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Home My WebLink About5/26/2015 - RegularINVOCATION: Pastor Adrian Dowell Shiloh Baptist Church Roanoke County Board of Supervisors May 26, 2015 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 6 Roanoke County Board of Supervisors Agenda May 26, 2015 Good afternoon and welcome to our meeting for May 26, 2015. 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. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. 11 C OPENING CEREMONIES (3:00 p.m.) 1. Roll Call REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of May 24-30, 2015, as Business Appreciation Week in the County of Roanoke (Jill Loope, Director of Economic Development) D. BRIEFINGS E. NEW BUSINESS Page 2 of 6 F. PUBLIC HEARING AND ADOPTION OF RESOLUTION (CONTINUED FROM MAY 12, 2015) Resolution approving the reorganization and expansion of the Western Virginia Water Authority by providing that Botetourt County join the Authority, and approving and authorizing the execution of a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joiner (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 Carl and Carol Slate to obtain a special use permit for a private stable in a R-1, Low Density Residential, District, on approximately 2.012 acres, located at 7904 Carvin Street, Hollins Magisterial District H. FIRST READING OF ORDINANCES Ordinance of the Board of Supervisors of the County of Roanoke, Virginia providing for the Economic Development Authority of the County of Roanoke, Virginia to issue Lease Revenue Refunding Bonds to refund outstanding Lease Revenue Bonds (Public Facility Projects), Series 2008 (Rebecca Owens, Director of Finance) ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2015-2016 budget, including the fiscal years 2016-2020 Capital Improvement Plan, for Roanoke County, Virginia (W. Brent Robertson, Director of Management and Budget) 2. Ordinance to appropriate funds for the fiscal year 2015-2016 budget and approval of the Classification Plan for fiscal year 2015-2016 (W. Brent Robertson, Director of Management and Budget) J. SECOND READING OF ORDINANCES Ordinance to approve Intergovernmental Agreement between the County of Roanoke, the City of Roanoke and the County of Franklin for a Joint Public Safety Radio System known as the Roanoke Valley Radio System (Bill Hunter, Director of Communications and Information Technology; Ruth Ellen Kuhnel, Senior Assistant County Attorney) Page 3 of 6 2. Ordinance approving a lease amendment agreement for the Tinker Mountain Tower site (Rob Light, Acting Director of General Services; Susan Slough, Assistant Director of Communications) 3. Ordinance accepting and appropriating a Stormwater Management (SWM) Program fee in the amount of $14,904 from the Department of Environmental Quality to the Department of Community Development's minor capital National Pollutant Discharge Elimination System (NPDES) account for stormwater permit fees collected from local projects prior to July 1, 2014 (Tarek Moneir, Deputy Director of Development) K. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Counsel (At Large) 3. Economic Development Authority (appointed by District) 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes —April 28, 2015 2. Confirmation of appointments to the Clean Valley Council, Roanoke Valley - Alleghany Regional Commission, Roanoke Valley Convention and Visitors Board and the Western Virginia Regional Water Authority 3. Request to accept and allocate funds in the amount of $1,382.64 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2014/2015 M. CITIZENS' COMMENTS AND COMMUNICATIONS Page 4 of 6 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2015 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2015 7. Accounts Paid —April 30, 2015 8. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 30, 2015 O. WORK SESSIONS 1. Work session to discuss House Bill 2 with Michael Gray, District Planner and Dan Collins, Residency Administrator, Virginia Department of Transportation (Richard L. Caywood, Assistant County Administrator; David Holladay, Planning Administrator) 2. Work session to discuss Roanoke County's Secondary Roads System Six - Year Improvement Plan for fiscal years 2016-2021 (David Holladay, Planning Administrator) EVENING SESSION P. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of PEG Bandwidth to amend a Special Use Permit condition to allow for the addition of a microwave antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density, District with Special Use permit and AV, Agricultural/Village Center, District on approximately 35.85 acres, located at 6334 Franklin Road, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) Page 5 of 6 2. The petition of The Branch Family LLC to obtain a special use permit for equipment sales and rentals in a C -2C, High Intensity Commercial, District, with conditions on an approximately 1.516 acre lot, located near 5130 Peters Creek Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) Q. CITIZEN COMMENTS AND COMUNICATIONS R. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Al Bedrosian 2. Joseph B. "Butch" Church 3. Joseph P. McNamara 4. Charlotte A. Moore 5. P. Jason Peters S. ADJOURNMENT Page 6 of 6 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 DATE: May 26, 2015 AGENDA ITEM: Proclamation declaring May 24 through 30, 2015, as Business Appreciation Week in the County of Roanoke SUBMITTED BY: Jill B. Loope Director of Economic Development APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Economic Development is requesting the Board of Supervisors declare the week of May 24 through 30, 2015, as Business Appreciation Week in Roanoke County. This week commemorates all business partners, both large and small fortheir contributions to fostering an attractive and prosperous business environment in Roanoke County. While Roanoke County continues the tradition of celebrating Business Appreciation Week, we acknowledge that every week should be business appreciation week based upon the daily contributions of our business community. We also wish to recognize the positive impact by our business partners who are the cornerstone for our citizen's quality of life. Mr. Dale Turner, founder and President and Mr. Donnie Martin, Chief Operating Officer with Magnets USA, as well as Mr. Scott Easter, Chief Operating Officer and Dan Early, Chief Technology Officer of Apptech Solutions will be present to accept the proclamation on behalf of the Roanoke County business community. It is appropriate that both companies participate in this recognition, as they recently announced expansion projects in the County with plans to create over 125 new jobs. The Economic Development Department assisted the businesses in obtaining over $98,000 in workforce training assistance from the Virginia Economic Development Partnership, which further demonstrates the value of public/private partnerships for economic development. Apptech Solutions and Magnets USA exhibit all of the qualities that are celebrated during Business Appreciation Week 2015, and we are pleased that they have chosen Roanoke County to expand their business. Page 1 of 1 C-1 � IILttttv of YvoanokQ ortantat 1474 O� ROANO�rE' ti A Z � � 2 1838 DECLARING THE WEEK OF MAY 24-30, 2015 AS BUSINESS APPRECIATION WEEK IN THE COUNTY OF ROANOKE WHEREAS, the County of Roanoke is proud to have a dynamic base of business and industry which contributes to an emergent local economy; and WHEREAS, these business partners create wealth in the County of Roanoke by capital investment and the creation of essential employment opportunities for Roanoke citizens; and WHEREAS, the County of Roanoke recognizes that existing businesses play a crucial role in sustaining the economic well-being, and in building a prosperous community through charitable, civic and philanthropic contributions; and WHEREAS, the Board wishes to acknowledge the leadership role embodied by the entire existing business community, express its respect and convey to these business partners the esteem in which they are held. NOW THEREFORE, we, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week May 24-30, 2015, as BUSINESS APPRECIATION WEEK in the County of Roanoke; and FURTHER, by this proclamation give notice to our citizens that the businesses of Roanoke County epitomize this year's theme of a "New Virginia Economy" in 2015 through enhancing our infrastructure; diversifying and growing our strategic industry sectors; solidifying and promoting our competitive business climate; nurturing a sustainable entrepreneurial environment; and equipping Virginia's workforce with in -demand skill sets to meet current and future business needs. Presented this 26th day of May 2015 P. Jason Peters, Chairman .0 J eph P. McNamara, Vice -Chairman AlV pj� Bedrosian I/JoS ph B. `Butch" Church f��a ac Q ro.—C Charlotte A. Moore ACTION NO. ITEM NO. F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Resolution approving the reorganization and expansion of the Western Virginia Water Authority by providing that Botetourt County join the Authority and approving and authorizing the execution of a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joinder SUBMITTED BY: APPROVED BY: Paul M. Mahoney County Attorney Thomas G. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This resolution reorganizes and expands the Western Virginia Water Authority by approving the addition of Botetourt County. City of Roanoke, Franklin County, Botetourt County and Roanoke County will have to adopt concurrent resolutions approving and authorizing the joinder of Botetourt County to the Authority. Each jurisdiction has scheduled and will hold a public hearing on this expansion and adoption of the resolution. This reorganization and expansion of the Authority will be effective July 1, 2015. Roanoke County can appoint three (3) members to the Authority. The amended Articles of Incorporation addresses the appointment of Roanoke County's members as follows: The appointments for the member positions of Mr. Goldsmith by Roanoke County and of Mr. Fink by the City of Roanoke and the appointment of Botetourt County's member have not been determined as of the date of advertisement of the public hearing on this resolution and these Articles will Page 1 of 2 be conformed to the appointments made prior to the filing of these Articles with the State Corporation Commission in June, 2015. All terms will end on June 30 in the last year of the appointed terms. This note will be removed from these Articles when they are filed with the State Corporation Commission. On May 12, 2015, the Board of Supervisors continued the public hearing and adoption until May 26, 2015, in order to hold a closed session to appoint a member to the authority to complete the amended Articles of Incorporation. FISCAL IMPACT: None ALTERNATIVES: 1. Adopt the attached resolution and expand the Authority to include Botetourt County. 2. Reject the attached resolution and decline to add Botetourt County to the Authority. STAFF RECOMMENDATION: Continue the public hearing on the expansion of the Authority by the joinder of Botetourt County; and consider the adoption of the attached resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 RESOLUTION APPROVING THE REORGANIZATION AND EXPANSION OF THE WESTERN VIRGINIA WATER AUTHORITY ("AUTHORITY") BY PROVIDING THAT BOTETOURT COUNTY, VIRGINIA, JOIN THE AUTHORITY; APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY TO ACCOMPLISH SUCH JOINDER; AND AUTHORIZING THE APPROPRIATE PUBLIC OFFICIALS TO TAKE ANY ACTIONS AND EXECUTE ANY DOCUMENTS NECESSARY TO ACCOMPLISH SUCH MATTERS, ALL IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.2-5112 WHEREAS, the Council of the City of Roanoke, Virginia, ("City of Roanoke"), the Board of Supervisors of Franklin County, Virginia, ("Franklin County"), and the Board of Supervisors of Botetourt County, Virginia, ("Botetourt County") have or will determine that it is in the best interest of their citizens that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("Board of Supervisors") desires to approve of Botetourt County, Virginia, becoming a member of the Authority by the adoption of this resolution concurrently (or in concert) with resolutions adopted or to be adopted by the City of Roanoke, Franklin County, and Botetourt County; and WHEREAS, after proper advertisement, a public hearing has been held by this Board in accordance with the requirements of Section 15.2-5104 of the Act. Page 1 of 10 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board of Supervisors of Roanoke County, Virginia, hereby determines that it is in the best interest of the citizens of Roanoke County, Virginia, that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority and approves the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority as contained in Section 6 of this resolution. 2. The Board of Supervisors hereby authorizes the Chairman and the Clerk to the Board to execute and attest or witness, respectively, such Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority in a form substantially similar to those set forth in Section 6 below, with such minor revisions and adjustments as the Chairman shall approve. 3. The Board of Supervisors hereby agrees that the Authority shall be reorganized and expanded in accordance with the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority mentioned above upon the issuance of a Certificate of Joinder and/or Restatement issued by the Virginia State Corporation Commission. 4. The Board of Supervisors does hereby FIND as a matter of fact that inclusion in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority of preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for services of such projects as certified by responsible engineers is impractical. Page 2 of 10 5. As provided for in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, the Board of Supervisors hereby appoints the following three (3) persons to be the Roanoke County representatives and that such persons' initial terms will start on the date of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and/or Restatement and expire on the dates indicated next to their names. Roanoke County Appointees NAME ADDRESS EXPIRATION OF INITIAL TERM Donald L. Davis 1031 Halliahurst Avenue June 30, 2018 Vinton, VA 24179 Thomas C. Gates 5204 Bernard Drive June 30, 2019 Roanoke, Virginia 24018 H. Odell Minnix 3314 Kenwick Trail June 30, 2016 Roanoke, VA 24018 Upon expiration of the initial term of office, and any future term of office, the Board of Supervisors shall appoint a person (who can be the same person whose term expired) to be a member of the Board of the Authority for four (4) years from the date of the initial expiring term and any future expiring term of office. The total number of members that Roanoke County, Virginia, will have on the Board of the Authority will be three (3) members. 6. The Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority are set forth below. They shall be deemed amended, restated, and effective upon the date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State Corporation Commission as provided for in Virginia Code Section 15.2-5112. Page 3 of 10 SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia, as well as the Board of Directors of the Western Virginia Water Authority, have by concurrent resolutions adopted the following Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Tile 15.2 of the 1950 Code of Virginia as amended) (the "Act") ARTICLE I The name of the Authority shall be the Western Virginia Water Authority (the "Authority") and the address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011. ARTICLE II The names of the political subdivisions participating in the Authority are Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, and Botetourt County, Virginia, (collectively the "Localities"), each of which hereby acknowledges, covenants, and agrees that these Second Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the Localities. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from the City of Roanoke and Roanoke County. (1) The inclusion of additional political subdivisions in the Authority; and Page 4 of 10 (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or for the acceptance and treatment of waste water. ARTICLE III The Board of the Authority shall consist of eight (8) members. The names, addresses, and terms of office of the initial members of the reconstituted Board of the Western Virginia Water Authority are as follows: The initial term of each member shall start on the date of issuance by the Virginia State Corporation Commission of a certificate of joinder or restatement and expire on the date indicated below. Name John P. Bradshaw, Jr Donald L. Davis Address 3132 Burnleigh Road, SW Roanoke, Virginia 24014 (Roanoke City Appointee) 1031 Halliahurst Avenue Vinton, Virginia 24179 (Roanoke County Appointee) Marc Fink Finks Jewelers 3545 Electric Rd Roanoke Virginia 24018 (Roanoke City Appointee) R. Gray Goldsmith Valley Bank 36 Church Avenue Roanoke, Virginia 24001 (Roanoke County Appointee) Page 5 of 10 Expiration of Term of Office June 30, 2017 June 30, 2018 June 30, 2015* June 30, 2015* Shirley B. Holland 161 Lila Lane June 30, 2018 Boones Mill, Virginia 24065 (Franklin County Appointee) Harvey Brookins Freedom First June 30, 2016 5240 Valley Park Drive Roanoke, Virginia 24019 (Roanoke City Appointee) H. Odell Minnix 3314 Kenwick Trail June 30, 2016 Roanoke, Virginia 24018 (Roanoke County Appointee) TBA* June 30, 2017 *The appointments for the member positions of Mr. Goldsmith by Roanoke County and of Mr. Fink by the City of Roanoke and the appointment of Botetourt County's member have not been determined as of the date of advertisement of the public hearing on this resolution and these Articles will be conformed to the appointments made prior to the filing of these Articles with the State Corporation Commission in June, 2015. All terms will end on June 30 in the last year of the appointed terms. This note will be removed from these Articles when they are filed with the State Corporation Commission. Upon expiration of the foregoing terms of office, the governing body of the participating political subdivision that appointed the person whose term expired shall appoint, for the times set forth below, a person to be such participating political subdivision's appointee, which can be the same person whose term expired, and the total number of members for each participating political subdivision will be the number of members set forth opposite its name below: Roanoke County — Three, for terms of four years each City of Roanoke — Three, for terms of four years each Franklin County — One, for a term of four years Page 6 of 10 Botetourt County — One, for a term four years The governing body of each of the Localities shall be empowered to remove at any time, without cause, any member appointed by it and to appoint a successor member to fill the unexpired portion of the removed member's term, and shall be empowered to appoint a successor member to fill the unexpired term of a member such Locality appointed who may resign or no longer be able to serve. Each Board member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. Upon expiration of the term of a member, such member will continue to serve until the governing body of the Locality appointing such member appoints a successor member, removes such member, or reappoints such member. ARTICLE IV The purposes for which the Authority is being reorganized are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain water, waste water, sewage disposal, and stormwater control systems and related facilities pursuant to the Act. The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for services of the proposed projects. Page 7 of 10 ARTICLE V The Authority shall serve Roanoke County, the City of Roanoke, Franklin County, and Botetourt County, Virginia, and, to the extent permitted by the Act and the terms of these Articles, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to appropriate contracts, either within or without Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, or Botetourt County, Virginia. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia and the Board of Directors of the Western Virginia Water Authority have caused these Second Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and/or clerks of each. [SIGNATURE PAGE TO FOLLOW] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 8 of 10 SIGNATURE PAGE TO SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY WESTERN VIRGINIA WATER AUTHORITY CITY OF ROANOKE, VIRGINIA Bv: Shirley B. Holland, Chair Attest: (SEAL) Gayle Shrewsbury, Secretary ROANOKE COUNTY, VIRGINIA Bv: David A. Bowers, Mayor Attest: (SEAL) Stephanie M. Moon Reynolds, City Clerk FRANKLIN COUNTY, VIRGINIA By: By: P. Jason Peters, Cline Brubaker, Chairman, Board of Supervisors Chairman, Board of Supervisors Attest: (SEAL) Attest: (SEAL) Deborah C. Jacks, Sharon K. Tudor, Clerk to the Deputy Clerk to the Board Board BOTETOURT COUNTY, VIRGINIA By: Dr. Donald M. Scothorn Chairman, Board of Supervisors Attest: Clerk to the Board (SEAL) [End of Form of Articles] Page 9 of 10 7. The Board of Supervisors further authorizes the Chairman and/or the County Administrator to take any action and execute any documents, including the Application for Joinder, necessary to accomplish the matters set forth in this resolution and to cause the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to become effective so that Botetourt County, Virginia, becomes a member of the Authority. 8. This resolution shall take effect immediately upon its adoption. Page 10 of 10 ACTION NO. ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY May 26, 2015 Requests for public hearing and first reading for rezoning ordinances; consent agenda Philip Thompson Deputy Director of Planning Thomas C. Gates 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 June 23. 2015. The title of this ordinance is as follows: 1. The petition of the petition of Carl and Carol Slate to obtain a special use permit for a private stable in a R-1, Low Density Residential, District, on approximately 2.012 acres, located at 7904 Carvin Street, Hollins Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. Page 1 of 2 STAFF RECOMMENDATION: 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 June 23, 2015. 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 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 172 - 15L-) 0 9 34 For Staff Use Only Date rec e e: Received by; 1{ Z-7 Z r S Car ( r� lsq-f(-e, Work: VV Applicationfee:I,G� PC/B�ZAdat: `7-!Q)_`�"E�ai Fax No. #: ,) (� Property Location f Pfacards issued: BOS date: Tax Map No.: © 4P -- 4) . - /Z, 0 © B O .� �' s � �% 111 ExistingZoning: .�,�, i J 4ti CL t1 Size of parcel(s): Acres: Existing Land Use: .Q 5 Case Number V ALL APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning USpecial Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: f a 62 '7 !,7 Car ( r� lsq-f(-e, Work: -7 U I i L�u'd.Sr� ti �t✓ — Cell #: d - Fax No.: Owner's name/addre s whip Phone #: 9-g'9—F)S -4'7/7 &ix 1sc� w CA tzo 1 � 1 ��'� Work: zlr"ti.'-e_ `7-!Q)_`�"E�ai Fax No. #: ,) Kok"O ✓A . x w01 Property Location Magisterial District: o ��-V Community Planning area: © r r� (j r�L '� td�i�✓ 54 Tax Map No.: © 4P -- 4) . - /Z, 0 © B O .� �' s � �% 111 ExistingZoning: .�,�, i J 4ti CL t1 Size of parcel(s): Acres: Existing Land Use: .Q 5 REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (Is.2-2232) REVIEW APPLICANTS (RISIWICP) Proposed Zoning: Proposed Land Use: r 03 sP , r✓ho, e, 4y,. Does the Varcel meet the minimum lot area, width, and fiontage requirements of the requested district? Yes [T No ❑ IF NO, A VARIANCE IS REQUIRED )FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes [ No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) 01A 1% Variance/Waiver of Section(s) of the Roanoke County Zo ' Hance in or e Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning 04nance 2075 Appeal of Interpretation of Zoning Map to hPR 2 A Is the application complete? Please check if enclosed. APPLICATION WILFz;? i��`O HESE ITEMS ARE MISSING OR INCOMPLETE. rR/S1W/CP V/AA Rls,'W1CP V/AA RConsultation 8 112" x 11" concept plan Application Metes and bounds description bleJustification Water and sewer applicatian owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. / Nnkd Owner's Signature 2 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 pian 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 g. All property lines and casements 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 AdditionaI 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 6 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. 1 r -Le- /-.74'1 /onlvz��cl` `�`�' �u..� :- row e/ Xr,04. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ��+ .1 �� ... ! �dla%�,� ��'-ick �1✓r�LE',!`��: � � cftl�i�U.. fiC/�.. a c�� 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 facilitiel, including water/sewer, roads, schools, parks/recreation and fire and rescue. 4XI-a At, c/141 CARVIN STREET, NW 50' RAW Walrorid Drive .. ........... -, N 1 *56'47"W S19 -52-58-7E ......... GRAPHIC SCALE R/W99.8846' 88, 0 30 60 120 0 -4-TV 0<-- t Mml �o �)r Z l �7' IN FEET I inch = 60 ft. #7904 14.3' 1, 1 ' With 24.9' 04/23/2013 Romrx F. PjamNl No. A.- 1969 0, Tax#: 027.06-03-04.02 Carlos F. Dotson #7802 Enon Drive �9' (? UO—) LEGEND: 0 IRON PIN FOUND A CALCULATED POINT rQ> UTILITY POLES ax#: 027.06-03-12.00 N/F D.B. 637, Pg. 412 P.B. 2, Pg. 178 oil bTax#: 027.06-03-13.00 1.003 Acres 0 -,)C%4 C7! i M James Douglas Thompson N CF) t 0 00 #7920 Carvin SireetX 3: z r- 7.6' C'4 r') 10 Masonry Block J X (n Garage X 17e 0 C� (D j '--� �_ -,Z�/ Tax& 27.06-03-11.00 CtX C40 0 " D.B. 637, Pg. 412 X E P.O. 2, Pg. 178 12 E 1.009 Acres ip'l -'8dE sd X 04/23/2013 Romrx F. PjamNl No. A.- 1969 0, Tax#: 027.06-03-04.02 Carlos F. Dotson #7802 Enon Drive �9' (? UO—) LEGEND: 0 IRON PIN FOUND A CALCULATED POINT rQ> UTILITY POLES g AoV F Community Development Z p Planning & Zoning Division z a' 183 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 sufficient 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 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 will be notified of the continuance and the newly scheduled public hearing date. Effective date: Apr1119, 2005 ar C k51, C �,IR4,o- Name of Petition r &J— Petitioner's Signature Z) 2 0 1,5 Date i 4 ao"Onoomo ''�oaeRz l ) • 41 -41 N s oti 0 b g a g,. 0 a LL QP a � + i � �� S' O_ ♦ �P�O2O� _ R F mak. 0 !!! O v O 'Aepsoupam SLOZ'SL lud pooml:Aq pai doi j a I q elS aIeA lJ d ale I S . eR poon�} :�(q pa�edaad e��p3 a;eldwal den ojyuodab jjgS :OW EN 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 DATE: May 26, 2015 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Ordinance of the Board of Supervisors of the County of Roanoke, Virginia providing for the Economic Development Authority of the County of Roanoke, Virginia to issue Lease Revenue Refunding Bonds to Refund Outstanding Lease Revenue Bonds (Public Facility Projects), Series 2008 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance authorizes the County of Roanoke to refund previously issued 2008 revenue bonds and provide for annual debt service savings. The ordinance provides that the bonds shall result in net debt service savings as a percentage of the principal amount of the refunded bonds of at least 3% on a present value basis. On May 12, 2015, staff reviewed at work session with the Board several options for refunding the 2008 Lease Revenue Bonds. The Board indicated a preference for refunding via lease revenue bonds, the same instrument used for the initial debt issuance. The Board requested staff to explore using the savings generated from a refunding of the 2008 bonds to accelerate retirement of the outstanding 2008 debt. This report goes into extensive analysis regarding this request as well as provides three additional options the Board may wish to consider for utilizing savings realized through the bond refunding. Page 1 of 5 These include: • Deferred Savings -an option to delay the savings until the last year of maturity • Level Savings- an option that provide savings that are of an equal amount annually • Accelerated Savings Option -an option to take the savings upfront over several years Staff recommends structuring the 2008 Lease Revenue Refunding with accelerated savings that will provide approximately $1.4 million upfront over several years and allow for the payoff of outstanding debt obligations in 2016-2021. Background: On March 27, 2008 bonds in the amount of $58.6 million were issued through the Economic Development Authority to finance the following projects: o Garage o South County Library o Green Ridge Recreational Center o 800 MHZ Radios o North County Fire Station $ 6,525,000 (30 years) 16,495,000 (30 years) 28,220,000 (30 years) 3,870,000 (10 years) 3,485,000 (20 years) As noted, the terms of the bonds issued in 2008 vary according to the specific purpose for issue. Approximately $51 million of the $58.6 million bonds issued carried a term of 30 years with interest rates ranging from 3.5% to 5.1 %. The current outstanding principal for 2008 bonds is $48.5 million. Analysis The County of Roanoke works with our financial advisors to annually review the County's outstanding debt to identify potential refunding opportunities. A refunding occurs when the proceeds of a new debt issue are used to retire previously issued debt. The purposes of a refunding may include achieving savings through lower interest rates, restructuring payments to provide budgetary relief, changing the mode or structure of a bond, and/or changing bond covenants or other contractual terms. Based on a review of current bond obligations and current market conditions, the staff has identified an opportunity to refund certain 2008 revenue bonds through a stand-alone issuance. The refunding will provide the opportunity for debt service savings in excess of the 3% present value yield standard. Page 2 of 5 On May 12, 2015, staff reviewed at work session with the Board several options for refunding the 2008 Lease Revenue Bonds. At the meeting, the Board expressed an interest in the refunding and asked staff to explore using the savings generated from a refunding of the 2008 bonds to accelerate retirement of the outstanding 2008 debt. The Board also indicated a preference for refunding via lease revenue bonds, the same instrument used for the initial debt issuance. Staff has explored the request of the Board to apply all savings realized through a refunding to a reduction in principal of the 2008 bonds as a means to more quickly retire outstanding debt. In order to accomplish this, a new bond issue would have to occur with the proceeds of that issue used exclusively to retire the 2008 obligations. The County would have the ability to designate a shorter period for repayment of any new bonds issued and consequently reduce long term indebtedness. Currently debt service for the 2008 bonds continues through fiscal year 2038. A refunding to shorten the life of the debt can be accomplished. However, the anticipated savings of the refunding proposed would not alone be sufficient to reduce the term. To reduce the term, the County would be required to commit proceeds from the refunding plus and an additional $175,000 in annual debt service payments. The detail of this calculation is provided in Attachment A. Alternative Options Detailed below are three additional scenarios the Board may wish consider for utilizing savings realized through bond refunding. 1. Deferred Savings Option A deferred savings option would assume existing debt service requirements are unchanged but bond pay off occurs one year earlier than scheduled. This method would generate a total bond life savings of $3,503,355, and present value savings of $1,729,191. This approach offers the greatest overall fiscal advantage, and accomplishes the objective of reducing the term of the bond. However, this approach makes a future refunding implausible. Because refunding savings are deferred in this arrangement, a future refunding would essentially negate the benefit of this refunding. Further, the longer term bonds of the 2008 issuance carry the higher interest rate, making them particularly attractive for future refunding. 2. Level Savings Option A level savings option whereby the refunding yields the same amount of money to the County each year for the remaining life of the bonds, would return approximately $87,000 per year. This method would generate a total bond life savings of $2,014,272, or present value savings of $1,409,454. The County could permanently reduce the Page 3 of 5 level of debt service and funds could be used to address other long term budgetary needs. This option would not reduce long term indebtedness or shorten the term of the debt. 3. Accelerated Savings Option An accelerated savings approach would structure the refunding to return the bulk of the savings realized within the first several years, of the refunded bond term. Annual returns in the initial years would range from $112,313 to $662,179. In subsequent years, annual savings would range from $63 to $4,950. This method would generate a total bond life savings of $1,462,917, or present value savings of $1,338,925. This approach would produce budget savings of approximately $1.4 million in the first seven years after the refinancing. Given the high return in the initial years of the refunding, funds realized could be used to pay off other outstanding higher interest debt thereby reducing the County's outstanding long term debt obligations. Attachment B shows these options in more detail. FINANCIAL IMPACT: The callable bonds refunded total $31.5 million and are projected to yield a present value savings of 4.25% based on current market conditions. The accelerated savings approach would provide approximately $1,462,917 million in refunding proceeds as shown on Attachment B and allow for the payoff of $1.4 million in outstanding debt obligations in years 2016-2021. Issuance costs associated with the refunding are estimated at $250,000. STAFF RECOMMENDATION: Staff recommends approval of the ordinance authorizing the refunding of the 2008 Lease Revenue Bonds and structuring the refunding as an accelerated savings to yield savings that will be used to pay off existing debt. The outstanding debt of the County and Schools as of May 26, 2015 was $189.9 million. Of this amount, there are several debts that are callable at any time and can be paid off. They are as follows: Page 4 of 5 Issue Holder Interest Rates Final Maturity Outstanding 2011 EDA Lease Revenue Ref Bonds (Rate Reset on 2001A Bonds) SunTrust 2.63% 4/15/2016 $251,338 Literary Loans (Fort Lewis Elementary, William Byrd H.S., Northside High, Cave Spring J.H.) Capital Lease Obligation (Energy Projects) DOE 3.00% 9/15/2020 $1,825,775 Capital One 3.99% 9/17/2020 $741,516 Since the Capital Lease Obligation has the highest interest rate, staff recommends using refunding savings to pay off this debt obligation as first priority. The remaining savings from the refunding would be applied to the Literary Loans outstanding in the years the savings are available. Since the purpose of the refunding would be to utilize proceeds for retirement of other debt obligations the County would view these funds as part of the County/School Joint capital funding plan. Refunded savings would not be considered revenue to the County and consequently refunding proceeds would not be apportioned to the Schools. Staff will provide an information report after the sale of the bonds. Information contained in this board report is based on projections from May 2015 and will change based on market conditions at the time of the bond sale. The Economic Development Authority approved a resolution forthe 2008 Lease Revenue Refunding at their meeting on May 20, 2015. Page 5 of 5 AFF.... L. w....�.i A Roanoke County EDA Refunding of 2008 Lease Revenue Bonds Current 2008 New 2015 Fisal year Existing Debt Reissue Debt Increase/ Ending 6/30 Schedule Schedule (Decrease) 2016 $ 4,032,681 $ 4,202,509 $ 169,828 2017 4,044,231 4,213,575 169,344 2018 4,042,231 4,216,325 174,094 2019 3,569,231 3,737,775 168,544 2020 3,567,231 3,740,225 172,994 2021 3,572,031 3,744,175 172,144 2022 3,576,550 3,750,694 174,144 2023 3,575,800 3,749,444 173,644 2024 3,586,050 3,758,694 172,644 2025 3,586,550 3,757,694 171,144 2026 3,587,550 3,766,694 179,144 2027 3,593,800 3,769,944 176,144 2028 3,594,800 3,772,444 177,644 2029 3,320,550 3,493,944 173,394 2030 3,329,550 3,508,194 178,644 2031 3,333,050 3,506,850 173,800 2032 3,331,050 3,509,450 178,400 2033 3,333,550 3,510,200 176,650 2034 3,340,050 3,519,200 179,150 2035 3,346,800 3,522,450 175,650 2036 3,346,375 3,522,775 176,400 2037 3,244,800 - (3,244,800) 2038 3,244,800 - (3,244,800) Total $ 81,099,311 $ 78,273,255 $ (2,826,056) Attachment B Roanoke County EDA Refunding of 2008 Lease Revenue Bonds Fisal year Deferred Level Accelerated Ending 6/30 Savings Savings Savings 2015 $ 3,300 $ 3,189 $ 2,788 2016 4,474 87,876 662,179 2017 1,313 87,013 112,313 2018 738 88,663 112,313 2019 313 85,388 112,313 2020 4,963 87,188 112,313 2021 4,488 88,288 307,313 2022 938 851113 4,813 2023 4,563 88,363 63 2024 3,563 86,738 688 2025 3,063 85,363 1,563 2026 3,063 89,113 2,688 2027 3,563 87,988 4,063 2028 4,563 87,113 813 2029 1,188 86,488 2,938 2030 813 89,863 3,625 2031 3,006 86,956 2,631 2032 1,200 881300 1,575 2033 700 89,050 700 2034 700 89,800 4,950 2035 1,200 85,675 4,325 2036 4,475 85,075 1,975 2037 175,431 86,331 1,331 2038 3,271,737 89,338 2,644 Total bond life savings $ 3,503,355 $ 2,014,272 $ 1,462,917 Present Value Savings $ 1,729,191 $ 1,409,454 $ 1,338,925 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE OF THE BOARD OF SUPERVISORSOF THE COUNTY OF ROANOKE, VIRGINIA PROVIDING FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE, VIRGINIA TO ISSUE LEASE REVENUE REFUNDING BONDS TO REFUND OUTSTANDING LEASE REVENUE BONDS (PUBLIC FACILITY PROJECTS), SERIES 2008 The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is advisable (i) to refund all or a portion of the Economic Development Authority of the County of Roanoke, Virginia's $58,595,000 Lease Revenue Bonds (Public Facility Projects), Series 2008, issued on March 27, 2008 (the "Series 2008 Bonds") for the purpose of financing certain facilities for the County consisting of the acquisition, construction, furnishing and equipping of various capital projects including a library, a recreation center, a fire -station, a fleet maintenance facility and radio equipment and (ii) to obtain financing to refund all or a portion of the Series 2008 Bonds through lease revenue refunding bonds (the "Bonds") to be issued by the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"). The Bonds will be payable solely from the revenues derived from the Financing Lease dated as of March 1, 2008 (the "Financing Lease"), as amended by the First Amendment to Financing Lease, between the Authority to the County (the "Amendment to Financing Lease") pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the outstanding Series 2008 Bonds and the Bonds. The Bonds will be issued pursuant to the following documents: (i) a First Supplemental Indenture of Trust between the Authority and U.S. Bank National Page 1 of 8 Association, as successor trustee (the "Trustee"), with the form of the Bonds attached thereto, supplementing an Indenture of Trust dated as of March 1, 2008 between the Authority and the Trustee; (ii) the First Amendment to Lease between the County and the Authority amending the Lease dated as of March 1, 2008, between the County and the Authority; (iii) the Amendment to Financing Lease; (iv) a Modification Agreement among the Authority, the Trustee and certain substitute deed of trust trustees amending (1) the Leasehold Deed of Trust and Security Agreement dated as of March 1, 2008, between the Authority and certain deed of trust trustees and (2) the Assignment of Rents and Leases dated as of March 1, 2008, between the Authority and the Trustee, both securing the Series 2008 Bonds; (v) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; (vi) a Bond Purchase Agreement (the "Bond Purchase Agreement"), among the County, the Authority and an underwriter or a group of underwriters selected by the County as described below; and (vii) an Escrow Agreement between the Authority, the County and the Trustee, as escrow agent. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents." The first reading of this ordinance was held on May 26, 2015 and the second reading of this ordinance was held on June 9, 2015. Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $45,000,000 in one or more series at one time or from time to time as may be requested by the County's Chairman of the Board of Supervisors, the County Administrator or the Director of Finance (each, an "Authorized Representative") for the purpose of refunding all or a portion of the Series 2008 Bonds and financing costs of issuing the Bonds. The principal of, premium, if any, and interest on the Bonds shall be paid from revenues derived from payments made by the County pursuant to the Financing Lease, as amended by the Amendment to Financing Lease. 2. Authorization of Basic Documents. The execution and delivery of and the performance by the County of its obligations under the Basic Documents to which the County is a party are authorized. The Basic Documents to which the County is a party shall be in such forms and contain such provisions as the County Administrator or the Director of Finance, or his or her designee, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. 3. Execution of Basic Documents. The Authorized Representatives, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator and the Clerk of the County Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their Page 3 of 8 designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The Authorized Representatives are hereby authorized and directed to (i) select an underwriter or group of underwriters to underwrite (the "Underwriter") the sale of the Bonds, (ii) consent to the terms of the sale of the Bonds by the Authority to the Underwriter and (iii) execute and deliver the Bond Purchase Agreement, provided that (1) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (2) the refunding achieves an aggregate net present value debt service savings of not less than 3% of the refunded principal amount, (3) the sale price of the Bonds to the Underwriter shall not be less than 98% of the aggregate principal amount thereof (not taking into account any original issue discount) and (4) the final maturity of the Bonds shall not be later than the final fiscal year in which the Refunded Bonds (as hereinafter defined ) mature. The approval of such Authorized Representatives shall be evidenced conclusively by the executive and delivery of the Bond Purchase Agreement. 5. Refunded Bonds. The Authorized Representatives are hereby authorized and directed to select the Series 2008 Bonds to be refunded (the "Refunded Bonds") and to cause the refunding of the Refunded Bonds pursuant to the terms of the Series 2008 Bonds and the documents securing the Series 2008 Bonds. Page 4 of 8 6. Disclosure Documents. The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate Preliminary Official Statement and Official Statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The Preliminary Official Statement, Official Statement or other documents shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the Authorized Representatives shall determine. The Authorized Representatives and such other officer or agent either Authorized Representative may designate, are hereby authorized to deem the Preliminary Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 7. Costs and Expenses. All costs and expenses in connection with the undertaking of the refinancing of the County's obligations under the Financing Lease, the refunding of the Refunded Bonds and the issuance of the Bonds, including the Authority's fees and expenses and the fees and expenses of bond counsel and counsel for the Authority, shall be paid from the proceeds of the Bonds, or other legally available funds of the County. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor. 8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease, as amended by the Page 5 of 8 Amendment to Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Ordinance shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this Ordinance, the Bonds, the Financing Lease or the Amendment to Financing Lease shall constitute a pledge of the full faith and credit of the County. 9. Tax Covenants. The Authorized Representatives are hereby authorized and directed to execute and deliver simultaneously with the issuance of any series of Bonds the interest on which is intended to be excludable from gross income for federal income tax purposes a tax certificate or agreement, or both (collectively, the "Tax Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The proceeds from the issuance and sale of any such series of the Bonds will be invested and expended as set forth in the Tax Agreement and that the County will comply with the other covenants and representations contained in it. 10. Further Actions. (a) The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby Page 6 of 8 authorized and directed to take further action as each deems necessary or appropriate regarding the issuance, credit enhancement and sale of the Bonds and the refunding of the Refunded Bonds, including, without limitation, (i) purchasing of one or more credit enhancements for any series of Bonds if market or other conditions so warrant, (ii) entering into supply arrangements relating to the investment of the proceeds of any series of Bonds, (iii) applying for CUSIP identification numbers and the execution and delivery of replacement bonds in connection with any partial refunding of the Series 2008 Bonds, and (iv) selecting a verification agent and escrow agent in connection with any series of Bonds. (b) All actions taken by officers and agents of the County in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. The officers and agents of the County are hereby authorized and directed to take such further actions as each deems necessary regarding the issuance and sale of any series of Bonds and all actions taken by such officers and agents in connection with the issuance and sale of any series of Bonds are hereby ratified and confirmed. 11. Exercise of Discretion and Authorizations. Any authorization of an officer of the County under this Ordinance entitles such officer to exercise his or her discretion in taking action on behalf of the County, unless expressly provided otherwise. For any authorization of the Authorized Representatives, it shall be sufficient that either Authorized Representative act in order to bind the County. The authorizations granted in this Ordinance to the County Administrator, the Director of Finance or the Clerk of the Board of Supervisors, or any combination of the foregoing, may be carried out by any Acting or Assistant County Administrator (with respect to authorizations granted to the Page 7 of 8 County Administrator), Acting or Assistant Director of Finance (with respect to authorizations granted to the Director of Finance) and any Deputy or Assistant Clerk (with respect to authorizations granted to the Clerk of the Board of Supervisors), in the absence of the primary officer. 12. Effective Date. This Ordinance shall take effect immediately. Page 8 of 8 ACTION NO. ITEM NO. 1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Resolution adopting the fiscal year 2015-2016 budget, including the fiscal year 2016-2025 Capital Improvement Plan SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is a resolution approving the fiscal year 2015-2016 budget for Roanoke County, Virginia. This resolution is detailed by fund and subfund and includes all transfers between funds. The School's budget is included in the overall County budget as presented in the attached resolution. The figures presented for adoption have been developed by staff from budget work sessions with the Board of Supervisors. The proposed budget was submitted to the Board on April 21, 2015. A public hearing on the proposed budget was held on April 28, 2015. Prepared in conjunction with the fiscal year 2015-2016 budget, the fiscal year 2016-2025 Capital Improvement Program (CIP) is included as part of this resolution. The CIP summary is attached. The adoption of this document does not represent an appropriation of funds, as it is presented for informational and planning purposes only. The adoption of the budget is being requested to fulfill our legal requirements of adopting, and then having a first and second reading of the appropriation ordinance, before July 1, 2015 and to allow adequate time for County and School staff to prepare and disburse employment contracts, institute pay changes, and other administrative tasks necessaryfor final budget implementation. Page 1 of 2 Approval of the resolution adopting the County budget is for informative and fiscal planning purposes only and does not actually commit or appropriate funds for expenditure. The commitment of funds will not occur until the second reading and approval of the fiscal year 2015-2016 appropriation ordinance. STAFF RECOMMENDATION: Staff recommends approval of the resolution adopting the fiscal year 2015-2016 Budget and fiscal year 2016-2025 Capital Improvement Program. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 RESOLUTION APPROVING THE FISCAL YEAR 2015-2016 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on April 28, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual operating and capital budget for fiscal year 2015-2016 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. Page 1 of 1 County of Roanoke Adopted FY 2015-2016 Budget May 26, 2015 Revenue Estimates Amount General Fund General Government General Property Taxes $ 123,637,615 Local Sales Tax 10,100,000 Telecommunications Tax 3,975,000 Business License Tax 6,399,100 Bank Franchise Tax 450,000 Utility Consumer Tax 3,825,000 Motor Vehicle License Tax 2,225,000 Recordation/Conveyance Tax 1,250,000 Meals Tax 4,071,850 Hotel/Motel Tax 1,058,610 Other Local Taxes 634,000 Permits, Fees & Licenses 551,560 Fines and Forfeitures 556,500 Interest Income 131,600 Charges for Services 898,200 Commonwealth 10,783,112 Federal 3,275,000 Other 4,958,604 Total General Government $ 178,780,751 Communications & Information Technology 8,543,083 Comprehensive Services 4,809,612 Law Library 11,025 Public Works Projects 183,712 DSS -Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Police Special Programs 1,000 Criminal Justice Academy 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County 7,495,470 Capital Projects Fund 11,919,281 Internal Service Fund 1,880,083 School Operating Fund 136,654,796 School Nutrition Fund 5,712,290 School Debt Service Fund 13,813,014 School Grants Fund 5,460,094 School Capital Fund 1,346,670 School Instructional Resources Fund 988,820 School Bus Fund 433,219 School Laptop Insurance Reserve 350,350 Total Revenues All Funds $ 388,710,413 Less: Transfers (112,529,947) Total Net of Transfers $ 276,180,466 County of Roanoke Adopted FY 2015-2016 Budget May 26, 2015 Proposed Expenditures Amount General Fund General Government General Administration $ 3,025,454 Constitutional Officers 13,341,839 Judicial Administration 810,732 Management Services 3,249,394 Public Safety 26,836,083 Community Services 11,352,642 Human Services 20,485,589 Non -Departmental 11,025,729 Transfers to School Operating Fund 66,327,408 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund 1,218,101 Transfers to Debt Service Fund 16,522,413 Transfer to Public Works Projects 183,712 Transfer to Comprehensive Services 1,853,000 Other 2,071,356 Total General Government $ 178,780,751 Communications and Information Technology 8,543,083 Comprehensive Services 4,809,612 Law Library 11,025 Public Works Projects 183,712 DSS Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Criminal Justice Academy 1,000 Police Special Programs 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County 7,495,470 Capital Projects Fund 11,919,281 Internal Service Fund 1,880,083 School Operating Fund 136,654,796 School Nutrition Fund 5,712,290 School Debt Fund 13,813,014 School Grants Fund 5,460,094 School Capital Fund 1,346,670 School Textbook Fund 988,820 School Bus Fund 433,219 School Laptop Insurance Reserve 350,350 Total Expenditures All Funds 388,710,413 Less: Transfers $ (112,529,947) Total Net of Transfers $ 276,180,466 i O L a N E N O Q cu cu U La N O N to O N LUL N fp LL N T LL LL r 00 LL r LL O O O O O O � CO O O O O O O O N � V O O O O O O O O O � N O O O O 0 0 0 0 0 O O m O O V O 2 N Y� O V1 C O 01 m I� V1 .ti N O O r ci O (P N l0 m 0 l0 O1 O .ti O ti O O ti a m l0 T f� o V M LL N W C O N C N .ti r N m ci I� V1 a E O C O .ti O O N m m M W � C7 m fp � N l0 O C O O V1 O I� 10 LL N W O O C N l0 l0 ft LL p c -I M w 7rn N > v m N C N N o o v^i o m o v a. c �y N l0 O N O (P (P V1 N 00 LL m O O E LL O ti N o O C O I� O C V1 N O N D N O � M N LL n LL O C O O (P O l0 V1 V1 V1 � N O I� O O O O ti N V1 N O V1 O O I� O C O C W O O N O O M M I� ci O O ci O r N V1 I� M LL ti O c -I N O O O p N l0 O N O .ti ci I� O W N T LL O ti ti m m O O O � m T N N l0 O m .ti O m .ti O W O i O W LL � 7 O C (P O O C m V1 N O1 t0 N cp N l0 C O O O .ti ci m l0 f� W r I� ti m 0 O W .ti C N N N W W O I� N N ci l0 C O M LL a O ti T M O C O O O I� V1 O .ti V1 V1 C (P O O O T pp O I� O O O m ti O O r N O C 7 N l0 O O O V1 O O W I� ti m m v � CO I� ti O O O ti O O (P .ti ti C I� u'1 LL C O N m M N M M M O C O O W N O V1 m O N o � o o m m o io rn rn O L(1 O O W m O N N N v fp N l0 I� O O V1 O .ti V1 .ti T T Y•1 I� ti O O W O O N .ti C N W .ti V1 C I� r O N W N'1 O fp r LL ti N O V O � O O O O i N LL LL pN W W O O ONi O d _ R CL` a �o c CL N y x W d d � R O° H O p c y s c v y a v x x W �o W V� t LL LL C OO E N L U Q o u EE r_ m U F- C d u ° U CO 7 0 o a o C y UQ l7 a � LL o U 5z O 9 d to o m a 3 a` LLO c O v v O 3 m m o O a 2 'c U o y y E �, o U 0 a 0 L -o > m� E w t o 0 0 ~ N CL m m O _a 'i C7 0" U U r -o o ta O cc cc Q m Umo ada0O U o UaN m .Q RU 2 o �oo Qv U U d m > L laia) O aN E `p O O c n c ON ON ,^ V / LL m m m (n d W D� cc cc U (n fn ❑ ❑ N fp LL N T LL LL r 00 LL r LL O O O O O O � CO O O O O O O O N � V O O O O O O O O O � N O O O O 0 0 0 0 0 O O m O O V O 2 N p N n o V M LL m a E N N v c W � C7 m fp E d C Q 6 E� 7 LL N O M vy 0 N a v R a E m ui� w 7rn N > v m N C N 0; 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ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Ordinance to appropriate funds for the fiscal year 2015-2016 budget and approval of the Classification Plan for fiscal year 2015-2016 SUBMITTED BY: APPROVED BY: Brent Robertson Director of Management and Budget Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The fiscal year 2015-2016 budget was presented to the Board of Supervisors on April 21, 2015. A public hearing was held on April 28, 2015, to receive written and oral comment from the public concerning the proposed budget and fiscal year 2016-2025 Capital Improvements Program. Attached foryourapproval isthe Budget Appropriation Ordinance for fiscal year 2015-2016. The first reading of this ordinance was held on May 12, 2015. The total County budget is $388,710,413, which includes all inter -fund and intra -fund transfers. The General Government Fund budget is $178,780,751 and includes the taxes and fees that support the general operations of Roanoke County government. The Board and staff have held two (2) work sessions since the budget was presented on April 21, 2015, to discuss specific items related to the proposed budget. As a result of these discussions, the Board reached consensus on several amendments to both revenues and expenditures of the General Government fund. A summary of these amendments is attached for your review. STAFF RECOMMENDATION: The format of the appropriation ordinance conforms to the reporting basis used at year-end Page 1 of 2 in the Comprehensive Annual Financial Report. This presentation allows the same level of budget comparison as is required by Generally Accepted Accounting Principles forfinancial reporting purposes. Staff recommends approval of the 2015-2016 fiscal year operating and capital budget appropriation ordinance. Staff also recommends approval of the attached Classification Plan for fiscal year 2015-2016. The resolution adopting the budget is scheduled for May 26, 2015. Page 2 of 2 Roanoke County FY15-16 Budget Development Proposed Budget Amendments May 26, 2015 Approved BOS Amendments Proposed Revenues @ 4/21/15 $ 178,900,377 RAI Personal Property Taxes Reduction in revenue associated with the elimination of two (2) proposed Collections Specialists in Treasurer's office (84,470) RA2 Personal Property Taxes Reduction in revenue associated with the elimination of.• Business Auditor in Commissioner of Revenue's office (46,406) RA3 Miscellaneous - Recovered Costs Reimbursement for Legal services contracted with the Town of Vinton (allocated to Commonwealth Attorney's budget) 11,250 $ 178,780,751 Proposed Expenditures @ 4/21/15 $ 178,900,377 EA1 RVTV Contribution Roanoke County's share of RVTV budget increase 4,898 Board of Supervisors Restore funding of Deputy Clerk position 48,000 Library Administration Reduction in PT funds converted to 2 FT positions (FT positions already included in proposed budget) (52,898) EA2 Treasurer Elimination of two (2) proposed Collection Specialists (84,470) EA3 Commissioner of Revenue Elimination of proposed Business Auditor (corresponding reduction in revenue) (46,406) EA4 Commonwealth Attorney Reimbursement for Legal services contracted with the Town of Vinton (off -set with revenue) 11,250 $ 178,780,751 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE TO APPROPRIATE FUNDS FOR THE FISCAL YEAR 2015-2016 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 28, 2015, concerning the adoption of the annual budget for Roanoke County for fiscal year 2015-2016; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia approved said budget on May 26, 2015, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 12, 2015, and the second reading of this ordinance was held on May 26, 2015, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2015, and ending June 30, 2016, for the functions and purposes indicated: Page 1 of 8 County of Roanoke Adopted FY 2015 - 2016 Budget May 26, 2015 Revenues: $ 136,654,796 Nutrition General Fund: Debt 13,813,014 General Government $ 178,780,751 Communications & Information Technology Instructional Resources 8,543,083 Comprehensive Services 433,219 4,809,612 Law Library Total School Fund 11,025 Public Works Projects $ 388,710,413 183,712 DSS -Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Police Special Programs 1,000 Criminal Justic Academy 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County $ 7,495,470 Capital Projects Fund $ 11,919,281 Internal Service Fund - Risk Management $ 1,880,083 School Funds: Operating $ 136,654,796 Nutrition 5,712,290 Debt 13,813,014 Grants 5,460,094 Capital 1,346,670 Instructional Resources 988,820 Bus 433,219 Laptop Insurance Reserve 350,350 Total School Fund $ 164,759,253 Total All Funds $ 388,710,413 Page 2 of 8 County of Roanoke Adopted FY 2015 - 2016 Budget May 26, 2015 Expenditures: General Government: General Administration Board of Supervisors $ 308,984 County Administrator 409,635 Public Information 211,678 Asst. Co. Administrators 369,067 Human Resources 722,274 County Attorney 522,908 Economic Development 480,910 Total General Administration $ 3,025,454 Constitutional Officers Treasurer $ 797,460 Commonwealth Attorney 1,134,948 Commissioner of the Revenue 752,576 Clerk of the Circuit Court 1,111,267 Sheriffs Office 9,545,588 Total Constitutional Officers $ 13,341,839 Judicial Administration Circuit Court $ 237,972 General District Court 69,940 Magistrate 1,590 J & DR Court 21,086 Court Service Unit 480,144 Total Judicial Administration $ 810,732 Management Services Real Estate Assessments $ 832,502 Finance 1,329,908 Public Transportation 420,000 Management and Budget 322,889 Procurement Services 344,096 Total Management Services $ 3,249,394 Page 3 of 8 County of Roanoke Adopted FY 2015 - 2016 Budget May 26, 2015 Public Safety Police Fire and Rescue Total Public Safety Community Services General Services Community Development Building Maintenance Total Community Services Human Services $ 11,779,631 15,056,452 $ 26,836,083 $ 5,359,929 4,041,770 1,950,943 $ 11,352,642 Grounds Maintenance $ 2,269,974 Parks and Recreation 2,260,695 Public Health 500,358 Social Services 9,770,909 Contributions -Human Service, Cultural, Tourism, Dues 1,669,930 Library 3,599,278 VA Cooperative Extension 87,097 Elections 327,349 Total Human Services $ 20,485,589 Non -Departmental Employee Benefits $ 1,888,570 Miscellaneous 1,511,500 Internal Service Charges 7,625,659 Total Non -Departmental $ 11,025,729 Transfers to Other Funds Transfer to Debt - General & Schools $ 16,522,413 Transfer to (from) Capital 1,218,101 Transfer to Schools 66,804,707 Transfer to Public Works Projects 183,712 Transfer to Internal Services 1,515,195 Transfer to Comprehensive Services 1,853,000 Total Transfers to Other Funds $ 88,097,128 Unappropriated Balance Board Contingency $ 50,000 Addition to Fund Balance $ 506,160 Total General Government $ 178,780,751 Communications & Information Technology $ 8,543,083 Comprehensive Services $ 4,809,612 Law Library $ 11,025 Public Works Projects $ 183,712 Page 4 of 8 County of Roanoke Adopted FY 2015 - 2016 Budget May 26, 2015 DSS -Social Services Building Recreation Fee Class Grants and Other Funds Police Special Programs Criminal Justice Academy Fleet Service Center Total General Fund Debt Service Fund - County Capital Projects Fund Internal Services Fund - Risk Management School Funds: Operating Nutrition Debt Grants Capital Instructional Resources Bus Laptop Insurance Reserve Total School Funds Total All Funds Page 5 of 8 $ 493,483 $ 5,397,645 $ 1,041,895 $ 1,000 $ 259,374 $ 3,134,746 $ 202,656,326 $ 7,495,470 $ 11,919,281 $ 1,880,083 $ 136,654,796 5,712,290 13,813,014 5,460,094 1,346,670 988,820 433,219 350,350 $ 164,759,253 $ 388,710,413 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2015, are re -appropriated to the 2015-2016 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2015, and appropriations in the 2015- 2016 budget. 5. That all school fund appropriations remaining at the end of the 2014-2015 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2015-2016 as follows: a.) Two-thirds of the year-end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One-third of the year-end balance in the school operating fund will be allocated to the Minor School Capital Reserve; 6. That all General Fund unexpended appropriations at the end of the 2014- 2015 fiscal year not lapse but shall be re -appropriated to the County Capital Reserve. Page 6 of 8 7. That all General Fund revenues collected in excess of appropriated revenues shall be re -appropriated to the County Capital Reserve. 8. Account balances remaining in the Fee Class collected by the Parks and Recreation Department will be allocated to accounts as defined by the Fee Class Accounts Procedure. 9. Account balances remaining in Comprehensive Services (111), Confiscated Property (120), Police Special Programs (121), Forfeited Asset Sharing (122), Sheriff Jail Fees (124), Inventory (125), Criminal Justice Academy (126), Police Training Facility (127), Garage (130), Motor Pool (132), Grants (135), Communications and Information Technology (146), Fee Class (150), Law Library (155), Public Works Fund (170), Social Services Building (175), Debt Fund (310), Trust Fund (510), South Peak Community Development Authority (655), Internal Service Fund (700), Special Welfare (810), Regional Fire/Rescue Training Center (814), Commonwealth Fund (815), Regional Center for Animal Control and Protection (895) funds will carry over 100% and be re -appropriated to the individual funds. 10. That the Board anticipates receiving various grants, donations, and other miscellaneous revenues. These anticipated funds are appropriated to the Grants Fund for the various functions and purposes as provided therein, and said appropriation shall be acknowledged and allocated to the appropriate fund upon approval by the Board on the Consent Agenda. 11. That all Resolutions, including but not limited to Resolutions 111213-12.e (Policy of the use of unexpended appropriations at the end of each fiscal year), 122104- 3 (Policy for County Capital Reserves), and 122104-5 (Policy for the use of general fund Page 7 of 8 revenues in excess of budget at the end of the fiscal year) and Ordinances in conflict with this Ordinance are hereby repealed. 12. This ordinance shall take effect July 1, 2015. 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J-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Ordinance to approve the new Intergovernmental Agreement between the County of Roanoke, the City of Roanoke and Franklin County forjoint use of the Digital Radio System known as the Roanoke Valley Radio System SUBMITTED BY: Bill Hunter Director of Communications and Information Technology APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2014, Roanoke City and Roanoke County began discussions of a partnership with Franklin County for a new radio initiative they were exploring. From those discussions, the jurisdictions agreed to move forward with the sharing of Roanoke City and Roanoke County's Radio System Master Site. The Master site will connect Franklin County's new digital 8 site radio system to Roanoke's 4 site digital radio system. Connecting these two (2) systems will have multiple benefits, including interoperability among the municipalities. This system addition will expand regional radio coverage from 260 square miles to an estimated 950 square mile area. Each locality will have seamless uninterrupted communications within both radio system areas. Franklin County's operational date is set for July 2016. This new agreement will replace the fifteen (15) year agreement that was ratified in 2012. FISCAL IMPACT: Franklin County will "buy in" to the system for approximately $200,000 and will contribute approximately $70,000 annually for one-third (1/3) master site maintenance. This agreement continues the 50/50 cost sharing arrangement set forth in the original Page 1 of 2 agreement between the County and the City for the four (4) existing radio sites, and breaks out the one-third (1/3) master site costs, which will reduce the overall burden of system operation for the Roanoke City, Roanoke County and Franklin County. The fiscal impact to the County will be one-half of the $200,000 "buy in" from Franklin County and our annual maintenance contribution for the system will be reduced by approximately $30,000. STAFF RECOMMENDATION: Staff recommends approving this agreement for the joint use of this Public Safety Radio System. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE TO APPROVE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF ROANOKE, THE CITY OF ROANOKE, AND THE COUNTY OF FRANKLIN FOR JOINT USE OF THE DIGITAL RADIO SYSTEM KNOWN AS THE ROANOKE VALLEY RADIO SYSTEM WHEREAS, the City of Roanoke, the County of Roanoke and the County of Franklin (the "Partners") desire to enter into an Intergovernmental Agreement (the "Agreement") for the purpose of the joint use of the existing Roanoke Valley Radio System ("RVRS") which serves fire, police, emergency and other radio communications of the Partners' respective localities; WHEREAS, Roanoke City and Roanoke County entered into a joint Intergovernmental Agreement that established the RVRS dated December 14, 2011, for the above stated purpose, and now the County of Franklin desires to become a Partner in the RVRS; WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, (the "Code") allows the Partners to exercise jointly their powers with respect to the System, (described with the Agreement), whose governing bodies shall adopt ordinances as required by the Code, approving this Agreement; WHEREAS, the Partners desire to enter into this Agreement for the purposes of providing the details relating to the operation of RVRS and defining the relationships among the Partners, as required by the Code; Page 1 of 2 WHEREAS, this Agreement will replace the Agreement dated December 14, 2011, between the City of Roanoke and the County of Roanoke, which shall become null and void upon execution of all the parties; and WHEREAS, the first reading of this ordinance was heard on May 12, 2015 and the second reading was heard on May 26, 2015. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the execution of an Intergovernmental Agreement between the City of Roanoke, the County of Roanoke and the County of Franklin is hereby approved by the Board for the purpose of establishing a joint public radio system known as the Roanoke Valley Radio System. 2. That the County Administrator, or an Assistant County Administrator, is authorized and directed to execute this Agreement, which Agreement shall be approved by form by the County Attorney's office. 3. That the former Intergovernmental Agreement between the City of Roanoke and the County of Roanoke shall be null and void only upon execution of the Agreement by all the Partners. Page 2 of 2 THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") for the establishment of a Joint Public Safety Radio System referred to herein as the Roanoke Valley Radio System ("RVRS"), is entered into as of the day of , 2015, amongst the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ("City of Roanoke"), the COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia ("Roanoke County"), and the COUNTY OF FRANKLIN a political subdivision of the Commonwealth of Virginia. ("Franklin County," and, together with the City of Roanoke and Roanoke County, the "Partners"), RECITALS WHEREAS, each of the Partners has the power to establish a system that serves the fire, police, emergency and other radio communications of their respective localities; and WHEREAS, pursuant to an Intergovernmental Agreement dated ("Agreement"), the City of Roanoke and Roanoke County entered into a joint intergovernmental agreement that established the RVRS that facilitated fire, police, emergency, and other public safety radio communications between those localities, WHEREAS, the County of Franklin desires to become a Partner in the RVRS, and the City of Roanoke and Roanoke County desire that Franklin County become a Partner, WHEREAS, the Partners have determined that it is in their mutual best interest to jointly cause the existing Roanoke Valley Radio System's 800 MHz trunked radio communications system, as described in the System Diagram attached as Appendix A which is incorporated herein, to be equipped to serve the fire, police, emergency and other public safety radio communication needs of the Partners, WHEREAS, pursuant to Section 15.2-1300 of the Code of Virginia, 1950, as amended (the "Code"), the Partners have determined to exercise jointly their powers with respect to the System (as defined below), as provided for in this Agreement, whose governing bodies have adopted ordinances as required by Section 15.2-1300 of the Code, approving this Agreement in furtherance thereof, and WHEREAS, the Partners desire to enter into this Agreement for the purpose of providing the details relating to the operation of the System and the relationship among the Partners, as required under Section 15.2-1300 of the Code. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, and the above recitals which are incorporated by reference herein, the parties hereto pursuant to the provisions of Section 15.2-1300 of the Code of Virginia (1950), as amended, do covenant and agree to the following:, {W2924049.1 011185-089252 } 1 ARTICLE I. DEFINITIONS "Agreement" shall mean this Intergovernmental Agreement, and any and all amendments hereto. "Associated System Assets" shall mean System assets and equipment not designated as Fixed Network Equipment, which is required for operation of the System, and shall include and not be limited to, buildings, dispatch center furniture, fences, generators, grounding systems, HVAC systems, rights of way, roadways, site leases, towers, uninterruptible power supplies (UPS) and the fire alerting equipment. "Common Equipment" shall mean all equipment used by all Partners as further described in Appendix B, including the System Core. "Fixed Network Equipment" shall mean the infrastructure equipment necessary to facilitate the use of subscriber units on the digital 800 MHz trunked radio system and other radio communications systems. Fixed Network Equipment may include some Common Equipment. "Subscriber Equipment" shall mean the mobile and portable radios used by the RVRS. "System" shall mean the portions of the radio communications system that comprise the RVRS to be jointly constructed and operated by the City of Roanoke, County of Roanoke, and Franklin County. "System Core" shall mean the prime location of the System, where all public communication transmissions of the System are received and transmitted, located at Roanoke, County's facility at 5425 Cove Road, Roanoke, Virginia, 24019. "System Managers" shall mean the directors of the Partners' respective departments of technology or departments of information technology, whom shall be responsible for the management and operation of their locality's respective share of the System. ARTICLE II REPRESENTATIONS AND WARRANTIES Each of the Partners respectively make the following representations and warranties, all of which shall continue for the duration of this Agreement: (a) It has full power and authority to enter into this Agreement and to consummate and carry out the transactions contemplated by this Agreement. It has taken, or will take, all action required by this Agreement and other applicable laws in connection therewith. {W2924049.1 011185-089252 } 2 (b) It has duly authorized the execution and delivery of this Agreement by ordinance adopted by its governing body. (c) The execution and delivery of this Agreement and the performance of its obligations hereunder are within its corporate powers, and will not conflict with, or constitute a breach or result in a violation of (1) any Federal or Virginia Constitutional or statutory provision, (2) in any material respect, any agreement or other instrument to which such party is a party or by which it is bound, or (3) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over it or its property. (d) There is no litigation at law or in equity or any proceeding before any governmental agency pending or, to its knowledge, threatened with respect to (1) its existence, (2) its authority to execute and deliver this Agreement, (3) the validity or enforceability of this Agreement or the transactions contemplated hereby, (4) the title of its officers who are executing this Agreement, or (5) any authority or proceedings relating to its execution and delivery of this Agreement. (e) It is a duly organized and validly existing public body politic and corporate. ARTICLE III DURATION OF AGREEMENT This Agreement shall take effect upon its proper execution pursuant to and by ordinance of the governing bodies of the parties hereto. The initial term of this Agreement shall be fifteen (15) years following the date of this Agreement, unless otherwise terminated by the parties as provided in Article X. Upon expiration of the term of the Agreement, this Agreement may be renewed subsequent terms of five years each upon the mutual agreement of the parties, until terminated by the parties as provided in Article X of this Agreement, or the Agreement is not otherwise renewed. ARTICLE IV PURPOSE The purpose of this Agreement is to provide the terms and conditions of the joint undertaking of the parties hereto with respect to the System as required by Section 15.2-1300 of the Code. The joint undertaking will involve shared operation and maintenance of the System, and all other things necessary or proper to carry out the foregoing purpose. Details of governance, technical operations and administrative management of the shared radio system will be maintained in a separate document, the Roanoke Valley Radio System Governance and Operations Manual, designated as Appendix C ,which is incorporated herein by reference and made a part of this Agreement. {W2924049.1 011185-089252 } 3 ARTICLE V. SYSTEM CONSTRUCTION AND FINANCING Section 5.1 `BUY IN" TO SYSTEM BY PARTNERS. The Partners acknowledge and agree that Roanoke County has upgraded the existing System from an analog format to a digital format, and incurred the initial costs in upgrading the System's infrastructure at its sole expense. The Partners further acknowledge and agree that the City of Roanoke has already contributed its share of the costs of the System's upgrade and transition to a digital format, by reimbursing the County of Roanoke, the City of Roanoke's share of such costs in the amount of $1,470,202.00. The Partners further agree that Franklin County will pay the amount of $217,747.67 to the County of Roanoke, as Franklin County's required contribution to the System to become a partner in the RVRS. Franklin County agrees to pay such amount to the County of Roanoke when Franklin County, RVRS and Motorola Solution Inc. agree to system acceptance. Section 5.2 FIXED NETWORK EQUIPMENT. The System shall be constructed with the Partners jointly acquiring such Fixed Network Equipment as necessary to meet their individual and mutual communication goals. The System will be comprised of two (2) simulcast cells one providing day to day communications in Roanoke City and Roanoke County, and one providing communications in Franklin County as outlined in the diagram of the System attached as Appendix A. The Partners agree that the costs for the maintenance, repair, and replacement of Fixed Network Equipment shall be the responsibility of the Partner who owns the equipment, except for the System Core, which costs shall be shared equally by the Partners. There shall be no charge to Partners for access to Fixed Network Equipment at any site for radio communications purposes. Section 5.3 ASSOCIATED SYSTEM ASSETS. The Partners agree that the costs for the maintenance, repair, and replacement of Associated System Assets shall be the responsibility of the Partner who owns the equipment.. Section 5.4 COMMON EQUIPMENT: The Partners agree that the costs for the maintenance, repair, and replacement of Common Equipment shall be shared by the Partners. The Purchasing Division of the Roanoke County Finance Department, or its successor agency, will serve as the primary contractor for procurement purposes for Common Equipment. Section 5.5 SUBSCRIBER EQUIPMENT. Each Partner will purchase and maintain its own respective subscriber units. Section 5.6 CLAIMS FOR COSTS OR DAMAGES. In the event that any claim for costs or {W2924049.1 011185-089252 } M damages is made against any Partner arising out of the Contract or as a consequence of the operation of this Agreement, the Partners' System Managers, as defined herein, shall jointly develop and recommend to their governing bodies a proposal for allocation of such costs or damages and for settlement of any claim. If the System Managers are unable to agree to a recommendation, the claim will then be handled in accordance with the procedure for "Resolution of Disputes" as set forth in Section 7.3. Section 5.7 FINANCING OF EQUIPMENT. The Partners hereby acknowledge that each Partner may acquire and finance Fixed Network Equipment serving as part of the System to be owned by that Partner, but located at sites owned by other Partners. The Partners agrees for the benefit of each other Partner that no part of such equipment shall become, or it to be considered as a fixture being affixed to such real estate, it being the intention of all Partners that such equipment shall be and remain the property of the Partner acquiring such Fixed Network Assets. The Partners acknowledge that the Partner acquiring such Fixed Network Assets may enter into a leasing or other financing arrangement, including financing and security agreements for such Fixed Network Assets with one or more third party financing entities. In connection therewith, the Partners (i) consent to the installation of such Fixed Network Assets, (ii) disclaim any interest in the Fixed Network Assets not acquired by such Partner, as fixtures or otherwise; and (iii) agree that such Fixed Network Assets may be removed at any time by the third party financing entity without recourse to legal proceedings, provided: (1) such removal is undertaken in compliance with the provisions of the applicable financing arrangement and the access provisions applicable to each Partner set forth herein, (2) the removal of such equipment does not reduce the functionality of the remainder of the System thereby posing a threat to public health and safety, (3)the System Core is not being removed, (4) written notice is provided to each of the Partner at least thirty (30) days prior to such removal, and (5) the lien securing such equipment is only attached to equipment that is owned by the Partner that financed the purchase of such equipment. ARTICLE VI. OWNERSHIP OF SYSTEM ASSETS Section 6.1 EXISTING SITES AND EQUIPMENT. Ownership of the existing sites, including all real and personal property at each site owned by the City of Roanoke, the County of Roanoke and Franklin County, respectively, at the date of this Agreement, shall not change. Each Partner shall retain ownership of any Associated System Assets, Fixed Network Equipment, including FCC licensed radio equipment, or Subscriber Equipment currently owned by that Partner. Section 6.2 NEW SYSTEM EQUIPMENT. Ownership of any new Fixed Network Equipment acquired by any Partner for use in the operation of the System shall remain with the Partner purchasing such equipment, if purchased solely by that party. If purchased with joint funds of both parties, ownership shall be divided among the purchasing parties in the same proportion that each party contributed toward the purchase. Section 6.3 NEW SUBSCRIBER EQUIPMENT. Ownership of any new Subscriber Equipment acquired for use in the operation of the System shall remain with the Partner {W2924049.1 011185-089252 } 5 purchasing such equipment. Section 6.4 INVENTORY OF SYSTEM ASSETS. The Partners to this Agreement shall cooperate in the development of an accurate inventory of substantial system assets, generally defined as those assets exceeding One Thousand Dollars ($1,000) in value, to distinguish jointly owned assets from assets to be individually owned by the Partners during the term of this agreement or upon its termination or cancellation. ARTICLE VII REPLACEMENT OF SYSTEM ASSETS Section 7.1 EXISTING ASSOCIATED SYSTEM ASSETS. Each Partner represents and warrants to the other Partners that the Associated System Assets owned by that Partner is performing within acceptable specifications on the date of the signing of this Agreement by that Partner. In the event that any existing Associated System Asset is not initially (within thirty days of the date of this Agreement) performing within such specifications, it shall be the responsibility of the owning Partner to replace such equipment with mutually approved equipment at that Partner's expense. Each Partner is solely responsible for replacing Associated System Assets owned by the Partner. Section 7.2 NEW AND EXISTING COMMON EQUIPMENT. The Partners shall be jointly responsible for the replacement as necessary of Common Equipment, to include system software updates, utilized in the System for the mutual benefit of the Partners. Replacement costs shall be shared equally by all partners unless as otherwise mutually agreed. Ownership of replacement equipment shall be equally divided between the Partners unless as mutually agreed by all Partners. Section 7.3 SUBSCRIBER EQUIPMENT. Each Partner shall be solely responsible for the replacement of all Subscriber Equipment owned by that Partner. ARTICLE VIII SYSTEM MANAGEMENT AND MAINTENANCE Section 8.1 SYSTEM MANAGERS. The City of Roanoke, Virginia's Director of its Department of Technology will serve as the City of Roanoke's System Manager, Roanoke County's Director of Communications and Information Technology will serve as the County System Manager. The Franklin County Emergency Communications Co -coordinator will serve as Franklin County System Manager. Section 8.2 SYSTEM MANAGER RESPONSIBILITIES. The RVRS System Managers will jointly develop and implement policies and procedures necessary for the efficient {W2924049.1 011185-089252 } 2 and effective operation and maintenance of the combined System. In addition, they will oversee maintenance functions of the system and be responsible for administrative functions, including billing for maintenance. Finally, they will develop a record keeping system adequate to facilitate the effective administration of this Agreement, to include accurate initial and on-going listings of System assets owned by all Partners. The Partners desire that such inventory listing shall be updated and verified on each anniversary date of this Agreement. Section 8.3 RESOLUTION OF DISPUTES. Any System management issues that cannot be resolved by the System Managers will be referred to the City of Roanoke, Virginia's City Manager, Roanoke County's County Administrator and Franklin County's County Administrator for review and resolution. If there is no resolution at this level, the issue will be submitted to nonbinding alternative dispute resolution procedures as shall be agreed upon by the parties Section 8.4 SYSTEM ASSET MAINTENANCE & UPGRADES Associated System Assets — Cost and labor associated with the routine maintenance of Associated Systems Assets shall be the responsibility of the Partner who owns the equipment. Each Partner must maintain Associated Systems Assets in a manner that will not interfere with the operation of the combined System. Expenses for major repairs, including the overhaul or replacement of major units such as a generator, tower, or UPS, will be the responsibility of the Partner that owns or leases the site where the equipment is to be replaced. Common Equipment- The costs for maintaining the System Core shall be shared equally by all Partners. The maintenance of the remaining equipment is the responsibility of the Partner which owns the Equipment. Maintenance expense shall be shared on all the components of the Common Equipment. Roanoke County shall serve as the contracting agent as it pertains to this agreement for the establishment of a maintenance contract with Motorola Solutions, Inc. The City of Roanoke System Manager and the Franklin County System Manager shall have a right of approval before Roanoke County enters into such a contract and upon any changes to such a contract. Roanoke County shall bill for the Franklin County and the City of Roanoke portion of the Agreement , which shall be based on a division of the costs for the Common Equipment maintenance. Software Upgrades & AntiVirus — It is imperative that the proper software versions and anti-virus signatures be maintained at satisfactory versions. All Partners shall be jointly and equally responsible for the costs associated with software upgrades. Software upgrades will be conduct in a timely manner, as defined by the Governance. Planning for, funding of and scheduling of software upgrades, and necessary equipment upgrade and or replacement, will be coordinated through the Governance team, as defined in the Roanoke Valley Radio System Governance and Operations Manual — as described in Appendix C. Common Equipment — All Partners shall be jointly responsible for the maintenance of the Common Network Equipment beginning when Franklin County, RVRS and Motorola Solutions, Inc. agree to system acceptance. {W2924049.1 011185-089252 } 7 Any costs with Associated System Assets used by only one Partner shall be paid exclusively by that Partner. Maintenance or costs not covered by such a contract will be agreed to in advance by all Partners and paid by Roanoke County. Roanoke County will invoice the City of Roanoke, Virginia, and Franklin County for the agreed upon portion of the bill. All invoices from either party shall be paid in full by the other party within 30 days of the invoice date. Roanoke County will keep detailed records of such maintenance actions for a period not less than 3 years. These records shall be available for review by the City of Roanoke, Virginia's System Manager and Franklin County's System Manager upon request. Maintenance expenses may include, but are not limited to, Motorola Solutions, Inc. or other maintenance contracts for repair or replacement of cards, boards, units, replacement parts and preventative maintenance of the Fixed Network Equipment that is utilized in the System for the mutual benefit of all Partners. When the capacity of the system is no longer adequate to meet the aggregate needs of the parties, or as new technologies emerge that will provide an improved radio system, the Partners shall jointly pursue the acquisition of additional frequencies or equipment necessary to utilize such technologies or frequencies. A mutually agreeable cost sharing arrangement shall be negotiated by the Partners for the acquisition of necessary equipment, and incorporated as an amendment to this Agreement. Subscriber Equipment — Each Partner shall be solely responsible for maintenance, repair, and replacement of Subscriber Equipment owned by that Partner. Section 8.5 ADDITION OF NEW GOVERNMENTAL USERS. RVRS System Managers must agree to the conditions under which additional governmental users that do not have radio unit allocations may be added to the System. The governing body of each party to this Agreement shall formally agree to any third party addition to the RVRS. Section 8.6 GOVERNING BOARD. As stated in the governance policy attached as Appendix C, the Department Managers and Radio Managers of the respective Departments of Technology of each Partner shall comprise the governing board for purposes of management and oversight of this Agreement. ARTICLEIX. INSURANCE OF EQUIPMENT Roanoke County shall insure the personal property (Fixed Network Assets) that comprises equipment located at either the Roanoke County or City of Roanoke sites. Roanoke County shall maintain an insurance deductible of not more than $1000 per occurrence, subject to the availability on the commercial market, or otherwise will not hold City of Roanoke, Virginia, liable for any amount over 50% of the deductible per occurrence as a result of damage or loss occurring to the equipment that is covered by insurance. The County may bill City of Roanoke, Virginia for the cost differential in insurance premiums resulting from adding Roanoke City equipment locations to Roanoke County's current insurance policy. Associated System Assets that are eligible to be insured under Roanoke County's policy may also be insured in the same manner with the owning agency being responsible for the additional insurance premiums. {W2924049.1 011185-089252 } M Franklin County shall insure the personal property (Fixed Network Assets) that comprises equipment located at Franklin County Communication sites. Common Equipment insurance costs shall be shared equally by all Partners. ARTICLE X TERNHNATION OF AGREEMENT Section 10.1 RIGHT TO WITHDRAW. Any Partner to this Agreement has the right to withdraw from this Agreement after its initial term. No such termination shall become effective until twenty-four (24) months after written notice thereof shall have been given to all the other Partners. Section 10.2 DISPOSITION OF JOINT EQUIPMENT. In the event of termination or cancellation of this Agreement, equipment purchased with joint funds of the Partners shall remain on the site to which assigned, and the terminating Partner shall be reimbursed for its share of the equipment purchased with joint funds. The reimbursement shall be the original cost less depreciation, as determined by an independent auditor qualified to value public radio systems jointly selected and compensated jointly in equal amounts by all Partners. Reimbursement shall occur within twelve (12) months of the date of termination. Section 10.3 DISPOSITION OF SEPARATE EQUIPMENT. The terminating Partner may remove any or all of its own separate equipment, unless the removal of the equipment will render the System inoperable. In such case, the Partner may not remove the equipment, but shall be reimbursed pursuant to section 10.2. ARTICLE XI NHSCELLANEOUS Section 11.1 AMENDMENTS. This Agreement may not be amended, modified or otherwise altered without the express written consent of all Partners. Section 11.2 SEVERABILITY. If any provision of this Agreement is held invalid by any court of competent jurisdiction, the holding will not invalidate any other provision. Section 11.3 GOVERNING LAW. This Agreement will be governed by the laws of the Commonwealth of Virginia. Section 11.4 COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which will be original and all of which taken together will constitute one and the same instrument. {W2924049.1 011185-089252 } E Section 11.5 TERMINATION OF EXISTING JOINT AGREEMENT. The parties agree that the joint intergovernmental agreement between the City of Roanoke, Virginia, and the County of Roanoke, Virginia, dated on or around January 2012, is hereby terminated and superseded by this Agreement. The parties represent that neither has any obligations due and owing the other under the terms of such agreement. APPENDICES A. SYSTEM DIAGRAM B. SYSTEM INVENTORY C. ROANOKE VALLEY RADIO SYSTEM GOVERNANCE AND OPERATIONS MANUAL, which is made a part of and incorporated into this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their behalf by their duly authorized officers: ATTEST: By: Title: Date: Authorized pursuant to Ordinance No. {W2924049.1 011185-089252 } 10 CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation LN Title: Date: COUNTY OF ROANOKE, VIRGINIA Lm Title: Date: ATTEST: By: Title: Date: Authorized pursuant to Ordinance No. COUNTY OF FRANKLIN, VIRGINIA Title: Date: ATTEST: By: Title: Date: Authorized Pursuant to Ordinance No. {W2924049.1 011185-089252 } THIS INTERGOVERNMENTAL AGREEMENT ("Agreement" for the establishment of a Joint Public Safety Radio System is entered into as of theWAy of Qe c, 011 by and between the CITY OF ROANOKE (the "City"), a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF ROANOKE (the "County"), a political subdivision of the Commonwealth of Virginia; RECITALS WHEREAS, the City and County have the power to establish a system to serve their fire, police, emergency and other radio communications; and WHEREAS, the City and County have determined that it is in their mutual best interest to jointly cause the existing County 800 MHz trunked radio communications system to be equipped to serve the fire, police, emergency and other radio communication needs of both the City and County thus creating the Roanoke Valley Radio System (RVRS); and WHEREAS, pursuant to Section 15.2-1300 of the Code of Virginia, 1950, as amended, the City and County have determined to exercise jointly their powers with respect to the System, as provided for in this Agreement; and WHEREAS, the City and County desire to enter into this Agreement for the purpose of providing the details relating to the operation of the System and the relationship among the City and County; WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.2-1300 of the Code of Virginia (1950), as amended, do covenant and agree to the following: . I. DEFINITIONS AND WARRANTIES A. DEFINITIONS I. "Agreement" shall mean this Intergovernmental Agreement and any and all amendments hereto. 2. "Associated System Assets" shall mean .System assets and equipment not designated as Fixed Network Equipment that are required for operation of the System, and shall include buildings, dispatch center furniture, fences, generators, grounding systems, HVAC systems, rights of way, roadways, site leases, towers, uninterruptible power supplies (UPS) and the fire alerting MOSCAD equipment. 3. "City" shall mean the City of Roanoke, Virginia, its successors and assigns. 1 4. "County" shall mean the County of Roanoke, Virginia, its successors and assigns. 5. "Fixed Network Equipment" shall mean the System equipment both currently owned and to be purchased by the City and County and located at System sites. This equipment is the infrastructure necessary to facilitate the use of subscriber units on the 800 MHz trunked radio System and other Radio Communications systems and shall include all equipment that is common to both City and County such as antenna network equipment, base stations, controllers, fault management network equipment, radio console equipment at all dispatch centers, microwave network equipment, and simulcast network equipment. 6. "Subscriber Equipment" shall mean the mobile and portable radios used by the City and County on the System. 7. "System" shall mean the radio communications system to be jointly constructed and operated by the City of Roanoke and County of Roanoke. B. REPRESENTATIONS AND WARRANTIES Each of the governing bodies which are parties hereto respectively makes the following representations and warranties, all of which shall continue for the duration of this Agreement: 1. It has full power and authority to enter into this Agreement and to consummate and carry out the transactions contemplated by this Agreement. It has taken or will take all action required by this Agreement and other applicable laws in connection therewith. 2. It has duly authorized the execution and delivery of this Agreement. 3. The execution and delivery of this Agreement and the performance of its obligations hereunder are within its corporate powers and will not conflict with, or constitute a breach or result in a violation of (1) any Federal or Virginia Constitutional or statutory provision, (2) in any material respect, any agreement or other instrument to which such party is a party or by which it is bound, or (3) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over it or its property. 4. There is no litigation at law or in equity or any proceeding before any governmental agency pending or, to its knowledge, threatened with respect to (1) its existence, (2) its authority to execute and deliver this Agreement, (3) the validity or enforceability of this Agreement or the transactions contemplated hereby, (4) the title of its officers who are executing this Agreement, or (5) any authority or proceedings relating to its execution and delivery of this Agreement. 5. It is a duly organized and validly existing public body politic and corporate. II. DURATION OF AGREEMENT This Agreement shall take effect upon its proper execution pursuant to and by ordinance or resolution of the governing bodies of the parties hereto. The initial term of this Agreement shall be fifteen (15) years following its date of execution. Upon expiration of the term of the Agreement, this Agreement may be renewed subsequent terms of five years each upon the mutual agreement of the parties, until terminated by the parties as provided in Section X of this Agreement. III PURPOSE The purpose of this Agreement is to provide the terms and conditions of the joint undertaking of the parties hereto with respect to the System as required by Section 15.2- 1300, Code of Virginia (1950), as amended. The joint undertaking will involve shared operation and maintenance of the System, and all other things necessary or proper to carry out the foregoing purpose. Details of governance, technical operations and administrative management of the shared radio system will be maintained in a separate document, the Roanoke Valley Radio System Governance and Operations Manual, Attachment A which is -incorporated herein and made a part of this Agreement. IV. SYSTEM CONSTRUCTION AND FINANCING A. FIXED NETWORK EQUIPMENT: The System shall be constructed with the City and County jointly acquiring such Fixed Network Equipment as necessary to meet their individual and mutual communication goals. The City and County have agreed upon a shared cost for the acquisition of existing County equipment for the effective operation of the Roanoke Valley Radio System. The System will utilize one site in the City (Mill Mountain) and three sites in the County (Crowell's Gap, Fort 'Lewis Mountain, and Poore Mountain) to provide seamless City and County wide coverage for its users. The City will allow placement of County Fixed Network Equipment at its Mill Mountain site, and the County will allow placement of City Fixed Network Equipment at its Crowell's Gap, Fort Lewis Mountain and Poore Mountain sites, in order to achieve the goal of seamless coverage. There shall be no charge by. the City or County to the other party for access to System Fixed Network Equipment at any site for radio communications purposes. The County's Public Safety Center, located on Cove Road at 5925 Cove Road, Roanoke Va. will serve as the primary equipment site for the System. The City Emergency Communications Center (ECC) located at_215 Church Ave SW, Roanoke, Va. and the County ECC located at 5925 Cove Road, Roanoke, Va. will serve as backup dispatch locations to each other in certain emergency situations. The location of such centers is subject to change upon notice to the other parties. 3 The City and County hereby agree to fund their respective cost shares of the total cost for Fixed Network Equipment. The County's Purchasing Division of the Finance Department, or its successor agency, will. serve as the primary contractor for procurement purposes. B. ASSOCIATED SYSTEM ASSETS: The City and County shall mutually agree to share the costs of any additional Associated System Assets which they determine are necessary for the effective operation of the Roanoke Valley Radio System. Ownership of such Assets shall be shared in proportion to the contribution of each party to the purchase of each Asset. C. SUBSCRIBER EQUIPMENT: The City and County each will purchase and maintain their own respective subscriber units. D. CLAIMS FOR COSTS OR DAMAGES: In the event that any claim for costs or damages is made against the City, the County or both, arising out of the Contract or as a consequence of the operation of this Agreement, the City and County System Managers shall jointly develop and recommend to their governing bodies a proposal for allocation of such costs or damages and for settlement of any claim. If the System Managers are unable to agree to a recommendation, the claim will then be handled in accordance with the procedure for "Resolution of Disputes" as set forth in Section VII.C. V. OWNERSHIP OF SYSTEM ASSETS A. EXISTING SITES AND EQUIPMENT: Ownership of the four existing sites, including all real and personal property at each site owned by the City or County, respectively, at the date of this Agreement, shall not change. Each party shall retain ownership of any Associated System Assets, Fixed Network Equipment, including FCC licensed radio equipment, or Subscriber Equipment currently owned by that party. B. NEW SYSTEM EQUIPMENT: Ownership of any new Fixed Network Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment, if purchased solely by that party. If purchased with joint funds of both parties, ownership shall be divided among the purchasing parties in the same proportion that each party contributed toward the purchase. C. NEW SUBSCRIBER EQUIPMENT: Ownership of any new Subscriber Equipment acquired for use in the operation of the System shall remain with the party purchasing such equipment. D. INVENTORY OF SYSTEM ASSETS: The parties to this Agreement shall cooperate in the development of an accurate inventory of substantial system assets, generally those exceeding One Thousand Dollars ($ 1,000) in value, to distinguish jointly owned assets from assets to be individually owned by either the City or the County during the term of this agreement or upon its termination. 4 VI. REPLACEMENT OF SYSTEM ASSETS A. EXISTING ASSOCIATED SYSTEM ASSETS: Each party to this Agreement represents and warrants to the other that the Associated System Assets owned by that party at the signing of this Agreement is performing within specifications on the date of the signing of this Agreement. In the event that any existing Associated System Asset is not initially (within thirty days of the date of this Agreement) performing within specifications; it shall be the responsibility of the owning party to replace such equipment with mutually approved equipment. B. NEW AND EXISTING FIXED NETWORK EQUIPMENT: The parties to this Agreement shall be jointly responsible for the replacement as necessary of Fixed Network Equipment, to include system software updates, utilized in the System for the mutual benefit of the City and County. Replacement costs shall be shared equally by both parties unless as otherwise mutually agreed. Ownership of replacement equipment shall be equally divided between the City and County unless as mutually agreed by the parties. C. SUBSCRIBER EQUIPMENT: Each party to this Agreement shall be solely responsible for the replacement of all Subscriber Equipment owned by that party. VII. SYSTEM MANAGEMENT AND MAINTENANCE A. CITY AND COUNTY SYSTEM MANAGERS: The City Manager City's Director of its Department of Technology will serve as the City System Manager and the County County's Director of Communications and Information Technology will serve as the County System Manager. B. SYSTEM MANAGER RESPONSIBILITIES: The City and County System Managers will jointly develop and implement policies and procedures necessary for the efficient and effective operation and maintenance of the combined System. In addition, they will oversee maintenance functions of the system and be responsible for administrative functions, including City and County billing for maintenance. Finally, they will develop a record keeping system adequate to facilitate the effective administration of this Agreement, to include accurate initial and on-going listings of System assets owned by both parties to this Agreement. The parties desire that such inventory listing shall be updated and verified on the anniversary date of this Agreement. C. RESOLUTION OF DISPUTES: Any System management issues that cannot be resolved by the City and County System Managers will be referred to the City's Assistant City Manager and the County's Assistant County Administrator for review and resolution. Issues that cannot be resolved at this level will be referred to the City Manager and County Administrator. If there is no resolution at this level, the issue will be submitted to nonbinding alternative dispute resolution procedures as shall be agreed upon by the parties D. SYSTEM ASSET MAINTENANCE & UPGRADES 5 1. Associated System Assets — Cost and labor associated with the routine maintenance of Associated Systems Assets shall be shared equally by both parties. Each party must maintain Associated Systems Assets in a manner that will not interfere with the operation of the combined System. Expenses for major repairs, including the overhaul or replacement of major units such as a generator, tower, or UPS, may be cost shared in a manner mutually agreeable to all parties. J 2. Software Upgrades & AntiVirus — It is' imperative that the proper software versions and anti-virus signatures be maintained at satisfactory versions. Both parties to this Agreement shall be jointly and equally responsible for the costs associated with software upgrades. Software upgrades will be conduct in a timely manner, as defined by the Governance. Planning for, funding of and scheduling of software upgrades, and necessary equipment upgrade and or replacement, will be coordinated through the Governance team, as defined in the Roanoke Valley Radio System Governance and Operations Manual — Attachment A. 3. Fixed Network Equipment — Both parties to this Agreement shall be jointly responsible for the maintenance of Fixed Network Equipment beginning when the City gains beneficial use of the System, as determined by Motorola Solutions, Inc. Thereafter maintenance expense shall be shared on a 50/50 basis. The County shall serve as the contracting agent as it pertains to this agreement for the establishment of a maintenance contract with Motorola Solutions, Inc. The City System Manager shall have a right of approval before the County enters into such a contract and upon any changes to such a contract. The County shall bill the City for the City's portion of the contract, which shall be based on a 50/50 division of the costs for the Fixed Asset maintenance. Any costs associated with Associated System Assets used by only one agency shall be paid exclusively by that agency, Maintenance or associated costs not covered by such a contract will be agreed to in advance by both parties, paid by the County and the County will bill the City for the City's agreed upon portion of the bill. All invoices from either party shall be paid in full by the other party within 30 days of the invoice date. The County will keep detailed records of such maintenance actions for a period not less than 3 years. These records shall be available for review by the City's System Manager upon request. Maintenance expenses may include, but are not limited to, Motorola Solutions, Inc. or other maintenance contracts for repair or replacement of cards, boards, units, replacement parts and preventative maintenance of the Fixed Network Equipment that is utilized in the System for the mutual benefit of the City and County. When the capacity of the system is no longer adequate to meet the aggregate needs of the parties, or as new technologies emerge that will provide an improved radio system, the parties shall jointly pursue the acquisition of additional frequencies or equipment necessary to utilize such technologies or frequencies. A mutually agreeable cost sharing arrangement shall be negotiated by the parties for the 0 acquisition of necessary equipment, and incorporated as an amendment to this Agreement. 4. Subscriber Equipment — Each party to the Agreement shall be solely responsible • for maintenance of Subscriber Equipment owned by that party. E. ADDITION OF NEW GOVERNMENTAL USERS: Both the City and County System Managers must agree to the conditions under which additional governmental users that do not have radio unit allocations may be added to the System. The governing body -of each party to this Agreement shall formally agree to any third party addition to the Roanoke Valley Radio System. F. GOVERNING BOARD -As stated in the governance policy attached as Exhibit A, both parties Department Managers and Radio Managers of their respective Departments of Technology shall comprise the governing board for purposes of management and oversight of this Agreement. VIII. INSURANCE OF EQUIPMENT The County shall insure the personal property (Fixed Network Assets) that comprises the entire Joint 800 MHz Radio System located at either the County or City sites. The County shall maintain an insurance deductible of not more than $1000 per occurrence, subject to the availability on the commercial market, or otherwise will not hold the City liable for -any amount over 50% of the deductible per occurrence as a result of.damage or loss occurring to the equipment that is covered by insurance. The County may bill the City for the cost differential in insurance premiums resulting from adding City equipment locations to the County's current insurance policy. Associated System Assets that are eligible to be insured under the County's policy may also be insured in the same manner with the owning agency being responsible for the additional insurance premiums. X. TERMINATION OF AGREEMENT A. RIGHT TO WITHDRAW: Any party to this Agreement has the right to withdraw from this Agreement after its initial term. No such termination shall become effective until twenty-four (24) months after written notice thereof shall have been given to all the other parties thereto. B. DISPOSITION OF JOINT EQUIPMENT: In the event of termination, equipment purchased with joint funds of the parties shall remain on the site to which assigned, and the terminating party shall be reimbursed for its share of the equipment purchased with joint funds. The reimbursement shall be the original cost less depreciation, as determined by an independent auditor qualified to value public radio systems jointly selected and compensated jointly in equal amounts by all parties to the Agreement. Reimbursement shall occur within twelve (12) months of the date of termination. C. DISPOSITION OF SEPARATE EQUIPMENT: The terminating party may remove any or all of its own separate equipment, unless the removal of the equipment will 7 render the System inoperable. In such case, the party may not remove the equipment, but shall be reimbursed pursuant to section X.B, above. XI. MISCELLANEOUS A. AMENDMENTS: This Agreement may not be amended, modified or otherwise altered without the express written consent of all parties hereto. XII. ATTACHMENTS A. ROANOKE VALLEY RADIO SYSTEM GOVERNANCE AND OPERATIONS MANUAL, which is made a part of and incorporated into this Agreement. WITNESS the following signatures and seals: CITY OF ROANOKE � , AcC&y C44r►sbphew f', /V ►p r -r-1 11 Title: ry) 1'.r4.A vim• .-si54an f Title: /V kt*)aa eAr Date: Date: COUNTY OF OF ROANOKE ATTEST: errt� L �ochr� By: ��?• �2� By-•1..NJ� r Title:/� _'_'_ �� l�Title: �q�3wN Date: % 61—/6q Date: I � 31112 APPRO TO F RM• qwijW' orney ACTION NO. ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Ordinance approving a lease amendment agreement for the Tinker Mountain Tower site SUBMITTED BY: Rob Light Acting Director of General Services Susan Slough Assistant Director of Communications APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke owns and/or rents sites around the Roanoke Valley for the purpose of maintaining towers and antennae for its public safety radio communications system. The tower sites are part of a regional system that also serves the City of Roanoke and the Town of Vinton. One of these tower sites is in Botetourt County on Tinker Mountain. The property is owned by John W. Brandemuehl. This site, which has been used by the County for many years, is important for reaching certain parts of the Valley and also helps to provide back-up capabilities for the system. The current lease expires June 30, 2015. Staff has negotiated with Mr. Brandemuehl to amend this lease and extend the term for an additional five (5) years at an annual cost of $5,427.39. Site rental costs will increase five percent (5%) each year for the term of the agreement. FISCAL IMPACT: The total cost of this lease amendment over the five year period is $29,989.76. Funding is available from the E-911 maintenance account. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE APPROVING A LEASE ADDENDUM AND EXTENSION FOR THE TINKER MOUNTAIN TOWER SITE WHEREAS, the County of Roanoke leases a site located on Tinker Mountain in the County of Botetourt, Virginia, on property previously held by Lee C. Hartman, Jr. and is now owned by John W. Brandemuehl, and is property designated in the Botetourt County Land Records as Tax Map No 106-45; and WHEREAS, the purpose of the site is maintaining towers, antennae and equipment buildings for the operation of its public safety radio communications, systems to provide for E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, the current lease had a term of five (5) years, July 1, 2010 through June 30, 2015, which was approved by Ordinance 091410-3 on September 14, 2010; and WHEREAS, Roanoke County staff has negotiated an additional five (5) -year term, with a five percent (5%) annual escalation in rent, which is the same percentage increase under the current, expiring lease agreement; and WHEREAS, the provisions of Section 18.04 of the Charter of Roanoke County require that the acquisition of any interest in real estate, shall be accomplished by ordinance; the first reading of this ordinance was heard on May 12, 2015 and the second reading was heard on May 26, 2015. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. That an extension of the lease, (attached as "Addendum to Lease Agreement") for a parcel of land owned by John W. Brandemuehl, consisting of 0.0363 acre, more or less, as shown on Exhibit A of the original lease agreement, attached hereto, together with the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site, for an extended term of five years effective as of July 1, 2015, through June 30, 2020 with the rent escalating by five percent (5%) each year is hereby authorized and approved. 2. That the annual rental rate in the first year beginning July 1, 2015, will be Five Thousand Four Hundred Twenty Seven and 79/100 ($5,427.39) for the first (1St) year in the extended lease; the second (2nd) year beginning July 1, 2016, will be Five Thousand Six Hundred Ninety Eight and 76/100 ($5,698.76); the third (3rd) year beginning July 1, 2017, will be Five Thousand Nine Hundred Eighty Three and 70/100 ($5,983.70); the fourth (4t") year beginning July 1, 2018, will be Six Thousand Two Hundred Eighty Two and 88/100 ($6,282.88); and the fifth (5t") year beginning July 1, 2019, will be Six Thousand Five Hundred Ninety Seven and 03/100 ($6,597.03) is hereby authorized and approved. 3. That the rent payment shall be paid from the E911 Maintenance Account. 4. That the County Administrator, or any Assistant County Administrator, or any designee is authorized to execute this lease addendum on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this Page 2 of 3 transaction, all of which shall be upon form approved by the County Attorney's office. Page 3 of 3 ADDENDUM TO LEASE AGREEMENT This Addendum to Lease Agreement, made this day of , 2015 by and between JOHN W. BRANDEMUEHL (hereafter referred to as "Landlord"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter referred to as "Tenant"). WITNESSETH WHEREAS, the Landlord and the Tenant entered into a Lease Agreement on July 1, 2010, for the Premises, certain real property in the County of Botetourt County, Virginia (Tax Map No. 106-45, as shown on the drawing dated January 13, 2003, attached to the original Lease Agreement as Exhibit A, for the purpose of maintaining towers, antennae and equipment building for the operation of its public safety radio communications systems; and WHEREAS, Roanoke County leased this site to provide E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, the Roanoke County Board of Supervisors adopted Ordinance 091410-3 which approved the five-year lease; and WHEREAS, the Lease Agreement had a term of five (5) years, July 1, 2010 through June 30, 2015; and WHEREAS, the parties herein wish to extend the Lease Agreement by Addendum for an additional five (5) years for agreed upon rental payments. THEREFORE, in consideration of these mutual covenants and conditions, the Landlord and the Tenant agree to amend the existing Lease Agreement, by Addendum, to reflect the following: 1. The extended term of this Lease Agreement shall be for an additional five (5) years, said term commencing as of July 1, 2015 and continuing until June 30, 2020 for a parcel of land owned by John W. Brandemuehl, consisting of 0.0363 acre, more or less shown as Exhibit A of the original lease agreement, attached hereto, together with the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site. Page 1 of 2 2. Tenant shall pay the rental amounts as follows: July 1, 2015 Five Thousand Four Hundred Twenty Seven and 39/100, ($5,427.39) July 1, 2016 Five Thousand Six Hundred Ninety Eight and 76/100, ($5,698.76) July 1, 2017 Five Thousand Nine Hundred Eighty Three and 70/100, ($5,983.70) July 1, 2018 Six Thousand Two Hundred Eighty Two and 88/100, ($6,282.88) July 1, 2019 Six Thousand Five Hundred Ninety Seven and 03/100, ($6,597.03) 3. Each payment shall be due on the first day of each term (July 1), payable without demand to Landlord at 1896 Tinker Top Road, Daleville, Virginia 24083. A late fee of $100 shall be imposed for any payments not made within 30 days of the due date. 4. Tenant's obligation to pay continues to be subject to annual appropriations for such payments to the extent necessary in each fiscal year or annual budgets submitted for the purpose of obtaining funding, and, will do no act or make any statement that will cause the disapproval of the appropriation. 5. All the terms of original Lease Agreement dated July 1, 2010 remain in full force and effect, with it being the intent of the parties to only modify and/or change the rental payment and term of the lease agreement. Either the County Administrator of Roanoke County, Virginia, or his designee, hereby joins in the execution of this instrument to signify the acceptance and approval by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by the Board of Supervisors on the day of , 2015. Witness the following signatures and seals: (SEAL) John W. Brandemeuhl Approved as to form: Board of Supervisors of Roanoke County, VA (SEAL) Paul M. Mahoney Thomas C. Gates County Attorney County Administrator Page 2 of 2 This LEASE AGREEMENT, made and entered into this 1st day of July, 2010, by and between JOHN W. BRANDEMUEHL (hereinafter referred to as "Landlord"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, (hereinafter referred to as "Tenant"). WITNESSETH: That for and in consideration of these mutual covenants and conditions, the Landlord lets to the Tenant and the Tenant hires from the Landlord, the below described premises on the following terms and conditions: 1. The Landlord agrees to lease to the Tenant and the Tenant agrees to lease from the Landlord, in accordance with the terms and conditions set forth in this agreement, that certain real property situated on Tinker Mountain approximately 3.7 miles north of Roanoke, Virginia, (Lat. 37 22'23" N, Long. 79 5540" W) in the County of Botetourt, Virginia, as shown on the drawing dated January 13, 2003, attached hereto as Exhibit A, and more particularly described as follows and hereinafter referred to as the'Premises', to -wit: That certain parcel of land delineated by a chain link fence and being shown and designated on the attached Exhibit A as "FENCED AREA - 1580.06 SQ. FT. - 0.0363 AC.", specifically including but not limited to, the non-exclusive, unrestricted right of access to, from, upon and within said parcel, and the exclusive use of the 10' x 10' parcel of land, being a total of 100 square feet, more or less, designated upon the attached Exhibit A as "RKE. CO. BLDG. -100 sq. ft."; and, Together with the non-exclusive right of ingress, egress and regress to and from the above-described 'Fenced Area' upon, over and across that certain existing gravel access and private driveway leading to and from Tinker Top Road, also known as the Frontage Road. Landlord further grants such agreement and consent as may be necessary, pursuant to a separate agreement between the Landlord and Emergency Medical Services of Virginia, Inc. (EMS), to Tenant's location, use and maintenance of an antenna and all necessary or related appurtenances upon the EMS tower within the premises, referenced upon the attached Exhibit A as "EXISTING TOWER." Page 1 of 7 2. The term of this lease shall be for a period of five (5) years, said term commencing as of July 1, 2010, and continuing until June 30, 2015. 3. The Tenant shall pay as rent the sum of Four Thousand Two Hundred Fifty -Two Dollars & 50/100 ($4,252.50) per year for the first year of the lease term, to Landlord at 1896 Tinker Top Road, Daleville, Virginia, 24083, without demand therefor. The rental payment for the first year for the rental period from July 1, 2010, through June 30, 2011, shall be due and payable within thirty (30) days of the execution of this agreement by both parties hereto. Thereafter, rent shall be due on the first day of each yearly period during the lease term and any renewal term. A late fee of $100.00 shall be imposed for any payments not made within 30 days of the due date. Beginning July 1, 2011, the Tenant shall pay to the Landlord as rent the sum of Four Thousand Four Hundred Sixty -Five Dollars & 13/100 ($4,465.13) per year for the second year of the lease term. Beginning July 1, 2012, the Tenant shall pay to the Landlord as rent the sum of Four Thousand Six Hundred Eighty-eight Dollars & 38/100 ($4,688.38) per year for the third year of the lease term. Beginning July 1, 2013, the Tenant shall pay to the Landlord as rent the sum of Four Thousand Nine Hundred Twenty-two Dollars & 80/100 ($4,922.80) per year for the fourth year of the lease term. Beginning July 1, 2014, the Tenant shall pay to the Landlord as rent the sum of Five Thousand One Hundred Sixty-eight & 94/100 ($5,168.94) per year for the fifth year of the lease term. 4. During the term of this lease, Landlord shall remain responsible for the payment of all taxes and assessments imposed on the premises. 5. It is understood and agreed by the parties that the premises shall, during the term of this lease, be used for the installation, operation and maintenance of radio equipment, including base stations, cabling or wiring and accessories for such equipment. All of the Tenant's equipment placed on the premises shall remain personal property of the Tenant notwithstanding the fact that it might otherwise be deemed to be fixtures. It is the understanding of the parties that the Tenant has placed an equipment building on the premises immediately adjacent to the EMS site. Page 2 of 7 6. The Tenant may terminate this lease only if the site becomes unfit for the Tenant's purposes. Any such termination shall be effective ninety (90) days after mailing to the Landlord of the Tenant's notice to terminate this lease. The Landlord may terminate the lease for any default of the Tenant in the performance of this lease not remedied within 30 days following notice by the Landlord of such default. 7. This lease may not be assigned nor the premises sub -let, in whole or in part, without the express written consent of the Landlord. 8. The parties acknowledge that the leased premises consist of land area only. The Tenant shall keep and maintain the premises in good and safe condition. Upon the expiration of this lease, the Tenant shall surrender the premises in good condition free and clear of trash and debris and in the same condition as when this lease began. No property of the Tenant shall be abandoned on the premises without the express consent of the Landlord. 9. The Landlord makes no representation regarding the present or future usability of the site for the Tenant's intended purposes. Any governmental permits, licenses or authorization necessary to use the premises for the Tenant's purposes must be obtained by the Tenant at the Tenant's sole cost and expense. 10. In the event of default by the Tenant in the timely payment of rent or the performance of any of the other obligations of this lease, the Tenant agrees to pay Landlord for any expenses incurred by the Landlord in the enforcement of this lease including court costs and attorney's fees. 11. Any notice to the parties may be given to the following addresses and shall be effective upon deposit in the U. S. Postal system, certified mail with sufficient postage affixed: Landlord John W. Brandemuehl 1896 Tinker Top Road Daleville, VA 24083 Tnnant Board of Supervisors of Roanoke County Attn: Director of General Services 1206 Kessler Mill Road Salem, VA 24153 With a copy to: Page 3 of 7 Roanoke County Attorney Roanoke County Administration Center P. O. Box 29800 Roanoke, VA 24018 12. The Tenant during the term of this lease or any extension thereof will maintain a policy of general liability insurance (including property damage and bodily injury), with a carrier licensed to do business in the Commonwealth of Virginia, or self-insurance as approved by the State of Virginia, providing minimum liability coverage's of $300,000.00, with no annual aggregate. 13. (a) Tenant' obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. Tenant will perform all acts lawfully within its power to obtain and maintain funds from which payments hereunder may be made, including making requests for appropriations for such payments to the extent necessary in each fiscal year or annual budgets submitted for the purpose of obtaining funding, and, will do no act or make any statement that will cause the disapproval of the appropriation. (b) Any other provision of this lease to the contrary notwithstanding, this agreement shall not constitute a debt of the County within the meaning of any limitation on indebtedness of the County under the Constitution or laws of the Commonwealth of Virginia, including the Charter of Roanoke County, Virginia, and failure of the Board of Supervisors of Roanoke County, Virginia to appropriate funds in any year for payment in full of the payments required by paragraph 3 or any other provision of this lease during such year shall, ipso facto, terminate this lease and render this lease null and void without further liability on the part of the County of any kind whatsoever, except for its obligation to maintain the property described in this lease and to surrender possession of same to the Landlord if prior to or at such time of non- appropriation, funds are not or have not been appropriated or are not available for the purchase, lease or rental of premises to perform a like function as the premises described herein. (c) (1) Should this lease agreement be terminated by the Tenant for non - appropriation or non-availability of funds under subparagraph (b) above and thereafter during Page 4 of 7 the original term of this lease funds are appropriated and are made available for the purchase, lease or rental by the Tenant of premises to perform the same function as the premises described herein, then the Tenant shall, to the maximum extent permitted by law, procure such premises from the Landlord. (2) The Tenant shall use its best efforts to give the Landlord reasonable, and if possible, prior written notice of any termination of this lease for non - appropriation of funds under subparagraph (b) above. 14. The Landlord covenants and represents that he has the full and complete ownership of the leased premises; that he has the full power and right to execute this lease and to perform the obligations hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 15. In the event that the Landlord intends to sell the leased premises, the sale and conveyance thereof will be made subject to the provisions of this lease. 16. This Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 17. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors, and assigns. 18. This Agreement shall be executed in duplicate, each of which shall constitute an original. 19. B. Clayton Goodman I11, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance and approval by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. 091410- 3 adopted by said Board of Supervisors on the 14th day of September, 2010. Page 5 of 7 WITNESS the following signatures and seals: / SEAL) John W. Brandemuehl Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA B � 1 SEAL Y (SEAL) Paul M. Mahoney B. 04hyton Goodman II County Attorney County Administrator Loonwealth of Virginia, n /City of v to -wit: The foregoing instrument was acknowledged before me this �.(� day of 2010, by John W. Br sldemuehl, Landlord. 1 Notary Niblic My commission expires: : V OF x Commonwealth of Virginia, �� OTgRYPVO� ; County/City of Roanoke, to -wit: 9�' The for going instrument was acknowledged before me this day of 2010, by B. Clayton Goodman III, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public �ti`° IE 0. • • • • �'p '�, J. ` � • RFG y �y r My commission expires: Io� • , �,� Y e� • :, )Page' Of -6 -k, ..rt { f r p `lam �f �+^�l{r h E�� ..y�.T'•��Y .. •rr�•�•-~ E �L�! r..� ,� ; rrt,r. �. '� � � �. __ate•" ".r 1},i • ' "•-. )y.r ,� oQ . 0,[(7/x; ( •r'�,; � : �� :;.r ��:��:; • , qjb Ar Ar Yl. r LY 0 ° 0 00 (D d- LLI z 0- W E Lo 1+ ^ Q W 0 C-4 n J LdLLJ � z W�Q•r,� (rr i r�r 7� � .Lr : Y'�' .l � � 1 • � y, ry + r ,'fie'. ..;:� -•L~ - � r mar �• it � .' N • • Y•{' .: ','••ay J'A S• ,� � .,�rnLjj 0 � Q nQ '�. '.1• _ LIViSSi' LL •'� •'r'• :.fit _�� = ' .�•: •"� j,+• t ' a e ..;:� -•L~ - � r mar �• it � .' N • • Y•{' .: ','••ay J'A 0 � Q nQ '�. '.1• _ LIViSSi' LL •'� •'r'• :.fit _�� = ' .�•: •"� j,+• t ' a e ACTION NO. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Ordinance accepting and appropriating a Stormwater Management (SWM) Program fee in the amount of $14,904 from the Department of Environmental Quality to the Department of Community Development's minor capital National Pollutant Discharge Elimination System (NPDES) account for stormwater permit fees collected from local projects prior to July 1, 2014 SUBMITTED BY: Tarek Moneir Deputy Director of Development Services APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On July 1, 2014, Roanoke County became the Local Authority for the Virginia Stormwater Management Program (VSMP) which authorized the County to manage the state program. The state program is administered through the Virginia Department of Environmental Quality (DEQ). The VSMP program manages land -disturbing activities resulting from development activities within the County. As part of administering this program, the County collects permit fees associated with the type and size of a land disturbance/development activity. The permit fee is to provide coverage under the state General Permit for Discharge of Stormwater from Construction Activities. This permit fee is split 28/72% between Virginia Department of Environmental Quality and the County respectively. The purpose of the fees is to help the local authority and the DEQ pay for the costs associated with the administration and management of the program. Page 1 of 2 FISCAL IMPACT: Funds from the State of $14,904 will provide funding for technology that will enhance and improve efficiency both in the Drainage Maintenance and MS4 (Municipal Separate Stormwater Sewer System) programs. ALTERNATIVES: 1. Adopt the ordinance accepting and appropriating the Stormwater Management Program Fee in the amount of $14,904 to the Department of Community Development's minor capital "National Pollutant Discharge Elimination System" (NPDES) account. 2. Do not adopt the ordinance STAFF RECOMMENDATION: Staff recommends alternative 1. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MAY 26, 2014 ORDINANCE ACCEPTING AND APPROPRIATING A STORMWATER MANAGEMENT (SWM) PROGRAM FEE IN THE AMOUNT OF $14,904 FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S MINOR CAPITAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) ACCOUNT FOR STORMWATER PERMIT FEES COLLECTED FROM LOCAL PROJECTS PRIOR TO JULY 1, 2014 WHEREAS, on July 1, 2014, Roanoke County became the Local Authority for the Virginia Stormwater Management Program (VMSP); and WHEREAS, part of administering the program, the County collects permit fees associated with VMSP program activity. The permit fee is to help pay for costs associated with administration and management of the program and the County splits the collected fees with the Virginia Department of Environmental Quality (DEQ) 28% to 72% respectively; and WHEREAS, prior to July 1, 2014, DEQ collected fees associated with providing coverage under the state General Permit for Discharge of Stormwater from Construction Activities and as part of the program transition from State to Local administration, DEQ has now forwarded Roanoke County's portion of the program fees to the County in the amount of $14,904; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on May 12, 2015, and the second reading was held on May 26, 2015. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as Page 1 of 2 follows.. 1. That the sum of $95,386 is hereby appropriated from the Virginia Department of Environmental Quality to the Department of Community Development; and 2. The funds are to be allocated to the "National Pollutant Discharge Elimination System" (NPDES) account (103109-6509) to provide for technology that will enhance and improve efficiency of the programs; and 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. K.1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: May 26, 2015 Appointments to Committees, Commissions and Boards Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District): The following one-year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. The following one-year terms expired on August 31, 2014: a) Jason B. Moretz, representing the Windsor Hills Magisterial District; Mr. Moretz is eligible for reappointment 2. Clean Valley Counsel (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expires June 30, 2015. 3. Economic Development Authority (appointed by District) The following four-year term expired on September 26, 2014: a) Paul Henkel, representing the Hollins Magisterial District; Mr. Henkel is eligible for reappointment Page 1 of 2 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) Atul Patel, representing the Windsor Hills Magisterial District has resigned his appointment effective August 27, 2014. His appointment was a three (3) -year term that expires on June 30, 2015. Page 2 of 2 L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the certain section of the agenda of the Board of Supervisors for May 26, 2015, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows.. 1. Approval of minutes — April 28, 2015 2. Confirmation of appointments to the Clean Valley Council, Roanoke Valley - Alleghany Regional Commission, Roanoke Valley Convention and Visitors Board and the Western Virginia Regional Water Authority 3. Request to accept and allocate funds in the amount of $1,382.64 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2014/2015 Page 1 of 1 ACTION NO. ITEM NO. L-2 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: May 26, 2015 Confirmation of appointments to the Clean Valley Council, Roanoke Valley -Alleghany Regional Commission, Roanoke Valley Convention and Visitors Board and the Western Virginia Regional Water Authority Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Clean Valley Council: Supervisor Moore has recommended the reappointment of Theresa Passeretti as Board Liaison to the Clean Valley Council for an additional two-yearterm to expire June 30, 2017. Roanoke Valley -Alleghany Regional Commission: Supervisor Moore has recommended the reappointment of Lee Osborne as a citizen appointment to the above Commission. This is a three-year term and will expire June 30, 2018. Roanoke Valley Convention and Visitors Board: Staff has recommended the reappointment of Richard L. Caywood, Assistant County Administrator and Douglas M. Blount, Director of Parks, Recreation and Tourism to an additional three-year term, which will expire June 30, 2018. Page 1 of 2 Western Virginia Water Authority: During closed session on May 12, 2016, it was the consensus of the Board to recommend the appointment of Thomas C. Gates, County Administrator to the Authority for a four-year term, which will expire June 30, 2019. Page 2 of 2 ACTION NO. ITEM NO. L-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Request to accept and allocate funds in the amount of $1,382.64 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2014/2015 SUBMITTED BY: Steven A. McGraw Clerk of Circuit Court APPROVED BY: Thomas C. Gates 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 $1,382.64. These funds have been earmarked for the purpose of maintenance and postage needs. These funds need to be appropriated to the Clerk of Circuit Court. FISCAL IMPACT: Ordinance #052714-4 appropriated various grants, donations, and other miscellaneous revenues for various functions and purposes for the 2014-2015 fiscal year. Funds in the amount of $1,382.64 will need to be appropriated as follows: 102817-5850: $1,291.64 and 331000-5210 $91. STAFF RECOMMENDATION: Staff recommends appropriating $1,382.64 to the Clerk of Circuit Court for the fiscal year 2014/2015. Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited balance at June 30, 2014 $ 21,266,557 Addition of 2013-14 operations 532,638 N-1 % of General Fund Revenue 11.00% * Balance at May 26, 2015 $ 21,799,195 11.00% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2013-14 - Goal of 11 % of General Fund Revenues 2013-14 General Fund Revenues 11 % of General Fund Revenues ** 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues 11 % of General Fund Revenues $193,332,334 $21,266,557 $198,174,499 $21,799,195 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited balance at June 30, 2014 Addition of 2013-14 operations Fire Truck Loan Repayment for 2014-15 July 8, 2014 Appropriation for replacement of Financial System August 12, 2014 Appropriation for construction of Water Spheroid Water Tower Design March 24, 2015 Appropriation for the purchase of four automated solid waste vehicles Balance at May 26, 2015 N-2 Amount $ 3,407,630 605,096 300,000 (1,500,000) (200,000) ($1,000,000) $ 1,612,726 Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2014 $ 1,295,364 Addition of 2013-14 operations 1,305,748 Balance at May 26, 2015 Technoloav Caoital Reserve $ 2,601,112 (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Audited balance at June 30, 2014 $ 121,137 Addition of 2013-14 operations 192,921 Balance at May 26, 2015 $ 314,058 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator N-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2014-2015 Original Budget $ 100,000 Addition from 2013-14 operations 28,231 June 10, 2014 Transfer funds for Special Assistant for Legislative Relations (33,080) October 14, 2014 Transfer funds to Hidden Valley High School for repairs to track (28,231) May 12, 2015 Transfer funds for the June 9, 2015 Republican Primary Election $ (18,910) May 12, 2015 Transfer funds for the Appalachian Power Company negotiations $ (6,546) Balance at May 26, 2015 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator $ 41,464 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding June 30, 2014 Additions Deletions Outstanding May 26, 2015 N-4 General Obligation Bonds $ 6,150,390 $ - $ - $ 6,150,390 VPSA School Bonds 92,638,652 19,973,906 8,301,435 104,311,123 State Literary Loans 2,273,592 - 447,817 1,825,775 Lease Revenue Bonds 79,182,582 - 2,213,212 76,969,370 Capital Lease obligation 849,437 - 107,921 741,516 $ 181, 094, 653 $ 19, 973, 906 $ 11, 070, 385 - $ 189, 998,174 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator O N V 00 N_ a 00 M r V O M M (O O M M w LO M 0 O O 0 M V I- N N M LO O O M M V (O MJ 00 LO (O r- O O V N M M O O V O l!7 N V N N O O O Cl) 00 (O LO N (D r- 00 LO OD N M r V O r- O � C LO LO O 00 R V M V O V 00 O N M w O 0 (D 0 O LD (D N O O O M O C N O 00 rl- O R N V O M N r- M V V LO 00 N ,^ V ! 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ITEM NO. N-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: APPROVED BY: May 26, 2015 Accounts Paid—April 2015 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payment 04/10/15 $ - $ - $ 8,010,407.59 Payroll 04/24/15 1,217,464.58 64,135.16 1,281,599.74 Payroll 1,150,220.86 56,416.96 1,206,637.82 Manual Checks - 1,032.64 1,032.64 Grand Total $ 10,499,677.79 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NUMBER N-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: May 26, 2015 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30 -Apr -15 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 5,721,131.56 5,721,131.56 GOVERNMENT: SCOTT STRINGFELLOW CONTRA 9,407.00 SCOTT STRINGFELLOW 35,011,268.13 WELLS FARGO 13,095,238.08 WELLS FARGO CONTRA (9,966.20) 48,105,947.01 LOCAL GOVT INVESTMENT POOL: 2,508,005.13 GENERAL OPERATION 3,173,503.15 3,173,503.15 MONEY MARKET: BRANCH BANKING & TRUST 1,080,977.75 SCOTT STRINGFELLOW - JAIL 1,102,433.84 SCOTT STRINGFELLOW 23,977,279.48 UNION FIRST 3,070,858.87 VALLEY BANK 2,508,005.13 WELLS FARGO 6,409,872.56 38,149,427.63 TOTAL 95,150,009.35 05/26/2015 ACTION NO. ITEM NO. 0-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2015 AGENDA ITEM: Work session to discuss House Bill 2 with Michael Gray, District Planner and Dan Collins, Residency Administrator of the Virginia Department of Transportation SUBMITTED BY: APPROVED BY: Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for the Michael Gray, District Planner and Dan Collins, Residency Administrator with the Virginia Department of Transportation to discuss House Bill 2 with the Board of Supervisors. Page 1 of 1 ACTION NO. ITEM NO. 0-2 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: May 26, 2015 Work session to discuss Roanoke County's Secondary Roads System Six -Year Improvement Plan for fiscal years 2016-2021 David Holladay Planning Administrator Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the work session, Roanoke County and Virginia Department of Transportation (VDOT) staff will review with the Board the County's Secondary Roads Six -Year Improvement Plan for fiscal years 2016-2021. Discussion of the County's Six -Year Plan will include a review of: State funds available for secondary road improvement projects, Countywide incidental improvements and the numbered projects listed in the plan. 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REQUEST To amend a Special Use Permit condition to allow for the addition of a microwave antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density, District with Special Use Permit and AV, Agricultural/Village Center, District on approximately 35.85 acres, located at 6334 Franklin Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Brian Hughes presented the staff report. The design engineer for the applicant, Kevin John Allen, described the detail of the antenna and the proposed location of the antenna on the existing tower. Gene Marrano asked additional questions clarifying the type, detail and location of the proposed antenna. Mr. Marrano also asked questions related to the type of service the proposed antenna would serve and spoke to the need of the antenna. Mr. Allen described in detail the purpose of the microwave dish, the AT&T coverage map and how the proposed antenna will help better serve the area and improve the overall function of the tower. Rick James asked additional questions related to the proposed antenna and the need. Mr. James also asked the applicant if any ground level equipment was proposed. Mr. Allen did indicate an additional cabinet was needed if the proposed antenna was approved. D. SPECIAL USE PERMIT CONDITION (AMENDED) The height of the tower structure, excluding any antenna attached to the structure, shall not be more than 152 feet. Nle minrn n,o"o er ether dosh type atenn�noll�o�II P en the tevPcr. This structure shall be constructed to accommodate a structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accommodate co -location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. Page 1 of 2 P-1 E. COMMISSION ACTION Mr. Marrano made a motion to approve the petition. The motion carried 4- 0 with Ms. Hooker being absent. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 2 of 2 STAFF REPORT Petitioner: PEG Bandwidth Request: Amend a special use permit condition allowing for the addition of a microwave/dish type antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density District with special use permit and AV, Agricultural/Village Center District on approximately 35.85 acres. Location: 6334 Franklin Road Magisterial District: Cave Spring Amended Condition: 1. The height of the tower structure, excluding any antenna attached to the structure, shall not be more than 152 feet. No MiGrowave or other dish type ante shall be allowed an the taweF. This structure shall be constructed to accommodate a structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accommodate co -location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. EXECUTIVE SUMMARY: PEG Bandwidth is requesting to amend a special use permit condition allowing for the addition of a microwave/dish type antenna to an existing broadcasting tower. The site is located at 6334 Franklin Road and is approximately 35.85 acres is size. The parcel is currently split zoned between AG -1S (23.75 acres) and AV (12.1 acres). The existing broadcasting tower is located on the portion of the parcel zoned AG -1 S. A special use permit was obtained in September of 1997, allowing for the broadcasting tower use. The Board approved that application, while imposing eight conditions. The current request, if approved, would amend condition number one, removing the following language: "No microwave or other dish type antenna shall be allowed on the tower." The Roanoke County Comprehensive Plan designates this property as Core. APPLICABLE REGULATIONS The AG -1 zoned district allows for a broadcasting tower with a special use permit. The previous applicant (Michael Pruden for CFW Wireless) obtained a special use permit in September of 1997. Below are the eight conditions associated with that approval: 1. The height of the tower structure, excluding any antenna attached to the structure, shall not be more than 152 feet. No microwave or other dish type antenna shall be allowed on the tower. This structure shall be constructed to accommodate a structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accommodate co - location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. 2. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. 3. No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. 4. This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co -locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to cover the capital, operating and maintenance costs of the tower location required for the additional capacity. 5. If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 6. Any damage to the existing road, resulting from the construction or operations of the tower, shall be repaired at the expense of the petitioner. 7. Public emergency communications equipment shall be accommodated at no expense to the County. 8. The applicant shall install a locked gate at the entrance to the private right-of-way. Roanoke County requires a building permit review for construction of a microwave dish antenna. ANALYSIS OF EXISTING CONDITIONS Background — In September of 1997, a special use permit was obtained for the construction of a communications tower (now classified as a broadcasting tower). A broadcasting tower is defined as: "any structure that is designed and constructed primarily for the purpose of supporting 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. Broadcasting tower types include, but are not limited to: monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately." The existing tower is a 150 foot lattice type structure located just below the ridge crest, at a base elevation of approximately 1,200 feet. The tower and ground level fenced equipment area measures 40 feet by 60 feet. Topography/Vegetation — The total parcel is heavily wooded with a mixture of mature deciduous and coniferous trees. The existing tower is located on a minor ridge line. The tower is situated on the southwest portion of the parcel zoned AG -1 S. Surrounding Neighborhood —The adjoining properties are zoned AG -1, Agricultural/Rural Low Density District and AG -3, Agricultural/Rural Preserve District. Adjacent land uses consist of a mixture of residential, vacant and agricultural uses. The entire surrounding area is rural in nature. Access to the site is provided by Red Hill Road, which is maintained by VDOT for approximately 400 feet. Beyond this point, tower access is by a private street, shared by three existing single family residences, and a logging road. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — This request, if approved, would allow for placement of a microwave dish antenna on the existing tower. Current SUP conditions do not allow for placement of this type of antenna on the existing broadcasting tower. The proposed antenna measures 76.3 inches in diameter. The applicant proposes no other changes to the tower. Equipment will be added to the existing ground level equipment cabinet. 2 Access/Traffic Circulation - This request would not require any changes to current tower access. VDOT has no objections to this request. Fire & Rescue/Utilities/Office of Building Safety - The Fire Marshall's Office has no objections to the applicant's request. Neither the Western Water Authority nor Roanoke County Building Commissioner had comments on the proposed action. Economic Development - This department had no objections to the request. Roanoke County Communications and Information Technology - This department had no concerns with Roanoke's Ring microwave system. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Community plan designates this site as Core. Core is a future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core area may also be appropriate for larger -scale highway - oriented retail uses and regionally -based shopping facilities. STAFF CONCLUSIONS This is a request to amend a special use permit condition allowing for the addition of a microwave antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density District with special use permit and AV, Agricultural/Village Center District. This parcel is approximately 35.85 acres and is located at 6334 Franklin Road. The existing condition (1) does not currently allow for microwave or other dish type antennas on the tower. If approved, all additional conditions would remain. The definition of a broadcasting tower, the intent of broadcasting tower use and design standards and the additional conditions for the special use permit all encourage the co -location of antennas on existing towers. In addition, the proposed microwave antenna would have a negligible visual impact on surrounding properties. CASE NUMBER: 7-512015 PREPARED BY: Rebecca M. James 1 Brian Hughes HEARING DATES: PC: 5/5/2015 BOS: 5/26/2015 ATTACHMENTS: Application Ordinance 092397-9 Aerial Map Zoning Map Land Use Map AG -1 District Standards AV District Standards Broadcasting Tower Use and Design Standards Pictures County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P D Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date received Received hy_! ❑ Rezoning 6 Special Use ❑ Variance ❑ Waiver 17 Administrative Appeal Comp Plan (15.2-2232) Review �}❑ licants name/addr s wf i.p Phone: 3-71— 6 &/ D Work: Application e: 6 (IItYP Owner's name/ad s w zip Phone #: 5XV) 99*V - ffO S E z G(i�Rx%r '1 /�� work: E� r FJ GQ a-) �L�l%fJ �r Fax No. #: Placards issued_ BOid Magisterial District: CO L� /�7/.Xt=- S 0 AWA R1 i1 06-5 Case Number ALL APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning 6 Special Use ❑ Variance ❑ Waiver 17 Administrative Appeal Comp Plan (15.2-2232) Review �}❑ licants name/addr s wf i.p Phone: 3-71— 6 &/ D Work: Cell #: 73V 4 3-71 -- /O Fax No.: Owner's name/ad s w zip Phone #: 5XV) 99*V - ffO S E z G(i�Rx%r '1 /�� work: E� r FJ GQ a-) �L�l%fJ �r Fax No. #: �,;Alo 4"�) V-/0&, Pro rty � �/Lca r�'4 c Magisterial District: CO L� /�7/.Xt=- S 0 AWA R1 i1 06-5 e4t1 ) Community Planning area: Tax Map No.: r r, l Existing Zoning: o-,4 A\/ Size of parcel(s): Acres: _ Existing Land Use: Co, /-7avS 7 2;G REZONING, SPECLAL USE PERM[T, WAIVER AND COMP PLAN (IS 2-.2232) REYIEW .APPLICANTS (R/S/W/CP) Proposed Zoning:14C7 — cu -a( �J - m=--cl ConcU44-1 O r d,�- `� Proposed Land Use: KV4.1 �/,ill Does the parcel meet the minimum lot area, width, andfrontage requirements of the requested district? Yes By No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No VARIANCE, WAIVER AND ADMINISTRATIVE APPEALAPPLICANTS Variance/Waiver of Section(s) of the Roanoke County Zoning Or hi N -to: Appeal of Zoning Administrator's decision to r Appeal of Interpretation of Section(s): of the Roanoke County Zoning Oftfince Appeal of Interpretation of Zoning Map to P V Is the application complete? Please check if enclosed. APPLICATION WILL NOTrft CCT EV I V'ANY HESE ITEMS ARE MISSING OR INCOMPLETE. CaiiVOIOPMent Cb RIS ICP V/AA [t /W/CP VIAA R/S/W/CP V/AE4` tl�jConsultation $ 1/2" x t I" concept plan Ap n f Application Metes and bounds description Pro i Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner the p e�ty ner' agent or Tact purchaser and am acting with the knowledge and consent f the owner. '�`- 1--- Owner's Signature JUSTIFICATION FOR REZONING, SPECIAL USE P1 REQU Applicant RMI T. WAIVER OR. COMP PLAN (i5.2 -2z32) REVIEW 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. 17,465- C7 - 7W' 166U4, 0 J/ - K' 4 &', 2,557e�5 --cJAZ 7'��e5 01 7 '7-7,ze- E 1-?--) evze:w-hir �2b�� 7Y aa__ cal)'Vl 952V, Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. 7 ?A- U Please describe the impact(s) oftherequest 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. 11UC2 01/9NC7� U -WV -7,50 ;QNCEPT 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 pian 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 pian is required with all rezoning, special use permit, waiver, community plan (15.22232) 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: A1.,APPLICANTS a. Applicant name and name of development ""z 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. £ The zoning and land use of all adjacent properties 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 information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the 1. Any driveways, entrances/exits, curb openings and crossovers . Topography neap 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 T q. If project is to be phased, please show phase schedule l certify , all 're fired ' c ist above are complete. _,. - Signature of applicant Bate Community Development Planning & Zoning Division :a 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 sufficient time for all necessary reviewing parties to evaluate the never 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 fiirther traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Nate: a last of potential land uses and situations that would necessitate ficrther 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. myeetive mats: April f.9, 2095 Date _Z H u 0 Q z L _O = C Z Q C E3 c: we 1 L z kAm L - k7 r -mi Unofficial Property Record Card - Roanoke County, Virginia General Property Data Parcel ID 107.00-02-19,00-0000 Prior Parcel ID Property Owner WRAY MICHAEL A Mailing Address 5650 YELLOW MOUNTAIN RD City ROANOKE Mailing State VA Zip 24014 Account Number 45581 Property Location 6332 FRANKLIN RD Property Use TWRITRNMTR Most Recent Sale Date 2/24/1997 Legal Reference DB0015341250 Grantor GARBER CARROLL SUE Sale Price 65,000 Jurisdiction-ZoningCode- Multiple Zonings Land Area 35.85 - AC Description Current Property Assessment Card 1 Value Building Value 0 Xtra Features 0 Land Value 124,700 Total Value 124,700 Value Total Parcel Building Value 0 Xtra Features 60,400 Land Value 124,700 Total Value 205,100 Value Value Building Style NIA # of Living Units N/A Year Built NIA Style/Story Height NIA Insulation NIA Finished Area (SF) NIA Building Description Foundation Type NIA Frame Type NIA Roof Structure NIA Roof Cover NIA Primary Ext. Siding NIA Interior Walls N/A Flooring Type NIA Basement Floor NIA Heating Type NIA Heating Fuel N/A Air Conditioning 0% # of Bsmt Garages 0 Number Rooms 0 # of Bedrooms 0 # of Full Baths 0 # of 314 Baths 0 # of 112 Baths 0 # of Other Fixtures 0 Legal Description BACK CREEK Narrative Description of Property This property contains 35.85 - AC of land mainly classified as TWRITRNMTR with a(n) NIA style building, built about NIA, having NIA exterior and NIA roof cover, with NIA unit(s), 0 room(s), 0 bedroom(s), 0 bath s , 0 half bath(s). Property Images C� 96 i` [i':�9& � �€G}'�'8¢—'`i„'k ��F iF5^R➢�.�"k �'^^„"L��w'd �9.i 83�� { �� 3� ��ws�R �� {� � �1�.£ �?.�K3�� £k� VE ss 01c 01 �',S.Fh cx {'vn z"�'e�s as ` . t 5 ' ¢d#z k •e9�;Eh 'rete CCC”` E[ ['f € € t»r „y 'v E F; .-`- 657 rowan c�j 57R , s n< • / XinIryCt 5 � l 657• 98d: US.G_5. MAP "GARD1=14 CITY" R78016 I 1 ii Ctr�.'_�.�'� � R Y-- sockLn.. 1 �s 8oc 4.47Ac ,, f 453 ire �r _ - x�i i 6311 62 6451 °' ? ` `Rt ? .x•,10 is/. r n I ll �rtve/ 1� 21.82Ac�[-yr / \ 64t9 tv CL _l t 1 p 22- Loc Ac (01 / 23 r� moo• , 246356 LZ7,.c tUJ �• C i=' .029 �z.1e O 25 ��S7C"c j ►0 2 26,1 6.357 g�' f6,35 Ac� 2 6 � /x 5 a t • g �ry0 1 .36 Ac j r �/' zez a ,, •E7 3.94 AC (0) 6510 3.26 Ac {c 6 !I 5 11.7 5 y1.y2 (] -f I.6 'c - � co Ct I7 ` 'D . 271,cC bb" -' u) om � Dry Q 6 � � o 6&21 a 53.1 3.5 78 7.82 Ac 6661.0. 666 .3 4 l 40 0 calf .42 X34.1 34 37.8 9 AC ;= DEPART;.r OF PLA-' NI G .1M ZONING 1 7 3 / 5.)CAc / 6 z 36.58 Ac(a) 31.57 Ac(C) r Red Hu! BIP1111 % 6460 645 x (� /l7 -3 / ChircA 3.74 Ac i .57 J •5A 6456 3°° P _ 6440 roo P 1 2454 h f 1 ,j.A , tq R o0 d ,g 4.91 Ac (C) ° n "' • f 6 S� ,s Ga '' 2 = 64a9 14 6.347 .+� 10 Ac •. 6345 4331. r, iso � 9 1� k09 6 6513 y `772y 1_13Ac E7 6 731 Ac (D) _ 56.5.3 5.11 Ac (C A11 Ei4 8.99 Ac 5 3.50 Ac , A&- (;46 g - b� 8 0• .r �} 64 7.31 Ac h 1.20 �c 6667 L88� 60 _ A(r"1 p,, &-3 3 76.09 Ac MICHAEL PRUDEN FOR CFW WIRELESS SPECIAL USE PERMIT 107.00-2-I.9. 6705 IX FL H it 'Bil z P, �t r 2 > i 1 z� i, i Q) (0 Lo C) Lf) U) 7 L.- X Z z z LU C C: ED 0 6 M 5 w o m C) o 21 o� 2 z 0)75 z C: 0 < G- 0 L (J) c LO IP JA I§ MR1.0h MR;- ON ht Hngl cilifi I ANOA, .1-.9 98%'� O�F& A3 .19 ng 2� A -d fli Inn f �5 998 fig a la -1g; --- -------- --------- ---- E) o� EMS all Ee) LLI EN L!J0 NO its EMS all Ee) its EMS all Ee) 2� v 1 IM Q Q Na o`u ` � E � E li (9 2 w p E 29 s- Uf ! t� a m u o w Q Map Updatod Veri fied I IBY: Sir Dat;t1=1111_7 Drift, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 1997 ORDINANCE 0923il-i GRANTING A SPECIAL USE PERMIT TO MICHAEL PRUDEN FOR CFW WIRELESS TO CONSTRUCT A COMMUNICATIONS TOWER AT 6332 FRANKLIN ROAD (TAX MAP NO. 107.00-2-19), CAVE SPRING MAGISTE- RIAL DISTRICT WHEREAS, Michael Pruden for CFW Wireless has filed a petition to construct a communications tower located at 6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 5, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 22, 1997; the second reading and public hearing on this matter was held on August 19, 1997, and this matter was continued to September 23, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as-,, 9 1 �? That the Board fihds 'that the granting of a special use permit to Michael Pruden 7ior CFW Wireless to construct a communications tower located at.,6332 Franklin Road (Tax Map No. 107.00-2-19) in the Cave Spring Magisterial District is siibstantially in accord with the adopted 1985 'Comp�t�r"ehensive Plan pursuant to the provisions of S 15.1-456 of the 15 '5" 0 Code of Virginia, as amended, I W4 and said Special Use Permit is hereby -approved with the following conditions: 1. The height of the tower structure, excluding any antenna ttached to the structure, shall not be more than 152 feet. ry-) o microwave or other dish type antenna shall be allowed on (Nhe tower. This structure shall be constructed to accomodate � structure capable of being increased to 195 feet; however, the tower structure shall not be increased to 195 feet unless the increase is required to accomodate co -location of equipment for any increase shall be subject permit application. another vendor/provider, and to an additional special use 2. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. 3. Nolighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. 4. This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co - locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit reqi;ested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. 5. If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. 6. Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. 7. Public emergency communications equipment shall be accommodated at no expense to the County. 8. The applicant shall install a locked gate at the entrance to the private right-of-way. 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 Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with revised conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None ABSENT : Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board cc: File Arnold Covey, Engineering and Inspection Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessments Paul M. Mahoney, County Attorney 6334 FRANKLIN ROAD, BOONES MILL, ADJOINING PROPERTY OWNERS MICHAEL & MARSHA D WRAY 098.04-01-25.00-0000 5650 YELLOW MOUNTAIN RD, ROANOKE, VA 24014 JANICE K BEHELER 107.00-01-06.00-0000 6472 CROWELL GAP RD, ROANOKE, VA 24014 BILLY FRANKLIN GIBSON, JANETTE ANN KINGERLY 107.00-01-07.00-0000 6460 CROWELL GAP RD, ROANOKE, VA 24014 SCOTTIE T PRICE 107.00-01-08.00-0000 6456 CROWELL RD, ROANOKE, VA 24014 MARK V CHILDRESS 107.00-01-09.00-0000 6422 CROWELL GAP RD, ROANOKE, VA 24014 BRENDA CARTER 2203 INGE CIRCLE SALEM, VA 24153 CHERYL BROOKS 11118 FORREST EDGE RD RESTON, VA 22090 KDCM LLC 107.00-02-21.00-0000 6364 FRANKLIN RD BOONES MILL, VA 24065 DCKM LLC 6327 RED HILL RD BOONES MILL, VA 24065 DAVID & SHARON VANDYNE 6356 RED HILL RD BOONES MILL, VA 24065 JERRIS TURMAN 6357 RED HILL RD BOONES MILL VA 24065 107.00-02-20.00-0000 107.00-02-22.00-0000 107.00-02-24.00-0000 6334 FRANKLIN ROAD, BOONES MILL, ADJOINING PROPERTY OWNERS REBECCA KNAPP PO BOX 358 BOONES MILL, VA 24065 ROGER & NANCY FLOWERS ROUTE 2, BOX 117 GOODVIEW, VA 24095 LEWES SMITH JR 6224 FRANKLIN RD, BOONES MILL, VA 24065 EDITH KING 6221 SHADY ACRES RD, ROANOKE, VA 24014 JOE HELM & SONS INC 3775 BANDY RD, SE ROANOKE, VA 24014 RED HILL BAPTIST CHURCJ CO: GLEN ADAMS 6251 FRANKLIN RD, ROANOKE, VA 24014 CARROL SUE GARBER PO BOX 1172 HARRISONBURG, VA 22801 Q C� Q O o O O U O O w to C 00 O .S c (U O U) ? O M i� ,� m U) O O N m w Y - II LLJ d Q Q N .. m m> o E Q� : co i. y 11L LL E jC E Q U __—__ i_L �. N Z .E O O N tll = N'? E N Q Q� 7Q .o -o ma (n 0 M N o a Z ao m C� C� a a > o Q a c �, Q Q Q U) O c O 111 �� UU) `6e Q N W O N d d H Q AG -1 District Regulations SEC. 30-33. AG -I AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-1. Purpose. (A) The AG- 1, agricultural/rural low density district consists of land primarily used as farmland, woodlands, and 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 also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. 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, § I f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-33-2. 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. Agricultural and Forestry Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly Safety Services * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* 2 AG -1 District Regulations AG -1 District Regulations (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 Commercial Feedlots * 2. Residential Uses Alternative Discharging Sewage Systems * 3. Civic Uses Camps * Cemetery * Day Care Center * Utility Services, Major 4. Commercial Uses Agricultural Services * Antique Shops Campgrounds Golf Course * Kennel, Commercial Studio, Fine Arts 5. Industrial Uses Composting * Custom Manufacturing * Landfill, Construction Debris Landfill, Sanitary * 3 AG -1 District Regulations Resource Extraction * 6. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § 11, 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, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811 - 1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-33-3. 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. I . All lots, regardless of sewer and water provisions: a. Area: 1.5 acres (65,340 square feet). b. Frontage: 150 feet on a publicly owned and maintained street. C. Maximum width to depth ratio: I to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. I . Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. El AG -1 District Regulations 2. Side yard: a. Principal structures: 20 feet. b. Accessory structures: 20 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 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 20 feet from any side property line. (C) Maximum height of structures. I . All structures: 45 feet. (D) Maximum coverage. I . Building coverage: 20 percent of the total lot area. 2. Lot coverage: 40 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) A VDistrict Regulations SEC. 30-36. AV AGRICULTURALNILLAGE 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, § § If., 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. Agricultural and Forestry Uses Agriculture * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type 11 * Manufactured Home * A VDistrict Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Attached Single -Family Dwelling, Detached 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 * Religious Assembly Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions General Office * A VDistrict Regulations Medical Office * 5. Commercial Uses Agricultural Services 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 Wind Energy System, Small* (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. I . Agricultural and Forestry Uses Stable, Commercial 2. Residential Uses Alternative Discharging Sewage Systems Multi -family Dwelling Townhouse 3. Civic Uses A VDistrict Regulations Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Utility Services, Major 4. Commercial Uses Automobile Repair Services, Minor Automobile Parts/Supply, Retail Boarding House Business Support Services Commercial Outdoor Sports and Recreation Construction Sales and Services * Convenience Store * Equipment Sales and Rental Fuel Center* Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * Mini -warehouse * Restaurant, Drive-in or Fast Food * El A VDistrict Regulations Retail Sales * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § 11, 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, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811 -1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5 -24-11, Ord. No. 111213 -15, § 1, 11 - 12-13) 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. I Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 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. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. k, A VDistrict Regulations I Front yard: a. 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. I . All structures: 45 feet (D) Maximum coverage. I . Building coverage: 35 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6-22-93, Ord. No. 111213 -15, § 1, 11 - 12-13) rel Use & Design Standards — Miscellaneous Uses Sec. 30-87-2. 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 Use & Design Standards — Miscellaneous Uses 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. 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 (2 1) 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 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: Use & Design Standards — Miscellaneous Uses 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. 9. Written verification that all required submittals to the FAA as required by section 30-87-2(D)6 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: I 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 Use & Design Standards — Miscellaneous Uses 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. 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. 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. 6. 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 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 El Use & Design Standards — Miscellaneous Uses 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: 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 Use & Design Standards — Miscellaneous Uses 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; Ord. No. 102798-12, § 1, 10-27-98) me IL If - -T f , jrAll . Mal A I Oak% It. mb Alf A MI 46 Ap tA Adz la4 , PKA, "Irk 174 r ml., --A - I., !M - -AZ JLL. VA, 5-14 VIM -- Ir tv, 7 -_-b "MIR YIN. 16"t W.0, kA A, ;eo WN 0 V . In . . . . . . . . . . low Oil% jPR ig M�" IS A - ---------- NO, iv I EL lop 44- 1,7 jPR ig M�" IS A - ---------- NO, iv I EL lop -'e - ".*., ZA-40- _4_%&- 44- 1,7 f.;* "ar -'e - ".*., ZA-40- _4_%&- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE AMENDING A SPECIAL USE PERMIT CONDITION TO ALLOW FOR THE ADDITION OF A MICROWAVE ANTENNA TO AN EXISTING BROADCASTING TOWER IN AN AG -11S, AGRICULTURAL/RURAL LOW DENSITY, DISTRICT WITH SPECIAL USE PERMIT AND AV, AGRICULTURAL/VILLAGE CENTER, DISTRICT ON APPROXIMATELY 35.85 ACRES, LOCATED AT 6334 FRANKLIN ROAD, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF PEG BANDWIDTH WHEREAS, PEG Bandwidth has filed a petition to amend the conditions for a special use permit granted by Ordinance 092397-9 to construct a communications tower-, and WHEREAS, the petitioner requests approval of an amendment to the conditions imposed in 1997 to allow for the addition of a microwave antenna to the existing broadcasting tower located on approximately 35.85 acres at 6334 Franklin Road (Tax Map No. 107.00-02-19.00) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 5, 2015; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 28, 2015-1 the second reading and public hearing on this matter was held on May 26, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the Board finds that amending the special use permit condition imposed in 1997 as set out below is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Page 1 of 3 1950 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 amended condition(s): (1) The height of the tower structure, excluding any antenna attached to the structure, shall not be more than one hundred fifty two (152) feet. mor—rAwAviQ Ar Ather dish type aptenna shall be allewed An the tewer This structure shall be constructed to accommodate a structure capable of being increased to one hundred ninety five (195) feet-, however, the tower structure shall not be increased to one hundred ninety five (195) feet unless the increase is required to accommodate co -location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. (2) The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building except for secondary lighting not to exceed a height of twenty-five (25) feet. (4) This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co -locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required by the additional capacity. (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within thirty (30) days of notice by the County and the special use permit shall become void. (6) Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. (8) The applicant shall install a locked gate at the entrance to the private right-of-way. Page 2 of 3 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 3 of 3 P-2 PETITIONER: The Branch Family LLC CASE NUMBER: 8-5/2015 Board of Supervisors Consent 1st Reading Date: 4/28/2015 Planning Commission Hearing Date: 5/5/2015 Board of Supervisors Hearing & 2nd Reading Date: 5/26/2015 A. REQUEST To obtain a Special Use Permit for equipment sales and rentals on a property adjacent to an identical use (5130 Peters Creek Road) in a C -2C, High Intensity Commercial District with conditions, on 0.6799 acre of the approximately 1.5 acre parcel. B. CITIZEN COMMENTS No citizens spoke on the request. C. SUMMARY OF COMMISSION DISCUSSION Ms. Naomi Siodmok presented the staff report to the Commission. Mr. Gene Marrano requested more information on the products that would be sold and Ms. Siodmok informed him that tools, trucks, tractors, construction equipment and similar equipment would be rented and sold on the site by Sunbelt Rentals. Mr. Marrano then inquired about why the use is not permitted by right in a High Intensity Commercial District. Mr. Philip Thompson mentioned that in the Zoning Ordinance, a Special Use Permit is required and design guidelines are stipulated. Mr. Wayne Bower then inquired as to whether Sunbelt Rentals is planning to relocate from its existing site to the property of interest. Representative of The Branch Family, Mr. Neal Keesee, explained that the use of 5130 Peters Creek Road and the property of interest for this case will be means of expansion for Sunbelt Rentals and that Sunbelt Rentals will remain at their existing location as well. Commissioners also queried about the condition for fencing. The condition states that the existing privacy fencing on the south and southwestern boundary of the property shall remain. Mr. Thompson mentioned the screening was conditioned to remain to shield the stored equipment from the view of neighboring properties. Mr. Thompson discussed with the Commissioners about their interest in applying the special use permit to only 0.68 acre of the property or to the entire 1.516 acres. The Commissioners agreed that the Special Use Permit for equipment sales and rentals should apply to the entire parcel. D. SPECIAL USE PERMIT CONDITION 1. The portion of the property specifically used for incidental storage, maintenance and servicing of equipment, which is adjacent to the property Page 1 of 2 P-2 of Big Lick Development Corporation at 5160 Peters Creek Road (TM#-. 037.08-01-06.02-0000) will continue to have a 6' high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan. E. COMMISSION ACTION A motion was made by Jim Woltz to recommend approval of the petition 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 Page 2 of 2 STAFF REPORT Petitioner: The Branch Family L.L.C. To obtain a Special Use Permit for equipment sales and rentals on a property Request: adjacent to an identical use (5130 Peters Creek Road) in a C -2C, High Intensity Commercial District with conditions, on 0.6799 acre of the approximately 1.5 acre parcel. Location: Near 5130 Peters Creek Road (TM#: 037.08-01-06.04-0000) Magisterial Catawba District: The following condition was established September 22, 1992 by Ordinance 92292 - Existing 12 and has already been met: Proffered 1. That the existing buildings on the property shall be demolished and removed Condition: to an approved disposal site within 180 days of the approval of the petition to rezone the subject property. 1. The portion of the property specifically used for incidental storage, Recommended maintenance and servicing of equipment, which is adjacent to the property of Special Use Big Lick Development Corporation at 5160 Peters Creek Road (TM#: 037.08 - Permit 01-06.02-0000) will continue to have a 6' high wooden privacy fence along the Condition: southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan. EXECUTIVE SUMMARY: The Branch Family, L.L.C., is seeking a special use permit for equipment sales and rentals on a property adjacent to a site that is currently approved to operate in the requested manner. The property is approximately 1.5 acres and located near 5130 Peters Creek Road (fM#: 037.08-01-06.04-0000) northwest of 5160 Peters Creek Road. The special use permit would apply to 0.6799 acre of the property. The remainder of the parcel will be dedicated to the stormwater management pond. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Core, which encourages high intensity urban development. Encouraged land use types include general retail shops and personal services, office and institutional uses and limited industrial uses. 1. APPLICABLE REGULATIONS Equipment sales and rentals are permitted via a special use permit *in a C-2, High Intensity Commercial District, and are defined as follows: 'Establisbmentspri'mariyl en ,ga a ,ged in the sale or rental of tools, trucks, tractors, construction equoment, gricultural it*lements, and similar industrial equoment, and the rental of mobile bomes. Included in this use is the incidental stora ainten ge, m ance, and semicin ,g ofsucb equoment. Use and Design Standards for equipment sales and rentals are defined in Section 30-85-14 of the Roanoke County Zonling Ordinance. Briefly, these standards require that a ten -foot planting strip be provided along any public street night -of -way and that no goods shau be stored or displayed in the aforementioned strip. 2. ANALYSIS OF EXISTING CONDITIONS Backg1ound In 1987 the Property was part of a larger collection of parcels, 12.26 acres in total, along Peters Creek Road. This assemblage of parcels was rezoned from A-1, Agricultural District, and M-1, Light Industrial District, to B-2, Business District, with proffered conditions for the purpose of establishing an automobile dealership for Royal Buick Company. In 1992, the 12.26 acre group of parcels was brought before the Board of Supervisors to remove proffered conditions relating to the automobile dealership from the site with the added condition that the existing dealership structure be removed from the site. The coRection of parcels were then sold separately to different parties and are occupied by the surrounding businesses, the former Carter Machinery (the parcel seeking expansion of uses onto the parcel referenced in this application), Simpson Funeral Home and Crematory, Star City Power Sports and an orthodontist's office. It was during the comprehensive rezoning process in 1992 that the zoning of the property transitioned from B-2, Business District, to C -2C, General Commercial District with conditions. Topograph.3�/VeV ,etation This site has an entrance along Peters Creek and remains relatively level with the exception of a decrease in elevation surrounding the onsite retention pond and a downward slope along the north side of the property where a vegetated buffer exists. The soil composition of the property is primarily Sequoia Silt Loam with no karst areas identified and it is not located within the Floodplain Overlay District area. Surrounding NeiVhborhood The site is surrounded on all sides by C-2, High Intensity Commercial zoned parcels and has 75 feet of public road frontage on Peters Creek Road. The surrounding businesses include the former Carter Machinery (the property seeking expansion), Simpson Funeral Home and Crematory, Star City Power Sports, an orthodontist's office and a vacant parcel. Nearby there are also R-1, Low Density Residential District, and R-2, Medium Density Residential District, properties along with the Roanoke-Blacksburgy Regional Airport across Peters Creek Road. The R-1 property to the west is currently undeveloped. As for the properties zoned R-2, those include residential subdivisions to the northeast and east of the property. This site is located approximately 120 feet from the City of Roanoke line. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site La��out/Architecture Currently, the site is vacant of structures and vehicles, but is occupied by fencing and a stormwater management pond. The fencing witl-�n the site consists of a 6 -foot taU wooden privacy fence along the southern and southwestern boundary along with a chain link fence along the north and northeastern portions of the site. The chain link fence separates the portion of the property where the special use permit wil-1 apply from the 10,487.9 square foot stormwater management pond on the property. The most northern portion of the property exhibits a downward slope and is covered by vegetation. Access/Traffic Circulation At tl-�s time, the site is accessible via a 25 foot wide road just off of Peters Creek Road between 5160 and 5180 Peters Creek Road, by means of a 35 foot wide road off of Peters Creek between 5160 and 5120 Peters Creek Road and lastly by way of access from the adjacent parcel already approved for the requested use. 0 Outside Agenc3� and Department Comments The Roanoke Regional Airport Commission raised concerns regarding storing equipment with lifts at full extension and the storage of oil, gas and waste material tanks on site. The applicant responded with a signed letter that lifts will not be stored at full extension and no storage tanks will be on site. Virginia Department of Emergency Management (VDO'f) — Offered the following comments: 1 . A Land Use Permi*t will be required if a new entrance is needed from the VDOT right-of- way or for the change in use of an existing entrance. 2. Should an additional entrance be requested, the VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes, but is not limited to, commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met. Building Safety — No comments Econormic Development — No objections Zoning Administrator — No comments Storrnwater Management — No comments Western Virginia Water Authority — No comments Solid Waste — No impact on solid waste Fire and Rescue — There will be no structures on the lot. The services of Fire and Rescue will not be adversely affected and they do not object to the proposal. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Comprehensive Plan (Plan) indicates that the Future Land Use Designation of this parcel is Core, which encourages high intensity urban development. These land uses generally parallel the central business districts of Roanoke, Salem and Vinton. This area is appropriate for highway oriented retail and regionally based shopping facilities. Encouraged land use types include general retail shops and personal services and office, institutional and limited industrial uses. Determinants for the Core future land use are: • Locations where commercial uses have been developed or will likely be developed, • Locations where commercial zoning exists, • Locations served by an arterial street system, • Locations within close proxirm*ty to the projected population concentrations, and • Locations served by urban services. Based on the previous summary of the Plan, the proposed project is in confort-nance with the Future Land Use Designation of Core and with the existing businesses in the area. The property meets the land use determinants established in the Plan for Core areas since it is located with other commercial uses in a populated, commercial zoned area; has access to the public arterial street system; and is in close proximity to the City of Roanoke. Additionally, location in an Airport Overlay District (AO), should not be of any issue. The key intentions of the AO District is to restrict heights of structures and deter products that will interfere with radio communications. No structure will be erected as a result of approval of dais special use request. 5. STAFF CONCLUSIONS The Branch Family, L.L.C., is seeking a special use permit equipment sales and rentals on a property adjacent to a site that is currently approved to operate in the requested manner (5130 Peters Creek Road). The property is approximately 1.5 acres and located along Peters Creek Road (037.08-01- 06.04-0000) northwest of 5160 Peters Creek Road, Simpson Funeral Home and Crematory. The special use permit would apply to 0.6799 acre of the property. The remainder of the parcel will mostly he dedicated to the ston-nwater management pond. The proposed project is in conformance with the Future Land Use Designation of Core established in the 2005 Comprehensive Plan and with the existing businesses *in the area. Core areas are encouraged to have high intensity development including general retail shops and personal services and office, institutional and limited industrial uses. The property meets die land use determinants established *in the Comprehensive Plan for Core areas since it is located with other commercial uses in a populated, commercial zoned area. The site also has access to the public arterial street system and is in close proximity to the City of Roanoke. Additionally, location in an Airport Overlay District (AO), should not be of any concern. The key intentions of the AO District is to restrict heights of structures and deter products that will interfere will radio communications. No structure will be erected as a result of approval of this special use request. If approval of this petition is proposed, staff recommends the following conditions be established: The portion of the property specifically used for incidental storage, maintenance and servicing of equipment, which is adjacent to the property of Big Lick Development Corporation at 5160 Peters Creek Road (fM#: 037.08-01-06.02-0000) will continue to have a 6' high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan. CASE NUMBER: 8-5/2015 (I'M#: 037.08-01-06.04-0000) PREPARED BY: Naomi M. Siodmok HEARING DATES: PC: 5/5/2015 BOS: 5/26/2015 ATTACHMENTS: Application Aerial Map Zoning Map Future Land Use Map Site Photographs Sec. 30-54 — C-2, High Intensity Commercial District, Regulations Sec. 30-72 — AO, Airport Overlay District, Regulations Sec. 30-85-14 Equipment Sales and Rentals Use and Design Standards Citizen Correspondence E V-2-- lls()05\� Cniint-v of Roanoke For Staff Use Only Community Development Planning & Zoning 9 Date r=ive& IDS Received by: �Z: Applicat fee PC/8Z datc: 5204 Bernard Drive — -7, no datei P 0 Box 29800 Plac,ards iSgUed: Roanoke, VA 24018-0798 0 442/ (1 (540) 772-2068 FAX (540) 776-7155 Case Number -7 . .: .. ... � . . : . . - .. - �; . 4 ALL APPLICANTS Check type of application filed (check all that apply) D Rezoning IN Special Use [I Variance 0 Waiver El Ad min istrative Appeat 0 Conip Plan (1s.2-2232) Review Ag,licants name/address w/A Phone: 540-7-14-1208 Branch Family L.LC., Attn�711rn Branch, Work: 540-774-1208 4552 Franklin Road, Roanoke, VA 24018 Coll #: Fax No.: 540-774-1359 owner's na.me/addre&s w/zip Phone The Branch Family L.L.C., Attn. Tom Branch, Work: 4552 Franklin Road, Roanoke, VA 24018 Fax No. 9: Property Location Magisterial District: Catawba Peters Creek Read Community Planning area: Peters Creek/Ho 11 ins Tax Map No.: 037.08-01-06-04-0000 County-C2C/Hlgh Intensity Commercial District Existing Zoning� with Conditions Size of parcel(s): Acres: 1.516 ac Existing Land Use: Vacant - some vehicle parking R FZ0VNqt- USE PE RMIT, WAIVER ANb- COMP PLAN (IS.Z-Z232) REVIEW AifttCANTS (iRiSmIc?) Proposed Zoning: C2S High Intensity Commercial District with Special Use Proposed Land Use. Outdoor storage for adjacent equipment and tool rental business Does the parcel meet the niinimum lot area, width, and frontage requirements of the requested distrirt? Yes 0 No Li IF NO, A VARIANCE IS REQUIRED FIRST, Does the parcel meet the, minimum criteria for the requested Use Type? Yes R No El IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes D No 0 VARIANCE, WAIVER AND- ADNINIVTRATI�V,APPEAL APPLICANPS (VIWIAA) VariaDoc/Waiver of Section(s) of the Roanoke County Zoning Ordinance in ord=jg.,— ,e<l Appeal of Zoning Administrator's decision to Appeal of interpretation of Section(s): of the Roanoke County Zoning Ordinatic ff- Appeal of interpretation of Zoning Map to is the application complete? Please check if enclosed. APPLICATTO - N - WILL NOT BE ACCFP4—A IF ANY OF TUESE ITE ARE MISSING OR INCOMPLETE. 107 MAR - 9 2015 R/S/W/CP V/AA R1SfW/CP VIAA R/Siw/CP V/AA con-imunifty DeV�IOPW)t onsultafi.n V�' 8 1/2 " x I V concept plan App n fee Metes and bounds description Pro e plivable fe i ovne.'s J Application Water and sewer application '! i _J Justification Nr A- Adjoini omiers J I hereby certify that I am either the owner of the property or the owrier's:�g�entntract purchaser and am acting Nwit S( f the owner, Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2�32) REVIEW REQUESTS Applicant The Branch Family L.L.C. 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 heafth, 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, See attached. Please explain how the project conforms to the general guidelitieg and policies contained in the Roanoke County Commu Plan. As indicated in the Peters CreeklHollins Community Plan, the Property is currently �ocated in a C2 district, which shatl remain a Core use under the Commurity Plan for future land use. Arcordingly, use of the Property is, and will continue to be, appropriate, pursuant to the terms of the Community Plan. ..... .. ... .... . .. 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, There should be minimal impact on the adjoining properties. There are no permanent structures on the Property and the use will not have any impact on public services, schools. parks and rec., and fire and rescue. Road use will not be impacted as access to the Property will only be by parties also accessing the Adjacent Parcel. As indicated, the existing storm water management easement will remain intact and unaffected by the use of the Property. 91 Continuation of Page 3 Pg. 3 — I " block — Please explain how the requestfurthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classffication in the Zoning Ordinance. The Property as described in this Application, and for which the Special Use Permit is requested (the "Property"), is currently zoned C -2C and is located in the center of a group of parcels all zoned C-2 High Intensity Commercial District, with the specific zoning designations of the these parcels being C2, C2S or C2C. A general purpose of the Roanoke County Zoning Ordinance is to encourage economic development activities and the purpose of the C-2 zoning district is to provide for a variety of commercial and service related activities, both of which are consistent with the proposed use of the Property, which is located off of Peters Creek Road, a major arterial thoroughfare. (See attached Metes and Bounds Description.) Tax parcel 37.08-01-06,03, located immediately adjacent and to the west of the Property, is also owned by the owner of the Property (the "Owner"), The adjacent parcel (the "Adjacent Parcel") is zoned C2S, and used for "Equipment Sales and Rental", which is an allowed Special Use under C-2, and which is also the planned Special Use for the Property. It is the intent of the Owner to lease Property to Sunbelt Rentals, a North Carolina corporation, which is a nationwide equipment and tool rental company, specializing in construction equipment rentals, and which already leases the Adjacent Parcel. Pursuant to the Roanoke County Zoning Ordinance, "Equipment Sales and Rental" includes establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment and the rental of mobile .homes. Included in this use is the incidental storage, maintenance, and servicing of such equipment. The proposed combined use for the Property and the Adjacent Parcel is for equipment and tool rental, display, repair, maintenance, warehousing, inside and outdoor storage of equipment and tools generally used in construction, in industry and by con sumets/h omeo wriers, which would include trailers and heavy machinery, above -ground storage tanks for oil, gasoline and other petroleum products and waste materials, office use, uses accessory thereto and any other lawful use, with the Property being used only for allowed outdoor uses. There are no permanent structures on the Property which will be used for the outdoor "incidental storage, maintenance and servicing of equipment". Only a 0.6799 acre (29,615 sq. ft.) portion of the Property will initially be used for that purpose, as a large portion of the Property is currently included in, and subject to, an existing storm water management easement. The Property Owner would also agree that any portion of the Property specifically used for incidental storage, maintenance and servicing of equipment which is adjacent to the property of Big Lick Development Corporation will continue to have a Chigh wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the Property, as shown on the Concept Plan. JUSTIFICATION FOR. VARIANCE REQUEST Applicant The 8ranch FamPy L.L.C. The of Zoning Appeals is required by Section 15.2-2309of the Code of Virginia to consider the fo H owing factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how thPTeqUeStM0etS 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 mid purpose of the Zoning Ordinance, 2, The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confisoation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property, 1'rhe hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board or Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial dottirnent to the adjacent properties or the character of the district, JUSTIFWA I TIONFOR ADMINISTRATIVE APPEAL REQUEST Applicant The l3sanch Farn1lvU,C. Please respond to tho following as thoroughly as possible. if additional space is needed, use additional sheets of paper. 1, Reasons for appeal: 2. Eviknce supporting claim: 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 applicantmay proffer conditions to limitthe future use and dovelopmentof theproperty and by so doing, correctany deficiencies thatmay not bemanageable by County permitting regulations, The concept plan should not be confused with the site plan or plot plan that is requited priorto 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 shoold be prepared by a professional site planner, The level ofJetail may vary, depending on the nature ofthe request, The County Planning Division staff may exempt some ofthe items or suggest the addition ofextra items, but the following are considered mininnum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c, Lot size in acres or square Feet and dimensions X d� Location, names of owners and Roanoke County tax map numbers of adjoining properties X c. physical features such as ground cover, natural watercourses, floodplain, etc. X f The zoning and land use of all adjacent properties _�L- g. All property lines arid casements MA L All buildings, existing and proposed, and dimensions, floor area and heights X L Location, widths and names ofall existing or platted streets or other public ways within or adjacent to the development X j, Dimensions and locations of all driveways, parking spaces and loading spaces Additional informadonrequiredfor REZONING andSPECiAL USE PERMIT APPLICANTS X k, Rxisting utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances/exits, curb openings and crossovers in. Topography map in a suitable scale and contour intervals ri. Approximate street grades and site distances at intersections o, Locations of all adjacent fire hydrants _2L_ 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, — 17 4nl Date Community Development 0 Planning & Zoning Division POTENTIAL oF NERD FOR TRAFFic ANALYSIS AND/oR TPLAFFIC 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 th& list is not inclusive and the County staff and VDOT reserve the riqht to request a ttafflic study at any time, 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 Educatlonal/Recreational facilities Religious assemblies Hotel/Motel Golf 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., Rite 11, 24, 115, 117, 460, 11/460, 220, 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 rfate., April 19, 2005 OA Community Development Planning & Zoning Division NOTICE To APPLICANTS FOR REzONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE, PERMIT PETITION PLANNING Commmlo-N APPLICAMN 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 sufficient 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 Rfzoning, 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 land uses and situations that would necessitatefurther 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/ortraffic impact study and to providewritten 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, 2005 t' rikq Name of Petition -"Itionor's 19nature Date Concept PI pip V New Wp Vol, 9 " '-� (�1797365-1, 100411-00009-01) A Ads can IQ it; — ,Lf . oil sill 12 11110 1 is IV ng (�1797365-1, 100411-00009-01) !z 71- PU 7 7 got . "Wa A Ads can IQ it; — . WI sill 12 11110 !z 71- PU 7 7 got . "Wa Ads can IQ it; — Metes and Bounds Descrii)tion Tract 2A- I containing 1.5162 acres as more particularly shown on Plat of Sui Vey prepared by Caldwell White Associates, Engineers/S-Lirveyors/Planners, dated December 11, 2014, and recorded on January 23, 2015 as Instrument No, 201500422 in the Clerk's Office of the Circuit Court for Roanoke County, Virginia. Less and Except that certain tract or parcel of real estate containing 0,3756 acre, more or less, as shown on the aforementioned plat, which parcel is bounded by corners 2, 16, 17, 18, 19, 20, 21 � and 3, as shown on said plat, which parcel was conveyed to Big Lick Development Corporation by deed from The Branch Family L.L.C., a Virginia limited liability company, dated February 4, 2015, of record in the Clerk's Office aforesaid as Tnstrument No. 201500814, Both of the above described parcels being a part of the same property conveyed to The Branch Family L.L.C., a Virginia limited liability company, by deed from Billy H. Branch and Michael M. Branch, dated February 5, 1999, recorded in the Clerk's Office aforesaid in Deed Book 1610, page 1188. [91796873-1, 100411-06009-01) Property Owner: The Branch Family L.L.C, 4552 Franklin Road Roanoke, VA 24018 Request: C2S High Intensity Commercial District with Special Use Tax Map 037,08-01-06-04.0000 The following are proffered conditions f or the Special Use Perrnit. Lro ered Conditions: ff� Permitted uses on-site shall be limited to C2S — High Intensity Commercial District with a Special Use for Equipment and Sales Rental, 2. The portion of the Property specifically used for incidental storage, maintenance and servicing of equipi-nent which is adjacent to the property of Big Lick Development Corporation wil I continue to have a 6' high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan, Print: The Branch Family L.L.C. Date'. March 6.,2015 Ij st of Adj oining Property Owners Roanoke CgRnty Tax ID Name of Owners Street Address 037.08-01-06.03-0000 The Branch Family LUG 5130 Peters Creek Road, Roanoke, VA 24019 037,08-01-07,00-0000 Charles E, Cullen 5297 Alexander Drive, Roanoke, VA 24019 037,08-01-06M-0000 PCK Properties, LLC 5180 Peters Creek Road, Roanoke, VA 24019 03T08-01-06.05-0000 PCK Properties, LLC 5180 Peters, Creek Road, Roanoke, VA 24019 037.08-Ot-06.02-0000 Big Lick Development Corporation 5160 Peters Creek Road, Roanoke, VA 24019 RoanokLCity Tax ID 6600113 24019 fel797365-1, 100411-00009-01) Name of Owners Street Address Nancy W. Cross 0 Peters Creek Road, Roanoke, VA Aiialytics Online L 1worm i Print Date: 01129/2015 Image Date: 12/14/2012 Level:Community Page I of I littp://picolsvr.roanokeeountyva.gov/... 1/29/2015 Eo Rs 4M ZO V LLj L"i —2 EL �cZpgsj s 3 Q PIZ, N9, iRli - --------------- -- -- ------------ — ------ ------------- ---- -- L -J 12 Rl R 0-1 Of IC 31�1 00 ;-4 ;-4 4T� —C., u !�4 (1) —C., 12 <lz 7:� !,4 �,7 Zz Eb cz, 7:� !,4 �,7 CL 0 co L c 0 t) t 0 co 2 < 0- LO Eb 4,4NnO U) CL 0 co L c 0 t) t 0 co 2 < 0- LO <lz 7:� U) Eb 4,4NnO U) 0 CL 2 co 0 16 CL 0 co 0 2 U) (1) 7� !�4 4T� !�4 (1) 4T� —C., u !�4 (1) -C., i--� Eb -�NnO Zz (I cz,\ CIL 0 7:� 0 CL MD i6 5 0 cu CIL ------------ z i i i i o o E o .......... �7 zL\, Lal Site Photographs Privacy fence at southern property line and the building on the neighboring property (5130 Peters Creek Road) to also be leased to Sunbelt Rentals for equlipment sales and rentals. View of the property looking from the southwest fence line. View of the retention pond looking towards the C- 2, High Intensity Commercial, property to the north. C-2 District Regulations SEC. 30-54. C-2 HIGH INTENSITY 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. High intensity 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, Ord. No. 111213 -15, § 1, 11 - 12-13) 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. 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 * C-2 District Regulations 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 Automobile Repair Services, Minor Automobile Rental/Leasing Automobile Parts/Supply, Retail Bed and Breakfast * C-2 District Regulations 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 Convenience Store * Fuel Center * Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General C-2 District Regulations Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. I . Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Adult Business * Automobile Repair Services, Major Car Wash * Commercial Indoor Amusement Dance Hall al C-2 District Regulations Equipment Sales and Rental * Manufactured Home Sales * Mini -warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213- 15, § 1, 11-12-13) 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. I . Lots served by private well and sewage disposal system; a. Area: I acre (43,560 square feet). k, C-2 District Regulations b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. I . Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. I . Height limitations: a. Principal structures: When adjoining property zoned R- I or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R- I or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. I . Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. rel C-2 District Regulations (Ord. No. 62293-12, § 10, 6-22-93) AO District Regulations SEC. 30-72. AO AIRPORT OVERLAY DISTRICT. Sec. 30-72-1. Purpose. (A) The purpose of this section is to regulate and restrict the use of property and the height of structures and objects of natural growth, in the vicinity of the Roanoke Regional Airport by creating certain airport overlay zones and to define the boundaries thereof. See. 30-72-2. Creation of Zones. (A) There are hereby created and established within the county certain zones which include all of the land lying within Instrument Approach Zones, Noninstrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone, as such zones are hereinafter defined. These zones are shown on a map entitled, "Roanoke Regional Airport Zoning Map" consisting of one sheet, prepared by the Roanoke City Engineer's Office. This map, identified and authenticated by the signature of the Roanoke City Mayor, is hereby adopted and made a part of this ordinance by reference. The map shall be supplementary to the Official County Zoning Map, and a copy shall be kept on file in the county department of community development. (B) Airport zones as shown on the Roanoke Regional Airport Zoning Map are hereby established and defined as follows: I Jnstrument Approach Zones. Instrument Approach Zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 2. Noninstrument Approach Zones. Noninstrument Approach Zones shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand five hundred (2,500) feet at a distance of ten thousand two hundred (10,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. Transition Zones. Transition Zones are symmetrically located on either side of runways. These zones have variable widths as shown on the Roanoke Regional Airport Zoning Map. Transition Zones extend outward from a line two hundred fifty (250) feet on either side of the centerline of the noninstrument runway, for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The Transition Zones along such AO District Regulations runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, Transition Zones shall be adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These Transition Zones have variable widths, as shown on the Roanoke Regional Airport Zoning Map. Such Transition Zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Furthermore, Transition Zones shall be adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. 4. Horizontal Zone. The Horizontal Zone shall be the area within a circle with its center at the airport reference point and having a radius of seven thousand (7,000) feet. The horizontal zone does not include the instrument and noninstrument approach zones and the transition zones. Conical Zone. Conical Zone shall be the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of five thousand (5,000) feet. The conical zone does not include the instrument approach zones and transition zones. (Ord. No. 042799-11, § I d., 4-27-99) Sec. 30-72-3. Height Limitations. (A) Except as may otherwise be provided in this section, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this section to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones as follows: Instrument Approach Zones. One foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway. 2. Noninstrument Approach Zones. One foot in height for each forty (40) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway. 2 AO District Regulations Transition Zone. One foot in height for each seven (7) feet in horizontal distance beginning at any point two hundred fifty (250) feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred (200) feet beyond each end thereof, and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet (200) beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is one thousand one hundred seventy-five (1,175) feet above mean sea level. In addition to the foregoing, there shall be height limits of one foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended. 4. Horizontal Zone. One hundred fifty (15 0) feet above the airport elevation or a height of one thousand one hundred seventy-five (1,175) feet above mean sea level. Conical Zone. One foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of four hundred (400) feet above the airport elevation. (B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. (C) Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to forty-five (45) [feet] above the surface of the land. Sec. 30-72-4. Use Restrictions. (A) No use may be made of land within any zone established by this section in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft. AO District Regulations (B) The regulations prescribed by this section shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this section. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is completed within one year, except as otherwise provided by this section. (C) Notwithstanding the provisions contained in the immediately preceding subsection, the owner of any structure, tree, natural growth or use of which existed prior to the adoption of this section and is inconsistent with or in violation of the provisions of this section or an amendment thereto shall be required, as a condition of the continued maintenance of such structure, tree or use, to permit the city's installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Agency or the city's airport manager so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated and maintained at the expense of the city and not of such owner. (D) All of the provisions of this section shall be considered by the administrator when reviewing application for zoning permits. The applicant for a zoning permit shall include and submit adequate information and detail necessary to ensure that the limitations of this section shall not be exceeded. (E) Other than as provided in subsections immediately preceding, any variance authorized to the provisions of this section shall be so conditioned as to require the owner of the structure or tree in question, as his own expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the board of zoning appeals, acting with the advice and recommendation of the Federal Aviation Agency or the airport manager. (F) Structures of public utilities shall be excluded from the requirements of the section provided plans for such structures have first been reviewed and determined by the Federal Aviation Agency to have no adverse effect on air navigation as provided in part 77 of the Federal Aviation Agency's Regulations. rd Use & Design Standards — Commercial Uses Sec. 30-85-14. Equipment Sales and Rentals. (A) General standards: A ten -foot planting strip shall be provided adjacent to any public street right-of- way. 2. The storage and/or display of goods and materials in the planting strip required above shall be prohibited. (Ord. No. 052609-22, § 1, 5-26-09) Nicole Lyon From: Naomi Siodmok [NSIODMOK@roanokecountyva.gov] Sent: Tuesday, April 21, 2015 3:07 PM To: Branch Management Corp Subject: Fwd: Branch Family LLC Special Use Permit Good afternoon Tom, Below is the email from the Roanoke Regional Airport Commission with the questions I discussed with you over the telephone. Let me know if you have any questions for me. Sincerely, Naomi Siodmok Planner II Roanoke County Dept. of Community Development 5204 Bernard Drive, 2nd Floor Roanoke, Virginia 24018 t: 540.772.2068 ex. 267 e: nsiodmok@roanokecountyva.gov >>> Diana Lewis <DianaLewis@flyroa.com> 4/21/2015 2:13 PM >>> Ms. Siodmok, Thank you for the notice for this special use permit. Due to this property's location near the Runway Protection Zone for Runway 16, changes to the use of this property is of interest to the Roanoke Regional Airport Commission. I had some questions that are not apparent from the application: 1) Will the storage of equipment of site include lifts that while stored may be extended to the maximum height? If so, what would be the height? 00. 2) Additionally, I could not tell if there will be storage tanks on site that are full of oil, gasoline or waste material, or whether the company will be storing empty tanks that could be purchased for the storage of oil, gasoline or waste materials. Can you confirm? Aia Thanks again for your assistance with these questions and the opportunity to comment. Diana Lewis, AAE Director of Planning and Engineering [cid.:i.mageo0i.jpg@OID07C3D.4472FC2E)] Roanoke Regional Airport Commission Roanoke -Blacksburg Regional Airport 5202 Aviation Drive, NW Roanoke, Virginia 24012 (540) 362-1999, Ext. 319 1 Fax (540) 563-4838 DianaLewisOflvroa.com<mailto:dianalewis(@roanokeairnort.com> AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2015 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR EQUIPMENT SALES AND RENTALS ON PROPERTY LOCATED IN THE 5100 BLOCK OF PETERS CREEK ROAD IN A C -2C, HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS, ON 1.5 ACRE (TAX MAP NO. 037.08-01-06.04) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF THE BRANCH FAMILY, LLC WHEREAS, The Branch Family, LLC has filed a petition for a special use permit for equipment sales and rentals on property located in the 5100 block of Peters Creek Road (Tax Map No. 037.08-01-06.04) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 5, 2015-1 and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 28, 2015-1 the second reading and public hearing on this matter was held on May 26, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board finds that the granting of a special use permit to The Branch Family LLC for equipment sales and rentals on a 1.5 acre parcel located in the 5100 block of Peters Creek Road in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 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(s): Page 1 of 2 (a) The portion of the property specifically used for incidental storage, maintenance and servicing of equipment, which is adjacent to the property of Big Lick Development Corporation at 5160 Peters Creek Road (TM#- 037.08-01- 06.02-0000) will continue to have a six foot (6') high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan. 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