas (UDAs) after advertisement and notice as required by § 15.2 -2204 of the Code of Virginia, and recommended that the Board of Supervisors adopt the proposed amendment into the Comprehensive Plan for Roanoke County, Virginia; and WHEREAS, the Board of Supervisors held a public hearing on the proposed amendment to the Comprehensive Plan on June 28, 2011, after advertisement and notice as required by § 15.2 -2204 of the Code of Virginia; and WHEREAS, the Board of Supervisors concludes that the addition of the proposed UDAs to Roanoke County's Comprehensive Plan is consistent with good planning practices and will promote the health, safety, order, convenience, prosperity and general welfare of all the citizens of Roanoke County in accordance with the present and predictable future needs and resources of the County; Page 1 of 2 NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That the Comprehensive Plan is hereby amended with the addition of Section 8. URBAN DEVELOPMENT AREAS, in Chapter 3: Land Use Issues. 2} That this Resolution is effective from and after June 28, 2011. Page 2 of 2 S -1 PETITIONER: Sandra Finck CASE NUMBER: 8- 6/2011 Board of Supervisors Consent 1 St Reading Date: May 24, 2011 Planning Commission Hearing Date: June 7, 2011 Board of Supervisors Hearing & 2 nd Reading Date: June 28, 2011 A. REQUEST To obtain a Special Use Permit in an R1 -S, Low Density Residential District, with Special Use Permit, to acquire a multiple dog permit for four (4) dogs on a 2.27 acre parcel located at 2929 Elderwood Road, Catawba Magisterial District. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Nicole Pendleton presented the staff report. Staff answered questions regarding the need for the permit and the situation which triggered the request. An electric fence which serves to contain the dogs on the property went offline during periods of construction at the residence. Ms. Finck stated that she would not have needed the permit if she was not keeping her daughter's dog while her family was stationed in Hawaii. D. CONDITIONS 1. The Multiple Dog Permit shall be for a maximum of four (4) dogs. E. COMMISSION ACTION Ms. Hooker made a motion to recommend approval of the Special Use Permit with one condition. The motion carried 4 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission 4904 Deer Point Ct. Greensboro, NC 27406 June 3, 2011 County of Roanoke Department of Community Development PO Box 29800 Roanoke, VA 24018 RE: Petitioner Sandra Finck Request for multiple dog permit at 2929 Elderwood Road Dear Roanoke County Planning Commissioners: As property owners adjoining Ms. Finck's property, we would like to request that Ms. Finck NOT be allowed to have a permit for multiple dogs. We have several reasons for this request: 1) our property (836 Texas Hollow Rd.) is currently rented. We are concerned that multiple dogs will be a deterrent to renting or selling the house. Multiple dogs can be disturbing to neighbors. Although Ms. Finck has 2.24 acres, and it may sound likes she is `out in the country', she is in the North Beverly Heights development. She has neighbors on all but one side of her house. 2) Ms. Finck does not have an effective way of keeping dogs on her property. There is not a sturdy, visible fence between our properties. She has an invisible fence which is ineffective with at least one of her dogs. On many occasions the small back dog has been in our yard and comes up to the house. According to our veterinarian, some breeds of dogs will not stay inside an invisible fence. Also, small dogs have difficulty with the collars fitting well enough to make the electric fence effective. I understand that Ms. Finck stated that contractors disrupted the electric fence but this dog has been roaming the neighborhood for quite a while now and continues to do so. Attached are pictures that our neighbor at 840 Texas Hollow Rd. took on May 28, 2011 showing the dog at our carport. She said the dog left our property, went though her property, and continued on to the next neighbor's property. 3) Currently Ms. Finck has small dogs. Regardless of what her plans may be now, if she has a multiple dog permit, she may get larger dogs in the future. Large dogs tend to be more intimidating and sometimes vicious. Without guaranteed effective fencing, these dogs could potentially be roaming the neighborhood also. Our current tenant has a small child and we really do not want them to have problems with neighborhood dogs. We understand that you will be presenting this letter at the planning commission meeting since we live out of town and cannot make the meeting. Given that Ms. Finck's property is within a housing development, she does not keep the dogs on her property, and the permit could be perceived as a license to get large, disruptive dogs, we must ask you to please deny the permit. If you have questions or need further information, please feel free to contact us. Sincerely, Ivan and Helen Coleman (336) 676 -0078 iwcoleman @gmail.com li E� c RP It % �, r olkor ow ii 4 r lw 626 ,. 1 If lo ir OP �r k yi Y w t M JR As i t � i STAFF REPORT Petitioner: Request: Location: Magisterial District: Suggested Conditions: EXECUTIVE SUMMARY: Sandra Finck Special Use Permit in an R -1 S, Low Density Residential District, with Special Use Permit, to acquire a multiple dog permit for four (4) dogs on 2.24 acres 2929 Elderwood Road Catawba 1. The Multiple Dog Permit shall be for a maximum of four (4) dogs. This is a request by Sandra Finck to obtain a Special Use Permit for a Multiple Dog Permit to allow four dogs at 2929 Elderwood Road. The 2.24 acre parcel is zoned R-1 S, Low Density Residential District with a Special Use Permit, and designated as Neighborhood Conservation by the 2005 Roanoke County Comprehensive Plan. The property meets the zoning ordinance use and design standards for Multiple Dog Permits and the request is generally consistent with the policies and guidelines in the Comprehensive Plan. 1. APPLICABLE REGULATIONS A Multiple Dog Permit is allowed by Special Use Permit in the R -1, Low Density Residential District and is defined as "the keeping, breeding, raising, showing or training of four (4) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective." The Use and Design Standards for a Multiple Dog Permit are: 1. Minimum lot size: One (1) acre; 2. A multiple dog permit shall be permitted only when accessory to asingle- family dwelling; 3. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty -five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. 4. A special use permit shall be required on lots less than five (5) acres in an R -1 or R -2 zoning district. 2. ANALYSIS OF EXISTING CONDITIONS Background — The property is zoned R -1 S, Low Density Residential District with a special use permit. The existing one - story, single - family residence was built in 1986 and is located on the northern portion of the property. The property has a private well and septic system. The petitioner received a special use permit in 2002 for an accessory apartment to house a caregiver for her daughter. The petitioner was notified by a Roanoke County Animal Control Officer that she needed a Multiple Dog Permit. She immediately began the process of obtaining a Multiple Dog Permit. The four dogs two silky - terrier poodles, one maltese- poodle mix and one scotty mix are housed indoors with no outside runs. Surrounding Neighborhood - The subject property and all properties within the surrounding area are zoned R -1, Low Density Residential District. The adjacent uses are residential with single - family dwellings. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout /Architecture — This does not apply. The dogs will be housed indoors and no outdoor runs or other site development is proposed. Access /Traffic Circulation — Access to the subject property would continue via the existing drive way from Elderwood Road. Fire & Rescue /Utilities — Fire and Rescue services would continue as currently provided. Screening and Buffering This does not apply. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated Neighborhood Conservation in the 2005 Roanoke County Comprehensive Plan. Neighborhood Conservation areas are where established single - family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Special Use Permits for Multiple Dog Permits are issued only as an accessory use to a single - family dwelling. Approval of the requested Special Use Permit would not change the existing development pattern in the neighborhood. The request is generally consistent with the policies and guidelines in the Comprehensive Plan. 5. STAFF CONCLUSIONS The request meets the requirements of the zoning ordinance and the 2005 Comprehensive Plan. Staff suggests including a condition limiting the number of dogs to four. CASE NUMBER: 08- 6/2011 PREPARED BY: Nicole Pendleton HEARING DATES: PC: 6/7/2011 ATTACHMENTS: Application Materials Site Inspection Photographs Aerial Photograph Future Land Use Map BOS: 6/28/2011 Zoning Map R -1 Zoning District Regulations Multiple Dog Permit Use and Design Standards County of Roanoke For Staff Use Only P � 11 ou I q Commu Developme Planning & Zoning Date r eceived: Received by: Application fee: PCB date: ' 5244 B ernard Drive 2 t P O Box 29800 Placards issued: f aOS date: Roanoke, VA 24018 I LeZ�2,q4l (540) 772 -2065 FAX (540) 776 -7 i 55 Case Number • _ - `ALL P. • C` TSr : Check type of application filed (check all that apply) ❑ Rezon nb Xspecial Use ❑ Variance ❑ waiver ❑ Administrative Appeal ❑ Comp Plan (15.2 - 2232) Review Applicants name /address wfzi P + Phone: 9 work: Cell #: Fax No.. Owner's name /address wlzip Phone #: P o ck work: � , 1 1 LtA LL a C_ �, Fax No. #: Y_ F Y Property Location Magisterial District: ,� t v Community Planning area: Tax Map No.: 1, L, � ��- �.� y : g Existing Zoning: Size of parcel(s): Acres: w Existing Land Use: REZ0A7N.G :'SS.�� EC _ �S`E .�'.�' .I ` ]�A!Vj� 7,k D COMP PLAN J -2232 ] - APPLICANTS ( R IS P _ 3 3 t )R EVIEW : - • ( I S Proposed Zoning: Proposed Land Use: M tT Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes Y � No ❑ IF No, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ ' -r TER - �.1�' . �4� .. ►SST - VE Variance /Waiver of Section(s) of.the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation. of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF TFIESE ITEMS ARE MISSING OR INCOMPLETE. RISAV/CP VIAA RISA VICP VIAA Consultation Application Justification I hereby certify that I am either the owner of the propel of the owner. R/S /NV /CP VIAA 8 1 /2" x I I" concept plan Application fee Metes and bounds description Proffers, if applicable Water and seer application Adjoining property owners or the owner's agent or contr dt purchaser and am acting with the knowledge and consent Owner's Signature 2- ,7IISTYFICATIO FOR REZoNZly� �P��IA� IJS� p�RMI'T WAIVER gR :- �s.z�z23� ��'�I�w.:. C ' R• 7. ESTS Applicant The Planning Commission will study rezoning, special use permit waiver or plan (15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. qC) r�� `�'lr`o C°sv�-(� —+.-- w i TY� '� ✓�-� f1c. -�Yl � W�+W � C..�rS¢i'UO H Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area as well as the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue. YYN f SXYX4 mil. V - - _ - - - - - - - :i - - • . i - U ICA _. .: Applicant Please respond to the following as thoroughly as possible. if additional space is needed, use additional sheets of paper. I . Reasons for appeal: 2. Evidence supporting claim: Q � FDAH�� Community Development � .Nx � Planning &,honing division 7839 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND /OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic - generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a county planner, the county traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic sturdy at any tine, as deemed necessary.) High Traffic - Generating Land Uses: Single- family residential subdivisions, Multifamily residential units, or Apartments with more than 75 dwelling units Restaurant (with or without drive -- through windows) Gas station /Convenience store /car gash Retail shop /Shopping center • offices (including: financial institutions, general, medical, etc.) • regional public facilities Educational/Recreational facilities Religious assemblies Hotel /Motel Golf course Hospital /Nursing home /clinic Industrial site /Factory Day care cen a Ba nk Non- specific use requests [load Network Situations • Development adjacent to /with access onto /wi Soo -ft of intersection of a roadway classified as an arterial road (e.g.., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) a For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and /or roadway conditions have changed significantly O when required to evaluate access issues 6 Development with ingress/egress on roads planned or scheduled for expansion, widening, Improvements, etc. (i.e. on Long Range Transportation Plan, S -Yr Road Plan, etc.) Development in an area where there is a known existing traffic and /or safety problem Development would potentially negatively impact existing /planned traffic signal(s) Substantial departure from the Community Plan Any site that is expected to generate over one hundred (100) trips during the pear hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 F 4� R () A tvC)�4�` Community Development '� " _ � Planning & Zoning Division x838 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMNIISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision waiver, Public Street waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Plaguing Conumission may vote to continue the petition. This continuance shall allow suffi cient time for all necessary reviewing parties to evaluate the new or additional information and provide written continents and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR Z�tAFFIC ANALYSES AND /OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a rezoning, Subdivision waiver, Public Street waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Dote. a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant wi be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 0 1 8 Ol it4- 4 07 I�ld A). Q Te> v il CS Q-T 10 ILI 4 4 C 1 +� 1 � . � Lam' �� �' �. � � - .� ���.?. �'3„ i �z ��..� � � w- : "r. k5. WN -W% 5 e OM al 'j 0 0 0 Cn a Ll [J �� :t � 4 0 .... . .. . 14 N, jg K � .. ...... . ... . -c- �-4vl I -f oj. .. ... ...... Ell E i c V y E . . ... . ... . ROBERT L POFF L I N D A P. POF F BY . ... .. .. .. .. A ii-i A GJ S I E I I A L D I 'S T R I C T R Of N 0 El c 0 li J Y t V R .1, 3 1 t: I A C A L I . I 10 0 9 J l ki Y 1 1 y i`v Z, 4� 0 "NA E, V, S "A . ........ ice t. - r• 11 'F= t } A LL.. c A WO - - - MAP- - - - x . p - 1 .: Y. 777 IL r - - x i r �Y s r JL- Ar r Applicants Name: Sandra F►nck Roanoke Count Existing Zoning: R I S De p artment of Proposal" Zoning: RI � Tax flap l�'umcr.� 44,03-05.08.01-0000 on�murrrr�y� ��'1V��opn?�rl� Magisterial District. Catawba area: 2.24 acres 8 March, 20 1 i _ 60 feet '�� .� � '�y `# � -�``�� .. ,, „,,� — -, � ,.. _T��. �- �. �a ,�. _ ;. I� i� I � -iF — " r ��1 �f" �� , . �. - Fw.u��ia_� -:.�. ';� „� 1 sp a: FL jet . 3 AN OLVIM.M 0 N M NOW 1. Pl Us �� .. sa a . r l i amp— Au irk AL F7-797 "i NOW 1. Pl Us �� .. sa a . r l i 1r. 7 r w �'. Y I ' �� 1 ' I L 1 1 1 7 1 L 1. I LM Site 4d 06 r %6'im%' -ir r ti 10 9 qrL '11:7 I % -K A Applicants Name: Sandra Finck Roanoke County Existin Zonin R IS Department of Proposed Zonin R1 Tax Map Number: 044.03-05-08. 01 Communit Development Ma District: Catawba Area: 2.24 Acres 28 March, 201 Scale: 1 100' Roanoke County Department of Community Development Applicants Name: Sandra Finck Existing Zoning: R IS Proposed Zoning: R1 S Tax Map Number: 044.03 -05 -08.01 Magisterial District: Catawba Area: 2.24 Acres 28 March, 2011 Scale: 1 " = 100' Applicants Name: Sandra Finck Existing Zoning: R IS Roanoke County Department of Proposed Zoning: R1 S Tax Map Number. . 044.03-05-08. 01 Community Development Magisterial District: Catawba Area: 2.24 Acres 28 March, 2011 Scale: 1 " = 100' 5/31/2011 SEC. 30 -41. - R -1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30 -41 -1. - Purpose. (A) The R -1, low density residential district is established for areas of the county within the urban service area with existing low- middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single - family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799 -11, § 1f y 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -41 -2. - Permitted uses. (A) Residential Uses Home Occupation, Type Manufactured Home * Manufactured Home, Emergency Residential Human Care Facility Single - Family Dwelling, Detached (For Zero Lot Line Option - *) Single - Family Dwelling, Attached * Single - Family Dwelling, Attached and Detached (Cluster Subdivision Option - *) Temporary portable storage containers * 2. Civic Uses Community Recreation Park and Ride Facility * Public Parks and Recreational Areas Utility Services, Minor 3. Miscellaneous Uses Amateur Radio Tower (B) 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. The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment 5/31/2011 Alternative Discharging Sewage System Home Beauty /Barber Salon Multiple Dog Permit 3. Civic Uses Cemetery * Crisis Center Day Care Center Educational Facilities, Primary /Secondary Family Day Care Home Religious Assembly * Utility Services, Major 3.5. Commercial Uses Bed and Breakfast 4. Miscellaneous Uses Outdoor Gatherings (Ord. No. 42793 -20, § ll, 4- 27 -93; Ord. No. 62293 -12, §§ 3, 8, 6- 22 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 62795 -10, 6- 27-95; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042500 -9, § 11, 4- 25 -00; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208- 16, § 1, 4- 22 -08; Ord. No. 052609 -22, § 1, 5- 26 -09) Sec. 30 -41 -3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A►) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. ( Minimum setback requirements. 1. Front yard: a. 5/31/2011 Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93; Ord. No. 42694 -12, § 8, 4- 26 -94; Ord. No. 042208 -16, § 1, 4- 22 -08) 5/31/2011 Sec. 30 -82 -4. - Multiple dog permit. (A) General standards: 1. Minimum lot size: One (1) acre. 2. 3. 4. A multiple dog permit shall be permitted only when accessory to a single - family dwelling. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty -five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. A special use permit shall be required on lots less than five (5) acres in an R -1 or R -2 zoning district. 5/31/2011 Sec. 30 -82-4. - Multiple dog permit. (A) General standards: 1. Minimum lot size: One ( 1) acre. 2. A multiple dog permit shall be permitted only when accessory to a single - family dwelling. 3. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty -five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. 4. A special use permit shall be required on lots less than five (5) acres in an R -1 or R -2 zoning district. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2911 ORDINANCE GRANTING A SPECIAL USE PERMIT TO ACQUIRE A MULTIPLE DOG PERMIT FOR FOUR DOGS ON A 2.27 ACRE PARCEL LOCATED AT 2929 E L D E RWOO D ROAD (TAX MAP NO. 44.83- 5 -8.1) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION of SANDRA FINCK WHEREAS, Sandra Finck has filed a petition for a special use permit to acquire a multiple dog permit for four dogs on a 2.27 acre parcel located at 2929 Elderwood Road (Tax Map No. 44.03- 5 -8.1) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2911; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 24, 2911; the second reading and public hearing on this matter was held on June 28, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Sandra Finck to acquire a multiple dog permit for four dogs on a 2.27 acre parcel located at 2929 Elderwood Road in the Catawba Magisterial District is substantially in accord with the adopted 2995 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1959 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following condition: a) The Multiple Dog Permit shall be for a maximum of four dogs. Page 1 of 2 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the Zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 S -2 PETITIONER: National Park Service — Blue Ridge Parkway CASE NUMBER: 9- 812011 Board of Supervisors consent 1 St Reading Date: May 24, 2011 Planning commission Hearing Date: June 7, 2011 Board of Supervisors Hearing & 2 nd Reading Date: June 28, 2011 A. REQUEST To obtain a Special Use Permit in an AG -3, Agricultural /Rural Preserve District, to construct a 120' self - supporting, lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Chris Patriarca presented the staff report. Staff answered questions regarding the timeline of its construction asked by Mr. Jarrell. Mike Molling, who serves as the Chief of Maintenance for the Blue Ridge Parkway, then clarified a question about the tower construction and Homeland Security asked by Mr. Peters. D. CONDITIONS 1. The proposed development shall be in general conformance with the concept plan prepared by the United States Department of the Interior dated January 25, 2011. 2. The proposed tower shall not exceed a total height of 120. 3. The existing 85' tower and supporting structures shall be removed and properly disposed of from the site by January 1, 2012. E. COMMISSION ACTION Ms. Hooker made a motion to recommend approval of the Special Use Permit with three conditions. The motion carried 4 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X concept Plan X Vicinity Map X 0 Staff Report x other Philip Thompson, Secretary Roanoke county Planning commission I ANN LN WN RON OrN I lk IN T Q W E R J01 NEE RI 'OFF _S SI0NLS June 13, 2011 AT &T Government Solutions, Inc. Denver, CO Attention: Mr. Tyson Naujock Subject: Proposed 120 -ft Self- support Communications Tower AT &T Site: Poor Mountain Honeysuckle Road Bent Mountain, VA (Roanoke County) Dear Mr. Naujock: Tower Engineering Professionals, Inc. (TEP) of Raleigh, NC completed a balloon test for a proposed 120 -ft Self - support Communications tower facility located south of the Community of Glenvar and the City of Salem, within the Community of Bent Mountain, in western Roanoke County, VA. The proposed tower facility was located on a parcel of real estate identified as 102.00 -01- 01.01 -000 by the Roanoke County Registry. The current street address for the parent property is 0 Poor Mountain Road, Bent Mountain, VA 24059. The proposed tower facility will be located approximately 310 -ft northwest of a portion of Honeysuckle Road, 65 -ft west of an existing 85 -ft guyed tower, and 152 -ft north- northwest of an additional guyed communications tower, within undeveloped forested land uses. Based on the Construction Drawings dated January 25, 2011, the latitude and longitude for the proposed facility is: Latitude: N 37 11 ' 8.7" (NAD 8 3 ) Longitude: W 80 10' 6.4" (NAD 83) Elevation: 1,727 -ft. AMSL The balloon test was performed on June 7, 2011 from 2:45PM to 5:15PM, until instructed by Mr. Naujock, that the visual assessment balloon test had concluded and the balloon could be lowered from the desired height above ground level (AGL). The balloon test photos were taken between 3:30- 4:45PM on June 7, 2011. The weather at the time of the balloon flight consisted of temperatures ranging from —85° - —94° Fahrenheit. The atmospheric conditions were clear to partially cloudy with winds from the northeast ranging from 2 - 5 knots with gusts up to —8 knots during the 2.5 hour balloon flight. TEP personnel deployed an 8 -ft diameter red balloon at an elevation of 120 -ft above ground level (AGL). Based on the above referenced winds at the time of the balloon test photographs it is the opinion of TEP that the balloon flight is an accurate depiction of the proposed tower's elevation AGL. 3703 Junction Blvd. Raleigh, NC 27603 -5263 O) (919) 661 -6351 F)(919) 661 -6350 gswearinaen(a�tep group. net Al ANN LN WN RUN S 7031 Q E R E N SERI NG 4 5 ROFESSIONALS Enclosed herein you will find a balloon test photograph report depicting the results of the visual impact assessment from six (6) previously determined photograph locations (determined by AT &T) within and around the Community of Glenvar and the City of Salem, VA. These six locations included: Location: I Address: Distance from Site: 1. Glenvar Schools 4549 Malus Drive, Salem 6.65 miles 2. Glenvar Library 3917 Daugherty Road, Salem 6.64 miles 3. Campbell Hills Subdivision 6893 and 6844 Campbell Drive 4.31 miles 4. RR Donnelly 6450 Technology Drive, Salem 5.38 miles 5. Tecton Products 5415 Corporate Circle, Salem 5.35 miles 6.1-81 Overpass I -81 at Dow Hollow Road 4.90 miles TEP personnel obtained numerous photographs from the aforementioned locations in an attempt to provide AT &T an accurate depiction of the view of the proposed facility from the determined photograph locations. The balloon test photographs from the previously determined six (6) locations have been included in the enclosed report. It is the opinion of TEP that the proposed facility would pose no adverse visual impact to the surrounding landscape due to the distance from the proposed facility to the Community of Glenvar and City of Salem (approximately 4 - 6.65 miles), existing view shed intrusions (tower farm), and the existing tree cover and topographic gradient within the surrounding viewshed. Please don't hesitate to contact me if there are any questions or concerns with regards to the proposed undertaking. Regards, /4 ? e/ 00 George T. Swearingen, III Division Manager - Environmental 3703 Junction Blvd. Raleigh, NC 27603 -5263 O) (919) 661 -6351 F)(919) 661 -6350 gswearinaen(a�tep group. net Topo USA® 5.0 TN Scale 1 : 56,250 Data use subject to license. o ,, , % 1 mi © 2004 DeLorme. Topo USA® 5.0. MN (o.o-e) o 1 1 , 2 km www.delorme.com 1" = 4,687.5 ft Data Zoom 11 -0 z 0 H v 0 a 0 H 0 x a x a 0 H 0 x a H w H z 0 0 a a d as 0 r � V O O O F� w H [J! 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F� O O A a t - 9 \1 F-I u o W 0 V W W u � u 1� W W O H Q W Q O a O O x a O cu N 0 Z 0 w M a O 06 O O oc r--� w o0 N w O O 0 x, 1.. F� O O A a t - 9 \1 F-I u o W 0 V W W u � u 1� W W O H Q W Q O a O O x a Petitioner: Re Location: Ma Districts: Su Conditions: EXECUTIVE SUMMARY: National Park Service — Blue Rid Parkwa Special Use Permit for Broadcastin Tower Atop Poor Mountain off Hone Road Windsor Hills & Catawba 1 The proposed development shall be in g eneral conformance with the concept plan prepared b the United States Department of the Interior dated Januar 25, 2011. 2. The proposed tower shall not exceed a total hei of 120' 3. The existin 8' tower and supportin structures shall be removed and properl disposed of from the site b Januar 1, 2012. The National Park Service (NPS), Blue Rid Parkwa (BRP) is re a Special Use Permit for a broadcastin tower located atop Poor Mountain off Hone Road. The re is to allow for the NPS to construct a 1201 self-supportin lattice tower to replace an existin 85' g u y ed tower on a 27 acre parcel zoned A Preserve District (AG-3). It should also be noted that where the tower will be ph be constructed is located within the Windsor Hills district, but that the parcel is located partl in the Catawba district. The 2005 Comprehensive Plan indicates that the Future Land Use Desi of these parcels is Rural Preserve. Rural Preserve is a future land use area of mostl undeveloped, outla lands. These rural re are g enerall y stable and re a hi de of protection to preserve a forestall, recreational and remote rural residential areas. 1. APPLICABLE REGULATIONS Broadcastin towers are allowed b special use permit in the A Preserve District, and are defined as follows: An structure that is desi and constructed primaril for the purpose of supportin one (1) or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcastin tower t include, but are not limited to monopoles, lattice towers, wooden poles, and g u y ed towers. Excluded from this definition are amateur radio towers, which are described separatel Use and Desi Standards for broadcast towers are defined in Section 30-87-2 of the Roanoke Count Zonin Ordinance. Construction of the tower will re permittin and review throu the Roanoke Count Department of Communit Development. 2. ANALYSIS OF EXISTING CONDITIONS Back — In 2004, the federal g overnment auctioned off the 1725 MHZ fre band as part of the Commercial Spectrum Enhancement Act. As a result of this mandate, all NPS communications will mi from the 1725 MHZ to the 7-8 GHZ fre In order to accommodate this chan the entire existin 1 infrastructure utilized b the NPS on the 1725 MHZ fre must be replaced as it is not compatible with the 7-8 GHZ fre As such, the NPS proposes to replace the existin 85' g u y ed tower alread in use atop Poor Mountain with a 120' self-supportin lattice tower. The other e presentl on site will also be replaced as part of this project. The Poor Mountain tower is one of ten the NPS is replacin as part of the overall up to its communications network alon the len of the BRP from Cherokee, North Carolina to Wa Vir The replacement of all e alon the network is necessar as the existin infrastructure is not compatible with the new fre transmission. Per Section 30-87-2(C)1 of the Roanoke Count Zonin Ordinance, a consultation meetin with staff was held on March 1, 2011, to discuss the project and g o throu the Count re The application was formall submitted on March 31. Topo — The propert straddles the rid of Poor Mountain. The area in the immediate vicinit of the tower is relativel denuded of trees, with several other towers and their support facilities nearb The vast majorit of the propert is wooded with steep slopes as one moves to the north and south alon the propert Surrounding Neighborhood — All surroundin properties are zoned AG-3 and have a Future Land Use Desi of Rural Preserve. As the location is location atop Poor Mountain, the onl ad uses include other broadcastin towers and heavil wooded mountainside. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site La — The portion of the site where the 120' tower is proposed is currentl wooded. Proposed for construction are a propane tank and g enerator, 10'x10' e shed and the new tower. The existin tower will be removed and properl disposed of within 90 da of the new communications s g oin g operational. Additionall the existin e shelter will be removed, with the foundation completel removed and the existin g rade restored in the area. Tower T — Section 30-87-2(D)9 of the Roanoke Count Zonin Ordinance states: A monopole broadcastin tower desi is recommended. The board ma approve an alternative broadcastin tower desi if it finds that an alternative t of structure has less of a visual impact on the surroundin communit and Roanoke Count andlor based upon accepted technical and en data a monopole, desi is not technicall feasible. Cost shall not be a criteria for determinin broadcastin tower desi The choice of a self-supportin "lattice-st tower was made based on several reasons. Firstl the Poor Mountain site represents j ust one of ten separate towers. As such, the NPS selected to utilize self- supportin towers at all of its sites in an effort to both minimize the overall footprint of each and in an effort to lower maintenance costs for the network as a whole with each site 'havin similar structures and associated e The tower is not re b the FAA to have warnin li Therefore, it will not have an li To be constructed with g alvanized steel, its color will be a dull matt blue/ in color to minimize visual impacts. 2 Colocation — As part of the broadcastin tower re the applicant must evaluate colocation possibilities with existin towers in order to preclude the construction of a new tower. As the proposed tower will serve solel as a transmitter of Parkwa communications, partnerships with existin law enforcement towers were evaluated. Utilized at other locations alon its network, the opportunit to collocate e at Poor Mountain was not available. Additionall the NPS will not allow for the collocation of other vendors on its tower. This is the case as the tower will onl be utilized for NPS and emer communications, not for an sort of commercial purpose. It should also be noted the proposed tower will be desi to have an additional 20 percent capacit to be utilized in the future when necessar This is bein done to allow for future needs without havin to erect a new tower in the future, Federal Aviation Administration (FAA) — The location and size of the proposed tower does not exceed the FAA notice criteria. As such, additional coordination with the FAA relevant to the construction of this tower is not re Access/Traffic-Girculation — VDOT had no comments on the petition. Fire & Rescue/Utilities — The proposed use will not result in additional impacts for fire and rescue. Additionall the Roanoke Count Fire Marshal's Office does not view the tower as a buildin therefore the fire flow re do not appl for this pro Economic Development — The Roanoke Department of 'Economic Development offers no objections to the proposed rezonin assumin the development conforms to the Communit Plan and is compatible with the surroundin land use. Utilities — The tower and associated e shed will utilize existin electric utilit provided b AEP alread located on-site. Additionall a li propane g enerator will also be installed on-site as a back-up, emer source of power in case of an outa The g enerator emits 65 dba at seven meters and will include an additional sound uplift kit to pro the sound upward to further reduce its overall impact on nei properties. There are no proposals for well and septic on-site. S i — No si is proposed for the tower aside from those pertainin to human safet as re b the FCC. Communit Meetin — A communit meetin was held on Ma 17 at the Bent Mountain Fire & Rescue Station to discuss this project with the citizens. With approximatel twelve citizens present, representatives from the Count NPS and AT&T were present to answer q uestions about the pro After Count staff explained the SUP process and g ave a basic overview of the project, both representatives of the NPS and AT&T answered citizen q uestions and concerns. NPS staff discussed its reasons for selectin a self-supportin tower instead of a monopole. As mentioned previousl in this report, this decision was made to reduce the ph footprint of the tower and for ease of maintenance. Next, a citizen in if cor-ten steel was considered as a possible construction material for the tower as it is desi to rust and create less, visual impact. Althou not specificall considered, the AT&T representative indicated g alvanized steel was selected with a matte finish as it provided for the least visual impact in context with the sk This was followed up with a brief discussion of the size and number of dishes proposed for the tower. The AT&T representative stated there will be a total of four dishes with the lar measurin six feet in diameter. 3 Questions about whether or not collocation options were evaluated were then asked. The NPS representatives indicated that partnerships with state law enforcement a have been utilized at other sites. In the case of the Poor Mountain tower, a partnership with the Vir State Police could not be reached due to both hei and time constraints. CI 4 Questions were then asked about this project in context with the construction of utilit scale wind turbines on Poor Mountain. Representatives from the NPS stated that the have not been approached from an part re the construction of wind turbines on Poor Mountain. A q uestion about si interference and wind turbines was then posed. Both the NPS and AT&T officials stated that before an tower can be constructed, an interference anal must be undertaken. If an interference is detected, measures must be put into place to miti these effects before the proposed tower can be constructed. Furthermore, it was stated the additional hei re for the replacement tower was necessar for NPS communications, not to miti impacts from proposed nei structures. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Desi of these parcels is Rural Preserve. Rural Preserve is a future land use area of mostl undeveloped, outla lands. These rural re are g enerall y stable and re a hi de of protection to preserve a forestall, recreational and remote rural residential areas. Althou the proposed broadcastin tower does not strictl conform to the stated objective of the Rural Preserve desi its construction is proposed for a location with existin road and utilit connections which is one of the major land use determinants for development in Rural Preserve areas. Additionall the proposed tower is to be constructed as part of the existin complex of towers atop Poor Mountain and not at an isolated location that would dramaticall alter the overall viewsheds from nearb locations. STAFF CONCLUSIONS The NPS is re a Special Use Permit for a broadcastin tower located at atop Poor Mountain off Hone Road. The re is to allow for the NPS to construct a 120' self-supportin lattice tower to replace an existin 85' g u y ed tower on a 27 acre parcel atop Poor Mountain zoned AG-3. The proposed development conforms to all of the existin AG-3 development, re althou does not strictl conform to the Rural Preserve standards. If the commission choses to approve this re staff recommends the followin conditions: 1. The proposed development shall be in g eneral conformance with the concept plan prepared b the United States Department of the Interior dated Januar 25, 2011. 2. The proposed tower shall not exceed a total hei of 120 3. The existin 85' tower and supportin structures shall be removed and properl disposed of from the site b Januar 1, 2012. CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: 9-6/2011 Chris Patriarca PC: 6/7111 B 0 S: 6/28/11 Application Materials Site Inspection Photo Aerial Photo 1! Zonin Map Future Land Use Map AG-3 Zonin District Re Broadcastin Tower Use and Desi Standards am SUSAiJ CRPTF r�.. i - A w aft-k y 014 lyvr, � /uU�Ctk 4�� - VKOO C��en� tine N-���a a�k� � i t , �or�� Count of Roanoke Communit Development Plannin & Zonin 5204 Bernard Drive P 0 Box 29800 Roanoke., VA 24018-0798 ( 540 ) 772-2068 PAX ( 540) 776-7155 ALLAPPLICANTV For Staff Use Onl Vo_ t \ C) 0 — 1 �� Date rceelved- Z Received b Application fee- 1) C. I date: /* Placards issued. ROS date: Casc Number 7 Check t of application filed (check all that appl 11 Rezonin 0 Special Use D Variance D Waiver D Administrative Appeal D onip Plan (15.2-2232 RMew Applicants name/addres Phone: & AS - �P) - q 7 741' 2) 3 "s / V AT , r cHAL PAJZK flWwz'F OWt gr*F- PAP-1�fWAle Work: jjj.jXr; /M6LIr " 01 1� IN TFIVANC E W r-EF t:r S ;;Zy - 40 Cell Fax No.: Ailwv,ello JV(_ ;29903­%YL­ t Mich Ad. MAVIQ @,nPS,, 4M Owner's name/address w/zl Phone th PYnT3 LLB . FW V11 Work: ' a r rccA AaAnJIVIN RICAD UWr Fax No. It: Franke acme pette, ti com �3A'7- Y101 Propert Location 0 PC 610WAITiV4 900 Ma District: W1l j r 0; Vj I Communit Plannin area :61eAvAr i6fler IM A'' 'Fax Map No.: 10 A 00 Existing Zonin %..? A Size of parccl(s): Acres: X7. (01 Existin Land Use: P_)r[.kV16U� Toct)ff PER MI To WA I VF, R A ND COMP PLA N ( I S. 2- 2232 R E VIE W A PPL I C A N TV (R IS /W /C P) R )NjN(;j SPECIA L ILVE Proposed Zonin Proposed Land Use: grU> e_r Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes 2 No IJ IF NO., A VARIANCE IS RE FIRST. Does the parcel meet the inininium criteria for the re use'r Yes Q No F1 IF N0 A VAIRJANCE IS RE FIRST If rezonin re are conditions bein proffered with this re Yes I I No NOVA VARIANCE, WAIVER AND A DMINIoNTRA TIVE APPEAL APPLICANTS ( VIWIAA ) Variance/Waiver of Section A I I -A of the Roanoke Count Zonin 0 Appeal of Zonin Administrator's decisio t Appeal of Interpretation of Section of lie Roanoke Counl Zonin rd r - r Appeal of Lriterpretation of Zonin Map to Is the application complete? Please check it enclosed. A 1111 LI C"A"I"I ON W I LL N 0TBE ACC ARE MISSING OR INCOM PIXTE. n oraer "E'DIFANVOl?"111FIS1 EMS RASMCP V/AA RNWA-l' V/A A RISMIC111 V/AA Leo Consultation 8 1/2(1 x I I" co plan I/ Applica Applicalion Motes and bounds description /y/11 Proffers, it pplicable Juslifica-tion Watcr and sewer application Adioininj�- propcirt owners A_ - I I - I hereb certif that I wn either the owner of the propert or the owner's a or contract purchaser and am actin with the: knowled and consent of the owner. SIFE, ATITIC1 $YEMEtY T - XL) Owner's S i tire IQ JUSTIFICATION FOR REZONING, SPECIAL tJ,SE PERMIT WAIVER OR COMP PLAN ( 15.2-2232 ) REVIEW RE Applicant -E MOL-LIA117 f 107T01-Mt PhPk FF&LrrnF- Tlie Plannin Commission will stud rezonin special. use- permit waiver or communit plan (I.S.2-2232) review re to dctermine the need and justification for the chan in terms of health, safet and g encral welfare. Please answer the flollowin q ucstions; as thorou as possible. Use additional space if necessar Please explain how the re furthers the purposes of the Roanoke Count Ordinance as well as the pUrpose found at the be of the applicabic zonin district classification in the Zonin Ordinance. -SCE ATTRCHMENr Please explain how the project conforms to the g eneral g uidelines and policies contained in the Itoanoke Count Communit Plan. StE RMCN/nCnlr I - TWFVR-)77ATZLW Please describe the impact of the re q uest on the propert itself, the adjoinin properties, and the surroundin area, as well a.,--, the impacts on public services and facilities, includin water/sewer, roads, schools, parks/recreation and fire and r reSCUC. SEE ✓i7TFlCH An4,TnonrAt .rvFV2 /Oh T-T 6AI I JUSTIFICATION FOR VARIANCE REQUEST Applicant &r=A 6 �otiZA16 jYATFP1Yt4(, PAPIK _J Theof Zonin Appeals is re b Section 15.2-2309 of the Code of Vir considerthe followin factors before a variance can be g ranted-Please read tyre factors listed below carefull and ire y our own. words,describe hoer the re meets each factor. If additional space is needed, use additional sheets of paper. The variance shall not be contrar to the public interest and shall be in harmon with the intended spirit and purpose ofthe ince. ikn Ordna ' The strict application of th) ordinance would produce undue hardship; a hardship that approaches confise I ation ( as distin from a special pr\.ile or convenience and would prohibit or unre-cilsonabl restrict the use of the propert /V . C� 3. The hal-dship is not shared b offier properties in the, 1 1, m e zonin district or vicinit Such hardships should be addressed b I Inc Board of Supervisors as amendments to the Zonin Ndinance. 4. nie variance will not be of a substantial detriment to the- adjacent properties or the chaXcter of the district. JUSTIFICA11ON Foil ADMINISTRATIVE, APPEAL RE460 Q UES'l Applicant l".4 7("E Applicant Ou l u vu Please respond to the followin as thorou as possible. If additlional space is needed, use additional shces of paper. CONCEPT PLAN CHEiCKLIST A concept plan of the proposed pr( jIect must be submitted with the application. The conccpt plan shall g raphicall y depict the land use chan development or variance that is to be considered. Further, the plan shall address an potential land use or desi issues arisin from the re In such cases involvin rezonin the applicant ma proffer Conditions to limit the future use and development of the propert and b so doin correct an defi i i that ma not be m cicncies -ana permittin re `rhe conccpt plan should not be confused with the site plan or plot plan that is requi I red prior to the issuance of a buildin permit. Site plan and buildin permit procedures ensure compliance with State and C'ount development re and ma re i Chan es to the initial concept plan. Unless 11miltin conditions are proffered and . accepted in a rezonin or mposed on aspecial use permit or variance, the concept plan ma be altered to the extent permitted b the zonin district and other re A concept plan is re with all rezonin special use permit, waiver communit plan (15-2-2232) review and variance applications. The plan should be prepared le ca professional site planner. The level of detail ma var dependin on the nature of the re The Count Plannin Division staff ma exempt some of the items or su the add it ionr of eXtra, *Items, but the followin are considered minimum: M APPLICANTS ( 141A - k/ a. Applicant name and 0! .� e �. d 01) V b. Date, scale and north arrow (Ccltepf pion) V c. Lot size in acres or s feet and dimensions P kin t d. Location, names of owners and Roanoke Count tax map numbers of adjoinin properties (_Pared n 1, I/ e. Ph fieaturcs such as -nd cover, natural watercourses, flood lain, etc. (Cweff P61) f The iron in and land use of all adJacent properties Pa oullie-ri V g . All propert lines and easements Pac h. All buildin existin and proposed, and dimensions, floor area and hei ( 00-71ap rjun) i. Location, widths and names of all existin or platted streets or other public wa within or adjacent to the development i JA j . Dimensions and locations of all drivewa parkin spaces and loadin spaces A ddifional information re for R147, ONING" and SPECIA L USE PERMI TA PPLICA N 7 S k. Existin utilities ( water, sewer, storm drains) and connections at the site MA 1. An drivewa entrances/exits, curb openin and crossovers W/ m. Topo map in a suitable scale and contour intervals (WACYpf PkVt) n. Approximate street g rades and site distances at intersections �i o. Locations oftall adjacent fire h p. An prof erect conditions at the site and how the arc taddressed q . If project is to be phased, please show phase schedule I certif that all items re in the checklist above are complete. r Si 6f appl&nt Date 0 Communit Development Plannin & Zonin Division P014F.NTIAL OF Nill%rli) 14%m TRAFFIC, ANALYSIS AND TRAF14 1 1 C I M PACT STUDY The followin is a list of potentiall hi traffic- land uses and road network situations that could elicit a more detailed anal of the existin and proposed traffic pertinent to y our rezonin subdivision waiver, public street waiver, or special use permit re If y our re involves one of the items on the ensuin list, we recommend that y ou meet with a Count planner, the Count traffic en and/or Vir Department of Transportation staff to discuss the potential additional traffic related information that ma need to be submitted with the application in order to expedite y our application process. (Note thIs fist is not inclu.5ive and the County .5taff and VDOT reserve the fi g ht to re a traffIc stud at an time, as deemed nece.5sar Hi Traffic-Generatin Land Uses: • Sin residential subdivisions, Multi-famil residential units, or Apartments with more than 75 dwellin units • Restaurant (with or without drive-throu windows) • Gas station/Convenience store/Car wash • Retail shop/Shoppin center Offices (includin financial institutions, g eneral, medical, etc.) • Re public facilities & Educational/Recreational facilities Reli assemblies 0 Hotel/Motel a Golf course a Hospital/Nursin home/Clinic Industrial site/Factor 0 Da care center 6 Bank 0 Non-specific use re Road Network Situations: Development ad to/with access onto within 500--ft of intersection of a roadwa classified as an arterial road ( e. g ., Rte 11, 24 115, 117, 460, 11/460 220, 221, 419, etc) • For new phases or chan to a development where a previousl submitted traffic stud Is more than two ( 2 ) y ears old and/or roadwa conditions have chan si • When re to evaluate access issues Development with in on roads planned or scheduled for expansion, widenin improvements,, etc. (i.e. on Lon Ran Transportation Plan,, Six -`fir Road Plan, etc.) Development in an area where there is a known existin traffic and/or safet problem Development would potentiall ne impact existi n plan ned traffic si Substantial departure from the Communit Plan An site that Is expected to g enerate over one hundred (1,00 trips durin the peak hour of the traffic g enerator or the peak hour on the ad streets, or over seven hundred fift (750 trips In an avera da ,Effective date: April 19, 2005 7 Communit Development Plannin & Zonin Division NOTICI� "ro APPi,I ANRI'S FOR REZONING, S I VISIO WAIVER, NJUI LI S "1 "W- , 'l.� 11 WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke Count Plannin Commission reserves the ri to onti nue a Riezon i n Subdivision Waiver, Pub] ic Street Waiver or Speci U se Perni 'it petition i f new or additional information is presented at the public, hearin If it is the opinion of the ma of the Plannin Commissioners present at the h dul l public hearin that sufficient time was not available l plannin staff and/or an outside referral a to ade U atel evaluate and provide written comments and su on the new or additional information prior to the scheduled public hearin then the Plannin Commission ma vote to continue the petition. 'rhis continuance shall allow of time for all necessar reviewin parties to evaluate the new or additional information and provide written comments and su to be included in a written memorandum b plannin staffto the Plannin Commission. The Plannin Commission shall �consult with plannin staiTto determine if a continuancc ma be warranted. POTENTIAL OF NEED FOR TRMFic ANALYSES AND/0 l FFIC IMPACT STUDY 'I"he Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street I ect Waiver, or Special Use Perm petition if the Count Traffic En or staff from the Vir Department of Transportation re further traffic anal and/or a traffic impact stud that would be beneficial in makin a land use decision ( Note: a list of potential land uses and situations that would 'fate necessl Is fi tirther slud ' prow i(led as part of this applicalion packa This continuance shall allow sullicient time for all necessar reviewin parties to evaluate the re traffic anal and/or traffic impact stud and to provide written comments and/or su to the plannin- g staff and the Plannin Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newl scheduled public hearin date. Effective date: AW 1 fg, 2005 Name of Petition OY) 10ititionees Bignotum GENERAL INFORMATION Application #: PZ- 1100788 Application Type: Planning and Zoning Application Date: 03/31/2011 Activity: Special Use Permit - General Building Type: Property ID: 1 02.00 --01 -01.01 --0000 Property Address: 0 HONEYSUCKLE Road Secondary Address: Zoning: Agricultural /Rural Preserve PROJECT INFORMATION Building Use: Number of Units: Estimated Project Cost: Work Description: SPECIAL USE APPLICATION FOR BROADCAST TOWER CONTACT INFORMATION Role Contact Name Mailing Address Business Phone # Applicant NATIONAL PARK SERVICE OF THE B 109 HEMPHILL KNOB ASHEVILLE, NC US 28803 --8085 Terms and Conditions of Permit The exercise of this permit constitutes agreement with the following terms and conditions: All work performed under this permit will conform with all state and local regulations, rules and policies and shall be a condition of the permit. The code official or his representative shall have the authority to enter the properties) indicated on this permit at any reasonable hour for the purpose of enforcing the provisions of the applicable codes. This permit is not transferable and shall become void if any individual, business or corporation, other than those listed above, performs work of any type in relation to the described project. It is a violation of Section 54.1 -1111 of the Code of Virginia to hire or award a contract to an unlicensed contractor and doing so will void this permit. This permit applies only to the work described above. Additional work may require additional permits. The applicant agrees to notify the Roanoke County Inspection Office when the work described herein is ready for inspection. The applicant shall be responsible for providing access to the premises and shall provide any testing equipment or materials that may be required to perform the inspection. Approved copies of all submittal documents are to be on site and available to the inspector at all resonable times. Roanoke County Building Commissioner Applicant is responsible for locating all underground services and utilities prior to excavation. Call Miss Utility at 1 -800- 552 -7001 before you dig. ' Allow required time for marking. Respect the marks. Excavate carefully. Ll Cam a 16, 6 m N-I,, R DC A,lis"T T " Ak A - # k I-* I p It 1 A P P1 1 CAI 40 IN CON S U I "t' . . ON (AW(KIAS1 comsundia �%r;ill �,Ivtlll.rr. �A 11 0sli k :'N' tj I r JL:A i r L i, it 1' 1:111 r 1 It I I L c !1 t JL I o L 1�. I P�f�. . 0 4 t: I c I& _10 rill I I I r JU rL! W I ' hin the. k "if r '► ! - . 1 1 A I I lit o unto k(11 p vk I i 141 k*tjV% 1 1; j 1 1 A II t 1#1 lt,jadonk .41-111 !14 rujuirva par! tit It tit t vkuwt A( j jjjjpjj in I - f . jj � I Irf "uikw4l. Silv Oualicin 41 A . go L 4 J I t DrC I I I I I 1 ; 1 to r: "C k4l"A I, ora Ir v W ku % Ll k I o 9 t I r I t f or e IIr, lit h'-It 44.0 1 1 '1 4 lilt. I ' I I I I 11140 F A TAV.1 I I I 11111C114#16111IN Of Am-.- nau,,0-4:6 OW,* WJi-1 k-vill, I t A. Rk C d z o (6 [ The following infor ni.atioti must be submitted separately ately in ekher a written or mapped forniat. FJ IIIto1111.11rtioll Oil how the proposed site relates to the applicant's existing coniniru ni #wanon systerii in loding ruiniber of other sites N ithin the Roanoke Valley, and the location of the anten -na at each site, I EJ - A neap d the Specific coverage area( desired with any overflow areas denoted separat -ely. A list, with a nisi p, of all the alt:: t sites considered or evaluated to serve the area of this proposed tower i Including Other existing tower sites in the vicinity. This should include any co- locations �:onsidersed and the sl:�ecific. technical, legal air other reasons the other site (s) �t erc� rejected. ry Provide conceptual site plan drawn to scale depicting the location of suppc�rt strtic:.tures, egttipnient enclesk.rres, lraidscaped areas. fences, lighting, access, limits o f disturbed lance, av erage slope oftli -e site, oivnersh find Lt�e of adioirriiw Pro pert etc, Provide, acc uratt'.,J0 scale, ph.otographic simulations showit,ig the relationship of the proposed b roadcast to� , er 111id associated awen-na to the surrounduias. Photo�.fraphic simulations should include the r of my new or modified road or trtility corridors necessary to serve the proposed brotrdcast tower site. El Pr cornputel-Ized terrain analysis showing the visit) iIily of the proposed broadcast tower and antenna at the requested height and location. If new or modilred road:, access or utility cot - ridors are proposed', ille tcrrain analysis shall also show the visibility of these new or modified f- at•ures, 1:1 Provide detail sheet for broadcast lower ltt El Provide an accur des and photograph or the proposed lower struct - tree, incltrding antenna- 0 Pro - vide detail sheet ofkany antenna or devises attached to tower including electrical and tneclianical. spec:,ifcatiwis t antenna systen -is . ... ...... x ry � .,.. -, aw" m 4 Y y i F�.si y � w�.� ... ="�4 -. C- ." ,_ n � •w.a .y q 4 �� ^^q 'i�, �Ja�/' � p y t • � ��" �� L • C[ 1 ��•,- �..� -d � �S �,�, � i �'� w. "-' �Y� .. S ..:�_ � • • � :q F Y {] j F ti:.w•� 1 # p �l �. • ` �i'_ Y i } �. t, L� �,) c��" tr,q i .� t r . tea @� • c. hereby certify thaat: 411 required s — , uhmittakk to the FAA, uY recltritwl kt .Voting t i-dirrance Section 30-87-2D.6, hui. -C becit S bin illell. 0 a1 r°equii - ed on -site balloon or c•orr test it'll/ be 1)el or°rrle(l oil th dales `��~ ..._.:...._- ����• die Plan ning i3uhlic on Me clwe.'i o f the g'ourd qJ'SuI)er - vi,5crr v Iniblic hearing sclredideelfir• 1, th crlw lccrrrr, :vhall be r esponsible o ll ftes crssociwed ii 4th tT ef c� "fh aplV iccrtinn, including the rwi,: onahle cost 0'am cleerned rreceysaiy by the Counw to vei-tb 3 the nee(0 the new broadeast d 1 R ( T i. a L� u re . A. -`r - ,.; w` � R fr w•� a t e. "� .. � �,.• F :.:;,... r .G F T 6! P'TTO/V J LIS T Attachment I - Additimial Information for the Special Use Application AT&T Government Solutions, Inc. Contact (Submitting Application on Behalf of the NPS): T NiALljock, AT&T Pro t Mana 2535 E 40Th Ave Denver, CO 80205 Work#: 407-619-4400 NO.- 5 12-646-5590 Pre-Application Consultation Meetin C011SLIftation mectin wl'th Count Plannin held March 1 ", 2011 aL 9:00am EST. Application Back This Special Use application iS SUbmitted to the Count of Roanoke on behalf of the US Department of Interior Nationcal Pctl'k Service ( NPS ) Blue R Idge Parkwa b AT&T Government Solutions, Ine ( AT&T). The application is for the NPS to receive Roanoke Count approvals to replace their existin Broadcast Tower e with new Broadcast Tower e This new e is re due to the 1725 MHZ fre band that was auctioned off b the Federal Government in 2004 as a result of the president si 'Public Law FOL-494 Commercial Spectrum Enhancement Act. This bill mandated the NP S relocate from their existin 1725 MHZ Fre q LIC11c y bands. and relocate to 7-8GHZ fi -e hands as mandated b the Commercial Spectrum Enhancement Act. The relocation to the new fre Ninds. re the NPS to replace the current co nimu nications 'in fras true ture as it is not StrUCIL11•I'lil ade q Uate t LI (lie e q uipment re q uired to successfull relocate to the 7-8GHZ fre bands, Application Exceptions, AT&T has received a from the Count Plannin office (Chi-is Patriarca) that the followin applications re are not re for this Special use application. • Metes and bounds description • Water and Sewer application • Proffers Application Page 3, Block Lo ' Please explain how the re furthers, the purposes of the Roanolke Count Ordinance as well as the purpose round at the be of the applicable zonin clistrict class ifica (ion in the Zonin Ordinance. Our pr( to al Understands the COL[nfiCS interests to prcscrve and enhance the scenic and natural beilLit 01" Roanoke,Count and the lon term g oal is to reduce the number and hei of broadcastin towers within the count especiall those on towers located alon or near the rid tops. Our pro furthers the purposes of the Roanoke Count Ordinances in the followin wa The existence of the proposed broadcast tower preserves and enhances the overall sccilic an natural beaut of Roanoke COUnt as it PUlp iS to SUPJ)()rt critical Law Enforcement activities of the Blue Rid Parkwa and Parkwa mission. The new pro replaces an anti g u y tower Ulnvntl bein used b the NPS and installs a new self- supportin tower which redLICCS the overall site footprint. The new tower's dull matte finish improves improved visual effect. The loctition of the new tower is in the irritinediate vicinit of the anti. g u y tower currentl behi used b the N1.) S, This location at the time of the g u y tower install was pt'eviousl determined to provide the lowest visual impact within the County and Blue Ridge Parkway property while being able to adequately meet the coverage/communication objectives of the Blue Ridge Parkway. The proposed tower is not an additional tower within the County, but it replaces the antiquated guy tower currently being used by the NPS. The proposed tower is designed with 20 % additional capacity so that if the NPS Blue Ridge Parkway's communication needs change in the future the structure will be able to provide support w/o requiring additional height or replacement. .Application, ,Page 3, Block 2: Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Our proposed project supports the Roanoke County comprehensive community plan in the following ways: • The proposed new tower replaces and existing tower in the immediate vicinity of the property. The land use is not being changed and remains consistent with the adjoining property owners land use designations. • The proposed tower supports the Counties community facilities plan which supports the development and sustainment of parks and recreation available to the served public. In addition, the increased communication reliability the proposed tower will provide the NPS provides increased public safety for the Roanoke County public who use the Blue Ridge Parkway for travel /recreation. • The proposed tower supports the Counties Resource Preservation plan by utilizing a previously developed mountain top communications site. Not only does this sustain current view sheds, it utilizes the existing access roads and clearings which over time will minimize any negative impacts to soil stability, soil erosion, or downstream siltation. Application Pa e 3 Block 3: Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue. Our project has minimal impact on the property, adjoining properties, and surrounding area. Due to this being a replacement broadcast tower in a remote part of the County public services and facilities such as water /sewer, roads schools, parks /recreation, and fire and rescue are not adversely effected, or provided added burden to current County operations. The property itself is required to receive the new tower structure and supporting building, generator, fuel tank, and fence. Adjoining properties and the surrounding areas may be impacted due to the visual change from a 85ft guy tower to a 1 loft self supporting tower. However, the new tower is better designed against poor weather and is less of a hazard to adjoining property owners. • The proposed site will be fenced and provides a safer interface between the site infrastructure and the public which should reduce the events where the public is at rick of personal harm. • The proposed tower provides enhanced communications supporting the Blue Ridge Parkway and the Roanoke County public who use the parkway for recreation. Descriptions and other Information Requested by the County: Co- location options with the VA State Highway Patrol (VASHP) were reviewed by the NPS and the VASHP, however a co-- location opportunity did not present itself. Co- location with non - critical communication sites was not selected due to the need ensure site security for Law Enforcement/Ranger communications. The proposed tower is a Raft self - supporting lattice type structure. The decision to use a lattice type structure vs. a monopole was based on the NPS Blue Ridge Parkway maintenance requirements. The design objective was to select similar structures where equipment could be commonly repaired, replaced, or spared. A monopole tower at this location would be the only mono -pole tower at the remote sites servicing the 460mile long communications system. In addition, the lattice type tower is a lower cost solution vs. a monopole which met the budget objectives of this federally funded project. NPS and AT &T are prepared to coordinate the required Balloon test and provide visual/photo analysis of the Balloon from the following locations agreed to during the pre -- application consultation meeting: Glenvar School, view from the tennis courts or entrance rd. (4549 Malus Drive, Salem, VA 24153) G Library, view from about the front door (3917 Daugherty Road, Salem, VA 24153) > Campbell Hills subdivision, view from the road in front of about 6893 Campbell Drive > RR Donnelly, parking lot (6450 Technology Drive, Salem, VA 24153) Tecton Products (5415 Corporate Circle, Salem, VA 24153) > 1 -81 overpass at Dow Follow Road (exit 132) The project has been reviewed by the FAA and it was determined our project "does not exceed the notification requirements ". In addition, our proposed tower will be dull matt blue /gray in color (aged galvanized steel) and will not have any lighting. The proposed new tower will be installed within 90days following the Roanoke County approval of this application. The antiquated guy tower and supporting shelter currently being used by the NPS will be removed within 90 days of the contractor transitioning the radio communications from the old infrastructure to the proposed new infrastructure. The existing guy tower will not be re -used within Roanoke County; the tower will be completely removed, and properly disposed. • The new tower will not have any signs except for those required by the pertaining to human safety or required by the FCC. The site will primarily be powered by commercial power. However, in case of outages a liquid propane generator will be installed as a back -up emergency power source. The unit to be installed is a 15Kw liquid cooled unit produced by Kohler (Model 15REYG) with a weather housing and sound uplift kit. This unit emits a rated 65 dB(A) at 7 m, which is similar to a typical vacuum cleaner. with the added sound uplift kit installed the noise produced is projected upward which makes the sound emissions nearly negligible. The back -up generator requires periodic operation cycles. our planned cycle once every 7 days for no longer than 10 minutes per each cycle. Identification of the locations of existing NPS guy tower to be removed and the proposed new tower for County reference. The GPS location of the proposed new tower is 37° 11' 8.7 "N, 80 10' 6.4" w, the existing guy tower the NPS is currently using is -60ft to the East of the proposed location. 3. o f 1Y, q „F S Site: Poor -NItil .i. - - 1 mver IlliddIc Theiv are man towers En routc viovs to Poor NIm View lookin 2100M 5,11own'll" it. Ul scattered arotuid tip at Poor Nltii: Fim view to NPS shelter 10 n2 32 20N I Roatioke Count Real Estate Data M Purc� "" -h " fi I�x /1�1�+ f� Coun noke, it lin ia Pa e I of I 4 Print IF Hialp INEMZ= Parceild: 102,0001-01A)1.0000 Card Nuinher: 00 1 of 00 1 Propert .Add ress: 0 POOR MOUNTAIN RI) Unit# Jurisdiction: couwry Ma District; Windsor Hills Buildin Name Census Block.- 51161 050 202 Owner Name: PMTS LLC Billin Address: 881 POOR MOUNTAI N RD Deeded Acre (AQ or Lot (LT)-. 27.61 AC Calculated Acrta 29-61103186 BENT MOUNTAIN VA 24059 In Land Use: Y Le Description., TR A SUBD FOR TERRY BENT MTN Nei J007 Use Model: VACANT Appraiser: J Year Built (Est): St Utilities: Billin T Class: ('i re k here for contact inform ation 2011 Land Value: 107400 Flood Certificate: 2011 Buildin Value: 29700 Zonin A63 2011 Total Market Value: 137100 Zonin CondiflionE Transfers Veitr/Month Sales Price 0 200705 0 200705 0 200705 0 0 0 Instrument References T Nuniber PLAT 200707807 DEED 200709023 DEED 200707829 Foundation: Sub Floor: Floor over #11: Floor Cow #2: Inlerlor Wall fl: I nte rior W a 11 #2; Exterior Wall 01: Exterior Wall #'2- Commercial Structure Fr.ime- Fire Place Description: Roof Structure-, Roof 0wer: Ileal Fuel: warr Air Condition T Ot Apartmem Units: Rcd Rooijv%, Lower 0, Base 0, Upper O Total 0 Full Baths: Total 0 Half Baths* Total 0 Sub Area Description S Ft. 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ISON (i HONEYSUCKLE. 8497 C ]IONSYSUCKLE" RD ��1 14941 3382 RD I,itt 3/28/2011 Parcels 2LVV Ad Propert Owners - Cont, Pa I of I Faftels, (hi Parcels (hi Nuads A r va'At"A l AN# Inlartlatv "&Iw Ow"d 141ftew M04d Pismo d Optirowity1flivatv Rand Parcel* Aerial Pholo J ZOOG) Town of canton CJtv of Roanoke Cit at Salem Counly of Res,noke s,web.i- t--va. IS/RoanokcV 3/28/2011 ht : ipH iilrioanokecoLiti ,L Parcels 1 , 1 L oJ'O'J*AJ 'TV A I PARCE1,11) Gl"US NVNERNAME FULLADDR ADDIU-'NS1NUN1M-'H STREETNAM E STIM.E.TSUFFIX UN MARKE Al lr" 1) -, 414) 8144 11ONEYSUC K1.1 87-14 11 '. 0 NINE UC KL U RD 384, S600 (w) �111v[ I K3-5749 1,,L[ZAUET11 LEI, IRD , 1163 11 Dc,,7vG2 AGQfE1?En I (RF_F 6kFNCE Slwf FT 7) Nau T J From-, Michael J R Sent: Thursda March 17, 2011 1:52 PM To: naujock@att.com Sub Fw-. Poore Mountain Lease, Roanoke, VA ( AVAOOI 51 T I am forwardin this for Mike Mollin who is on leave for the next couple of weeks. Please see the email traffic below re the Poor Mountain Lease. Looks like it 'is all in order. Respectfull Michael R Facilit Mana Pis District 828-350-3821 ext 201 828-350-3829 fax 828-273-3071 Cellular Forwarded b Michael I R ran /BLRI/NPS on 03/17/2011 03:33 PM Michael Mollin 03/17/2011 034N27 PM "Mike R <michael_ .goer >, "Ron Re <Rory—Re To Michael Mollin Chief of Facilities Mana Blue Rid Parkwa 0 - (828)271-4779 C - (828)768-0410 Ori Messa From: Toe 1i Sent: 03/17/2011 08:F02 AM EDT To me ,Cc: Michael Mollin Cc Subject Fw: Fw-. Poore Mountain Lease., Roanoke, VA ( AVA00151 ) I Subject: Re: Fw: Poore Mountain Lease, Roanoke, VA (AVA00151) thanks again! meghan.kang @gsa.g ov To 03/17/2011 07:46 Michael_Molling@nps.gov AM cc Joe_Aull @nps.gov Subject Fw: Poore Mountain Lease, Roanoke, VA (AVA00151) Hi Guys: Frank Terry sent this agreement..,See below. If you need anything else, please let me know. I will add a copy of his response to our electronic file. Meg Meghan Kang Realty Specialist General Service Administration 20 North 8th Street Philadelphia, PA 19107 ( 215 ) 446-2857 - office (215) 280 -8349 - Cell - - - -- Forwarded by Meghan A. Kang/3P /RO3/GSA/GOV on 03/17/2011 07:45 AM "Frank Terry" <frank@aerospacet.com> <meghan.kang @gsa.gov> 03/17/2011 07:43 AM To cc Subject Re: Fw: Poore Mountain Lease, Roanoke, VA (AVA00151) K t . • �w ====�W. I I Dear Me are Thank y ou for the in-formation re the Forest Service Antenna Lease in Roanoke, Vir I have read the list provided b Mike Mullin g and am in complete a with 'it. I are aware of the project to replace the existin e Thank y ou for y our information. Frank, H. Terr Jr. From-, me To: me Cc: frank Joe — Aull Sent: Wednesda March 16, 2011 4:01 PM Subject: Re: Fw: Poore Mountain Lease, Roanoke, VA (AVA00151 Hi Frank: We never received a verification email from y ou regarding y our knowled of the Poore Mounta 'in lease. The a would like to move forward with the renovations, so please send me a response b COB tomorrow. I reall apprecaite y our attention to this matter and feel free to call me if y ou have an q uestions. Thanks, Me ,Me an Realt Specialist General Service Administration 20 North 8th Street Philadelphia, PA 19107 (215) 446-28:57 office (215) 280-8349 Cell Me A. Kan .GO V 03/10/2011 08:06 AM fran,k@aerospacet.com tro Cc Fw: Poore Mountain Lease, Sub 3 Roanoke, VA (AVA00151) Hello Frank: Thank you for taking the time to speak with me about the Forest Service Antenna Lease in Roanoke, Virginia. A description of the work is listed below by Mike Molling. The city of Roanoke has requested that you Verify that you are aware of the occuring work. Please review the information below and reply to my email Verifying that you are aware of the project. If you have any questions, please let me know. Sincerely, Meg Kang Meghan Kang Realty Specialist General Service Administration 20 North 8th Street Philadelphia, PA 19107 (215) 446 -2857 - office (215) 280 -8349 - Cell - - - -- Forwarded by Meghan A. Kang/3P /R03/GSA /GOV on 03/10/2011 07:57 AM Michael Molling @nps.gov 02/17/2011 09:53 AM Joe-Aull@nps.gov we cc meghan.kang @gsa.gov Subject RE: Poore Mountain Lease, Roanoke, VA (AVA00151) 4 Megan �- The Parkway is in the process of upgrading all of our existing communication sites as part of a parkwide microwave rehabilitation project. Poor Mtn. is one of our communication sites that make up our microwave radio system backbone. What we are planning on doing.at Poor is to replace the existing obsolete facilities with new equipment. We will be replacing the existing building and tower. The new tower will be self supporting, which means it will not need guy wires to support the structure. We are also planning on replacing the existing equipment building, and installing a back up generator. The overall footprint of the new equipment will be the same if not smaller due to the elimination of the guy wires currently supporting the old tower. We have awarded a construction contract and the vendor is planning on starting work on site by April or May, depending on weather at the two sites we have north of Poor Mtn, once they start construction, it will take approximately 30 -60 days to install the new equipment and remove the old equipment. One question that has come up regarding our current lease is regarding review of our existing facility by the FAA. Is there any documentation in our existing leases that indicates that the FAA reviewed our radio system facility? If you find anything please give me a call so we can discuss. I have attached a schematic drawing of the new facilities we are planning for the site. Let me know if you need anything further. (See attached file: Poor Mountain — Conceptual Plan(10- 07- 10 )(2).pdf) Michael Molling Chief of Maintenance Blue Ridge Parkway 199 Hemphill Knob Rd. Asheville, NC 28803 V (828 )271 -4779 ext. 215 C (828 )768 -0410 F (828 )271 -4313 From: Joe Aull /BLRI/NPS Sent: Wednesday, February 16, 2011 2 :53 PM To: Michael Molling Cc: meghan.kang @gsa.gov Subject: Poore Mountain Lease, Roanoke, VA (AVA00151) Mike - I spoke with Meghan today and she indicated that the lease provides for our making changes at the site. She doesn't see an issue with the tower replacement, but wants to advise the landowner regarding our plans. I offered your services on that part. Could you let her know when the construction is planned and a summary of what we plan to do that she could share, thanks, Joe 5 Notice Crite-tia Tool FA�A No FLtATZO111 Pa I of 2 a ,,o Aewvaw1- Ea6r-rnEv#vT Federal Aviation Administria -lion The s will be g oin g offlIne at 7 prn ET on Thursda March 31, 2,01 ' 1. for up We, apollo for an inconvenience, ,x OE/AAA Notice Criteria Tool tam Tile re for On with Ilia Fadaral Aviallon Administration for proposed structures var bawd an a number of factors'. hai proximil to an airporl, Inenflon, and fre emitted from the structure, sic, For more details, please reference You must file with the FAA at least 45 da P rior to cansirtsclion If: Y our structure will exceed 2Oft above g round level y our structure will be in proxin-ill to an airport and will exceed the slope ratio y our structure involves construction of a traver-sewa (i.e. hi railroad, waterwa e1c...) y our structure will emit rre and does not meet tho conditions of the FAA Co-[ncal rrl Polic y our structure will be In an insWument approach area and mi exceed part 77 Subpart C y our structure will bo on an airport or hellipart If y ou re ad(filional information re the filin re for your stns tore, please Idientit and contact [he appropria,le FAA fepiresentalive usin the ' I for Cuff Airport on cstruction. or contact tho . .1 1 fm On irpc com lm ction The r below wal assist in appl Part 77 NoUce Crituritl Latitude: DL% 1 1 m V.7 s N LalllaltUde� L Dn M IN Itorizantall 1) ntLl 1YI40 NAD83 Site Elevation (SE)4. DOW (nearest foot sttuctura H*I .(AGL) � (neareist foot) Travors4wa Private Road (Additional hei is added to certain structures under 77.9(c)) Is structure on airport; No Yes Restilts Y ou do not exceed Notice Criteria https:Hocaaa.fa,i. q tiii-edT... 3/28/2011 Notice Criteria Tool 14 Ish Pa 2 of 2 Grp s,,,//oeaa a. fa g ov/ocaaa/extern a I/ i s'Too I s/ n j sp? action— ] i t ice Re iredT... 3/28/20,11 Na-,ujock, T J From: Bruce. Beard@faa. Sent: Monda March 28, 2011 12:42 PM To: Naujock, T J Cc: Francis-Peltier@nps. M1chael_J_R Michael-Mullin Ron Re Gorman, Thomas M Subject RE-.'koanoke VA Your understandin is correct. If written documentation is re j ust print screen t sa notice not re Bruce Beard Air Traffi c, Obstruction Evaluation Group Supervisor, U.S. Operations Ofc: 817-838-1996 http,//oeaaa.faa. /\ FAA A�Kn1ow(,EOGEmE N T From: "Naujock, T J" <rtau qc�ka�ltcm> To® "Francis Pe1tierAn nPs. *Ron ,R ­.� ps. aov <& s _ z an jS10 Qnp . Cc- "Mj�ha J R xo an(cD-np-s-q0v"<NiwhieP1, eHse[& RynnRnm& >, i h" n S-0 , > "Gorman , Tho mas Mm anv>, "M !Q In 0 1- i ba2l Mollinganas,9W <Mt M Oho gorman 1 &alt, cQran >, Bruce Beard IASWIFAA@F AA Date, 0312812011 12:513 PM Subloci RE: Roanoko VA Francis/Ron.,, We've entered the site inr (per Mr. Beard's ) for OOr MOU11taill in the FAA"s Notice Criteria Tool and the deternliion results indillicated we "do fo no not exceed the tice cri note teria". I unde we should be clear to proceed with this si nat te w/o an f urther coordination with the FAA. We'll P rovide Roanoke Count the attached determination report with the Zonin application. Thank y ou for y our support, T 407-619-4400, M From: 13ruce.Beard@Laa.gov [ faa.go-y ai Ito: Brgce. Beard @ Sent: Monda March 28, 2011 11:33 AM To: Fran05 Pg1Jjg[@ Cc: bJ Hubei :Q1-J-R !nom nps. ► Michael M . xkC &ot Re g o n@ 0125 ,, g o V . _ L 9)att _D Subject: Re: Roanoke 'VA I'm a little confused as to whate-mails have been answered and which one I need to respond to, so sorr about this g oin g out to ever The q uestions bein asked can be answered on our web site. The "Notice Criteria Tool"' will tell y ou if notice to the FAA if re If notice is re y ou can e- file from the same web site. Bruce Beard Air Traffic, Obstruction Evaluation Group Supervisor, U.S. Operations Ofc: 817-838-1996 http://oegga.fgg.( 0/ \0 From Fran Pol To- on Regan Ca).n i2 s. g Cc. Bruce Board/ASW/FAA h.beard0faa. Michael J RyanQqp—s,gqv1, Wichge—lMolfingOngs.goy, natilochgatt,-c-ollri Daln- 0312812011 06--26 AM SubjocL Re: Roanoke VA Thanks Ron. Francis Peltier Special Assistant to the Re Director Southeast Re National Park Service 404 - 507 -5609 franc eltieran Ron Re 03/24/2011 09:19 bruce.beardofaa. AM b.bearl wfaa. Francis Peltier, At1anta/NPS@NPS, Michael Mo1lin Vro ,cc Michael J R E , A ujo c k 0 t t.. Cam Roanoke VA subject Mr. Beard, Thank y ou for y our input with a site in Buena Vista 'VA and the Form 7460-1. Your input allowed the build out. of site to continue. I would like one last time for an email from y ou statin FAA re We are presentl re-buildin another NPS communication site in Roanoke Co. VA. The Count re notif]".cation to FAA for permittin process since Roanoke Re Airport is within the Count Our replacement tower will be 1201 and located 13.82 miles from Roanoke Re Airport. We assume that Form 746C-1 and notification to FAA is not re as per y our prior email statin re Your on r n wi th oiir assumptions should meet the Counties re ccurece Your help is g rew y appreciated. Thanks/rr c-828 779 0408 [attachment "FAA Noi, ification Determination, - NPS Poor Mount- .ain.pdfll deleted, b Bruce Beard/ASW/FAA] 3 t� I k 40 Fm w L 0 1 T (o 4 if lip Aw -'I­� lq I CAI f ' AIF 4W e rr JF z 0 w M Aw 1 ftv IF. I w l- ?,,-- I, fj V 7T fi d. -Ism 11 01* ai IV 14 !v ■ T ? Ar No qL ap , s + � 9 ` , `9 3 .i,• @' +. c K a ,. rr i ° y ,F Jf _ b S. ''`� ' �'_".� 4 y:: • w _ - q 1F r � � k �7►l�C �� � fir r r��'���` a•i+k ..,r I _ il �.... 4 � •����. you °�, •e+ �. _ w A f= w # # AW 40 1! -. „y � alb''. fi ' • a �' T l l i. - .. . � �� 4 1 �, , �. ti, , � t 4` \. "\ +"4 "^. `t ! Vy, � \ ` ~•A. 5r ,y �- � ... �� � ,�� 1"� �. i +C • r E , ior r r r 40 4P KV; z� IF kit • P 1 + 1 y �L IWI F f • 1 yF %•'• 7 1 - 1 i•. � r � r 1 � % ' A, . 1 % l �F • ' ', , LM ` � '••, � � 4m. 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', . f ••• .� -■ L0. ti r ti '� r •1 � ` ••� l � � 16 I + L� . 1 ' I L. di C . � r I r •L' �•'. : ti � � 1 � rA - .S � � S L , �; •+� r ,`, �, � 1 •� - � i � - •, ' � - I i • J ti . y � } r � • � • I 1 ,.y � 1 T %1 • ti J '� S ti. r �• . 1 1 1. 1 . 1 �r r •Rr .•.y - .1 ■r� r •'• 1 - 1 a• :r Applicants Name: National Park Service Existing Zoning: A G3 Roanoke County Department of Prop Zoning: AV & AG3 Tax Map Number. . 102.00-01-01.01 Community Development Magisterial District: Windsor Hills Area: 27.612 Acres 12 January, 2011 Scale: 1 " = 400' = Pricipal Industrial Roanoke County Department of Community Development Applicants Name: Existing Zoning: Proposed Zoning: Tax Map Number: Magisterial District: National Park Service A G3S AV & AG3 102.00 -01 -01.01 -0000 Windsor Hills Area: 27.612 Acres 12 January, 2011 Scale: 1 " = 400' Municode Page 1 of 3 SEC. 30 -32.- AG -3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30- 32-1.- Purpose. (A) The AG -3, agricultural /rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district is to maintain these areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non -farm residents should recognize that they are located in an agricultural environment where the right -to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11 § If, 4 -2 7 -99: Ord. No. 042208 -10, § 1. 4- 22 -08) Sec. 30- 32 -2.- Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk M indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Farm Employee Housing Forestry operations ` Stable, Private * Stable, Commercial's Wayside Stand * 2. Residential Uses Accessory Apartment * Home Occupation, Type Il Manufactured Home * Manufactured Home, Accessory Manufactured Home, Emergency Multiple Dog Permit* Residential Human Care Facility Single- Family Dwelling, Detached Temporary portable storage containers` 3. Civic Uses Community Recreation Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas Safety Services * Utility Services, Minor 4. Commercial Uses Agricultural Services Bed and Breakfast * Kennel, Commercial Veterinary Hospital /Clinic 5. Industrial Uses Custom Manufacturing 6. Miscellaneous Uses Amateur Radio Tower (13) http: / /library.municode. corn/ print. aspx? clientID = 12222 &HTMRequest=:http %3a %2f%2flib... 6/112011 Municode Page 2of3 The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural Uses Commercial Feedlots 1.5. Residential Uses Alternative Discharging Sewage Systems 2. Civic Uses Camps * Cemetery Correctional Facilities Day Care Center * Religious Assembly Utility Services, Major 3. Commercial Uses Campgrounds * 4. Industrial Uses Composting * Landfill, Construction Debris Landfill, Rubble * Landfill, Sanitary Resource Extraction 5. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * (Ord. No. 42793 -20, § /1, 4- 27 -93; Ord, No. 62293 -12, § 8 6- 22 -93: Ord, No. 82493 -8. § 2 3- 24 -93: Orc1. No. 42694 -12, § 7, 4- 26-94; Ord. No_ 62795 -10, 6- 27 -95.: Ord. No. 042799 -11, § 2 Oro'. No, 072605 -7, § 1, 7- 25 -05; Ord. No. 042208 -16, § 1, 4- 22 -08: Ord. No, 052609 -22 . § 1 5- 26 -09) Sec. 30- 32 -3.- Site Development Regulations, General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a . Area: 3 acres (130,680 square feet). b. Frontage: 200 feet on a publicly owned and maintained street. C. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1, Front yard: a . Principal structures: 50 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a . Principal structures: 25 feet. b. Accessory structures: 25 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a . Principal structures: 35 feet. b. Accessory structures: 10 feet. 4, where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5, where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line. (C) Maximum height of structures. 1, All structures: 45 feet. http:lllibrary.muni code. coml print. aspx?clientID= 12222 &HTMRequest= http %3a %2f /o2flib... 6/1/2011 - Municode (D) Maximum coverage. 1. Building coverage: 5 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. (Ord, No. 62293 -12, § 10, 6- 22 -93) Page 3 of 3 http:lllibrary.municode. com /Print. aspx ?clientID= 12222 &HTMRequest= http %3 a %2f'%2flib... 6/1/2011 Municode Page 1 of 3 Sec. 34- 87 -2.- Broadcasting Tower. (A) Intent: The intent of these provisions is to regulate the placement of new and replacement broadcasting towers within Roanoke County. These provisions provide broadcasting tower applicants, property owners, and all other Roanoke County citizens clear guidance on the official policies and standards of the County. These policies and standards shall be used by applicants as a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within the county. In addition, the county staff, planning commission and board of supervisors shall use these policies and standards, the Roanoke County community plan and the general special use permit criteria found in section 30 -19 as a guide for evaluating any future requests for broadcasting towers. In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the county to achieve a long term reduction in the number of broadcasting towers within the county, and where possible, to achieve a reduction in the height of existing broadcasting towers throughout the county, with special emphasis on towers located along or near the ridgetops of major mountains and land forms. In addition, it is the goal of the county, where possible, to achieve the relocation of existing broadcasting towers and associated utility and access corridors which have a high visual impact on scenic resources. To this end, the county will work cooperatively with broadcasting tower owners and applicants and land owners to achieve these goals. It is the official policy of the county to encourage and promote the collocation of antennas on existing public and private structures within the county. To achieve this end, the county encourages all wireless communication providers to locate new antennas on existing structures. Permits for new broadcasting towers should only be requested when no other reasonable alternative exists for locating needed antennas. When new broadcasting towers are proposed as a last alternative, the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. The use of stealth designs should be considered for any new broadcasting tower. It is the intent of the county to fully comply with all of the applicable provisions of the federal Telecommunications Act of 1996 and other applicable federal and state laws as said laws address and preserve Roanoke County's zoning authority and provide to the communication industry the right and responsibility to provide communication services within their service areas. (B) Applicability: These standards shall apply to all new and replacement broadcasting towers within Roanoke County with the exception that new and replacement broadcasting towers and associated antenna not exceeding thirty (30) feet in height and located within any commercial or industrial zoning district shall be permitted by right provided: a. The proposed tower is a monopole type design; b. The general area of the proposed tower is currently served by above ground utilities including electric power and telephone poles; and C. All other use and design standards for the construction of the broadcasting tower and associated facilities are met. 2. No modification to increase the height, size, type or location of any existing broadcasting tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the broadcasting tower and facilities with all of the requirements of this ordinance. 3. Antennas may be installed on any existing structure within the county, without the necessity of obtaining a special use permit, provided said antenna does not meet the definition of a broadcasting tower, does not increase the height of the existing structure more than ten (10) feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district. 4. These provisions shall not apply to any temporary broadcasting tower erected for the purpose of system design or testing provided the temporary broadcasting tower is erected for a period not to exceed twenty -one (21) days. In addition, in declared local emergency situations, the county administrator shall be authorized to allow the temporary installation of a broadcasting tower for the duration of the local emergency. A zoning permit pursuant to section 30 -9 of this ordinance shall be applied for and approved prior to erecting any temporary or emergency tower. (C) Application requirements: All potential applicants for broadcasting towers shall consult with county planning staff at least thirty (30) days prior to submitting an application for a proposed broadcasting tower. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on http :lllibrary.municode.com/ print. aspx? cl* entID = 12222& HTMRequest= http %3a %2f%2 6/1/2011 Municode Page 2 of 3 Roanoke County policies and standards for broadcasting towers, and shall discuss with the applicant possible alternatives to broadcasting tower construction. 2. In addition to the application requirements contained in section 30 -19 -2 of this ordinance, all applicants for broadcasting towers shall provide the following at the time of application: a. The location of all other proposed broadcasting tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection. b. The location of all other possible collocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection. C. Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed broadcasting tower site. The number of simulations and the perspectives from which they are prepared, shall be established with the staff at the consultation required in section C.1. above. d. A computerized terrain analysis showing the visibility of the proposed broadcasting tower and antenna at the requested height and location. If new or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features. e. Information on how the proposed site relates to the applicants existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site. f. All broadcasting tower applicants shall be required, at their expense to conduct an on -site "balloon" or comparable test prior to the planning commission and board of supervisors hearings on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant at the pre - application consultation. g. written verification that all required submittals to the FAA as required by section 30- 87 -2(D )0 of this ordinance have been submitted. 3. The applicant shall be responsible for all fees associated with the filing of the application including the reasonable cost of any independent analysis deemed necessary by the county to verify the need for the new broadcasting tower. The board of supervisors shall establish -these fees, which shall be discussed with the applicant at the pre - application conference. (D) General standards: 1 , The maximum height of any proposed broadcasting tower and associated antenna shall be made as a condition of the special use permit, but in no case shall any broadcasting tower and antenna exceed one hundred ninety -nine (199) feet in height. Applicants shall request the lowest broadcasting tower and antenna height necessary to accomplish their specific communication objectives. 2. The setback for any proposed broadcasting tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the broadcasting tower to any residential structure on an adjoining lot be less than forty (40) percent of the height of the tower, measured from the closest structural member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard. 3. The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be fifty (50) feet. Such buildings or structures shall be located a minimum of twenty -five (25) feet from any other property line. 4. More than one (1 ) broadcasting tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements. 5. Broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to federal requirement, the county shall contact the federal agency to verify the necessity of lighting, and to determine the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting, or a "down lighting" design may be installed on buildings and structures associated with a broadcasting tower. In no case shall any lighting violate section 30 -94 of this ordinance. G. Any proposed broadcasting tower within two (2) miles from any general or commercial airport or located at a ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit. 7. All broadcasting towers shall comply with any additional requirements established in the airport overlay district in section 30 -72 of this ordinance, and the emergency communications overlay district in section 30 -73. 8. Any broadcasting tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the additional equipment necessary for at least three (3) other vendors /providers of communications services in order to minimize the proliferation of new broadcasting http Hlibrary. municode ,com/print.aspx ?clientID= 12222 &HTMRequest =http %3a %2f'%2flib... 611120 Municode Page 3 of 3 towers in the vicinity of the requested site. in addition, by applying and being granted the special use permit, the applicant and the owner of the land agree to make the broadcasting tower and tower site available for additional leases within the structural capacity of the broadcasting tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the broadcasting tower location required for the additional capacity. 9. A monopole broadcasting tower design is recommended. The board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County, and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be a criteria for determining broadcasting tower design. 10. No broadcasting towers shall be permitted within the critical viewsheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and pre - approved by the board of supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the board of supervisors prior to the filing of a tower application. 11. By applying and being granted the special use permit, the applicant and the owner of the land agree to dismantle and remove the broadcasting tower and associated facilities from the site within ninety days of the broadcasting tower no longer being use for wireless communications. Dismantling and removal from the site shall only be required after notice by the County. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A bond or similar performance guarantee may be required as part of the special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of the tower and all associated facilities and the reclamation of the property and road, access and utility corridors to a condition that existed prior to tower construction. 12. All broadcasting tower structures and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. 13. No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the broadcasting tower. (E) General review policies: All special use permit requests for new broadcasting towers, including the replacement or modification of existing broadcasting towers shall be reviewed by the staff, planning commission and board of supervisors on the basis of the following criteria: I The extent to which the broadcasting tower proposal conforms to the general special use permit criteria in section 30 -19 of this ordinance, and the intent, application requirements, and general standards for broadcasting towers found in these provisions. 2. The demonstrated willingness of the applicant to evaluate collocation opportunities within the proposed communication service area, and the demonstrated history of the applicant choosing collocation sites within the Roanoke Valley. 3. The base and top elevation of the proposed broadcasting tower relative to surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting tower locations below surrounding ridge lines are preferred. 4. Broadcasting tower locations already served by existing roads and utilities are preferred due to the potential detrimental environmental and visual impacts resulting from the construction of new road and utility corridors. 5. Within the needed service area, the availability of other existing structures that are, based upon independent analysis, of suitable height, design, and location for the needed antenna. 6. The visibility of the broadcasting tower from the surrounding community and neighborhood compatibility of the tower as determined by the submitted computer simulations, terrain analysis and balloon or comparable test. 7. The degree to which the proposed tower location, site design and facilities including fencing, buildings and other ground mounted equipment and new or modified road, access or utility corridors are located, designed and constructed to be compatible with the neighborhood. (Ord. No. 82493 -8, § 4, 8- 24 -93; Did. No. 102798 -12 § 1, 10- 27 -98) http:H library. m. unicode .comlprint.aspx ?clientID = I2222 &HTMRequest=http %3a %2f %2flib... 6/1/2011 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2011 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 120' SELF - SUPPORTING LATTICE TOWER TO REPLACE AN EXISTING 85' GUYED TOWER ON A 27 ACRE PARCEL LOCATED ATOP POOR MOUNTAIN OFF HONEYSUCKLE ROAD (TAX MAP NO. 102.00- 1 -1.1), WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF THE NATIONAL PARK SERVICE — BLUE RIDGE PARKWAY WHEREAS, the National Park Service — Blue Ridge Parkway has filed a petition for a special use permit to construct a 120' self- supporting lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road (Tax Map No. 102.00 -1 -1.1) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, - the Board of Supervisors of Roanoke County, Virginia, held a first reading on tl ,, iis matter on May 24, 2011; the second reading and public hearing on this matter was held on June 28, 2011, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the National Park Service — Blue Ridge Parkway to construct a 120' self - supporting lattice tower to replace an existing 85' guyed tower on a 27 acre parcel located atop Poor Mountain off Honeysuckle Road (Tax Map No. 102.00- 1 -1.1) is substantially in accord with the adopted 2405 Community Plan, as amended, pursuant to the provisions of Page 1 of 2 Section 15.2-2232 of the 1050 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The proposed development shall be in general conformance with the concept plan prepared by the United States Department of the Interior dated January 25, 2011. b) The proposed tower shall not exceed a total height of 120' . c) The existing 85' tower and supporting structures shall be removed and properly disposed of from the site by January 1, 2012. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by tl - *iis ordinance. Page 2 of 2 S -3 PETITIONER: Roanoke county Board of Supervisors, Town of Vinton, and cardinal IG Company CASE NUMBER: 10- 612011 Board of Supervisors Consent 1 st Reading Date: May 24, 2011 Planning Commission Hearing Date: June 7, 2011 Board of Supervisors Hearing & 2 nd Reading Date: June 28, 2011 A. REQUEST To amend the protective covenants and Master Plan and to remove proffered conditions on 99 acres zoned PTD, Planned Technology Development, District at - the Vinton Business center, located near the 2199 through 2490 blocks of Hardy Road and the 2199 block of Cardinal Park Drive, Vinton Magisterial District. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Philip Thompson presented the staff report. Commissioners had some questions regarding existing trees and vegetation and buffers. Ms. Consuella Caudill, Assistant Town Manager for the Town of Vinton, stated that the Vinton Town Council supports the proposed amendments and documents as presented. D. PROFFERS None. E. COMMISSION ACTION Mr. Peters made a motion to recommend approval of the rezoning application to amend the protective covenants and Master Plan, and to remove the proffered conditions. The motion carried 4 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X concept Plan X Vicinity Map X Staff Report x Other Philip Thompson, Secretary Roanoke County Planning Commission STAFF REPORT Petitioner: Roanoke County Board of Supervisors, Town of Vinton, and Cardinal IG Company Request: Amend the covenants, conditions, and Master Plan on approximately 97.17 acres zoned PTD, Planned Technology Development, District at the Vinton Business Center Location: Near the 2100 through 2400 block of Hardy Road and the 2100 block of Cardinal Park Drive Magisterial District: Vinton Proffered Conditions: None EXECUTIVE SUMMARY: This request is to amend the covenants, conditions and Master Plan on approximately 97.17 acres zoned PTD, Planned Technology Development, District for the Vinton Business Center. The Vinton Business Center (formerly the McDonald Farm) was rezoned in 1999 from R -1, Low Density Residential, District to PTD by the Town of Vinton. In 2006, Roanoke County became equal partners with the Town of Vinton in the development of the Vinton Business Center. A revised Master Plan and revised development guidelines and covenants were produced to reflect this new arrangement. The new covenants and Master Plan would guide development at the Vinton Business Center. All proffered conditions would be removed from the properties in the Center. The Future Land Use designation for the seven (7) properties involved in this request is Transition. Planned office parks with a high degree of architectural design and environmentally sensitive site design are encouraged in Transition areas. This request is consistent with the Future Land Use designation. Development of the Vinton Business Center is also compatible with the goals, objectives, and implementation strategies listed in the Economic Development Plan component of the 2005 Community Plan and the Vinton Area Corridors Plan. 1. APPLICABLE REGULATIONS Section 30 -63 of the Zoning Ordinance provides the district regulations for properties zoned PTD (Planned Technology Development). Once recorded, the revised development guidelines and protective covenants would also apply to any future development in the Vinton Business Center. Development of individual sites would be reviewed and approved by the Town of Vinton and Roanoke County and would follow the County's subdivision and site plan review processes. 2. ANALYSIS OF EXISTING CONDITIONS Background In October 1999, the Roanoke County Board of Supervisors approved a rezoning of 99.38 acres (known as the McDonald Farm) from R -1, Low Density Residential, District to PTD, Planned Development Technology, District for a mixed use development by the Town of Vinton. The conditions of the rezoning included a 10 page document entitled "Protective Covenants, Conditions, and Restrictions for the McDonald Farm ", four proffers, and a conceptual master plan designed by Mattern & Craig, Inc., dated October 26, 1999. The mixed -use park is a cooperative venture between the Town of Vinton and Roanoke County. The costs of this development, as well as current and future tax revenues generated by the development are shared between the two localities. In October 2003, the Roanoke County Board of Supervisors approved a rezoning to amend one of the proffered conditions associated with the original 1999 rezoning petition. The amended proffer removed language dealing with the building materials and roof pitch associated with lots G & H on the Master Plan. In November 2003, Roanoke County approved a subdivision plat of the Vinton Business Center. The plat divided the original tract into 7 parcels (6 lots, plus a detention lot) with appropriate easements for drainage, utilities, trails, and conservation, as well as the right -of -way for Cardinal Park Drive. In December 2006, Roanoke County and the Town of Vinton revised their agreement on the shared development costs and the shared tax revenue for the Vinton Business Center. The revised agreement made the Town and County equal partners (50 -50). Currently, Cardinal Glass is the only business located at the Vinton Business Center. Cardinal IG Company is listed as an applicant and property owner in this petition. Cardinal has reviewed the proposed changes to the Master Plan and development guidelines /protective covenants. Surrounding Neighborhood Most of the properties to the north are zoned R -1, Low Density Residential, with two (2) parcels zoned C -2, General Commercial. Properties to the west and one property to the east are zoned R- 1. The remaining properties to the east and south are zoned AG -3, Agricultural /Rural Preserve. Surrounding land uses to the north include single family residences, churches, and commercial properties (convenience store with gas pumps). Single family homes and churches are located to the east and west of the Vinton Business Center. The Blue Ridge Parkway property is located to the east and south of the property. 3. ANALYSIS OF PROPOSED DEVELOPMENT Master Plan The revised Master Plan covers seven (7) properties totaling approximately 97.17 acres. The Master Plan reflects the existing development and lots as shown on subdivision plat. Lots range in size from 4.5 acres to 23+ acres (Cardinal Glass). A detention lot for stormwater management makes up 11.3 acres of the Vinton Business Center. Access to most of the lots is by Cardinal Park 2 Drive, which is in state system for maintenance. Access to Lot 4 would be provided by a driveway from Hardy Road. Building footprints, parking spaces, landscaping, trail locations, and buffers have been removed from the original Master Plan. These items are covered on the subdivision plat or by the PTD regulations in the County's Zoning Ordinance. A conceptual loop road was also included with the original Master Plan. A large wetland area shown on Lot 5 of the new Master Plan restricted the development of this road. Parcels can be subdivided into smaller parcels based on a company's needs. Development Guidelines /Protective Covenants A revised set of development guidelines /protective covenants were developed as part of this project. The original guidelines /covenants that were part of the rezoning in 1999 reflected the Town of Vinton responsibility for approval and enforcement of these guidelines /covenants. With the County becoming an equal partner in 2006, the guidelines /covenants need to be amended to reflect this new arrangement. The revised guidelines /covenants generally keep to the spirit and intent of the original guidelines /covenants (see attached comparison chart). Additional language and formatting were incorporated into the revised guidelines /covenants from the County's Center for Research and Technology (CRT) design guidelines. The guidelines /covenants are divided into three articles. Article I includes the purpose, definitions, and permitted uses in the Vinton Business Center. Article II discusses administration and procedures dealing with the subdivision of property, project review, maintenance and enforcement. Article III lists the development and design standards which address site development, buildings (location, height, and design), parking and loading areas, utilities, waste, lighting, accessory structures, outside storage, landscaping, signs, and temporary construction structures and utilities. Proffered Conditions Four proffers were part of the original rezoning in 1999. They are: 1. On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non - reflective, earth tone colors. 2. Buildings on Parcel "A" identified on the concept plan dated August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped parking area. No customer parking shall be permitted to the rear of the buildings. 3. Any residential, civic, office, commercial, industrial or miscellaneous use types listed in the Roanoke County Zoning Ordinance, that requires a special use permit, shall also require a special use permit under this Planned Technology District rezoning, except as amended by the "Protective Covenants, Conditions and Restrictions for the McDonald Farm ". 4. Broadcasting towers shall be prohibited. In October 2003, the first proffer was amended to remove language dealing with the residential building materials and roof pitch associated with lots G & H on the Master Plan. This petition would 3 remove the proffers from the properties in the Vinton Business Center. These issues are handled by the existing subdivision plat, the new Master Plan, the revised guidelines /covenants, and the PTD regulations in the County's Zoning Ordinance. Economic Development The Roanoke County Economic Development Department supports this request. Community Meeting A community meeting on the revised Master Plan and guidelines /covenants was held on May 31, 2011, at Grace Family Church. County staff explained why the revisions were taking place, the rezoning process with hearing dates, and the proposed revisions to the Master Plan and development guidelines /protective covenants. Citizens had questions, comments or concerns regarding the permitted and prohibited uses in the Center, the residential properties along Hardy Road adjacent to the Center, the lack of trails being constructed to date, the widening of Hardy Road and its current condition, buffers, and access to Lot 4. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Future Land Use designation for the seven (7) properties in the Vinton Business Center is Transition. Transition is a future land use that encourages the orderly development of highway frontage parcels. These areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Planned office parks and independent facilities in park -like surroundings are encouraged. A high degree of architectural design and environmentally sensitive site design is encouraged. This request is consistent with the Future Land Use designation. Development of the Vinton Business Center is also compatible with the goals, objectives, and implementation strategies listed in the Economic Development Plan component of the 2005 Community Plan and the Vinton Area Corridors Plan. 5. STAFF CONCLUSIONS This petition requests to amend the design guidelines /protective covenants, conditions and Master Plan of the Vinton Business Center. The Vinton Business Center (formerly the McDonald Farm) was rezoned in 1999 from R -1, Low Density Residential, District to PTD by the Town of Vinton. In 2006, Roanoke County became equal partners with the Town of Vinton in the development of the Vinton Business Center. A revised Master Plan and revised development guidelines and covenants were produced to reflect this new arrangement. The new covenants and Master Plan would guide development at the Vinton Business Center. All proffered conditions would be removed from the properties in the Center. The Future Land Use designation for the Vinton Business Center is Transition, which encourages planned office parks with a high degree of architectural design and environmentally sensitivity. This request is consistent with the Future Land Use designation as well as the goals, objectives, and implementation strategies listed in the Economic Development Plan component of the 2005 Community Plan and the Vinton Area Corridors Plan. 11 DATE: CASE NUMBER: HEARING DATES: PREPARED BY: ATTACHMENTS: June 1, 2011 10- 612011 PC — June 7, 2011 Philip Thompson Application Aerial Photograph Zoning Map Future Land Use Map PTD Zoning Regulations 5 BOS — June 28, 2011 Count of Roanoke COMMU-nit Developnient Plantin & Zonhi 5204 Bemard Drive 1) 0 Box 29800 Roanoke, VA 24018-07,98 (540) 772-2068 FAX ( 5401 776 - l ALL APPLICANTS For Staff Use 00 cc el ate r 14 iv ecei ed /1 by,, Application foo: PCIBZA d to: Placards 13swW: D d os ' i e LZ umba e, / ;_ 6 11 Check t of application filed (check all that appl 6 Rezonin F Special Use El Variance 0 Walver 0 Administrative Appeal it Comp Plan ( 15.2-223z ) Reviciv Applicants name/address w1zip Phone: 772-2005 Roanoke Count Boilrd of Supervisors et a] ( see attached sheet) Work: _(540) PO Box 298001 5204 Bernard Drivc Cell #: Roanoke. VA 24018 Fax No.: (540)_772--2T93 Owner's name/address /zips Phone N: (540) 772-2005 Rowoke CounE Board Of &Ipervk, o et al (see attached sheet) Work- PO Box 29800 / 5204 Bernard Drive Fax No. ( 540) 772-2193 Roanoke., VA 24018 Propert Location Ma District: 1 Vinton Properliesaie located on Hard Road and on Cardinal Park Drive -1 Communit Plannin area: Virnton Tax Map No.: VariOLIS PaICCIS - s" attaclied sheet Existin Zonin FFD Business / In(justrial Park & Vacani Size of parcel(s): Acres: 99 +/- acres Existin Land Use: REZONING SPECIAL USE PERMI T WA I VER AND COMP PLAN ( 1 5.2 -223 R E VIE W APPL ICA N TS (R/S nV C P Proposed Zonin PTD with a inended Master Plan, covenants antl 1 ) roffers proposed i Use : Business/ IndustrW Park Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes 1 1 No,n IF N09 A VARIANCE IS RE FIRST. Does the parecl meet the minimum criteria for the re Use T Yes A No (I IF N% A VARIANCE IS RE F1 RST If rezonin re are conditions bein proffered with this re Yes F1 N o F-1 VA RJA NC E, WA I VER A ND ADWIVISTRA '1 `PE L A PPLICA NTS (VIIVIAA Variance/Waiver of Section(s) of the Roanoke Count Zonin Ordinance in order tot! Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section(s): - of the Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to Is the application complcto? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE, [USAMP WAA IUS/%V/(:P WAN TIPSAWT V/AA Consultation 8 1/211 x I I" concept plan Application fee F_ Application Metes and boinds description Proffers, if applicabie Justification Water and sewer application Adjoinin propert omers I herob ca-tif thatl amcitherthe ownero'the propw owner's a or contract purcliaser and ain actin with the knowled and consent of the owner. Property Own I crs sheet attached Owner' i,rrature 2 Vinton Business Center Propertv Owners Roanoke Count Board of Supervisors PO Box 29800/5204 Bernard Drive Town of Vinton 311 S. Pollard Street Vinton, VA 24179 Cardinal IG Compan 775 Prairie Center Drive, Suite 200, Eden Prairie, M N 55344 Is bw I a y a @PEI .4 4 C) 0 Q r �•y F••I cz u P--i C9 F-4 A--1 CNI M M r-.q L O r--4 r-- r--9 r-4 C , +y � r--41 C q Cq -Cq Cq Cq Cq N 0 W04 ;Z opt {`3 p • T �y %:� v I ►'�4 del • i F f i i r1 0 ' f CO ce) CO ii ■A O .WAN .� N V a 0U (U cn V m � a O a CL L 4*j a L U >- O c w •� O LA — ' cn — '�� C6 Mo O �' _I_ � � O N . � .— O — � , V O U O o O a_+ aj C V CAA . V N Ln CL O � U i O cn c — E � • � ,. -a 4A c6 • O + Ov -0 aOjp O � O O t�0 — - 0 a) •v N 0 O O '� O N (D \ O O v ai 1 i ro o LL } O . 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B. Do.finiti The owner ( s ) , lessee or occu ( s), includin prospective owners, lessees or occupants of the Propert 0 cent ere Vinton Business Center located in the Count of Roanoke, Vir Center Master Plan: The g eneral development plan and land use plan for the b Vinton Business Center, includin infrastructure, road and parcel desi as approved b the Roanoke Count Board of Supervisors. Count Count of Roanoke, Vir 41 Count. A dminis trot or: The, Administrator of Roanoke Count or his desi I Improvements: An and all improvements made to or constructed upon the Propert 'includin but not limited to roads,, buildin structures,- tanks and stora containers, draina and utilit facilities, drivewa and parkin areas, g radin g , landscapin fencin screenin devices, site li communication devices, si and all similar or related structures or improvements, Localities: The Town of Vinton, Vir and the Count of Roanoke, Vir Propert or Properties: The p i arcel or parcels �of land, includin an mprovements thereon, located in the Center, as set forth in an deed, 1 DRAFT — 4/1/11 option, lease, a or a of sale applicable, to these restrictions. Restrictions: The covenants, desi g uidelines, conditions and restrictions contained in this document. Setback* W The mininium distance b which an buildin or structure inust be separated from a street ri or lot line. Town: Town of Vinton, Vir Town Mana The Mana of the 'Pown of Vinton or his desi Transfer: An conve or troeansfer of title or possessor ri respectin the Propert an portion thereof, or an interest therein, b ntact, deed exchan foreclosure (includin a deed in lieu thereof), assi lease, operation of law, or other means, to another person or persons or entit or entities, whether voluntar or involuntar In the case of a non-publicl held corporation, the assi or other transfer of fift percent (50%) or more of its capital stock evidencin control of such corporation shall constitute a Transfer, unless made to the corporation's parent or subsidiar controlled (throu stock ownership) b the corporation. In the case of -I partnership, g eneral or limited, a chan of the g eneral partner or the transfer or assi of partnership interests in excess of fift percent (50%) of the partnership 'Interests shall constitute a Transfer. In the case of a limited liabilit compan the transfer of more than fift percent (50%) of its membership interests shall constitute a Transfer. The g rantin g of a mort deed of trust, lien or other encumbrance on or with respect to the 'r op shall not be deemed a Transfer, but an foreclosure there under (or deed in lieu thereof shall constitute a Transfer. C. Appheabilit These Development Guidelines and Protective Covenants, includin the land use re and buildin re shall run with the land and shall be bindin upon all parties havin or ac an ri g ht, title, or interest in and to the real propert or an portion thereof, and shall be incorporated in an Tran8fer of the Propert as covenants runnin with the Propert The Count Administrator shall 2 DRAFT — 4/1/11 record applicable documents and revisions associated with these Development Guidelines and Protective Covenants with the Roanoke Count Clerk of the Cirouit Court. Invalidation of an of the provisions of these g uidelines and covenants shall i in no wa affect an of the other provi sons, or parts thereof, which shall remain in %F full force and effect. D, Land Uses and Develop.Lient Standards 1. Permitted Uses: Properties within the Center shall be used onl for the followin purposes. Land uses not listed are prohibited. (a) General manufacturin processin or assembl operations where processes, fabrication and products are envia oniiienfiall clean and efficient. (b Commercial, office or industrial flex space ( office/warehouse combination ( c ) Science, research and technolo businesses, services, or laboratories where processes are env ironment all clean and efficient. (d) Business services 'Incidental to an of the fore (e) Accessor uses associated with a principal permitted use in accordance with an established Count standards. Where it is unclear whether or not a particular use of the Center, is permitted, the locahties shall decide whether or not such use is permitted, and its decision shall be final and bindin upon all persons. 2. Development Standard The use and development of all properties in the Center shall be in accordance with the standards se " t forth in Article III o�f these Develop e- p mt tec Guidelines and, Protive Covenants. ARTICLE 11 ADMINISTRATION AND PROCEDURES A. Improvements, In Ge al No construction, exterior alterations, additions, or renderin to an existin improvement ma be Initiated without submission of plans for said improvements to the localities. Interior alterations which do not chan exterior appearances are 3 DRAFT — 4/1/11 permitted without submission of plans, provided such interior chan do not chan an use of propert Review and recommendation of approval with respect to uses and improvements b the localities shall be in addition to, and not in lieu of, an permits or approvals re b an local, state or federal law or re Plans will be subject to all applicable federal and -state laws and Count ordina-ne'-es. Pertinent ordinances of the County include, but ma not be limited to: Zonin Subdivision, Storm Water Mana Erosion/Sediment Control and Steep Slope Ordinance, as amended. B. Subdivision, -In General All propert within the Center shall be subdivided in accordance with the Roanoke Count Zonin and Subdivision Ordinances, as amended. C. P Lo ject Review Process The proposed use of a propert in the Center must be reviewed and recommended for approval b the localities prior to the transfer of land, or subse transfer. D. Maintenance of Im-orovenients All properties, buildin structures and 'improvements shall be maintained in a neat, clean and attractive condition at all times. The premises shall be kept free of debris and trash of an sort, and lawns and landscapin shall be kept in a state of g ood repair. Maintenance of landscapin and lawns shall include all necessar plantin cuttin waterin fertilizin aeratin seedin spra prunin and weedin Propert owners shall promptl replace an dead or dama landscapin approved as part of the site plan for the propert Painted and exposed metal surfaces shall be maintained and kept frce froin peelin or rust. Parkin areas and drive(s-ishall be paved and dama pavement or hard surfaces repaired. E. Enf'orcenw-111, Enforcement of these Development Guidelines and Protective Covenants shall be undertaken b the localities. In the event of a violation, the Circuit Court of the Count of Roanoke, Vir shall have the uItimate jurisdiction to enforce or interpret an of the restrictions, conditions, covenants, and liens now or here- after imposed b these Development Guidelines and Protective Covenants. Failure to I enforce an provision contained in CA T these Development Guidelines id Protective Covenants shall in no event be deeiiied a waiver of the provisions, whether the violation is sin or repetitive. DRAFT 4/1/11 ARTICLE III: DEVELOPMENT AND DESIGN STANDARDS The Roanoke Count Zonin Ordinance, as amended and other applicable re shall be met for an development or improvement in the Center. In lldd*tion the followin development and desi standards shall appl A. Site Development Green Development En our Site development and new buildin shall consider and incorporate g reen development options and sustainable development where possible. Development is encoura that is consistent with the U. S. Green Buildin Co�uncil's LEER (Leadership in Ener and Environmental Desi standards. 2. Access Points: Site access points shall be kept to a minimum and consolidated. New drivewa entrances shall be coordinated with existin entrances, and adjacent u-ses for safe traffic circulation. 3. Streets: All streets and roadwa constructed within the Center are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the Center for the reasonable use and enjo of their properties, includin the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts ma construct interior private roadwa that connect to public streets upon approval of a site plan b Roanoke Count B. Buildin Sitin and Location: Bu g s shall be located on the site such that the development establishes an attractive and functional arran of buildin and parkin and enhances the natural and man-made features of the Center. Buildin shall be sited on the propert to reh,ite to primar s tr,eet(s) in the Center. Buildin setbacks shall be consistent, with established zonin re and shall consider relationships to buildings on adjacent properties, particularl as it ma affect views and street appearances. 2. I eight: Buildin hei shall be as set forth b the Roanoke Count Zonin Ordinance, as amended. Proposed buildin hei 8ball consider relationships to adjacent buildin hei natural features and scenic vistas. Variable buildin hei are encoura 5 DRAFT — 4/1/11 3. Desi All development shall no the followin desi standards for exterior facades, materials, appurtenances and e (a) General Building D,esi The architectural composition, scale, elements, and details of a buildin shall relate to the site"s natural fi-1cat-,air es and characU.-tv of the surroundin arc a and development. Landscapin shall be an integral component of the exterior desi of an buildin All buildin shall minimize potential impacts from noise, li and traffic. (b) Buildin Facades and Materials;,, Buildin shall emplo 'various architectural forms to create visual character and interest. Buildin shall be segmented with distinct masses of vertical and horizontal elements to minimize bulkiness. Front buildin foacades and those facing P ublic streets shall be desi to exhibit attractive architectural features, materials, dimensions and s Brick, stone, architectural masonr and g lass are the preferred exterior materials. Two or more colors are encoura to hi architectural details and materials, Buildin walls are encoura to be variable and not consist of expansive surfaces without a ph and visual break. Buildin entries shall be clearl Visible and articulated usin architectural features, elements and materials. Windows shall be visible on all publicl buildin facades. The size and location of windows shall relate to the scale and proportions of the buildin elevation on which the are located. Roofs shall be desi to be an inte component of the architecture of the buildin Roof materials shall be non- reflective. Multiple roof lines and offsets are encoura Also, roof desi are encoura to incorporated " technolo as recommended b LEED standards. Planned expansion or renovation for all buildin or structures must meet or exceed the q ualit y of the initial structure. CRAFT — 4/1/11 ( c ) Buildin Appurtenances and E Where re roof mounted e and vents shall be located in an inconspicuous location and shall be reasonabl screened from public street views b painted panels, opa screens, or other effective methods. All exterior e shall be desi to miniinize noise and shall include appropriate insulation materials or technolo to control outside noise. Exposed features such as g utters, downspouts, vents, towers, etc. shall be desi to match the color of surfaces to which the are attached. (d) Dama or Destro Buildi If an buildin or other improvement in the Center is dama or destro b fire, storm, explosives, or otherwise, then all debris resultin from the damage or destruction sh,-ill, be cleaned and removed within thirt ( 30 ) da of the dama or destruction. If an buildin or other improvement is to be reconstructed, such construction shall be within six (6) months of the date of the dama or destruction, or the land shall be g raded and restored to substantiall the condition, which existed prior, to initial construction. C. Par kin Loadin Areas and Docks Parkin for emplo shall be located 'in area that are removed from the primar public street entrance. Parkin for visitors shall be located in close proximit to the main buildin entrance and shall be -setback from the public street so as to not interfere with or detract from the primar street views of the buildin All parkin area shall be landscaped both internall and externall to enhance the architecture of the buildin the site, and the Center. Loadin areas and docks shall be located in areas not visible from public streets and shall be appropriatel screen and landscaped. D. Utilities All utilities shall be located under g round, unless the t y pe of service necessar for normal activities of the industr or business shall prohibit under installation. All development shall be served b public water and public sewer s Low-impact desi (L.I.D) methods of mana storm water shall be . dered in desi ' the development. All storm water mana areas shall cons i be landscaped appropriatel and maintained. Mana area and drainage DRAFT — 4/1111 channels shall blend with the landscaping of the site and incorporate natural materials and ve E. Wastes No external, waste treatment or stora facilities are permitted. Bulk containers for trash are permitted, provided the are constructed in accordance with the standards for accessor structures. F. Lighti All li in the Center shall be in accordance with li standards established in the Roanoke Count Zonin Ordinance, as amended. All li in the Center shall be directed inward toward the buildin and shall be shielded and directed downward to control extraneous li or g lare. All li shall be contained within propert boundaries. Where development is located adjacent to buffers and residential properties, dark/ni sk friendl li usin full cutoff li fixtures is encoura so that there is no direct li upward and no g lare. Li of parkin lots, loadin areas and access wa shall be no g reater than 25 feet in hei and kept to the minimum necessar for direction and safet durin operatin hours. Walkwa and buildin eintries are encour-a to have g round level li or pedestrian scale li not exceedin 15 feet in hei G. Accessory Structures Walls and Fences: Walls and fences shall complement the architecture of the buildin and shall be of materials that architecturall enhance the buildin and the Center. Where fencin is needed, decorative metal fencin is preferred chain-link fencin ma be allowed if approved b the localities. Where retainin walls are re in the front yard or where the are visible from public areas, wall materials shall be stone or finished masonr Retainin walls hi than 8 feet are discoura Lon expanses of wall surfaces shall be offset and be ,appropriatel landscaped. As an alternative to traditional retainin walls, " walls" consistin of architectural concrete. block, over with a rapidl g rowin g g roundcover, ma be permitted in less visible areas. Terraced wall s are encoura supplemented with plantin on the flat terraces. 2. .0utbuildi I All accessor buildin shall be consistent with the architecture of the priinai buildin Accessor buildin shall be located behind the primar buildin or shall not be visible from public streets unless approved b the localities. 8 I DRAFT — 4/1/11 3. Trash Enclosures: Areas for trash collection shall be accessible for, service. All trash areas shall be full enclosed and screened from view b opa fencin and supplemental landscapin Enclosures must be architecturall consistent and compatible with the desi of the primar buildin H. Outside Sto No materials, supplies or e shall be stored on propert except inside a buildin or behind a visual barrier which screens the stored matter from view from streets and adjoinin sites. I. Landse Propert and buildin desi shall include appropriate trees, shrubs, open g rass areas, and flowers to enhance development and the Center. Properties shall be developed in accordance with the screenin and landscapin provisions of the Roanoke Count Zonin Ordinance, as amended. Trees are encoura alon street fronta in parkin areas and -adjacent to buildin to complement the buildin scale. Landscapin shall be used to define entrances to buildin and parkin areas., as well as screen accessor structures, loadin areas and outdoor e areas. Plantin islands should exhibit a well -maintained, finished appearance. J. S' No move than two primai si per business ma be erected on a propert One si ma be attached to the face of the primar buildin and one ma be erected as a g round monument si The si shall be desi to be inte and coordinated with the buildin to complement the buildin desi 'in scale, for and materials. The bell din si shall not exceed 150 s feet in size or ten percent of the front fa whichever is less. The g round monument sign shall not exceed 60 s feet in size and shall not exceed ten ( 10 ) feet in hei Ground monument signs ma have two faces. Ground monument si shall be setback a minimum of 25 feet from the front propert line. Si shall not include any motion devices or chan text. Roof si and portable si are not permitted. Directional si shall be located as necessar to direct visitors, customers and emplo to desi parkin or loadin areas. Directional si shall be 3 s feet or less in size. Temporar si for the purposes of construction activit or the sale of real estate shall be as permitted b the Roanoke Count Zonin Ordinance, as amended. No other temporar si are permitted, 9 DRAFT — 4/1/11 K. Teinporar Construction Structures and Uhliti e_ S Construction activities shall be in accordance with all applicable federal, state and local land dilsturbin re Site access shall be restricted to one "location on the public strect. Temporar conqtruction s true turt-,)si, port.blek offices and other related facilities shall be maintained in g ood condition and arran in a compact and or manner on the site. Facilities shall be situated so that the are unobtrusive and attractive when seen from the road or adjacent properties. All temporar structures and portable facilities shall be removed upon the completion of construction activit and before permanent occupanc of the buildin l temporar construction utilities shall be in a sin unobtrusive ali Distribution to the various areas of construction shall be from an approved, on-site location. Areas for the stora of construction e and materials Shall. be coordinated and be visuall unobtrusive from the public road and adjacent properties. Mobile e shall be ali g ned in an orderl manner at the end of each work da Construction debris shall not be allowed to accumulate durin construction. It shall be removed dail or located in a visuall screened place if debris 'is to be removed less fre Open burnin of debris is not plermitted. After construction *18 complete, an temponar barriers, Surplus materials, and all trash and debris shall be removed from the site. All backfill materials shall be cleared of an buildin materials, stone, or debris. go] PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE McDONALD FARM Whereas, the Town of Vinton, hereinafter referred to as the "TOWN ", is the owners of a certain tract of land known as the McDONALD FARM, which real estate is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, and which real estate is hereinafter referred to as the "PARK "; and Whereas, the TOWN intends to jointly develop with Roanoke County and sell and /or lease parcels of land in the PARK for office, commercial, residential and industrial use in conformance with the standards of the Planned Technology Development District zoning regulations; and Whereas, the TOWN desires to impose upon the PARK certain protective covenants, conditions, and restrictions for the purpose of ensuring the orderly development of the PARK, protecting the environment, and providing that the use of the PARK will not adversely affect the health and safety of residents and workers in the vicinity of the PARK, or the use, or development of property within and adjacent to the PARK; and Whereas, the TOWN may designate an agent, an administrative body or Authority to administer the protective covenants, conditions and restrictions for the PARK. Now, therefore, the TOWN hereby declares and provides that each and every parcel of real estate within the PARK shall be conveyed subject to the following covenants, conditions, and restrictions which shall be finding upon all purchases or lease of real estate within the PARK, the heirs thereof, successors, or assigns to ensure proper use and appropriate development of each building site and the grounds thereof, to protect the environment and aesthetics of the PARK, to guard against the erection thereof of structures built of improper or unsuitable materials; and in general, to provide for a high quality of development so that each building site will not adversely affect the health or safety of residents or workers in the area not be detrimental to the use or development of other properties in the PARK, and Further, that a copy of these Protective Covenants, Conditions, and Restrictions shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and shall be binding upon and running with the land, including each and every parcel, whether sold or leased in whole or in part and by reference made a part of each and every deed, option, lease or other grant of any interest in and to any parcel thereof as a part of the terms thereof. 1. Property Development: The TOWN intends to jointly develop the property with Roanoke County and others in a phased manner as a business park with mixed uses. (a) A Master Development Plan prepared for the TOWN, showing a general arrangement of sites, an access road and water and sewer lines, shall serve as a guide in the overall sale of sites and development of the PARK. The TOWN may alter the size and configuration of these sites provided the standards are maintained and depending upon the specific needs and requirements of businesses desiring to purchase and develop land within the PARK. Said plan shall be maintained on file in the offices of the Town Manager and Roanoke County Director of Economic Development. (b) The TOWN intends to develop the PARK in phases with the assistance of Roanoke County. Tracts of land within the PARK will be marketed and sold to businesses and developers for development in accordance with the Planned Technology Development District zoning. (c) Any residential, civic, office, commercial, industrial or miscellaneous use type listed in the Roanoke County Zoning Ordinance, that requires a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except the specific use types listed below: (i) Day care center: Parcels A, E, F, G, H and I (ii) Cultural Services: Parcels A, E, F, G, H and I (iii) Safety services: Parcels A, E, F, G, H and I (iv) Commercial indoor sports and recreation: Parcels A, E, F, G, H and I. 2. Permitted Uses: Unless otherwise prohibited herein, sites within the PARK shall be used for the following purposes only: 6 (a) Manufacturing, processing or assembly operations (b) Commercial or industrial flex space (office /warehouse combination) (c) Research or experimental laboratory (d) Commercial or office uses as well as business services incidental to any of the foregoing (e) Retirement housing (f) Life care facility (g) Educational facilities, college /university (h) Institutional and civic uses 3. Prohibited uses: No use of any site, lot or building shall be made which causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning ordinance of Roanoke County. In addition, the following uses are specifically prohibited within the boundaries of the PARK: (a) Acetylene gas manufacturer and wholesale distributor (b) Asphalt manufacturing or refining (c) Birch the or terra cotta manufacturer (d) Cement, lime, plaster manufacturer (e) Creosote manufacturing or treatment plants (f) Distillation of bones, coal, petroleum, refuse and tar (g) Explosives, ammunition, fireworks and gun powder manufacture 3 (h) Fat rendering, production of fats oils from animal or vegetable products by boiling or distillation. (i) Garbage, offal and animal reduction or processing (j) Linseed oil, shellac, turpentine, manufacture or refining (k) Automobile storage for wrecking, dismantling of junk cars for salvaged parts (1) Any use or trade, which, through properly and safely operated with ordinary care and according to good and reasonable practice, causes noxious or offensive odors, gas fumes, smoke, dust, vibration or noise substantially affecting other uses of property permitted in the PARK (m) Construction yards (n) Recycling centers and stations (o) Scrap and salvage services (p) Surplus sales (q) Truck stops (r) Automobile dealership, new and used, auto and truck sales and service establishments (s) Broadcasting tower (t) Other uses not listed or unknown but with similar impacts of those uses listed above. Where it is unclear whether or not a particular use of the PARK is permitted or prohibited hereunder, the TOWN shall decide whether or not such use is prohibited, and its decision shall be final and binding upon all persons. 4. Building Standards: All buildings, structures, and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the TOWN: 4 (a) Exterior walls of each building shall be finished with approved tilt -up concrete, concrete panel construction, brick, architectural block, or in the case of metal, an architectural rendering of an appropriately designed facade must be submitted to the TOWN for it approval. Those buildings having a residential appearance may use exterior wall materials customarily found in residential construction. On Parcels G and H, it is the preference of the Town for any building constructed facing the Parkway, windows should be minimized and it is preferred the use of non - reflective, no -glare material. Earth -tone colors of matte gray or flat brown are preferred. On Parcels "G" and "H" on the concept plan dated October 26, 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominately earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non- reflective, earth tone colors. Buildings constructed on Parcel "A" will be oriented inward on a central, landscaped paving area. No customer parking shall be permitted to the rear of the buildings. The Town and Roanoke County may amend this if a unique use is presented which would improve and enhance the Park's development. (b) The height of all buildings, including other structures, will be according to the site components as indentified in the Master Development Plan: (i) Parcel G: Shall not be more than twenty -five (25) feet. (ii) Parcel H: Shall not be more than thirty -five (35) feet. (iii) Parcels A, C, and I: Shall not be more than sixty (60) feet. (iv) Parcels E and F: Shall not be more than sixty (60) feet. (c) No temporary buildings, travel trailers, mobile homes or storage facilities shall be stored on a lot except as necessary during construction periods but then only for the periods during which actual construction is being pursued. 5 (d) Prefabricated tool or utility sheds shall be prohibited. (e) A colored architectural rendering of the proposed building shall be submitted to and approved by the TOWN. This shall include elevations and material samples so that the TOWN can determine compliance with these covenants. This approval shall be obtained from the TOWN prior to requesting a building permit from Roanoke County. (f) Planned expansion or renovation for all buildings or structures must meet or exceed the quality of the initial structure. Where expansion is planned to one side of an existing building, a wall of temporary material may be erected, provided such expansion is performed within the time period prescribed on the approved site plan. If said expansion is not accomplished within the approved time, a permanent wall of suitable materials shall be erected within ninety (90) days. The TOWN may grant a single one -year extension. (g) All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from any public street and shall be architecturally treated in a manner acceptable to the TOWN. Where residential type structures are constructed it may not be feasible to conceal chimneys and other apparatus and their use may be approved following review and approval from the Town. (h) Parking lots, loading /unloading areas and lot lighting shall meet the standards of the Roanoke County Zoning Ordinance, as amended. The maximum permitted mounting height for any lighting fixture shall be twenty -five (25) feet. (i) The TOWN shall not be responsible for maintenance of any site improvements. (j) Signs shall meet Section 30 -93 -13 (D) which is Commercial District C -1 of the Roanoke County Zoning Ordinance, as amended. Freestanding signs shall not be more than ten (10) feet in height. To create apark -like setting, monument type signs will be encouraged. 1,� (k) Electrical and telephone services — Reserved. 5. Outside Storage: No materials, supplies, equipment, trash, or refuse shall be stored on property except inside a building or behind a visual barrier approved by TOWN which screens the stored matter from view from streets and adjoining sites; which barrier shall not be less than eight (8) feet in height or two (2) feet above the stored matter, whichever is higher, unless written approval from the TOWN allows an exception. The request for this exception must come in writing and must be accompanied by engineering plans for review. Except with the prior written approval of the TOWN, storage areas shall not be located between a building and a street. Plans for such storage areas must be submitted to the TOWN for approval prior to installation. 6. Construction Date: If, after one (1) year from the date of purchase of the property from the TOWN, the then record property owner has not begun in good faith the actual construction of a proposed building, the TOWN shall have the right and option to reacquire the property by refunding the said record property owner the amount of the original purchase price per acre paid to the TOWN for the property, less and except real estate commissions and other related expenses paid by the TOWN; whereupon the said record property owner shall forthwith convey the property back to the TOWN. At any time after the aforementioned one -year period, the TOWN shall have the right to exercise its option to re- acquire the property. Settlement shall take place within sixty (60) days after the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner. In the event that the record property owner for any reason fails or refuses to convey title back to the TOWN as required herein, then, in the event, the TOWN shall have the right to enter upon and take possession of said property, together with necessary rights and causes of action necessary to have title to the property conveyed back to the TOWN or its assigns. The TOWN may grant written exceptions to this section if it determines that it is in the best interest of the PARK development to extend the construction period. 7. Resale of Property: In the event that any owner of unimproved property or any portion thereof shall desire to sell all or a portion thereof, the TOWN must approve any subdivision or sale and shall have the first right and option to purchase said property at the same purchase price per acre paid to the TOWN by the original purchaser. Prior to such sale, the property owner shall notify the TOWN by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The TOWN shall have sixty (60) days from receipt of said notice in which to exercise the option, and settlement shall take place within (60) days after the date the TOWN exercises its option. The option shall be exercised by mailing written notice thereof to the record property owner at any time within the option period. 8. Subdivisions: No owner of any property in the PARK shall subdivide a site without the prior written consent of the TOWN. No owner of any property may lease an undeveloped site or any portion thereof without the prior written consent of the TOWN. The subdivision of any tract will have to comply with the provisions of the Roanoke County Subdivision Ordinance, as amended. 9. Site Maintenance: Each property owner shall be responsible for maintaining its property in a manner that enhances the appearance of the PARK. The premises shall be kept free of debris and trash of any sort, and lawns and landscaping shall be kept in a state of good repair. Maintenance of landscaping and lawns shall include all necessary planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, weeding and required replacements. 10. Dammed or Destroyed Buildings: If any building or other improvement in the PARK be damaged or destroyed by fire, storm, explosives, or otherwise, then, in that event, all debris resulting from such damage or destruction shall be cleaned and removed from said property within thirty (30) days of the said damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the date of such damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. 11. Streets: All streets and roadways constructed by the TOWN within the PARK are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the PARK for the reasonable use and enjoyment of their properties, including the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts may construct interior private roadways that connect to public streets upon approval of a site plan by Roanoke County. However, the TOWN reserves aright -of —way of ingress and egress across these streets to its other property, or to any other streets within the PARK that the TOWN develops in the future. 12. Stormwater Management: _ The TOWN has identified the location of stormwater management facilities within the PARK. It is the responsibility of the owners of properties upon which these are served, to construct these facilities. The s Property Owners Association set forth in Section 15 within will handle maintenance of the regional stormwater management areas. 13. Fuel Storage Tanks: Unless prohibited by law, every tank for the storage of fuel installed outside any building shall be located above the surface of the ground. 14. Trails: The Town intends to jointly develop the trails with Roanoke County and others. (a) All trails shown on the Master Development Plan are reserved for public use and will be constructed at a future time as public and private funds are made available. (b) Trail easements shall be dedicated at time of subdivision and platting. (c) Construction of the trail system shall be phased to coincide with the construction of the various uses in the PARK. The intent is to develop the system in conjunction with the development of the PARK. (d) The TOWN may convey ownership and maintenance responsibility of these trails to a public or private entity in the future. 15 Property Owners Association: After the construction of public improvements at the PARK, the TOWN intends to establish a Property Owners Association to fund and manage the maintenance of stormwater management facilities, landscaping, signs and other improvements. 16. Amendments: Except as provided herein, each of the covenant, conditions and restrictions set forth herein may as to all persons and property be waived, released, rescinded, modified, altered or amended by the TOWN. The TOWN expressly reserves the right, after consultation with Roanoke County to amend these restrictions by document recorded in the Clerk's Office of the Circuit Court of Roanoke County. 17. Liability of TOWN: Each owner, lessee and occupant of property in the PARK shall, and does, hereby indemnify and hold harmless the TOWN, its agents, officers, employees, and representatives from and against any and all claims for injury or death to persons, or damage to or loss to property arising out of the construction, use, operation and/or maintenance of improvements within the �� PARK, the use and /or possession of any property, and the conduct of business or any other activities within the PARK. 18. Duration: The covenants, conditions and restrictions set forth herein, along with amendments, shall be in full force and effect immediately upon adoption by resolution of the TOWN and shall be binding on all property within the PARK and the owners thereof, their heirs, successors and assigns for a period of twenty (20) years from the date of adoption, after which period said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of two - thirds of the number of sites within the PARK and has been recorded terminating the covenants, conditions and restrictions set forth herein. 19. 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Martin law fir ct THIS DEED, made and eotered into this 19th da of 'December 1986 b and between DON&LD Da McDONALD and SARM 14 rKALL Executor ana Executrix of the Estate of Carrie B. McDonald deceasedp parties of the first part, and the TOWN OF VINTONr a municipal Corporation, part of the second part. wUhVAS, Carrie B. McDonald, who departed this life on tb e 6th da of Au 1993,r was the fee simple owner of the hereinafter described propert and 31 WHEREAS,r b said will of Carrie B. McDonald it was P rovided t�hat the Executors -Trustees aho-old have full power to make an sale of the farm propert which saAW Frank 1.;, 14cDonald d eemad jr 4i 4,1 -advisabie, and CS WHERRAS,, Prank 8. KcDonald did consent to the sale of said farm propert an instrument si and acYcnowled a cop of which is attached as an addendum to this deed, and WHEREASo Donald D. Mcbonald and Sarah M. Wall, Executor and Executrix of the Estate of Carrie S* McDonald, did g rant unto the vp Town of Vinton, Vir option to purchase said px�opert and Is WHEREAS the Town of Vinton did exerca"-se said option and re a conve Qf said propert in accordance with saMrM A .(FjXEMPT 'PROM VIRGINIA RECORDATION TAX BY VIRGINIP. CODE .;-" . NOW THEREFORE, IN CONSIDBI�ATION of FIVE 14UNDRED FORTY SEVEN I THOUSAND F01JR HUNDRIED FIFTEEN AND N01100 DOLLARS ($547,p415.000) Cash in hand paid,, the receipt of which in hereb acktowled p. tho PnrtiP_q of tha fl..r;;t part do hereb g roant and conve with Covenants of Special Warrant of Title unto the part of the e%t ONK Ila jo A. 1' IHM - GU 11 KKCL, l 7 ice+ 19 • +! •„` ,, 1i�,A ' ,.}A.•bl • w ► �• }''ti • "i!. i r : • .. •, ''� :,� +: • �. � • - . a ' -w�' 4 • 1 • . ,�U ( b 1 4Z> ,!. • ' ■ ti.Y��'r.�� • ,�:� r• `�1• ■� � • ; - .'1�+ ��� I'd . ! S�'•s *� -r. �:' SIy a. � }' w .:' , � • �' ..'� �.i • , E,��.`�� %, _ r r �. } • 1 , 1 ti ,, k , , .mow 1 ' r . ' � • r „ • • • s . . ••�,• .1 • ,•,`. ,,. ,'' y' _ . • ' . ' ► • l ., s , i + M � �tiA fir{' ••R '• ' � � ' . . . _ . , '• . �x� l�,� ..•!��•..�� �y1� �� Y� � �• •s•• t'��' ►Y.T�'�,��wY' I��s�ti"• ii I'..t_S `,!% 4: (� r=� •'� • , 1'i��.Ir,V•�a • ' a •' �y.:; a r : a ' s r l� • •� � t i �'t r •• , �• ' : �' • i * ��i Y .. , hr�e`� 7 WN O S+ r f y�i r�lwt Afrw • : i, I �;�. �� �_'►� � + l •• � w , h; .:.•: }•.• �.: ����' r r r�LNAiaL�rr• �.�.�: f W i V� � !'T .ice :.A• �"t?�r� • `, �•.�. • '• i "" '•' ly , f' I r }I • '� ray- ..������ #' f ` :�' ••,� r, � ; _. , •+ j It • , alR E �• _ •, E ' 'r i' ir ►' •• f •• 1 r � E s _ , r I ', , IF AID. r. ` .•fir ` , r , . ;� .' r ..r ■ t . •1 " , • ss , WAM. i OpmPPt i.E�# � C•�T�� ■■ P.G. + E. : +1'i I s . •+ . t + r - t „ : i X 14 , *�. ,. � , • . K 1.25 1 P 00235 I. - k7 second part, all of the following tract or parcel of land � �,� � �._��,• ' ]Tying and being in the Vinton Magisterial Distiict. C of • - Roanoke,, State of Virginia, and more particularly t1escribed as � =+ {{ *ir r . en•.. 11 ' •L* ' 1I " . t• follows to -wit BEGINNING at a point on the s outh si d e of Hardy Ro at ;� �'�"' , ►:; { }:..,! �. the southeast corner where the property of the First • Church of God Trustees intersects¢ thence with Hard Road. the • following courses and distance � S 9 9 40" rR: 272.05 feet to a point; S. 53 39' 15" E. 115. 05 : feet to a point; thence S 57 20 35" E 116.93 feet to a point; thence S. 50 44' 54 E 1r1.2.09 reef to al , •r' � 'r".•'.rf r '_ ' ° :: point t thence ' S 63 40' 20" E 102 feet to a, p oin t; thence S 66 47 55" E 142 .49 feet to a p oint t1:cnc.e S - .tA ■ ��,s:.i . DIN . .„ f • • 68 4 00 55" E 242 feet to a point maned by a set•'= :- -'.r ; 4 l.ron re b ar thence S 69 10 37 05 11 w 19.77 feet t the T ti q n• S i northwest corner of Lot 1 of the Frank E. McDonald Map thence leaving Hardy Road and with the west line of L ot � '� F: , - ` ' i`. } • ;. R 1 Frank E. McDona Ma S 23 46' 05 W 272 feet P;. ��,:� to a p oint at the southwest corner of Lot No. 1; thence with the rear Line of Lot 1, Fr ank E. McDonald Map N 89' 7' 05" E 174.18 feet to a point at the division �•� `d« ,•a 1 t•t ti = C.3 •�.•r' r• 1' line between Lots 1 and 2 Frank E. McDona Ma ; a,' thence w ith the rear lime of Lot 2 S 74 22 5 5" E 120 94 feet to a point at the aivision line' bctweer ' �, H• Y • Lets 2 an 3 Frank E. McDonald Map ,& thence •with the •, rear line of the Frank E. McDonald Ma S 59 00' 55 E ��� . �� P 1 720 feet to a. point on the east line of the drank E. McDona Map; thence with the cast line of the Frank E. £�� ;'�= ���r�'+•4 ,�.;: McDonald Map N 21 59' 05" E 200 feed: to the so uth side v �� • of Hardy Road, thence with Hardy Road the followir�•g �!� ��� r:� . ''�• C�11L'°'' land t� stare s * C ( n r d l �:'�:o = ce . 5 68 0 55 C _. � � • point t hence S a 55' 20 IL5 2nS7 feet to a po hence S 76 19 35" E 118. feet to a p oint ; thence S 791 11' 10" E 117.78 feet to a point,* t h ence S 93 01 ' � �' � �r�R` •• _ 30" E 11 5 feet t off. n t s s ide f Hard � ;•` . � . 5 et o a point v he a h � c � s ,ice �,1��',�'1 • • + Road; thence leaving Hardy Road S 091 43 0 40" west ` i%¢4 � ` `=�`' •�' 242. feet to a fence post. thence S 85 50 05" was �. � } ■A�r +} • 33• feet to a point. thence S 08 46 30" west 255.41 feet to a p oint; thence N $9 27 20 E' 261, t to at point marked by a set iron rebar: thence S 23 .18" ,.j 10" E 219.00 feet to a point at a set lron rebar with an existing fQund iron 17v11 1 y l v O0' right; thence 5 � 1:��•��„�::.�•�: ;?�� 50 11 30" W 616* 63 3 feet to a p oint at which is ti' +�r • .r� t v. ,y located a concrete parkway monument; thence S 81' 22' 5 ' ril i i E + Iq Y 05 W 1340. feet to a point at which is located a w � `+• , concrete a.rkw m on u m ent; hence S p a� um ; t 78 38' 40" w - , ' r, ` 116 0.32 feet to a point at which is l a concrete ' ► parkway monument; thence with the easterly line of dots �' " 4 �'� F �it Via: ,• ;' 4 a' d 3. Section' 7. of Montgomery Vill . N 36 ° 51 � owl 2 •ter+ .•�, •,�►". ..,...r- �r- �- . - -v•� r, r r - - •• -r: -E- r�- i:�� ^ -� -�. t -• i .•�• - ' -. ��,�� - - i , . r: 3 1 ls,;, a •s 1 ' d r. a ,I a!• ' ► 3 'i *-,._= ae •,• ►} ` a ' ,,a,A 11 i•�j. �I�`T■+ � ■ � '�.. � •�.� • r'w ,� � �,.••... 1rlti� � ?•f7 ! - y.• �[� Af � � � Alf f 1�' �. .� � •`I' T : [ - }. . r ,,.,• rti 1 9 'ii „ + , �•1 ■ r . �. �•, , I i t, i 1 �, �■: fl' r' tl�' "��,f • };' ■�+ r 'A } t�fa+l 1 , y • �,�=ii•N �•'e. +• 1 K:�* � r ' �'•� � ,�, .�• „ .f { A.' A , ..%1 ,a.,'•'r' �' �.'��• A n y Y ��. s':' 1 • r h ,• h ■ !IC' - i %r`.; I r` lk j •� � 1' ..II . r+ 1 •• .( 1. '�`' , :r s � .f►!.r• ��• , �• �•� 1 ,��I �+ y �� • '%r• FL - ,�L"'''T :• iE �Er..�' � i : ,' �� • f � 1�' k'�.ti�l J• - .�r �� , � "�s �`��� Y +�-+ ; !7� �,`,� 1 } �d��' fly k .t r' {r� rF I'' •y�• • y�' i'*' 'r A��1 �7��' �`■ • ' " +• �r*''t•• �• t �- 'r L: "'�� }�� r,] =,. { '•� � + ^i� r�f'� �.m: �' ,}�, i. , + I t`► • ' f [ i 1. 1 p f., srtt/v.. J��' E �'�. �■ � � O P �•� � �� r + ,.r s• ' 6. .17":wr dr• .. ,_ ..,.� � ■' � ..�.- �r "rte ; 1� .. R�; 'I' Z ■ j} r•.,, ;,v •1 ,. �••� �31�'r w t s r i, �' L•■E �� F,f` `a "�1�.s11� '"g'1 w�J.a",�!•. A:g drii�,� SLR 1 M r' L ww/ti'� + � - y 4 }�+ - C �`. �' 1 ±: ,, ,�,,�'%>•� • �' i F tr •: R• +►.�: +� •� +�f.ara..► ]��� 1 , - i~s. ' tP 2 4E IF r l } r �'•zti'.• f+ f �' fr Il ''.. - r,✓ Sy f S'r3,+,iE�r k'►° r �»tfr►�i' s. `�y r , � 1 }x.4 .'ti"fiil y� ,9• T' rF� }rtt 41,�j�r,�- �•a�>.'7,1��'�rr� 1� *i��� ���: � e •- ,d• ��'! ` � '•' �'�� i ' t � F� !"TJ � ; � : � t ti i��•�.r; . + qP o " i T v�7. ' � : ;1 1 r+�,j �z1Y� � �' ,�} jr 1r'Y�F'` Rw.��...w =+ L )� Fr' •�'"" r7'e1 l*'�.►� i �iyT7 • t �'� w ' � 'S{ fE• '• ' ! la 11 1 4••.0 r__ W •1. A. J6 rir L ooF 1L+V v t� dpr rfir r' %• ['1•••1 a • [ [ V i I ��.••s..7VI [ r..rLlsl til4 r T# t{a •* it•� rt`1'�.•s.., i . ,.' ,.' • , r+ 1 �.•. , • Iw ,. } r ' .•• ' _ W 'Tr. v W 1 v .L ^r W 1 ■ v•..r vv q Y .�� ; i ,', ti ♦;1 ...ter .1 .. - r �, •. Imo, ■ ' ' 1 '' s.l �' : ' �., r • � O =f t * i r•• r. �'� 1j.F',l"a � A�ay�• , wl }" y. riJ4+!'d'll`�- 'w:'. �[L �i:.::a ;'.a,�a.'A�r,tiMa� S;•e.' . .�ys�;�s• .. � I; ! � r 11 •r'• �I-I ;`.:.. 1.. K 1 25 1 P 0 00236 •t% k,•'rti� r �`� '° • :` `,' 45" W,1 X137.72 f to a point whexe an won eras found; 'yeti' } P� iL.;. 4 .t. • . a �. • t. " tb ence N 00 48 20 E 1333.45 feet t a point w an r r � � r. ■ • , .. w iron rebar was found l thence M 19' 5 2 1 '4 D'' E` 488 • E �.! •.:�' ' 1 • feet to • a point were an iron was found thence N 2 +r'■ A F, �• -.4 �: 4 s �' •�""�`'��, ': ••. • 30' 15" E 626 feet to a point on th south side of ��•I�y .r • t'�, • y.' •'.. ■.'�'' ' '. •�,. Hardy lRo$ the point of 8 - 9GINNING, contai 99.53 a cres a property ,, w•�,��i n � • ,, s how by �ur�'ey showing � of Esta■t � of •'• •.. : ;' ' . ' Carrie Be McDona to be conveyed to the Tower of Vinton ">r�• � ��•��' >�: E � ; ;- !i . '.• , made by Philip W. Neste`„ C.L.S. , 5eptemher 11, 19 8 6 F a ,;. 1 • '„ i • ' :• .•lt... .,. •,. aw ■ r f whi i attached h ere t o an a p a Z' VV+ �►_�- ;'� „� ,; ,� •� s:{ 1 1. . , . ..r • hereo - and ' ���'� i.; , .• / •` � .. , + • r • • r r ■ ,a , I '1 % 1 ' • :.. • BEING a' part. of the sam property conveyed to Car�C�.e Be , �I� ;i'.•� .,. r; ' • McDonald b deed from Sarah A. Bush, a /k /a Sallie A u ` ',� ";; , ••[ ' sh , wi W � b da Fe r f n •r � de da bxua y� o, �. 9 3, �' d i recorded in need Book 236 , page 191, Clerk' s 09tice of #•`�_ •�;���;: _� ' : = • the Circuit Court' of Roanoke County, Virginia, �' � ���-� �• ''.• ` • *This deem is made - subj bet to cill easements r restrictions and f �• r �' : . •� conditions o f reco affecting the here ina de cribed pr op �.r V Ira tt it+' �r s.r r � 1,1 WIt'NESS the following signatures and seals. , .ti • Execut or t e Etta 0 �°`` '����w u�i.1 '"r- %JL-j ■. • `. -t, t ,'' '' Carr ' e B. McDonald eceascd n � ~=1 ��'�'��. 1 (SEAL) • E }.IY. IF�� 4. r ti� r'. Exectr r. o` a Estate o .�,•:. -.:' . •i•'~ ..tom! , a, . " ' C arrie B. Mc dQriald ■ d eceased � _��, °•, , • 1 r ` „,'•:. a STATE OF VIRGINIA AT LARGE � VA ���:Ir •r ' • . s CITY OF Ra,1 NOKE, TO-WIT: jr. ip���;� �' �.,• .f _ • ''. ' . The fo reg oing ns a wa ac know le dged be th -: �r d�,� trim n,. s ac wee qed for me ' � •` , � r , . ti' , `�f � ark 1�J �•�`�,. 1' 3' •, a ■' ■ � .,`e;■ rh���� rte' r • '•�`� day of D ecember, 1986 b D onald D. McDo nald and Sarah A. .. - Wall Executor an d E xecutrix of the Est of C B McDonal decea5ed,, _ + .. •, � ■'` • lljr YY ��,: s _K �r r'�al a 1 �.. r •a ; , ; ■ My cormnission expires. w,aG� 'CI O � ��� ��: : ;• !: � r'N .�• ;s �i .. r!y q r t'• •. r ti• L r , la • Y �l� 1 • • • T ; t• yi �'� I; • • ' . ,4 0ta�,IS + a r � ■■ � ,�� � • 1 •.. 4 ' l 1 aar�.l 1 " r • S' . t rr ` , it ' f � e + r ir,,[; f.' ,! ■J �� r ,l , '\ • • • t o '• • s . 3 ',Yi{ ! j •" ` ,s '�' '• r ,. ; !' ��^ ''Vfk °R Y •I ' .,., ' 1 �'!'. , ""4.ii s :E. . 7• `r • �., t. ■a 1 a, • r, ,,,•�' �,, , ♦ f E. r r} ■a 1-i■,. �•'..•J'r ' E•- i• ' 1+,., } _,1 t 1 ' r r rti iii4• L; y.... tt it Y ,..� " 1,. fit' �[ ■" }�» �iytr; l - R : E ��_'.a• wr til �"' /3V- �� n=�i 3 . etl { a■ • r {' a ■ �1 ' ■a.�"r't.tfl u /R 1'�' t!' Y `' 1 iE. • 1' w ► r., r 1 1 �t� �� t �.�lf l'"" ,''�� ; 1 . a, ' r -` •! 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E � { a �. ti' r. .�•■ 3 r'r�€ •'.L •�:,.r J�r` � 1• ■ ► +s. y L ,S.■ *'��• # ya ,1k1 � � '� ��• '�.:��` ' i: �� • ..f �i �s. �.,1a �+E ., 'P 1J S '�wF�;� ?' u S,:' t■ r � b �t� ~,lrr !1 � 1 '4 E r i h '[iea, a .r '4 w Pt�l�yrr��{J'�ry,• �}'. -ry ��i�K� �• :,�, T O T AL 1 wO3'• L %Eb ' 16 k.. ; EL16 1. i r I 311 M dA L%. I ti C. ■ 7L r r I A r k� • 66 N 06 r . .9&116 f Ir l -6r 9rri rr. 'Ir 1 1 06 IN I Lr I in ti � ti C L I A .1 1 . 1 51 1 r L 11% r 4L 9 W 06 k; rj LLLI. % I r I IL A r 9L' r ;r di 3 -EI -4 N r r I I No F Ir r '11 1 P % -j %d , 1 •1 1' r .1 1 � 1 1 4 1 IV A p- rr 1 -T! AN L . 1• 1 k9 A LN4 - 4AO 31: : 1 )6 I A - IN L F L i I I E r r 6 A I I 1 1 Ll L. r Lis, k .� � J �� .ti 1 �: f9 I 17 1 I' �r [A jr L ki Jj. i. 1 r 1— -4, -r-.! 9: 61 1 A 11:6- Applicants Name: Roanoke County Existin Zonin Department of Proposed Zonin Tax Map Number. Communit Development Ma Distric Vinton Buisness Center PTD PTD 071.0 7- 03 -01, 02, 03 04 & 071.11 -01- 01.00, 0 1, 02 t.- Vinton Area: 97.17 Acres 8 April, 201 Scale: 1 500' SEC. 30 -63. - PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30 -63 -1. - Purpose. (A) The planned technology development (PTD) district is established primarily for Type I and Type II manufacturing and industrial uses. Supporting accessory uses and facilities, such as office, commercial establishments, and residential areas are also permitted. The PTD district is intended to be designed with a park -like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. In addition, the intent of the planned technology development (PTD) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like technologies in what is generally known as a mixed use park, developed under a complete, comprehensive master plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park -like atmosphere. Important in determining the location and size of a PTD are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98) Sec. 30 -63 -2. - Permitted uses. (A) All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in article II of this ordinance are permitted in the PTD district. Residential use types shall be limited to no more than fifteen (15) percent of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the final master plan. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98) Sec. 30 -63 -3. - Site Development Regulations. (A) Each planned technological development shall be subject to the following site development standards: 1. 2. 3. 4. 5. Minimum district size: 15 acres of contiguous land. Minimum front setbacks: All structures proposed to front on existing public streets external to the PTD shall be located a minimum of 30 feet from the existing public right -of -way. The zoning administrator shall determine buffer yard requirements based on the existing or proposed use in the PTD and the district in which those uses are permitted. Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process and shall not exceed seventy -five (75) percent. 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. Private street standards, specifications and a proposed maintenance agreement shall be submitted with the preliminary master plan. 6. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. 8. Maximum height of structures: When adjoining property zoned residential, forty -five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a residential district is increased two (2) feet for each foot in height over forty -five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty -five (45) feet. In all other locations the height is unlimited. Arrangement of areas: a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments within the PTD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity. 9. 10. 11. 12. b. All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PTD application. Reserve areas included in the PTD shall be landscaped or otherwise maintained in a neat and orderly manner. Accessory structures shall not exceed forty percent of the gross floor area of the principal structure. Every structure in the PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right -of -way. Lighting: Lighting shall comply with section 30 -94 of this ordinance. Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. (Ord. No. 92794 -17, § 1 9- 27 -94; Ord. No. 042898 -15, §§ 1 2, 4- 22 -98) Sec. 30 -63 -4. - Site Development Recommendations. (A) The planned technology development district should be designed and developed as a manufacturing, industrial and technology park with high standards for landscaping, buffering and open space. To ensure a park -like atmosphere the following site development recommendations are made. (1) (2) The principal entrance into the PTD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one hundred (100) linear feet of street, leading through this principal entrance into the PTD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district. Parking within the PTD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. (3) Loading areas should be screened from public view and should not be placed in front yards. (4) Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98) Sec. 30 -63 -5. - Relationship to Existing Development Regulations. (A) All zoning regulations shall apply to the development of the PTD district, unless modified by the board of supervisors in the approval of the final master plan. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2 4- 22 -98) Sec. 30 -63 -6. - Application process. (A) (B) (C) U (E) (F) (G) The timeframes outlined in the section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. Any application to rezone land to the PTD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30 -14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2 -2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing. The commission shall make a report of its findings to the board of supervisors within ninety (90) days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have sixty (60) days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review. The board of supervisors shall review the preliminary master plan, and after holding a public hearing act to approve or deny the plan within ninety (90) days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30 -15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PTD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PTD district. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042799 -11, § 1a., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -63 -7. - Revisions to final master plan. (A) (B) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of section 30 -63 -6. Major revisions include, but are not limited to changes such as: 1. 2. 3. 4. Any significant increase in the density of the development; Substantial change in circulation or access; Substantial change in grading or utility provisions; Substantial changes in the mixture of land uses; 5. Substantial change in architectural or site design features of the development; 6. Any other change that the administrator finds is a major divergence from the approved final master plan. 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. 2. If the administrator fails to act on a request for a minor amendment to the master plan within fifteen (15) calendar days, it shall be considered approved. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98) Sec. 30 -63 -8. - Approval of preliminary and final site development plans. (A) (B) (C) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled land development procedures, available in the department of community development. It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator. Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within sixty (60) days of its submittal. (D) No planned technology development shall be approved and no work shall be authorized on construction until all property included in the final master plan is in common ownership. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98; Ord. No. 042799 -11, § 1d., 4- 27 -99) Sec. 30 -63 -9. - Failure to begin development. (A) Unless an extension is granted by the administrator, failure of the applicant to submit a preliminary site development plan for at least one (1) portion of the planned residential development within thirty -six (36) months of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the PTD to the district designations in effect prior to the approval of the final master plan. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1, 2, 4- 22 -98) Sec. 30- 63 -10. - Control following approval of final development plans. (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule. (Ord. No. 92794 -17, § 1, 9- 27 -94; Ord. No. 042898 -15, §§ 1 2, 4- 22 -98) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2011 ORDINANCE REPEALING THE PROFFERED CONDiTiONS ON A 97.17 ACRE TRACT OF REAL ESTATE (MCDONALD FARM NOW VINTON BUSINESS PARK) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NOS. 71.07 -3 -1 71.07 -3 -4 71.11 -1 -1 71.11- 1 -1.1, 71.11- 1 -1.2, 71.07 -3 -3 71.07 -3 -2) AND ADOPTING AN AMENDED MASTER PLAN, VINTON MAGISTERIAL DISTRICT WHEREAS, on October 28, 1999, the Board of Supervisors adopted an ordinance changing the zoning classification of a 99.78 acre tract of real estate known as the McDonald Farm upon the application of the Town of Vinton and this action accepted a series of proffered condition including "Protective Covenants, Conditions and Restrictions for the McDonald Farm "; and WHEREAS, on October 28, 2003, the Board adopted Ordinance 1 02803 -14 which amended these proffered conditions; and WHEREAS, the Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, the - first reading of this ordinance was held on May 24, 2011, and the second reading and public hearing was held on June 28, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proffered conditions on that certain tract of real estate containing 97.17 acres located at the 2100 block of Hardy Road (Tax Map Nos. 71.07 -3 -1, 71.07- 3-4, 71.11 -1 -1 71.11- 1 -1.1, 71.11- 1 -1.2, 71.07 -3 -3 71.07 -3 -2), Vinton Magisterial District and which were accepted by ordinances adopted on October 28, 1999 and October 28, 2003, and including the "Protective Covenants, Conditions and Restrictions for the McDonald Farm" are hereby repealed. 2. That this action is taken upon - the application of the Board of Supervisors of Roanoke County, the Town of Vinton, and Cardinal IG Company. Page 1 of 2 I That said real estate is a 97.17 acre tract previously known as the McDonald Farm and now known as the Vinton Business Park and further described as Tax Map Nos. 71.07 -3 -1, 71.07 -3 -4 71.11 -1 -1 71.11- 1 -1.1, 71.11- 1 -1.2, 71.07 -3 -3, 71.07 -3 -2. 4. That this ordinance shall be in full force and effect thirty days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The zoning administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by - this ordinance. Page 2 of 2 S -4 PETITIONER: Carol Lachowicz of L &H Company and Jason Lachowicz CASE NUMBER: 11-6/2011 Board of Supervisors Consent 1St Reading Date: May 24, 2011 Planning Commission Hearing Date: June 7, 2011 Board of Supervisors Hearing & 2 nd Reading Date: June 28, 2411 A. REQUEST To rezone approximately 5.478 acres from AC -3, AgricLIItural /Rural Preserve, District, C -2C, General Commercial, District with conditions, and C -1 C, Office, District with conditions to AV, Ag ricu ltu ralNi l lage Center, District and AO -3, Agricultural /Rural preserve, District, located at 8348 Bent Mountain Road, 8384 Bent Mountain Road, and 8399 Strawberry Lane, Windsor Hills Magisterial District. B. CITIZEN COMMENTS Two citizens spoke about - the appropriateness and the extent of the proposed AV, Agricultural/Village Center District zoning designation, as well as potential increases in traffic depending upon what uses may locate in the two proposed AV structures. C. SUMMARY OF COMMISSION DISCUSSION Megan Cronise presented the staff report. Ms. Lachowicz spoke briefly about not planning to make any changes to the property, other than securing a tenant for the barn -like structure. The Planning Commission discussed the "housekeeping" nature of the changes proposed. D. PROFFERS No proffers were submitted with the application. E. COMMISSION ACTION Ms. Hooker made a motion to recommend approval of the rezoning application. The motion carried 4 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X staff Report X other Philip Thompson, secretary Roanoke County Planning Commission STAFF REPORT Petitioner /Owner: Carol Lachowicz of L &H Company and Jason Lachowicz Rezone portions of two parcels from AG -3, Agricultural /Rural Preserve District, C -2C, Request: General Commercial District with Conditions, and C -1 C, Office District with Conditions, to AV, Agricultural/Village Center District, and AG -3, Agricultural /Rural Preserve District. Location: 8346 and 8364 Bent Mountain Road and 8399 Strawberry Lane Magisterial District: Windsor Hills Proffers: No proffers have been submitted. EXECUTIVE SUMMARY: Carol Lachowicz, on behalf of L &H Company, and Jason Lachowicz are petitioning to change the zoning on portions of two parcels totaling 5.476 acres located at 8346 and 8364 Bent Mountain Road and 8399 Strawberry Lane. The proposed rezoning would change AG -3, Agricultural /Rural Preserve, C -2C, General Commercial with Conditions, and C -1 C, Office with Conditions to AV, Agricultural /Village Center and AG -3, Agricultural /Rural Preserve. The rezoning request involves three existing structures: 1. 8346 Bent Mountain Road is a brick structure owned by L &H Company, zoned C -2C, General Commercial with Conditions, that was previously used as a beauty salon. The structure is currently being used as a residence, which is a nonconforming use in the C -2 Zoning District. The proposed zoning for this structure is AV which would permit residential uses. 2. 8364 Bent Mountain Road is a large, barn -like structure constructed of wood and metal, owned by L &H Company and zoned AG -3, that has been used as a storage area for contractor's equipment and as a church. The structure is not currently being used. The proposed zoning for this structure is AV which would allow for the structure to be leased for several low- intensity business uses appropriate for the area. 3. 8399 Strawberry Lane is a brick ranch owned by Jason and Karen Lachowicz, zoned C-1 C, that was previously used as an office. The structure is currently being used as a residence, which is a nonconforming use in the C -1 Zoning District. The proposed zoning for this structure is AG -3 which would permit residential uses. The land subject to the rezoning request is designated Rural Preserve on the Roanoke County Future Land Use Map. The Rural Preserve designation applies to mostly undeveloped, outlying lands that are rural, generally stable and require a high degree of protection to preserve agricultural, forestal, recreational and remote rural residential areas. APPLICABLE REGULATIONS According to the Roanoke County Zoning Ordinance, the AG -3, Agricultural /Rural Preserve District consists of land primarily used as farmland, woodlands, and widely scattered residential development with steep slopes and groundwater recharge areas. The purpose of the district is to maintain these areas in their rural state and attempt to protect sensitive and unique land resources from degradation per the Rural Preserve Future Land Use designation. The AV, Agricultural /Village Center District includes areas that serve as the focal point for cultural and commercial activity of the rural service areas of the county in accordance with the Village Center Future Land Use designation. Roanoke County approval is required for site development and building plans. No changes to any buildings or to the site are currently proposed. Virginia Department of Transportation (VDOT) approval is required for changes in site design or new structures. ANALYSIS OF EXISTING CONDITIONS Background Two parcels and three structures are involved in this rezoning application; however, five structures are located on the subject parcels. Prior to 2004, parcel 094.00 -01 -57 contained the barn -like structure constructed of wood and metal (8364 Bent Mountain Road). A subdivision action in 2004 switched that barn to parcel 094.00- 01 -58, which contained four buildings with addresses of 8346 Bent Mountain Road, 8338, 8356 and 8399 Strawberry Lane, and switched 8399 Strawberry Lane to parcel 094.00- 01 -57. Parcel 57 currently measures 4.81 acres and Parcel 58 measures 65.13 acres. 8399 Strawberry Lane (Brick Ranch, C- I C to A G -3, Parcel 57) Jason and Karen Lachowicz purchased the new parcel 57, measuring 4.81 acres, which contains only the brick ranch constructed in 1965. One acre of their property, including the brick ranch, was rezoned from A -1 to B -1 C in 1983 for an office use. The Comprehensive Rezoning in 1992 changed the zoning to C -1 C, which it remains today. The structure is currently used as a single - family residence which is a nonconforming use in the C -1 Office District. The applicants request a rezoning to AG -3, Agricultural /Rural Preserve District, consistent with the remainder of the parcel and zoning of adjacent property. 8364 Bent Mountain Road (Barn -like wood and metal structure, A G -3 to A V, Parcel 58) The barn -like structure constructed of wood and metal was rezoned from A -1 to M -2C in 1982 for use as a storage area for contractors' equipment. In 1992 the building was rezoned from M -2C back to A -1 for use as a church for Back Creek Baptist Fellowship. Shortly thereafter, the Comprehensive Rezoning changed the zoning to AG -3, Agricultural /Rural Preserve District, which it remains today. The building is currently vacant, although the petitioner would like to rezone it to AV, Agricultural/Village Center District in order to expand leasing options for the structure. 8346 Bent Mountain Road (Brick structure, C -2C to A V, Parcel 58) This brick structure may have been constructed in 1940 as a residence. In 1983 the structure and one -half acre was rezoned from A -1 to B -2C for use as a beauty salon. The Comprehensive Rezoning in 1992 changed the zoning to C -2C, General Commercial District, which it remains today. The structure is currently used as a residence, which is a nonconforming use in the C -2C District. The petitioner would like to rezone the structure and one -half acre to AV, Agricultural /Village Center District, in order to permit residential or low- intensity business uses. 8338 Strawberry Lane (Tan house, A G -3, Parcel 58) This residence is currently zoned AG -3, Agricultural /Rural Preserve District, and is a rental property for the petitioner. 8356 Strawberry Lane (Grey House, A G -3, Parcel 58) This residence is also currently zoned AG -3, Agricultural /Rural Preserve District, and is also a rental property for the petitioner. The total acreage proposed for the AV, Agricultural/Village Center District, is 4.476 acres which would include 8364 Bent Mountain Road (the barn -like structure), and 8346 Bent Mountain Road (the brick structure formerly used as a beauty salon). No additional structures or site improvements are proposed and there are no proposed uses for the vacant barn -like structure at this time. Topography/Watercourse The existing topography of the two parcels involved varies significantly in elevation. The entrance to the property at Bent Mountain Road and Strawberry Lane sits at 1,742 feet. The elevation gradually drops to the south and east to a stream that runs across the property between the proposed Bent Mountain Road AV structures and the proposed 2 AG -3 structure at 8399 Strawberry Lane. The stream runs across Strawberry Lane. The lowest elevation measured at the stream is 1,628 feet. From the stream bed, the property rises up Bent Mountain to a top elevation at Bent Mountain Road of 2,430 feet for a difference of 802 feet. The acreage being considered for rezoning is fairly level where the existing structures are located along Bent Mountain Road. The site rolls down to the stream and then climbs slightly to the residence located at 8399 Strawberry Lane. The most extreme topography exists beyond the proposed rezoning site. Vegetation The land being considered for rezoning surrounding the two structures proposed for AV zoning is generally open space with some trees. A small apple orchard is located behind 8346 Bent Mountain Road as the land slopes towards the creek and heavier vegetation surrounds the creek. On the other side of the creek, the homesite for 8399 Strawberry Lane is fairly open with some trees. The remainder of the property climbing Bent Mountain is heavily wooded. Surrounding Neighborhood Properties to the north on the opposite side of Bent Mountain Road along Countrywood Drive are zoned AR, Agricultural Residential, and contain single - family dwellings. Properties to the west and south (climbing Bent Mountain) are large parcels with single - family residences zoned AG -3, Agricultural /Rural Preserve. Adjacent lands also containing single - family residential dwellings to the east are zoned AR, Agricultural Residential, along the frontage of Bent Mountain Road, and AG -3, Agricultural /Rural Preserve, as the properties climb Bent Mountain. ANALYSIS OF PROPOSED DEVELOPMENT Site Lam The site layout submitted shows the three structures involved in the rezoning application and proposed zoning boundaries. No physical changes to any of the structures or the site are proposed at this time. Two additional residential structures zoned AG -3, Agricultural /Rural Preserve, are located along Strawberry Lane. These structures are not included in the rezoning application. Access /Traffic Circulation The two parcels are accessed by two entrances off of Bent Mountain Road. The eastern entrance, Strawberry Lane, is narrower and is designated as a private road. Strawberry Lane serves all of the residential structures on both parcels. The western entrance is closer to the larger, barn -like structure, is wider and is unnamed. Virginia Department of Transportation comments pertain to potential changes to the property. If future changes warrant a site plan or subdivision action, sight distance analysis, commercial entrance upgrades and a turn lane warrant analysis will need to be completed. As no physical changes or new uses are proposed at this time, no access or circulation changes are currently needed. Utilities Both parcels are currently served by private wells and septic systems. No comments or concerns were raised by the Western Virginia Water Authority. Fire & Rescue The Roanoke County Fire Marshal has no comments or concerns regarding the zoning change without knowing what the future uses or proposed structures will be. He indicated that there is no water for fire protection currently on the site. If and when construction takes place, fire flow needs will be addressed at that point. Economic Development The Roanoke County Department of Economic Development provided no comments on the proposed rezoning application. Communitv Meetin A Community Meeting was held on May 9, 2011, at the Back Creek Fire and Rescue Station. In addition to notifying neighbors located within approximately one - quarter mile, notices were mailed to the Back Creek Civic League and a notice was e- mailed to the Bent Mountain Civic League. Twelve people, including one of the petitioners, attended the meeting. Questions asked pertained to potential uses of the structures proposed for the AV, Agricultural /Village Center zoning. The petitioner indicated that no potential tenants or uses have been identified. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Future Land Use Map designates both impacted parcels as Rural Preserve. While both parcels are located adjacent to and outside of the boundary of the Route 221 Area Plan, the adopted Route 221 Area Plan (2009) includes changing lands with slopes of 33 percent or greater to Conservation in order to preserve steep slopes. The lands proposed for rezoning retained the Rural Preserve designation. The Rural Preserve designation applies to mostly undeveloped, outlying lands that are rural, generally stable and require a high degree of protection to preserve agricultural, forestal, recreational and remote rural residential areas. The rural residential uses currently in operation on the property are in conformance with the Rural Preserve designation. Agricultural services that support agricultural production, veterinary services, landscape and horticultural care as well as rural institutional uses such as religious assembly facilities and clubs are also appropriate for is designation. The Rural Village designation is located immediately to the east of the property along the Bent Mountain Road frontage as well as to the north across Bent Mountain Road. This designation refers to areas where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural community and farming areas are generally in between intense suburban development and Conservation and Rural Preserve areas. In addition to the uses permitted in the Rural Preserve designation the Rural Village classification allows small -scale commercial uses such as personal services and retail convenience stores that serve the local community. Depending upon the future usage of the structures proposed for AV, Agricultural /Village Center zoning, the structures and surrounding property could fit into either the current Rural Preserve designation or conform to the adjacent Rural Village designation. STAFF CONCLUSIONS This rezoning application proposes to eliminate the following zoning issues: 1. Downzone two commercial zoning district designations (C-1C and C -2C) that are not only inappropriate for the rural character of the community, but also contain nonconforming residential uses; and 2. Propose appropriate zoning districts (AG -3 and AV) for those nonconforming residential uses which would render them conforming in use and in zoning with the surrounding neighborhood. The rezoning to AV will also permit the barn -like structure to be utilized for limited commercial or institutional uses, as it had been in the past, and as is permitted by the existing Rural Preserve and adjacent Rural Village Future Land Use Designations. 0 CASE NUMBER: PREPARED BY: HEARING DATES: 11- 6/2011 Megan Cronise PC: 6/7/11 BOS: 6/28/11 ATTACHMENTS: Rezoning Application Materials Zoning Map Future Land Use Map Aerial Photograph Lachowicz Property Existing Zoning Map Lachowicz Property Proposed Zoning Map VDOT Letter, dated May 9, 2011 AG -3, Agricultural /Rural Preserve District C -1, Office District C -2, General Commercial District AV, Agricultural/Village Center District 5 County of Roanoke For Staff Use Only :a— I I W 2 r) Communit Development Date receive,]: F Received b Plannin & Zonin Applica t ion PC/BZAdate- 5204 Bernard Drive Placards issued: BOS date: P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX ( 540 ) 776-7155 Case Number .... ��` C ALL APPLICANTS V Ch ck t of application filed (check all that appl Rezonin ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative App eal ❑+Comp Plan ( 15.2-2232 ) Review Applicants name/address w/zip W S0� Phone: 9915V 9f 46 4f eWoal Id-Z. Work: �� 1140 /16U tJA Cell ,`.'.' ° L' L . �o Fax No.: Owner's nam ddress w/zip J10 - Z— Phone fi: W-S, #J , Work: Fax No. Propert Location -00" Y-d 116 de!W7- oW7–IJ - A-A Ma District: 1'-/ G� � Communit Plannin area: &,wk-5 FS 1:;, c/ Z e:Air Itz) Y3 ?e7 7 ice" .+ Tax Map No.: 0 ? tv ep Existin Zonin Size of parcel(s): Acres: Existin Land Use: / 4 1,4 ( REZONING, SPECL4L USE PERMIT WAIVER AAD COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: 14 1 Proposed Land Use: L/ 6= m //.j Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the re Use T Yes ❑ No ❑ IF N0 A VARIANCE IS REQUIRED FIRST If rezonin re are conditions bein proffered with this re Yes ❑ No ❑ VALANCE, WAIVER AND AD MINISTRA TIVEAPPEAL APPLICANTS WIAA) Variance/Waiver of Section(s) of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to ff Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED 110M OF THESE ITE ARE MISSING OR INCOMPLETE. W- MAR 3 1 2011 RIS/%V/CP VIAA R/S/NV/CP V/AA RISAV/CP V/AA DErARTFOENT OF Consultation 8 1/211 x I V concept plan Applicati e C-OPNOUNITY Metes and bounds description Proffers, i c - 'el 7L0PN1Er`- Application abl Justification Water and sewer application Adjoinin pr ers I hereb certif that I am either the owner of the propert or the owner's a or contract pu haser and am actin with the ent of the owner. -TLa, Owner's Si gnature JU .IFICATION FOR RE- ZONING SI"ECIAI� USE PERMIT wA] ER :�R COMP PLAN ls.� -za3� R�VIEw . . '. . . . ..... . ........ .. .. ... ...... . '% .. ........ . . . . ... .. % .. ....... . % ... ... % . .. . .......... - - .. RE UE TS ` Applicant C, & L A4c The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. 774 -S ev /V— 72� I/ 56�-� - 7 7 /��4-r�� �v�c /,�J�rz. �-�s //J vsi,► a IT 4�5 Ate-' A�'J Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water /sewer, roads, schools, parks/recreation and fire and rescue. AS AJv �bd /To�... lnz�J -c'� 01J 7A45 �� sJ � /� tJ/Z./LDl1NJ� / /J ZONING 141STORY FOR LACHOWICZ PROPERTY (L & H COMPANY) 8264 Bent Mountain Road In 1982 this property was rezoned from A -1 to M-2C to be used as a storage area for our construction company. we used it mostly for storage of tools and equipment. church. AG-3. In 1992 the zoning of this area was changed again from M -2C to A- I to be used as a In December, 1992 the county dial a comprehensive rezoning and it went from A--1 to I ant now requesting to have this property rezoned to AV Agricultural/Village Center in order to widen my options for permitted uses. The outside would remain the same and there would be no additional impact on the surrounding area. 8346 Bent Mountain road In 1982/83 this property was rezoned from A -1 to B--2C for a beauty salon. In 1992 the country changed it from B -2C to C -2C with the comprehensive rezoning. I now rent this as a residence so I would like this rezoned to AV which would include single family dwellings. 8399 Strawberry Lane This property was rezoned from A- I to B- I C in 1.983 for the purpose of having an office for our construction business. The county changed that to C -1 C in December 1992. M son now owns this property and lives in it with his family so I would like to rezone this to A.G -3 which would be the same as the approximately 65 acres that I own there. J �^+r-�,x . .. .......... . . 1�`l'� UST�IC.� cIO� , R VA�MN MOIMST Applicant The of Zoning Appeals is required by Section 15.2 -2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance would produce undue hardship hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or easonably restrict the use of the property. 3. The hardship is not shared by other properties i e same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance w�l not be of a substantial detriment to the adjacent properties or the character of the district. 0 _ - . i LSfiIFIAT`IO�N FAIR A,DViIl'!IISTRATlEPPAL REQUEST ..... . . ..... .. ... .... .......... ..... ... .. ........ . .... ... ... .. . ..... .. ..... .... . .. ... ... .. .. Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. CONCEPT` PLAN .CRECKLIST . .... .... ... ..... A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties w� g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights Li i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances /exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant Date on GA IV Community Development M z Planning & Zoning Division b tai POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND /OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic- generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and /or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any tune, as deemed necessary.) High Traffic- Generating Land Uses: • Single - family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive - through windows) • Gas station/Convenience store /Car wash • Retail shop/Shopping center • offices (including; financial institutions, general, medical, etc.) • Regional public facilities • Educational /Recreational facilities • Religious assemblies • Hotel/Motel • Goff course • Hospital/Nursing home/Clinic • Industrial site /Factory • Day care center • Bank • Non - specific use requests Road Network Situations; • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 400, 11/400, 224, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and /or roadway conditions have changed significantly • when required to evaluate access issues • Development with ingress /egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and /or safety problem • Development would potentially negatively impact existing /planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective elate: April 79, 2005 7 4• OA Community Development . = Planning & honing Division � 1838 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow suffi cient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND /OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and /or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential rand uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and /or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2445 Name of Petition c t t& (-. Petitioner's Signature N-t L Date a Lachowicz Rezoning Request Current Property Zoning Information Tax Ma Number: 094.00 -01 -57.00 Name: Jason T. & Karen J. Lachowicz Mailiniz Address: 8399 Strawberry Ln. Roanoke, Va. 24018 Current Zoning: AG -3 and C -1 C -1 bound as follows: BEGINNING at an iron pin, comer to L & H Company property being the original southeasterly corner of the property formerly owned by John D. Blakenship, but now also owned by L &. H Company, said point being located, S 17° 54'27" W 558.65 feet from the southerly side of Va. Sec. Rt. 221; thence with four new division lines through the property of L & H Company, S 72° 05' 33" E 2 10. 00 feet to a point; thence S 17 54' 27' W 2 10. 00 feet to a point; thence N 72° 05' 33" W 210.00 feet to a point; thence N 17 54' 27" E 210.00 feet to the point of BEGINNING and containing 1.0 acre and a being a portion of the property owned by L & H Company and being as shown on a map by T. P. Parker and Son, Engineers and Surveyors, Ltd. dated October 31, 1980 and revised February 25, 1983. Tax Mqp Number: 094.00-01-58.00 Name: L & H Company - CID Thomas Lachowicz Mailing Address: 7606 Apple Grove Ln. SW Roanoke, Va. 24018 Current Zonn: AG -3 and C -2C C-2C bound as follows: BEGINNING at an iron pin on the southeasterly side of Va. Sec. Rt. 221 at the northwest corner of property owned by L & H Company, being also northeast corner of property formerly John W. Blankenship now also owned by L & H Company; thence with south side of Va. Sec. Rt. 221 S 86 57' 54" E 18.66 feet to a point; thence still with Va. Sec. Rt. 221 S 83° 28' 30" E 89.37 feet to a point; thence with two new division lines through the property of L & H Company S 17° 54' 27" W 211.10 feet to a point; thence N 78° 12'45" W 1 06.25 feet to a point on the outside line of the original L & H Company property; thence with the said old line N 17 54'27" E 200.0 feet to the BEGINNING and containing 0.50 acres and being as shown on reap made by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated October 21, 1980 revised on January 9, 1984. New AV Zoned Parcel Information The following is the description for the 4.476 acre parcel to be rezoned AV. The description is as follows: BEGINNING at corner #1 said point being the northeasterly corner of property of Jason T. and Karen J. Lachowicz (Instrument #200502264) said point also located on the southerly right-of-way of Bent Mountain Road (US Rt. 221) thence leaving Lachowicz and with Bent Mountain Road for the following 5 courses; thence N 77° 05' 50" E 225.90' to corner #2; thence with the curve to the right with said curve defined by delta angle of 16° 1 I ' I I", radius of 3 34.26', an arc of 94.43', a chord of 94.12' and bearing N 85° 11' 25" E to corner #3; thence S 17° 54' 27" w 6.64' to corner 4; thence S 86° 57' 54" E 18.66' to corner #5; thence S 83' 28' 30" E 89.37' to corner #6; thence S 70° 29' 22" E 91.86' to corner #7; thence leaving Bent Mountain Road and with a new division line through the property of L & H Company, (D.B. 1174 PG. 178) S 35° 53' 10" w 639.74' to corner #37 said point located on the eastern boundary of Jason T. and Karen J. Lachowicz thence leaving remaining property of L & H Company and with Lachowicz for the following two courses; thence N 64° 27' 33" w 250.40' to comer #38 thence N13' 21' 00" E; 411.27' to corner #1 the place of BEGINNING and containing 4.476 acres and being parcel "B I" as more particularly shown on plat prepared by Lumsden Associates dated March 30, 201 L Adjacent Property owners Tax Ma Number: 094.00 -0 -5 5 .00 Name: James Wistar Jr. & Bivvie Cooper Mailing Address: 8370 Back Creek Orchard Rd. Roanoke, Va. 24018 Current Zoninp,: AG -3 Tax Ma Number: 094.00 -0 1- -55.05 Name: Wesley G. & Aundrea Hope Tyree Mailing Address: 8320 Back Creek orchard Rd. Roanoke, Va. 24018 Current Zoning: AG -3 Tax Map Number: 094.40 -01 -59.00 Name: James W. Ferguson Mail ing_Address: 1667 Christiansburg Pike Floyd, Va. 24091 Current Zoning: AG -3 Tax M4p Number: 094.00 -01 -64.00 Name: Ferguson Declaration of Trust Mailing Address: 1667 Christiansburg Pike Floyd, Va. 24091 Current Zonin : AG -3 Tax Map Number: 094.00 -01- 61.01. Name: Ferguson Declaration of Trust Mailing Address: 1667 Christiansburg Pike Floyd, Va. 24091 Current Zoning: AR Tax. M Number: 094.04 -01 -61.42 Name: James W. & Joan B. Ferguson Mailing Address: 1667 Christiansburg Pike Floyd, Va. 24491 Current .Zoning: AR & AG -3 Tax. M ap Number: 494.04 -01 -22.00 Name: Mark R. Jr. & Cathy R. Hanabury Mailing Address:_ 223 North Broad St. Roanoke, Va. 24018 Current Zoning: AR Tax Mqp Number: 094.04 -01 -24.00 Name: Philip J.11 & Donna L. Mollica Mailing Address: 7521 Countrywood Dr. Roanoke, Va. 24018 Current Zoning: AR Tax Mqp Number: 094.04-01-37.00 Name: Daniel A. & Melissa H. Angel Address: 7526 Countrywood Dr. Roanoke, Va. 24418 Current Zoniniz: AR Tax Mqp Number: 094.04-01-38.00 Name: Gibson Barbee VIII Mailing Address: 8501 Bent Mountain Rd Roanoke, Va. 24018 Current Zoning: AR Tax MaD Number: 103.00-01-27.00 Name: J. C. Jr. & Carlyle Poindexter Mailing Address: 5331 McVitty Rd. Roanoke, Va. 24018 Current Zoning: AG--3 Tax. MqP Number: 103.00 -01 -33.00 Name: Sherwin Ely Little Revocable Trust Mailin Address: 9127 Lookout Ln. Bent Mountain, Va. 24059 Current Zoning: AG -3 Tax Ma Number: 103.00 -01 -34.04 Name: Ohio State Cellular Phone Co Inc Mailing Address: CID Telephone & Data Systems Inc PO Box 31369 Chicago, IL 60631 Current Zoning: AG-3S. Tax Ma Number: 103.00 -01 -3 5.00 Name: Ohio State Cellular Phone Co Inc Mailing Address: CID Telephone & Data Systems Inc PO Box 31369 Chicago, IL 60631 Current Zoning: AG-3S Tax. Mqp Number: 103.00 -03 -01.00 Name: Christine Edwards Ross Mailing Address-. 3940 Buck Mountain Rd. Roanoke, Va. 24018 Current Zoning: AG -3 SEE SUBDIVISION PLA T d0 4 133HS R D cQ c T FOR BEARINGS AND DISTANCES -t jo UNTAIIN -� CD a BENT U ROUTE 221 500 co o �►- ca RIW VARIES T T I I ° N ° Q 22 m r ©u��°� o '° 'C3 4 = Z3 C LLJ CC Z 1 n � SCIN i2i RI) o Q tC7 a pp !� O ^� t CID M iz to co o z ca ud LL- Lu �? ' �O A%,: O ^QQ a ° © O " � ¢ O U a � UrL �► � A A / Q� � Q© � ol ,� X Lr) rn ©- e`` Z q3 Q V `�, spa` O 1 o `fi - d LLJ ```' toc� zv c� C p� 1 wx� N p I� W Z.. o e �! Z Q J 00 co o uS i II II p N N m O N Q Q7 C' p Z�u� O O Q) 1 G� d U a N .--4 1. c� W U W 4 V w tt- � Lu r O Cr) et 0 p al Cp a0 � O P, L 6 Z LO U 0) c)�,� N o ° o 0 II II II II 2 Z N O o r� I �, (Q D Z3 0 co L' �� �O� �o�C�© N w O ~ Lu N N oO�OQ� O �� I L'scl - N C; ^1 ��` O �` II Q Q IL I . D o U Lc gn Gi a. Q rn �- O -j ` p p! p°O= m < - o Q Q�� 1mU v) 4 1:6 Z �O O w r(v © X c� O Q d'mQ S8152'13 "E - F 57.75 '�- o " p ° d C N f cn u CL v) f \ c ' ? r CQ © pm4 p N w s�62 co % s „ C -2 *23 w c) , 40 W Sa � 17.22' ' ~ '� 6 a °� -ip �� °' o r-: C -3 89'20 N 88'30 20" W ` : ' �' ........ w ko AIN RO �� �� T �pUNT 22� �. BEN U.S. ROUE R fW VARIES o �, 1 }Id'ZOXe Bmp• Lpdwoo lyg4ll \Bue \ti5011 \IIOZ \SBUIMIBIp \:m 1 d' Yo-L 0 -L 0 dwoo V9 0 11 6mp-L dwoOV9 LL \ OUG\ V90 LL\L LO Z\sO'uimejp\:m O Site Zoning = AG3 EP AG1 AR AV C1 C2 C2CVOD 12 PCD P RD Roanoke County Department of Community Development Applicants Name: Existing Zoning: Proposed Zoning: Tax Map Number: Magisterial District: Jason and Carol Lachowicz AG3, C2 C & C 1 C AV & AG3 094.00 -01 -57 & 58.00 -0000 Windsor Hills Area: 5.4 76 Acres 7 April, 2011 Scale: 1 " = 400' tiZ{ ti ~r,' f ti' + • ti# fr 11 • 1 1 ' S ■"�ti •��� - •1 r 101 r P.M ti � � -' yyam� • � . 1 ' L ' 1 7 1 1"y •� � r 7 � 1 � 1 �' •• •�7 50 1 .L :1� 1 . 1 ti • r I f _.y�' F • 1 r r ■ 1 1 1 1 ti � S • re ti .1 l 1 1 • � 11 � L r' r 1 S Z • X 1 i• Applicants Name: Jason and Carol Lachowicz Existing Zoning: A G3, C2 C& C 1 C Roanoke County Department of Prop Zoning: AV & AG3 Tax Map Number. . 094.00 -01 -57 & 58.00 Community Development Magisterial District: Windsor Hills Area: 5.476 Acres 7 April, 2011 Scale: 1 " = 400' yip r. c N AN,j Lachowicz Property Existing Zoning W ,c->E Feet � 183z 0 62.5125 250 375 500 s Roanoke County Department of Community Development Date : A r i l 2 8, 201 5204 Bernard Drive p Scale: 1 inch 333 feet Roa(4)772-024018 540 772 -2065 Lachowicz Properties Building Footprints Zoning Districts AG -3 Agricultural /Rural Preserve = -� AG -1 -Agricultural/Rural Low Density AR - Agricultural /Residential AV - Agricultural /Village Center C -1 - Office C -2 - General Commercial /.1 BENT M0UN M_ftN4__X D . N Lachowicz Property Proposed Zoning W��E ., s Feet s 0 62.5125 250 375 500 Date:April 28, 2011 Scale: 1 inch = 333 feet r z 0 rs �a Roanoke County Department of Community Development 5204 Bernard Drive Roanoke, Virginia 24018 (540) 772 -2065 f � i COMMONWEAL TH of VIRGINIA DEPARTMENT OF TRANSPORTATION PO BOAC 3071 GREGORY A. WHIRL Y SALEM, VA 241 53-0560 CO MMISSIONER May 9, 2011 GIs. Megan Cron? se Roanoke County Planning Department ment P. 0. Box 29800 R oanoke, VA. 2401 Rezoning— AG -3, C -2c, & C- f c t o AV& AG -3 Carol and Tom Lachowic , Jason Lachow Proposed Land Use — Undetermined with possibility of Antique Shop /General Office Route 221, Plantation Road Dear Ms. Cronise: We have reviewed the above mentioned rezoning request and have the following ing omm nts: I . The proposed rezoning may result in an increase i n the potential traffic generated from the site dependant upon the proposed use. 2. The posted speed limit on this section of Bent Mounta Road (Route 22 is 55 MPH. The minimum required sight distance is 610 feet. Sight - distance in both directions should be field verified and measures taken to ensure the required sight distance is obtainable. Private ent rances a re not re t o meet int si ght distance requirements. However, if the property is further subdivided along the private street (Strawberry Lane), steps should be taken to ensure intersection sight distance is available as entrances serving three or more hones are considered commercial. 3. flue to the proposed change in use, the V OT Road Design n Manual ndi� F; Access Manag ement Desi n Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This section of Bent Mountain Road (Route 221 ) i classified as a Rural Minor Arterial. It should be noted that commercial ent spacing standards may apply which includes the centerline to center spacing between other commercial entrances and side streets and can be fond on page F-24 of Appendix F. 4 . A. left and right tum lane warrant analysis may be requested by the Department during the site plan review stage. This will depend upon but is not limited to the projected traffic generated by the site, the existing traffic on Bent Mountain Road, and the accident history adjacent t o the site. 5 . If plans are necessary upon review and approval, a Land Use Pe xnxt will be required for work within VDOT right Info regarding any changes to the existing drainage system should also be included for review. www.Virginiadot.or We Keep Virginia Movin IVs, Megan Cronie May 9, 2011 'age 2 of 2 Should you have any questions, please do not hesitate to call. Thank you. Sincerely, ". x--- Brian K. Blevins, P. E. Acting Area Land Use Engineer VDOT, Salem Area Land Use SEC. 30 -32. - AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT. Sec. 30 -32 -1. - Purpose. (A) The AG -3, agricultural /rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district is to maintain these areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non -farm residents should recognize that they are located in an agricultural environment where the right - to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799 -11, § 1f., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -32 -2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Farm Employee Housing Forestry Operations Stable, Private * Stable, Commercial Wayside Stand * 2. Residential Uses Accessory Apartment Home Occupation, Type II Manufactured Home * Manufactured Home, Accessory Manufactured Home, Emergency Multiple Dog Permit * Residential Human Care Facility Single- Family Dwelling, Detached Temporary portable storage containers* 3. Civic Uses Community Recreation Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas Safety Services * Utility Services, Minor 4. Commercial Uses Agricultural Services Bed and Breakfast * Kennel, Commercial Veterinary Hospital /Clinic S. Industrial Uses Custom Manufacturing 6. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural Uses Commercial Feedlots 1.5. Residential Uses Alternative Discharging Sewage Systems 2. Civic Uses Camps * Cemetery Correctional Facilities Day Care Center * Religious Assembly Utility Services, Major 3. Commercial Uses Campgrounds * 4. Industrial Uses Composting * Landfill, Construction Debris Landfill, Rubble * Landfill, Sanitary Resource Extraction S. Miscellaneous Uses Aviation Facilities, Private Broadcasting Tower Outdoor Gatherings Shooting Range, Outdoor (Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 62293 -12, § 8, 6- 22 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 42694 -12, § 7 4- 26 -94; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 072605 -7, § 1, 7- 26 -OS; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. OS2609 -22, § 1, 5 -26- 09) Sec. 30 -32 -3. -Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 3 acres (130,680 square feet). b. Frontage: 200 feet on a publicly owned and maintained street. c. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 50 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 25 feet. b. Accessory structures: 25 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 35 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. S. Where the principal structure is more than 150 feet from the street, accessory buildings maybe located 150 feet from the street and 25 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 5 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) SEC. 30 -53. - C -1 OFFICE DISTRICT. Sec. 30 -53 -1. - Purpose. (A) The purpose of the C -1 office district is to provide for the development of attractive and efficient office uses in the urban service area which serve both community and county -wide needs. The C -1 district allows for varying intensities of office development as part of either a planned office complex or, to a limited degree, small scale office uses. Retail uses are permitted, to a limited extent, where they are supportive of the office environment. The C -1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and /or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C -1 office district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development standards are intended to ensure compatibility with adjacent land uses. (Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -53 -2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment Home Beauty /Barber Salon Home Occupation, Type I Multi - family Dwelling Two - family Dwelling 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College /University Educational Facilities, Primary /Secondary Guidance Services Park and Ride Facility Post Office Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office 4. Commercial Uses Business Support Services Business or Trade Schools Communications Services Personal Services Studio, Fine Arts Veterinary Hospital /Clinic S. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Religious Assembly Utility Services, Major 2. Office Uses Laboratories 3. Commercial Uses Commercial Indoor Sports and Recreation 4. Industrial Uses Landfill, Rubble * S. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 82493 -8, § 2 8- 24 -93; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042203 -13, § 1, 4 -22- 03; Ord. No. 042208 -16, § 1, 4- 22 -08) 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. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 7S feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind front building line. 2. Side yard: a. Principal structures: 10 feet on any one side, with a combined total on both sides of at least 2S feet. b. Accessory structures: 10 feet behind the front building line, or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 1S feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R -1 or R -2, 4S feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R -1 or R -2 district is increased two feet for each foot in height over 4S feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 1S feet. (D) Maximum coverage. 1. Building coverage: SO percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) SEC. 30 -54. - C -2 GENERAL COMMERCIAL DISTRICT. Sec. 30 -54 -1. - Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C -2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -54 -2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment Home Beauty /Barber Salon Home Occupation, Type I Multi - Family Dwelling Two - Family Dwelling 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College /University Educational Facilities, Primary /Secondary Family Day Care Home Guidance Services Park and Ride Facility Post Office Public Assembly Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services Antique Shops Automobile Dealership, New Automobile Repair Services, Minor Automobile Rental /Leasing Automobile Parts /Supply, Retail Bed and Breakfast Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services Consumer Repair Services Funeral Services Garden Center * Gasoline Station Hospital Hotel /Motel /Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, General Retail Sales Studio, Fine Arts Veterinary Hospital /Clinic S. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Adult Business * Automobile Dealership, Used Automobile Repair Services, Major Car Wash * Commercial Indoor Amusement Convenience Store Dance Hall Equipment Sales and Rental Manufactured Home Sales Mini - warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service Restaurant, Drive -in and Fast Food Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 82493 -8, § 2 8- 24 -93; Ord. No. 022796 -14, § 1, 2- 27 -96; 042297 -14, § 1, 4- 22 -97; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 102803 -15, § 2, 10- 28 -03; Ord. No. 102SOS -7, § 2, 10- 25 -OS; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -54 -3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 7S feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 1S feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R -1 or R -2, 4S feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R -1 or R -2 district is increased two feet for each foot in height over 4S feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: SO percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) SEC. 30 -36. - AV AGRICULTURAL /VILLAGE CENTER DISTRICT. Sec. 30 -36 -1. - Purpose. (A) The purpose of the AV, agricultural /village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap- frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799 -11, §§ 1f., 2, 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -36 -2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Stable, Private Wayside Stand 2. Residential Uses Accessory Apartment Home Beauty /Barber Salon Home Occupation, Type I Manufactured Home * Manufactured Home, Emergency Multiple Dog Permit * Residential Human Care Facility Single- Family Dwelling, Attached Single- Family Dwelling, Detached Temporary portable storage containers Two - Family Dwelling 3. Civic Uses Administrative Services Clubs * Community Recreation Cultural Services Day Care Center * Educational Facilities, Primary /Secondary Family Day Care Home Park and Ride Facility Post Office Public Parks and Recreational Areas Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions General Office * Medical Office * S. Commercial Uses Antique Shops * Bed and Breakfast Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General Studio, Fine Arts Veterinary Hospital /Clinic 6. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial 2. Residential Uses Alternative Discharging Sewage Systems Multi - family Dwelling Townhouse 3. Civic Uses Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 4. Commercial Uses Agricultural Services Automobile Repair Services, Minor Automobile Parts /Supply, Retail Boarding House Clinic * Convenience Store Funeral Services Garden Center * Gasoline Station Kennel, Commercial Restaurant, Drive In or Fast Food Restaurant, General S. Industrial Uses Construction Yards Custom Manufacturing Recycling Centers and Stations 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 2 4- 27 -99; Ord. No. 072605 -7, § 1, 7- 26 -OS; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. OS2609 -22, § 1, 5- 26 -09) Sec. 30 -36 -3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 2S,000 square feet b. Frontage: 8S feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 7S feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 35 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 30 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28, 2011 ORDINANCE REZONING 5.478 ACRES FROM AG -3 AGRICULTURAURURAL PRESERVE DISTRICT; C -2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS; AND CAC, OFFICE DISTRICT WITH CONDITIONS TO AV, AG RIC U LTU RALNI LLAG E CENTER DISTRICT AND AG -3 AGRICULTURAURURAL PRESERVE DISTRICT LOCATED AT 8354 BENT MOUNTAIN ROAD AND 8399 STRAWBERRY LANE, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NOS. 94.00 -1 -57 AND 58), UPON THE APPLICATION OF CAROL LACHOWICZ OF L &H COMPANY AND JASON LACHOWICZ WHEREAS, the first reading of this ordinance was held on May 24, 2011, and the second reading and public hearing were held June 28, 2011; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 7, 2011; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That 'the zoning classification of a certain tract of real estate containing approximately 5.475 acres, as described herein, and located at 8354 Bent Mountain Road and 8399 Strawberry Lane (Tax Map Numbers 94.00 -1 -57 and 58) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AC -3, Agricultural /Rural Preserve District; C -2C, General Commercial District with Conditions; and C -1 C, Office District with Conditions, to the zoning classification of AV, Agricultural/Village Center District and AC -3, Agricultural/Rural Preserve District. 2. That this action is taken upon the application of Carol Lachowicz of L &H Company and Jason Lachowicz. Pagel of 3 3. That said real estate is more fully described as follows: Tax Map #94.00 -1 -57 — C -1 C bounded as follows: Beginning at an iron pin, corner to L &H Company property being the original southeasterly corner of the property formerly owned by John D. Blankenship, but now also owned by L &H Company, said point being located S 17 54'27" W 588.65 feet from the southerly side of VA Sec. Rt. 221; thence with four new division lines through the property of L &H Company S 72 05' 33" E 210.00 feet to a point; thence S 17 54' 27" W 210.00 feet to the point of Beginning and containing 1.0 acre and being a portion of the property owned by L &H Company and being shown on a map by T. P. Parker & Son, dated October 31, 1980 and revised February 25, 1983. Tax Map #94.00 -1 -58 — C -2C bounded as follows: p Beginning at an iron in on the southeasterly side of VA Sec. Rt. 221 at the 9 northwest corner of property owned by L &H Company, being also northeast corner of property formerly John W. Blankenship now also owned by L &H Company; thence with south side of VA Sec. Rt. 221 S 86 57' 54" E 18.66 feet to a point; thence still with VA Sec. Rt. 221 S 83 28' 30" E 89.37 feet to a point; thence with two new division lines through the property of L &H Company S 17 54' 27" W 211.10 feet to a point; thence N 78 12'45" W 106.25 feet to a point on the outside line of the original L &H Company property; thence with the said old line N 17 54' 27" E 200.0 feet to the Beginning and containing 0.50 acres and being shown on map made by T. P. Parker & Son, dated October 21, 1980, revised January 9, 1984. 4.476 acres to be rezoned AV Beginning at corner #1 said point being the northeasterly corner of property of Jason T. and Karen J. Lachowicz (Instrument #200502264) said point also located on the southerly right -of -way of Bent Mountain Road (US Rt. 221) thence leaving Lachowicz and with Bent Mountain Road for the following 5 courses: thence N 77 05' 50" E 225.90 feet to corne r #2, thence with the cu rve to the right with said cu rve defined by delta angle of 16 11' 11 ", radius of 334.26', and arc of 94.43', a chord of 94.12' and bearing N 85 11'25" E to corner #3; thence S 17 54'27" W 6.64 feet to corner #4; thence S 86 57' 54" E 18.66 feet to corner #5; thence S 83 28' 30" E 89.37 feet to corner #6; thence S 70 29' 22" E 91.86 fee to corner #7; thence leaving Bent Mountain Road and with a new division line through the property of L &H Company (DB 1174, pg. 178) S 35 53' 10" W 639.74 feet to corner #37 said point located on the eastern boundary of Jason T. and Karen J. Lachowicz, thence leaving remaining property of L &H Company and with Lachowicz for the following two courses: thence N. 64 27'33" W 250.40 feet to corner #38, thence N 13 21' 00" E 411.27 feet to corner #1, being the place of Beginning and containing 4.476 acres and being parcel "B1" as more particularly shown on plat prepared by Lumsden Associated dated March 30, 2011. 4. That this ordinance shall be in full force and effect thirty (30) days after its Page 2 of 3 final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 ACTION NO. ITEM NO. S -5 AT A REGULAR MEETI OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VI HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETIN DA'sE: AGENDA ITEM: SUBMITTED BY: June 28, 2011 Ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) from Taz Wade, Inc. for library purposes in the Vinton Magisterial District and appropriating $415,000 from the Major Capital Fund B. Clayton Goodman III County Administratori�o COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.781 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.781 acre from the Dunmans; the second ordinance would authorize the acquisition of 1.24 acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (3) one - year lease terms for the continuation of the Dunman wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate vote by the Board. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. Anew library would complement this redevelopment vision, and would Page 1 of 2 support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase prices for these two properties. The Town's participation in the acquisition of this real estate is based capon an expectation that the County will commit funding to the design and construction of a new library at this location within the next ten (10) years. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues which will have to be addressed with further testing and analysis. The County code requires two readings of an ordinance in order to purchase property. The first readings of these ordinances were held on June 14, 2011, and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The property cost is $415,000. Funds are available in the Major Capital fund. STAFF RECOMMENDAnON: Staff recommends adopting the attached ordinance authorizing the purchase of approximately 1.24 acres of real estate (Tax Map Nos. 80.10 -8 -3 and 4) from Taz Wade, Inc. for library purposes. 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, JUNE 28, 2011 ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 1.24 ACRES OF REAL ESTATE (TAX MAP NOS. 80.18 -8 -3 AND 4) FROM TAZ WADE, INC. FOR LIBRARY PURPOSES IN THE VINTON MAGISTERIAL DISTRICT AND APPROPRIATING $415,000 FROM THE MAJOR CAPITAL FUND WHEREAS, on , Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with Taz Wade, Inc. for the purchase of approximately1.24 acres of real estate for the purchase price of $415,000 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 June 14, 2011, and the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated , for the acquisition of approximately 1.24 acres of real estate (Tax Map Nos. 60.16 -8 -3 and 4) for the sum of $415,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. Page 1 of 2 2. That the sum of $415,000 is available in the Major Capital Fund to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This amount is for the purchase price of this real estate. 3. That the Town of Vinton will reimburse the County $207,500 (one -half of the purchase price) over the next ten (10) years. As this money is received by the County it will be appropriated to an account for expenses related to the design, demolition and construction of - the new Vinton library. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute 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. S -8 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA7rE: June 28, 2011 AGENDA ITEM: Ordinance authorizing the purchase of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes in the Vinton Magisterial District and appropriating $863,300 from the Minor Capital Reserve SUBMITTED BY: B. Clayton Goodmarx. I� County Administrator' COUNTY ADMINISTRATOR'S COMM ENTS: SUMMARY of INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.761 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.781 acre from the Dunmans; the second ordinance would authorize the acquisition of 1.24 acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (3) one - year lease terms for the continuation of the Dunman wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate vote by the Board. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by - the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for Page 1 of 2 downtown Vinton. Anew library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half of the purchase prices for these two properties. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next ten (10) years. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues which will have to be addressed with further testing and analysis. The County Charter requires two readings of an ordinance in order to purchase property. "rhe first readings of these ordinances were held on June 14, 2011, and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The property cost is $840,000. In addition, we will need approximately $23,300 for the Phase 1 environmental, geotechnical study, appraisal, survey, title, title insurance and recordation expenses. These funds are available in the Minor Capital Reserve. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the purchase of approximately 0.761 acres of real estate (Tax Map Nos. 60.16 -8 -1 and 2) from B. Wayne Dunman and Rebecca J. Dunman for library purposes. 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, JUNE 28 2011 ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 0.781 ACRE OF REAL ESTATE (TAX MAP NOS. 80.18 -8 -1 AND 2) FROM B. WAYNE DUNMAN AND REBECCA J. DUNMAN FOR LIBRARY PURPOSES IN THE VI NTON MAGISTERIAL DISTRICT AND APPROPRIATING $883,300 FROM THE MINOR CAPITAL RESERVE WHEREAS, on June 8, 2011, Roanoke County entered into a contract of sale, subject to approval by the Board of Supervisors, with B. Wayne Dunman and Rebecca J. Dunman for the purchase of approximately 0.781 acre of real estate for - the purchase price of $840,000 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 Jane 14, 2011, and - the second reading was held on June 28, 2011; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract of sale dated June 8, 2011, for the acquisition of approximately 0.761 acre of real estate (Tax Map Nos. 60.16 -8 -1 and 2) for the sum of $840,000 is hereby approved and ratified and further that the acquisition of said real estate is hereby authorized and approved. 2. That the sum of $863,300 is available in the Minor Capital Reserve 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, and due diligence expenses prior to purchase. 3. That the Town of Vinton will reimburse the County $420,000 (one -half of the purchase price) over the next ten (10) years. As this money is received by the County, it will be appropriated to an account for expenses related to the design, demolition and construction of the new Vinton library. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute 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. S -7 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: June 28, 2011 Ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. for one year (plus option to extend for two (2) one -year periods) of commercial property located at 304 Pollard Street, Vinton, Virginia B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has negotiated a contract to acquire 0.781 acre from B. Wayne Dunman and Rebecca J. Dunman for $840,000 and 1.24 acres from Taz Wade, Inc. for $415,000. This property is located 304 Pollard Street, Vinton, Virginia. A building is located on the Dunman property and the Taz Wade, Inc. is used as a parking lot. Three ordinances are required to accomplish this transaction. The first ordinance would authorize the acquisition of 0.781 acre from the Dunmans; the second ordinance would authorize the acquisition of 1.24 acres from Taz Wade, Inc.; and the third ordinance would authorize a lease of these properties back to the Dunmans for a period of three (3) one - year lease terms for the continuation of the Dunman wholesale floral supply business at an annual lease payment of $45,000 per year. Each of these ordinances will require a separate Vote by the Board. The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a Vision for Page 1 of 2 downtown Vinton. Anew library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The purchase of this property will give Roanoke County control of the property and the ability to build a new library on this site at some point in the future. In addition, locating a new Vinton branch library on this property will support the Town of Vinton's plans. The Town has agreed to pay one -half (1/2) of the purchase prices for these two properties. 'fhe Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within the next ten (10) years. Staff has already received a Phase I environmental report on the property. This report has revealed several minor issues, which will have to be addressed with further testing and analysis. The County Charter requires two readings of an ordinance in order to purchase property. "Fhe first readings of these ordinances were held on June 14, 2011, and the second readings and public hearings were held on June 28, 2011. FISCAL IMPACT: The lease proceeds shall be allocated to a Vinton branch library account for future demolition, design and the construction of a new branch library. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the lease to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply, Inc. 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, JUNE 28, 2011 ORDINANCE AUTHORIZING THE LEASE TO B. WAYNE DUNMAN AND REBECCA J. DUNMAN T/A DUNMAN FLORAL SUPPLY, INC. FOR ONE YEAR (PLUS OPTION TO ExTEND FOR TWO ONE -YEAR PERIODS) OF COMMERCIAL PROPERTY LOCATED AT 304 POLLARD STREET, VINTON, VIRGINIA WHEREAS, Roanoke County is planning for the construction of a new Vinton branch library, and to implement this plan the County is acquiring approximately two (2) acres of real estate located at 304 Pollard Street, Vinton, Virginia; and WHEREAS, the construction of this new Vinton branch library is subject to future appropriations by a Board of Supervisors, and that this construction may not occur until 2018; and WHEREAS, the Board has determined that it is in the best interests of the County to lease this property to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply, Inc. for a period of time until the demolition of the existing structure and construction of a new branch library will occur; and 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 Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on June 14, 2011; the second reading and public hearing was held on June 28, 2011; and 2. That this property to be leased consists of portions of a building consisting of approximately 28,805 square feet and the adjoining parking area and is located at 304 Pollard Street, Vinton, Virginia; and 3. That it is in the County's best interests to lease this property to B. Wayne Dunman and Rebecca J. Dunman tla Dunman Floral Supply Inc. for one year with two additional one -year lease terms. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is Forty - five Thousand Dollars ($45,000); and Page 1 of 2 I That the rental income will be appropriated to an account for expenses related to the design, demolition and construction of 'the new Vinton library. 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. S -8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Ordinance authorizing the granting of a fifteen (15) foot utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.10 -02- 19.00) for the purpose of an underground electric power line to Waldrond Park, Hollins Magisterial District SUBMITTED BY: APPROVED BY: Joseph B. Obenshain Senior Assistant County Attorney B. Clayton Goodman III County Administrator Bp� COUNTY ADMINISTRATOR'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 upgrade the service to Waldrond Park. A drawing entitled "Proposed Right of Way on Property of Roanoke County Board of Supervisors" plan prepared by AEP, dated May 5, 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 Waldrond Park. 2. Decline to authorize the requested easement. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28 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. 027.10-02-19.00) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO WALDROND PARK, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing upgraded electrical service to Waldrond Park; and WHEREAS, granting this non - exclusive utility easement for an underground electric line is necessary for the operation of Waldrond Park; and WHEREAS, the proposed utility easement to Waldrond Park will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke county Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 14, 2011, and a second reading and public hearing was held on June 28, 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 non - exclusive utility easement. 3. 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 ", drawing No. V -2142, prepared by Appalachian Power Company and dated May 5, 2011, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be Page 1 of 2 necessary to accomplish this conveyance, all of which shall be on farm approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2of2 TAX PARCEL No. 027.10 -02- 19.00 -0000 Map No. 3780 - 181 -C3 W. O. No. W002167101 Prop No. 1 Job No. 11- 100022 THIS AGREEMENT, made this 5th day of May, 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 overhead and 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 027.10 -02- 19.00 -0000, situated in The Hollins Magisterial District, County of Roanoke, State of Virginia. Being a right of way and easement to provide electrical service to Walrond Park at 6842 Walrond Drive. Said right of way and easement depicted as a Proposed Underground Electric Line on Appalachian Power Company drawing No. V -2142, dated 5/5/2011, 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, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022 -2121 pedestals, risers, pads, fixtures 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 , 2011. 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 MD 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: 3 Proposed 15' Easement Area Roanoke County, Virginia T.D. 665000 Map Section 37800181C3