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HomeMy WebLinkAbout9/13/2011 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 13, 2011 RESOLUTION 091311-1 EXPRESSING SUPPORT FOR THE ROANOKE VALLEY/BLUE RIDGE PARKWAY TRAIL PLAN ENVIRONMENTAL ASSESSMENT WITH MODIFICATIONS AND AUTHORIZING THE SUBMITTAL OF THIS RESOLUTION TO THE NATIONAL PARK SERVICE WHEREAS, the National Park Service (NPS) has prepared an Environmental Assessment (EA) for the Roanoke Valley/Blue Ridge Parkway Trail Plan in accordance with the National Environmental Policy Act (NEPA) and has released the EA for public review; and WHEREAS, the NPS held a public forum on this EA on September 1, 2011, at the Explore Park Visitor Center and is currently accepting public comments; and WHEREAS, the intent of this EA is to determine whether development of an integrated trail system to provide critical linkages between the Roanoke Valley trail system and the Blue Ridge Parkway, between Stewarts Knob (Milepost 110.6) and Masons Knob (Milepost 126.2), is appropriate after consideration of such projects impact; and WHEREAS, the action alternatives proposed by the NPS may provide an enhanced range of trail opportunities to the public and provide the Parkway with assistance in maintenance and rehabilitation for the Roanoke Valley Greenway Commission and associated trail supporters; and WHEREAS, Roanoke County staff supports many of the proposed enhancements set forth in the EA Trail Plan alternatives but has concerns with certain Page 1 of 3 recommendations in the NPS preferred alternative, which concerns are shared by the City of Roanoke and the Roanoke Valley Greenway Commission; and WHEREAS, Roanoke County wishes to express its support of the NPS preferred modifications. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County, Virginia, expresses its support for Valley/Blue Ridge Parkway Trail Plan with the following modifications: a. Provide extension of the Roanoke River Greenway along the Roanoke River from the Parkway to Explore Park; exact route to be determined upon coordination with the National Park Service/Blue Ridge Parkway, the Roanoke Valley Resource Authority (RVRA), Explore Park/Virginia Recreational Facilities Authority and Roanoke County; b. Include a one-year pilot project to evaluate shared use of the Chestnut Ridge Loop for hikers, equestrians and mountain bikers; c. That unauthorized social trails providing public access to roads shall remain open until such time that resources are available to provide alternative access points for the citizens of the Roanoke Valley; further, that prior to the closure of Deer Trail, an unauthorized social trail, a paved connection for bicyclists be constructed through the ranger Page 2 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 13, 2011 RESOLUTION 091311-2 APPROVING PUBLIC ACCESS TRAIL AGREEMENT WITH HOLLINS UNIVERSITY PORTION OF THE TINKER CREEK GREENWAY (I-81 TO CARVINS COVE), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the 2007 Roanoke Valley Conceptual Greenway Plan proposes a Tinker Creek Greenway Trail to connect the Roanoke River Greenway and the Carvins Cove Natural Reserve, shown as Trail # 34, through a portion of the Hollins University campus and its adjoining property; and WHEREAS, Hollins University owns a substantial parcel of property adjoining the north side of US Interstate Route 81 (I-81) located in both Roanoke and Botetourt Counties which can provide the major length of public trail access from the northern end of Plantation Road to the Carvins Cove Natural Reserve; and WHEREAS, Roanoke County staff and Hollins University staff, with the support and assistance of the Roanoke Valley Greenway Commission, have over several years negotiated a mutually acceptable agreement to provide for the construction of a public access trail and parking lot across the property of Hollins University to connect with previously agreed upon trail access over privately owned parcels to connect to the Carvins Cove Natural Reserve; and WHEREAS, Hollins University has agreed to permit the construction across its property of a natural surface trail similar to the Appalachian Trail (AT) approximately three-quarter (¾) mile in length for the use of hikers, runners, walkers, mountain bikers and equestrians but prohibiting motorized vehicles with access from a parking lot to be constructed on Hollins University property; and Page 1 of 3 WHEREAS, the City of Roanoke and Botetourt County officials have been contacted and have expressed support concerning issues of access, maintenance and public safety response along the proposed trail length; and WHEREAS, the 2007 Comprehensive Parks Master Plan of the Department of Parks, Recreation and Tourism strongly support the extension of Greenway Trails in Roanoke County. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the negotiated Agreement between Hollins University and Roanoke County for a public access trail over property made available by Hollins University for a portion of the Tinker Creek Greenway to provide access from Plantation Road to Carvins Cove Natural Reserve, of the accompanying Board Report, located in Roanoke and Botetourt Counties, Virginia, is hereby approved. 2. That no capital improvement public funds shall be expended in the construction of this public access trail and parking lot. 3. That the County Administrator is hereby authorized to execute such agreement on behalf of Roanoke County upon such form as shall be approved by the County Attorney. 4. That this Resolution and the Agreement shall become effective from and after September 13, 2011. Page 2 of 3 ر´´·²­ Ò±®¬¸ Ю±°±­»¼ Ù®»»²©¿§ ᫬» ÷ÄÔÓÚÓÈû y xz èï ×ß Û¨·¬ ïìê } | ïï k Ю»°¿®»¼ ¾§ ¬¸» ðêêðïôíîðîôêìðíôçêðëôîèð α¿²±µ» Ê¿´´»§óß´´»¹¸¿²§ Ú»»¬ λ¹·±²¿´ ݱ³³·­­·±² Ó¿®½¸ îðïð AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE 091311-4 TO ACCEPT THE CONVEYANCE OF THIRTEEN (13) PARCELS OF UNIMPROVED REAL ESTATE FOR THE EXTENSION OF ALCOA ROAD TO THE BOARD OF SUPERVISORS AND TO AUTHORIZE THE ADDITION THEREOF TO THE STATE SECONDARY SYSTEM OF HIGHWAYS, VINTON MAGISTERIAL DISTRICT WHEREAS, as part of the acceptance of Alcoa Road as part of a Roanoke ition project funded in partnership with the Virginia Department of Transportation (VDOT), thirteen (13) adjacent land owners desired to donate portions of their property in fee simple to Roanoke for right-of-way purposes and drainage easements to improve roadway and construct a cul-de-sac at the terminus of Alcoa Road; and WHEREAS, Terence L. and Angelia Ann Kelley; Lillian R. Conner; James Adams and David Adams; Dean H. and Zola Mea Rorrer; Robert J. Wilhelm and Teresa J. Kessler; David Sink; Effie Marie Simmons; Joe D. and Velma H. Moore; Jeanette M. Baldwin; Kaye M. Garland have freely and voluntarily entered into deeds to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board of Supervisors to obtain ownership of each property for purposes of road construction upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests to the County of Roanoke be accomplished by ordinance; the first reading of this ordinance was held on August 23, 2011, and the second reading and public hearing was held on September 13, 2011. Page 1 of 7 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from Terence L. and Angelia Ann Kelley of approximately 0.0931 acre of real estate for purposes of location and construction of Alcoa Road as shown on a Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by TERENCEL.ANDANGELIAANNKELLEY Roanoke County Tax Map Parcel#79.03-05-73.00situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virginiadated June 6, 2011, is hereby authorized and approved. 2. That the acquisition from Lillian R. Conner of approximately 0.0422 acre of real estate for purposes of location and improvements of Alcoa Road, as shown on a Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by LILLIAN R. CONNER Roanoke county tax map parcel #79.03-05- 72.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, Virg dated June 6, 2011, is hereby authorized and approved. 3. That the acquisition from James Adams and David Adams of approximately 0.0634 acre of real estate for purposes of location and construction of Alcoa Road, Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by JAMES ADAMS AND DAVID ADAMS Roanoke County Tax Map Parcel #79.03-05-71.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. Page 2 of 7 4. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.1092 acre of real estate for purposes of location and construction of Alcoa Road, as Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03-05-70.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 5. That the acquisition from Robert J. Wilhelm and Teresa J. Kessler of approximately 0.0070 acre of real estate for purposes of location and construction of Alcoa Road, Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by ROBERT J. WILHELM AND TERESA J. KESSLER Roanoke County Tax Map Parcel #79.03-05-69.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 6. That the acquisition from David L. Sink of approximately 0.0694 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by DAVID L. SINK Roanoke County Tax Map Parcel #79.03-05-68.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 7. That the acquisition from Effie M. Simmons of approximately 0.0233 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by EFFIE MARIE SIMMONS Roanoke County Tax Map Parcel Page 3 of 7 #79.03-05-67.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 8. That the acquisition from Effie M. Simmons of approximately 0.0787 acre of real estate for purposes of drainage easement, Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by EFFIE MARIE SIMMONS Roanoke County Tax Map Parcel #79.03-05-67.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 9. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0047 acre of real estate for purposes of location and construction of Alcoa Road, as Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03-05-67.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 10. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.1069 acre of real estate for purposes of drainage easement, as shown on a plat Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03-05-67.01 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 11. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0047 acre of real estate for purposes of location and construction of Alcoa Road, as Plat showing right-of-way being conveyed to Board of Page 4 of 7 Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03-05-66.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 12. That the acquisition from Dean H. and Zola M. Rorrer of approximately 0.0052 acre of real estate for purposes of location and construction of Alcoa Road, as Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by DEAN H. AND ZOLA M. RORRER Roanoke County Tax Map Parcel #79.03-05-65.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 13. That the acquisition from Joe D. and Velma H. Moore of approximately 0.0107 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a plat enPlat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by JOE D. AND VELMA H. MOORE Roanoke County Tax Map Parcel #79.03-05-64.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 14. That the acquisition from Joe D. and Velma H. Moore of approximately 0.1084 acre of real estate for purposes of drainage easement, as shown on a plat Plat showing drainage easement being conveyed to Board of Supervisors, Roanoke County by JOE D. AND VELMA H. MOORE Roanoke County Tax Map Parcel #79.03-05-64.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 15. That the acquisition from Kaye M. Garland of approximately 0.0120 acre of real estate for purposes of location and construction of Alcoa Road, as shown on a Page 5 of 7 Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by Kaye M. GARLAND Roanoke County Tax Map Parcel #79.03-05- 63.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 16. That the acquisition from Jeanette M. Baldwin of approximately 0.0137 acre of real estate for purposes of location and construction of Alcoa Road, as shown Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by JEANETTE M. BALDWIN Roanoke County Tax Map Parcel #79.03-05-62.00 situated along Alcoa Road, Vinton Magisterial District, Roanoke County, V dated June 6, 2011, is hereby authorized and approved. 17. That the addition and improvement of Alcoa Road to the Secondary System of State Highways of the Commonwealth of Virginia is hereby proposed upon the conveyance and recordation of the deeds from the above described land owners to the Board of Supervisors of Roanoke County, Virginia. The Board approved and adopted a resolution requesting that this street be added to the secondary road system of the state highways under the Rural Road Addition program. 18. 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 6 of 7 ACTION NO. __A-091311-5.d__ ITEM NO. _______H-4___ ____ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Confirmation of appointments to the Capital Improvement Program (CIP) Review Committee SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) Supervisor Flora has reappointed Becky Walter to represent the Hollins Magisterial District for an additional one-year term, which will expire on August 31, 2012. Confirmation has been added to the consent agenda. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Yes No Absent Ms. Moore Mr. Altizer Mr. Flora Mr. Elswick Mr. Church Page 1 of 1  ACTION NO. __A-091311-5.a__ 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 DATE: September 13, 2011 AGENDA ITEM: Request to accept and appropriate funds in the amount of $71,050 to the Roanoke County Public Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Race to General Education Diploma (GED) grant is part of the adult education program in Roanoke County. Race to GED is an innovative approach to adult education based on two instructional programs: GED Fast Track and GED Prep. These two programs assess what a person already knows and prescribe instruction to prepare adults for success on GED Tests. The time it takes to earn a GED is dramatically shortened, from one year required in traditional adult education, to three months or less with GED Fast Track and only one hundred and eighty (180) days with GED Prep. The initiative targets working age adults, eighteen to sixty-four (18 to 64) years of age, who are employed or employable and can demonstrate academic readiness to prepare for and pass the English version of the GED Tests. GED graduates are competent in the workplace, qualified for advancement to higher-level skills, and capable of achieving in post secondary education or technical-skills certification. The grant award is in the amount of $71,050. FISCAL IMPACT: The Adult Education Budget will be increased by $71,050. Page 1 of 2  STAFF RECOMMENDATION: Accept and appropriate the Race to General Education Diploma grant funds in the amount of $71,050 to the Schools. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Yes No Absent Ms. Moore Mr. Altizer Mr. Flora Mr. Elswick Mr. Church cc: Brenda Chastain, Clerk to the Roanoke County School Board Diane Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2  ACTION NO. __A-091311-5.b__ ITEM NO. _______H-2________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Request to accept and appropriate funds in the amount of $21,738 to the Sheriff- 2011-DJ- BX-2078, approved by the Department of Justice, Bureau of Justice Assistance SUBMITTED BY: Michael G. Winston Sheriff APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Department of Justice-Bureau of Justice Assistance. This program will provide funds to ensure the continuation of the Weekend Inmate Work Force Program. These funds will be used to pay for the Deputies providing supervision of these inmates. FISCAL IMPACT: This grant requires no match. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the Bureau of Justice Assistance grant from the Department of Justice in the amount of $21,738 . Page 1 of 2  VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Yes No Absent Ms. Moore Mr. Altizer Mr. Flora Mr. Elswick Mr. Church cc: Sheriff Winston Rebecca Owens, Director of Finance 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, SEPTEMBER 13, 2011 RESOLUTION 091311-5.c ACCEPTANCE OF A PORTION OF ALCOA ROAD, VINTON MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as set out therein, except as otherwise prohibited by subsection B of §33.1-72.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 241,000.00. NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby Page 1 of 3 guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: Map of Gearheardt Lands Name of Street: Alcoa Road From: Mayfield Drive, Rte. 659 To: Proposed cul-de-sac Length: 0.21 miles Guaranteed Right-of-Way Width: 40 feet + (R/W Width Varies) _________________________________________________________ Right of Way ___________ or Instrument Instrument #: 0000000, 0000000 000000 Reference and Date Recorded: 09/14/2011 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds Amount Roanoke County Secondary Six Year State Funds $ 241,000.00 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and Page 2 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 13, 2011 ORDINANCE091311-7AMENDING THE ROANOKE COUNTY ZONING ORDINANCE BY THE ADDITION OF AMENDMENTS RELATING TO LARGE AND UTILITY WIND ENERGY SYSTEMS, INCLUDING AMENDMENTS TO SECTION 30-29 “USE TYPES; GENERALLY,” VARIOUS SECTIONS IN ARTICLE III “DISTRICT REGULATIONS,” AND A NEW SECTION 30-87-7 “WIND ENERGY SYSTEM, LARGE; AND WIND ENERGY SYSTEM, UTILITY” IN ARTICLE IV. “USE AND DESIGN STANDARDS” WHEREAS, in June 2009 the Roanoke County Planning Commission and Community Development staff identified various provisions of the Roanoke County Zoning Ordinance to review and update as provided in Section 30-14 of the Roanoke County Code and Section 15.2-2285 of the Code of Virginia; and, WHEREAS, wind energy was one topic identified not only by County staff but also requested by citizens for further research to develop provisions to recommend be incorporated into the Zoning Ordinance; and, WHERAS, the Planning Commission has reviewed wind energy issues in ten (10) work sessions over the past eighteen (18) months, and on January 24, 2011, completed its recommendations for proposed amendments incorporating small wind energy systems; and, WHEREAS, wind energy is a renewable source of alternative energy and alternative sources of energy are beneficial to Roanoke County, the Commonwealth of Virginia and the United states of America; and, WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, Page 1 of 11 WHEREAS, by Ordinance 022211-4 adopted on February 22, 2011, the Board of Supervisors adopted amendments to the County zoning ordinance relating to small wind energy systems; and WHEREAS, the Planning Commission held its public hearing on these proposed amendments on March 1, 2011, after legal notice and advertisement as required by law; and, on May 17, 2011 recommended approval of these proposed amendments to the zoning ordinance; and, WHEREAS, the Board of Supervisors held work sessions on these proposed amendments to the zoning ordinance on June 14, 2011 and July 12, 2011; and WHEREAS, the Board of Supervisors held its first reading on this ordinance on July 26, 2011, its public hearing after legal notice and advertisement as required by law on August 23, 2011, and second reading on September 13, 2011. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That the following sections of the Roanoke County Zoning Ordinance be amended to read and provide as follows. ARTICLE II - DEFINITIONS AND USE TYPES SEC. 30-29. USE TYPES; GENERALLY. Definitions: Wind energy system, large: A wind energy conversion system consisting of one or more wind turbines, towers and associated control or conversion electronics, having a rated nameplate capacity of not more than 999 kilowatts (kW). For purposes of non-residential net metering, Virginia Code Sec. 56-594B limits the electrical generating facility to a capacity of not more than 500 kilowatts. Page 2 of 11 Wind energy system, utility: A wind energy conversion system consisting of more than one wind turbine, towers and associated control or conversion electronics, having a rated nameplate capacity of one (1) megawatt (MW) or greater. ARTICLE III – DISTRICT REGULATIONS SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 5. Miscellaneous Uses Wind Energy System, Large* Wind Energy System, Utility* SEC. 30-33. AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 6. Miscellaneous Uses Wind Energy System, Large* Wind Energy System, Utility* SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Miscellaneous Uses Wind Energy System, Large* Wind Energy System, Utility* Page 3 of 11 SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30-62-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Miscellaneous Uses Wind Energy System, Large* Wind Energy System, Utility* ARTICLE IV – USE AND DESIGN STANDARDS SEC. 30-87. MISCELLANEOUS USES. Sec. 30-87-7. Wind Energy System, Large; and Wind Energy System, Utility. (A) Purpose and Intent: The purpose of this ordinance is to provide regulations for the placement, design, construction, monitoring, operation, modification, and removal of large wind energy systems and utility wind energy systems, while addressing public safety, minimizing impacts on scenic, natural and historic resources of the County and not unreasonably interfering with the development of independent renewable energy sources. (B) General Standards: 1. Type of Tower: The tower component of any large wind energy system or utility wind energy system shall be one of monopole design that is recommended and certified by the manufacturer. 2. Tower Color: Any large wind energy system tower or utility wind energy system tower shall maintain a white or galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The Board of Supervisors may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness. 3. Setbacks: Large wind energy systems and utility wind energy systems shall be set back a distance of four hundred and fifty (450) feet or one hundred ten percent (110%) of the height of the wind energy system from all adjoining non- participating property lines, whichever is greater, and systems shall be set back a distance of one thousand (1,000) feet from existing dwelling units on non- Page 4 of 11 participating properties, whichever is greater. The Board of Supervisors may modify the required setbacks from property lines and existing dwelling units as appropriate based on site specific considerations during the special use permit process. Setbacks shall be measured from the base of the tower of the wind energy system. 4. System Height and Separation: The maximum height of a large wind energy system or utility wind energy system, and the minimum distance required between these systems’ towers shall be established during the special use permit process by the Board of Supervisors. System height is defined as the vertical distance measured from average grade at the base of the tower to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. The system height established through a special use permit shall supersede any other height requirement in the zoning ordinance. 5. Noise: Large wind energy systems and utility wind energy systems shall not exceed 60 decibels (dB(A)), as measured from the closest non-participating property line. Based upon site specific considerations, the Board of Supervisors may modify the decibel level during the special use permit process. An analysis, prepared by an acoustical engineer with a professional engineering license in the Commonwealth of Virginia, shall be provided to demonstrate compliance with this noise standard. 6. Shadowing/Flicker: Large wind energy systems and utility wind energy systems shall be sited in a manner that minimizes shadowing and flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses through the appropriate siting of the facility or through mitigation. 7. Lighting: Large wind energy systems and utility wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or an appropriate authority. 8. Communication Interference: Large wind energy systems and utility wind energy systems shall be sited in a manner that causes no disruption or loss of radio, telephone, television or similar signals or service. If loss or disruption occurs due to the operation of the large wind energy system or utility wind energy system, the applicant shall be required to provide appropriate mitigation measures to ensure that the signal or service is restored within 24 hours. 9. Airports: No large wind energy systems and utility wind energy systems shall be constructed unless the applicant has i.) first completed and submitted a Federal Aviation Administration (FAA) Form 7460-1 to the FAA for the preparation of an aeronautical study and determination of there being no Hazard to Air Navigation prior to filing an application for a special use permit; and ii.) has provided a copy of the completed FAA Form 7460-1, including all attachments and the FAA’s Page 5 of 11 case study number, to the Executive Director of the Roanoke Regional Airport Commission at least 30 days prior to filing an application for a special use permit. 10. Zoning Overlay Districts: Large wind energy systems and utility wind energy systems 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. 11. Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows: (a) Manufacturer’s or installer’s identification on the wind turbine; and (b) Appropriate warning signs and placards. 12. Speed Controls: Large wind energy systems and utility wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system. 13. Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility. Adherence to Erosion and Sediment Control regulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the wind energy system or the maintenance thereof. 14. Monitoring and Maintenance: The applicant shall maintain large wind energy systems and utility wind energy systems in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the Zoning Administrator in accordance with the County’s Fire Access Code. The project owner shall be responsible for the cost of maintaining the large wind energy system and the utility wind energy system and access roads, unless accepted as a public way, and the cost of repairing and damage occurring as a result of operation and construction. 15. Removal of Defective or Abandoned Large Wind Energy Systems or Utility Wind Energy Systems: (a) At such time that a large wind energy system or utility wind energy system is known to be abandoned or discontinued, the owner shall notify the Zoning Administrator within ten (10) days of such knowledge by Page 6 of 11 certified mail of the proposed date of abandonment or discontinuance of operations. (b) Within 180 days of the known date of abandonment or discontinuation, the owner shall physically remove the large wind energy system or utility wind energy system. This period may be extended at the request of the owner and at the discretion of the County. Physically remove shall include but not be limited to: i. Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers, underground wiring and all appurtenant structures from the subject property; ii. Proper disposal of all solid and hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations; iii. Restoration of the location of the large wind energy system or utility wind energy system to its natural preexisting condition, except that any landscaping or grading may remain in the after- condition if a written request is submitted by the owner of the system to the County. iv. Foundations shall be removed to a depth of three (3) feet below ground level and covered to an equivalent depth with fill material. At the time of removal, the site shall be restored to its preexisting condition. If a written request is submitted by the owner of the system to the County then this requirement may be waived or altered for any other legally authorized use. Restoration shall be verified by the County. (c) If the large wind energy system or utility wind energy system, or any part thereof, is inoperable for more than ninety (90) days and the owner fails to give such notice to the County, then the large wind energy system or utility wind energy system shall be considered abandoned or discontinued. If the owner provides the County with proof that repair parts have been ordered or maintenance has been scheduled, then the County has the option to extend the time period for determining that the system has been abandoned or discontinued. The County shall determine in its decision what proportion of the large wind energy system or utility wind energy system is inoperable for the wind energy system to be considered abandoned. The enforcement of any decision of abandonment or inoperability shall follow the procedures established in Section 30-21 of this Code. (d) Decommissioning: Page 7 of 11 i. If an applicant fails to remove a large wind energy system or utility wind energy system in accordance with this section of the ordinance, the County shall have the authority to enter the subject property and physically remove the facility. The County shall require the applicant, and/or subsequent owners of the property or large wind energy system or utility wind energy system, to provide a form of surety mutually agreeable to the applicant and the County to cover costs of the removal in the event the County must remove the facility. ii. Prior to obtaining a Certificate of Occupancy and Zoning th Compliance from the County and on every fifth (5) anniversary of the commencement of the commercial operation of the project, the applicant shall provide to the County an estimate of the projected cost of removing the turbines and other equipment from the site as determined by an independent engineer mutually agreeable to the applicant and County (“Gross Decommissioning Cost’). iii. Based on this determination, the applicant shall post and maintain decommissioning funds in an amount equal to the gross cost of decommissioning. If the County is responsible for decommissioning then the County shall retain any salvage value. iv. Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be mutually acceptable to the applicant and the County. 16. Compliance with Other Regulations: Large wind energy systems and utility wind energy systems shall comply with all applicable local, state and federal regulations. 17. Application Requirements: (a) All potential applicants for a large wind energy system or utility wind energy system shall consult with County staff at least thirty (30) days prior to submitting an application. During this consultation, the applicant shall present information to the County staff regarding the proposed project, its objectives and its potential site and viewshed impacts including potential direct and indirect impacts to a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project. The staff shall provide the potential applicant with information on County policies and standards for large wind energy systems and utility wind energy systems. Page 8 of 11 (b) In addition to the application requirements contained in Section 30-19-2 of this ordinance, all applications for a large wind energy system or utility wind energy system shall provide the following at the time of the application: i. A detailed concept plan with project location maps that show the location and clearing limits of all components of the large wind energy system or utility wind energy system. Project components include, but are not limited to: roads, power lines and other project infrastructure; collector, distribution and transmission lines; temporary or permanent storage lay down areas; substations; and any structures associated with the project. ii. A description and analysis of existing site conditions, including information on topography, archaeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. iii. Accurate, to scale, photographic simulations showing the relationship of the large wind energy system or utility wind energy system and its associated facilities and development (i.e. substation, appurtenances, disturbed areas, etc.) to its surroundings. The photographic simulations shall show such views of wind energy structures from locations such as property lines and roadways, as deemed necessary by the County in order to assess the visual impact of the large wind energy system or utility wind energy system. The total number of simulations and the perspectives from which they are prepared shall be established by the County staff at the pre-submission consultation required in section 17 (a) above. County staff will work with all national or state forest, national park or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project to establish which possible observation points and visual simulations will be necessary to represent the most sensitive views from which the project will be visible. iv. Sound study providing an assessment of pre-construction and post- construction conditions. Additionally, the applicant shall provide documentation regarding noise complaint response procedures and protocol for post-construction monitoring. v. A phasing schedule for the construction of the large wind energy system or utility wind energy system, including staging areas, off- site storage facilities and transportation routes. Page 9 of 11 vi. Written verification that all required submittals to the Federal Aviation Administration (FAA) have been submitted, including a copy of the completed FAA Form 7460-1 and all attachments. A copy of the FAA’s written determination of whether the proposed large wind energy system or utility wind energy system would create a Hazard to Air Navigation shall be submitted. vii. A summary of the wind data gathered for the proposed large wind energy system or utility wind energy system. The dates and periods of the collection of the wind data shall also be submitted. The applicant shall provide access to the wind data for County staff or its consultant(s), as needed. viii. The County shall provide written notification to the office of a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site, if a proposed wind energy system is within five (5) miles of the boundary of said entity. ix. Information (including modeling) regarding the impacts from shadowing and shadow flicker for the proposed large wind energy system or utility wind energy system during different times of the year (seasonal) and different times of the day. x. Additional information as deemed necessary by County staff. (c) The applicant shall be responsible for all fees associated with the filing of the application including the cost of any independent analysis deemed necessary by the county to verify the information submitted for the large wind energy system or utility wind energy system. (d) The applicant shall conduct public information meeting(s) to discuss its development plans and obtain community feedback. (e) The applicant shall provide the County with a property value protection plan. Page 10 of 11 ACTION NO. __A-091311-3___ ITEM NO. _______D-3________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 13, 2011 AGENDA ITEM: Request to appropriate $17,225 to repair the retaining wall at the Vinton Library SUBMITTED BY: Diane D. Hyatt Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: th During the weekend of July 4, an eighty (80) foot section of the one hundred and thirty (130) foot retaining wall at the Vinton library collapsed. County grounds maintenance crews have secured the area while we obtained bids for its repair. Attachment A shows the section of wall that collapsed. The Board recently purchased land for a future site of a new Vinton library. Because of this, staff does not think it is financially wise to repair or replace the entire retaining wall at this time. However, we would like to use modern construction methods to rebuild the section that collapsed. This would include installing rebar inside the cement block, fronting it with brick, and adding weep holes. In addition, the bid includes removing the large bush that is pushing against the wall. FISCAL IMPACT: Bids were obtained to perform this repair work. The work can be done for $17,225. Money is available in the County Minor Capital Fund. STAFF RECOMMENDATION: Staff recommends appropriating $17,225 from the Minor Capital Fund to remove the large bush and to repair the retaining wall at the Vinton Library. Page 1 of 2  VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Yes No Absent Ms. Moore Mr. Altizer Mr. Flora Mr. Elswick Mr. Church cc: Diane Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2