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HomeMy WebLinkAbout9/22/2015 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE GOVERNOR OF VIRGINIA TO REQUIRE THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) TO PROVIDE APPROPRIATE PLAN REVIEW AND CONSTRUCTION OVERSIGHT OF THE MOUNTAIN VALLEY PIPELINE PROJECT TO PROTECT SURFACE AND GROUNDWATER RESOURCES WHEREAS, the proposed Mountain Valley Pipeline (MVP) project is a natural gas pipeline system that spans approximately three hundred (300) miles from north-western West Virginia to southern Virginia and, as an interstate pipeline, will be regulated by the Federal Energy Regulatory Commission (FERC). The MVP will be constructed and owned by Mountain Valley Pipeline, LLC, which is a joint venture of EQT Midstream Partners, LP; NextEra US Gas Assets, LLC; WGL Midstream; and Vega Midstream MVP LLC. EQT Midstream Partners will operate the pipeline and own a majority interest in the joint venture. The MVP project will impact six (6) Virginia Counties, including Roanoke County. WHEREAS, sedimentation caused by accelerated erosion from land -disturbing activities during construction is a significant contributor to pollution of the surface waters of Virginia and the United States; and WHEREAS, many miles of the proposed Mountain Valley Pipeline (MVP) project would traverse highly erodible soils with very steep slopes in Roanoke County; and WHEREAS, Roanoke County is required by the Virginia Department of Environmental Quality to implement a comprehensive stormwater management and Page 1 of 4 erosion and sediment control program to reduce the environmental impacts of development projects within the County; and WHEREAS, Roanoke County has been assigned a Total Maximum Daily Load (TMDL) for sediment in the Roanoke River and is required by the Virginia Department of Environmental Quality to implement an action plan to lower sediment loads to the Roanoke River to meet the TMDL; and WHEREAS, the required amount of land -disturbance associated with the MVP excavation is more than twice the area of all land disturbing activities in a typical year for Roanoke County and has the potential to cause severe erosion in the County's steep mountainous terrain; and WHEREAS, many Roanoke County citizens rely on untreated groundwater from wells or springs for their domestic water supplies; and WHEREAS, due to its karst topography, sinkholes and underground channels capable of carrying sediment and other pollutants are widespread in some portions of the County where the pipeline's construction has been proposed to occur; and WHEREAS, without very careful engineering and construction oversight, erosion and sediment from the construction of the proposed Mountain Valley Pipeline could have severe negative consequences for the County's lakes, streams, and rivers as well as its domestic, agricultural, and business water supplies; and WHEREAS, the outdoor beauty and unspoiled nature of the mountain streams and rivers is integral to the County's ability to attract tourism to the Roanoke Valley; and WHEREAS, the Virginia Department of Environmental Quality has the authority to require the submission of site-specific erosion and sediment control plans and stormwater Page 2 of 4 management plans, the authority to review and approve these plans, and the authority to conduct inspections and enforcement of these plans during the construction of the Mountain Valley Pipeline; and WHEREAS, the Freedom of Information Act can be used to obtain public and local government access to such plans, but only if the Virginia Department of Environmental Quality requires the submission of the plans to the agency by the pipeline developer; and WHEREAS, the Virginia Department of Environmental Quality has publicly stated that it does not have sufficient resources to provide adequate oversight to linear construction projects, including pipeline projects such as the Mountain Valley Pipeline. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, in consideration of the points made above, request that - 1 . hat: 1. The Governor of Virginia provide adequate direction and resources to the Virginia Department of Environmental Quality to execute its role laid out in the Code of Virginia to adequately oversee and manage the environmental aspects of the construction of the Mountain Valley Pipeline project; including reviewing plans, conducting inspections, enforcing regulations, and when appropriate, reviewing the project -specific plans for the proposed Mountain Valley Pipeline; and 2. The Virginia Department of Environmental Quality is petitioned to require project -specific Erosion and Sediment Control and Stormwater Management Plans for the proposed Mountain Valley Pipeline project that meet all Virginia standards, and that these plans be made available to the County and to the public for review and comment prior to project approval Page 3 of 4 and that the approved plans be made available to the County and the public prior to construction; and 3. Prior to construction, the Virginia Department of Environmental Quality is petitioned to require Mountain Valley Pipeline, LLC officials and third -party inspectors to meet with local officials to discuss the implementation of the project -specific Erosion and Sediment Control and Stormwater Management Plans. AND BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Roanoke, Virginia hereby directs the County Administrator to transmit this resolution to: the Governor of Virginia Terry McAuliffe with copies to the Federal Energy Regulatory Commission (FERC) for inclusion in pre -filing Docket Number PF -15-3-00, Virginia Secretary of Natural Resources Molly Ward, and Virginia Department of Environmental Quality Director David Paylor. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A 06PY TESTE: Deborah C. Jacks' (/ Chief Deputy Clerk to the Board of Supervisors cc: Thomas C. Gates, County Administrator Richard L. Caywood, Assistant County Administrator Page 4of4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-2 APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA IDENTIFYING DESIGNATED GROWTH AREAS WHEREAS, on September 1, 2015, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan identifying designated growth areas, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia, and on September 1, 2015, adopted a resolution recommending that the Board of Supervisors review and adopt a revised Comprehensive Plan for Roanoke County; and WHEREAS, on September 22, 2015, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan identifying designated growth areas , after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a comprehensive plan for the physical development of their jurisdiction; and WHEREAS, the Planning Commission has reviewed and recommended an amendment to the Comprehensive Plan for Roanoke County identifying designated growth areas and adding State code references to satisfy criteria for transportation project funding and said plan has been prepared in accordance with Sections 15.2- 2223, 2224, and 2229 of the Code of Virginia; and Page 1 of 2 project funding and said plan has been prepared in accordance with Sections 15.2- 2223, 2224, and 2229 of the Code of Virginia; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the Comprehensive Plan is hereby amended by identifying designated growth areas on existing maps, text and land use designations and adding State code references in order to satisfy criteria for transportation project funding. 2. That this resolution is effective from and after September 22, 2015. On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None UrfIII*411% Deb�rah C. Jacks 1 Chief Deputy Clerk tti the Board of Supervisors cc: David Holladay, Planning Administrator 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 SEPTEMBER 22, 2015 RESOLUTION 092215-3 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRUCKS ON ROUTE 758 (CARSON ROAD), VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Board of Supervisors have studied the possibility of placing a through truck restriction on Route 758 (Carson Road); and WHEREAS, the through truck restriction is proposed on Route 758 (Carson Road), beginning at the intersection of US Route 221 / 460 (Challenger Avenue) and ending at the City of Roanoke corporate limits at Belle Avenue, with the termini to termini distance equaling approximately 1.07 miles; and WHEREAS, the alternate route proposed is US Route 221/460 (Challenger Avenue) beginning at the intersection of Route 758 (Carson Road), then traveling west on US Route 221/460 to Gus W. Nicks Boulevard, then traveling east on Gus W. Nicks Boulevard, and ending at the intersection of King Street in the City of Roanoke, with the termini to termini distance equaling approximately 2.95 miles; and WHEREAS, the alternate route has been found to be reasonable; and WHEREAS, a public hearing was held on September 22, 2015, according to Section 46.2-809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to restrict through trucks on Route 758 (Carson Road) beginning at the intersection of US Route 221/460 (Challenger Avenue), and ending at the City of Roanoke corporate limits at Belle Avenue, with the termini to termini distance equaling approximately 1.07 miles; Page 1 of 2 BE IT FURTHER RESOLVED, that the County will use its offices for enforcement of the proposed restriction in Roanoke County. On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: Deborah C. Jacks ' Chief Deputy Clerk to Board of Supervisors cc: David Holladay, Planning Administrator Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 22, 2015 ORDINANCE 092215-4 AUTHORIZING THE GRANTING OF AN ELECTRIC UTILITY EASEMENT TO APPALACHIAN POWER (AEP) ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.00-01-08.00-0000) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO GREEN HILL PARK BALL FIELD AT 3050 GREEN HILL PARK ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing electrical service to the Green Hill Park Ball Field from an existing overhead electric line; and WHEREAS, the proposed utility easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing of this ordinance was held on September 22, 2015. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a utility easement. 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way Page 1 of 2 on Property of Roanoke County Board of Supervisors", prepared by Appalachian Power Company and dated 7/16/2015, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk t th Board of Supervisors cc: Paul M. Mahoney, County Attorney Doug Blount, Director of Parks, Recreation and Tourism Page 2 of 2 TAX PARCEL No. 055.00-01-08.00-0000 Map No. 3780-250-134 Prop No. 1 THIS AGREEMENT, made this W. O. No. W002603201 Job No. 15 100051 day of , 2015, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "Grantors," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian." WITNESSETH: THAT for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand or other good and valuable consideration paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, a " non— exclusive " right of way and easement with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric power underground, including electric service lines and extensions therefrom, in, on, along, over, through, across and under the lands of the Grantors identified as Tax Parcel 055.00-01-08.00-0000, situated in Catawba District, County of Roanoke. Being a right of way and easement to provide electrical service to Green Hill Park Ballfield at 3050 Green Hill Park Road. Said right of way and easement depicted as a Proposed Underground Electric Line on Appalachian Power Company drawing dated 07/16/2015 entitled, "Proposed Right of Way on the Property of Board of Supervisors of Roanoke County Virginia" attached hereto and made a part hereof as EXHIBIT "A". TOGETHER with the right to Appalachian, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022-2121 underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian Facilities"), in, on, along, through, across and under the above referred to premises; the right to cut, trim and/or otherwise control any trees overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, through, or across and under the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. Appalachian agrees to restore and repair any damage to Grantor's property that may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that Appalachian will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating such restoration. APPALACHIAN will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persons or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. This instrument is executed by a duly authorized administrator of Roanoke County, Virginia, to signify approval by the Board of Supervisors of Roanoke County, Virginia, of the conveyance of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board on the day of , 2015. 2 TO HAVE AND TO HOLD the salve unto Appalachian Power Company, its successors and assigns. It is agreed that this foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terns and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the following signatures and seals. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA 0 STATE OF VIRGINIA ) TO -WIT: COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 2015, by NAME and on behalf of Roanoke County, Virginia. My Commission Expires: 3 TITLE NOTARY PUBLIC for GREEN HILL PARK PROPOSED UNDERGROUND EASEMENT, 13A,LLFIELE> GREEN HILL PARK ROANOKE,COUNTY, VIRGINIA T.D.665000 MAP SECTION 37800250134 APPALACHIAN POWER COMPANY CHARLESTON REGION, ROANOKE DISTRICT-ROANOKE COUNTY, VIRGINIA PROPOSED RIGHT OF WAY ON THE PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA DFANIV H� BLC 07/16/2015 All' 11'a.e NONE DRAWING NO. EXHIBIT "A" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-5.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CHARLTON D. WILSON, PARKS MAINTENANCE FOREMAN, UPON HIS RETIREMENT AFTER FORTY (40) YEARS OF SERVICE WHEREAS, Charlton D. Wilson was employed by Roanoke County on September 2, 1975, and has served as a Parks Laborer, Motor Equipment Operator I, Motor Equipment Operator II, and as Parks Maintenance Foreman during his tenure with Roanoke County; and WHEREAS, Mr. Wilson retired on September 1, 2015, after forty (40) years of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Wilson, throughout his employmentwith Roanoke County has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Mr. Wilson's career with Roanoke County, he maintained turf, park amenities, ballfields, and greenways for the public and recreation leagues, supervised the construction of several large playgrounds throughout the county, and where he worked directly with contractors to build Whispering Pines Park and Walrond Park, and where he supervised and operated equipment to re -build the infrastructure to re -open Camp Roanoke, and where he worked directly with staff to construct the Walrond Park Wetland Trail, and where he served in a vital role to coordinate the Parks Department's response for snow removal and outdoor emergencies at county facilities; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke Page 1 of 2 County to CHARLTON D. WILSON, for forty (40) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A aQPY TESTE: Deborah C. Jacks' Chief Deputy ClerkTo- the Board of Supervisors Page 2 of 2 ACTION NO. 092215-5.c ITEM NO. K-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 2015 AGENDA ITEM: Request to accept and allocate funds in the amount of $13,399 from the Bureau of Justice Assistance to the Roanoke County Police Department for the fiscal year 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department submitted an application to the Bureau of Justice Assistance for funding from the Edward Byrne Memorial Justice Assistance Grant (JAG). The Department will use the grant funds to procure two (2) new Watch Guard in Car Video Cameras with wireless downloading capabilities. These cameras will replace two (2) Digital Ally cameras, which are inoperative and it is no longer feasible to continue with expensive repairs. Via a letter dated August 13, 2015, the Bureau of Justice Assistance approved the application for funding under the fiscal year 2015 Edward Byrne Memorial Justice Assistance Grant in the amount of $13,399. The grant project period is 10/01/2014 to 09/30/2016. FISCAL IMPACT: The grant does not require matching funds from the County. Ordinance #052615-3 appropriated grant funds for grants that are routine and usual in nature for the 2015-2016 fiscal year. Funds in the amount of $13,399 will need to be allocated from the grant account to the fiscal year 2015 Edward Byrne JAG account. Page 1 of 2 ALTERNATIVES: 1. Accept and approve the allocation of grant funds in the amount of $13,399 from the Bureau of Justice Assistance to the Police Department for the fiscal year 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends alternative 1. VOTE: Supervisor Peters moved to approve the request to allocate funds. Motion approved. cc: Howard B. Hall, Chief of Police Rebecca Owens, Director of Finance Jimmy Lyons, Budget Manager Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Howard B. Hall, Chief of Police Rebecca Owens, Director of Finance Jimmy Lyons, Budget Manager Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ADELE BIRCKHEAD, POLICE OFFICER — UNIFORM DIVISION, UPON HER RETIREMENT AFTER MORE THAN ELEVEN (11)YEARS OF SERVICE WHEREAS, Adele Birckhead was employed by Roanoke County on January 24, 2004 and has served as a Police Officer— Uniform Division during hertenure with Roanoke County; and WHEREAS, Ms. Birckhead retired on September 1, 2015, after eleven (11) years and seven (7) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Birckhead, throughout her employmentwith Roanoke County has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Officer Birckhead's career with Roanoke County, she was able to serve as a Field Training Officer, senior evidence technician and valued member of the Crisis Intervention Team. She additionally served as a valued member of Roanoke County's Employee Advisory Committee and the Police Department's policy review committee:. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ADELE BIRCKHEAD for more than eleven (11) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A WI'PY TESTE: Deborah C. Jacks '/ d' Chief Deputy Clerk tDfhe Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 22, 2015, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes — August 25, 2015 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Adele Birkhead, Police Officer— Uniform Division upon her retirement after more than eleven (11) years of service 3. Resolution expressing the appreciation of the Board of supervisors of Roanoke County to Charlton D. Wilson, Parks, Maintenance Foreman, upon his retirement after more than forty (40) years of service 4. Request to accept and allocate funds in the amount of $13,399 from the Bureau of Justice Assistance to the Roanoke County Police Department for the fiscal year 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation 5. Resolution supporting House Bill 2 project applications by Roanoke County and the Roanoke Valley Transportation Planning Organization Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: rr r f - i Deborah C. Jacks t Chief Deputy Clerk t4.16e Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-5.d SUPPORTING HOUSE BILL 2 APPLICATIONS BY ROANOKE COUNTY AND THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION WHEREAS, at a work session on September 8, 2015, the Board of Supervisors reviewed proposed House Bill 2 project applications; and WHEREAS, the list of projects includes both Roanoke County application, and Roanoke Valley Transportation Planning Organization applications; and WHEREAS, the Board of Supervisors desires to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as develop projects consistent with local land use policies. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the following House Bill 2 projects for Roanoke County application: a. Electric Road Widening, Safety, and Multimodal Improvements b. McVitty Road / Old Cave Spring Lane Improvements c. Lila Drive / Plantation Road Intersection Safety Improvements d. Catawba Valley Drive / North Electric Road Intersection Safety and Congestion Improvements Page 1 of 3 2. That the Board of Supervisors hereby supports the following House Bill 2 projects for Roanoke Valley Transportation Planning Organization application: a. Interstate 81 Northbound Auxiliary Lane / Exit 141 to Exit 143 b. Interstate 81 Widening / Exit 140 to Exit 143 c. Route 220 Signal Coordination / Route 419 to Clearbrook Village Lane d. Interstate 81 Interchange Lighting / Exit 137 to Exit 150 e. West Roanoke River Greenway / Green Hill Park to Riverside Park f. Interstate 81 Auxiliary Lanes / Exit 150 through Truck Weigh Stations 3. That the Clerk to the Board forthwith send a certified copy of this Resolution to Senator Mark Warner, Senator Timothy Kaine, Representative Bob Goodlatte, Representative Morgan Griffith, and Commonwealth Transportation Board members William H. Fralin, Jr. and Court G. Rosen. 4. That this resolution is effective immediately. Page 2 of 3 On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: Debarah C. Jacks [/ Chief Deputy Clerk to the Board of Supervisors cc: Senator Mark Warner Senator Timothy Kaine Representative Bob Goodlatte Representative Morgan Griffith William H. Fralin, Jr., Commonwealth Transportation Board Court G. Rosen, Commonwealth Transportation Board David Holladay, Planning Administrator Wayne G. Strickland, Roanoke Valley Transportation Planning Organization Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-6 RECOGNIZING HOLLINS VOLUNTEER FIRE AND RESCUE DEPARTMENT #5 FOR SIXTY-FIVE (65) YEARS OF SERVICE WHEREAS, in September, 1950, led by Volunteer Chief E. L. Honaker, a group of twenty-one (21) men formed the Hollins Volunteer Fire Department to provide safety to the northern part of Roanoke County; and WHEREAS, their beginnings were humble as they relied on support and funds from community individuals and businesses; and WHEREAS, in the early years, volunteers used pumper trucks housed in a four -bay station (located about a half a mile down Peters Creek Road from the current station) to protect the rural and suburban residential landscape; and WHEREAS, in 1953 Hollins Volunteer Rescue Squad got its start and joined the Hollins Volunteer Fire Department, becoming the Hollins Volunteer Fire and Rescue Department; and WHERAS,iln 1981, a new station was built on Barrens Road and, after a few additions, now includes twelve bays. The station houses a wagon, 105 -foot ladder, a specialized rescue engine, three ambulances, a fire investigation unit, fire and severe weather safety education trailer and two utility vehicles; and WHEREAS, along with protecting residential areas, the Hollins station also covers commercial, industrial and high-rise structures, as well as providing automatic and mutual aid for the Roanoke Regional Airport; and WHEREAS, currently, Volunteer Fire Chief Robert Ketchum and Volunteer Rescue Page 1 of 2 Chief Jeff Edwards lead the Hollins Volunteer Fire and Rescue Department. The membership has grown and changed, reflecting the community it serves. The Hollins Station serves nearly 14,000 citizens and businesses throughout northern Roanoke County and provides back-up to the Catawba and Masons Cove areas. The station responds to more than 2,200 calls each year; and WHEREAS, Hollins firefighters share the credo: "No One Left Behind," while Hollins rescuers adhere to the motto: "Save a Life Today." Through the thick and thin, the good and the bad, the wins and the losses, Hollins Fire and Rescue stand by the belief they are a brotherhood and sisterhood that cannot be broken. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THE HOLLINS VOLUNTEER FIRE AND RESCUE DEPARTMENT for over sixty-five (65) years of dedicated service to Roanoke County. On motion of Supervisor Bedrosian to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: Deborah C. Jacks' Chief Deputy Clerk to he Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 RESOLUTION 092215-7 APPOINTING THE COUNTY ATTORNEY AND APPROVAL OF AN EMPLOYMENT AGREEMENT WHEREAS, Chapter 7 of the Roanoke County Charter provides for the appointment of a County Attorney, his or her powers and duties, compensation and tenure. WHEREAS, Section 15.2-1542 of the Code of Virginia establishes the various duties and responsibilities of the County Attorney; and WHEREAS, an employment agreement between the County Attorney and the Board of Supervisors has been negotiated. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That Candidate, subject to acceptance of the terms and conditions of employment, is hereby appointed County Attorney for Roanoke County, and that his/her tenure shall commence on or before December 1, 2015. 2. That Candidate shall exercise all of the powers and fulfill all of the duties and obligations of County Attorney as provided in the Roanoke County Charter, the position description, the policies and regulations adopted by the Board and the legal directives of the Board. 3. That an employment agreement is hereby approved, and the Chairman of the Board is hereby authorized to execute this agreement of behalf the Board. Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, McNamara, Peters NAYS: Supervisor Bedrosian A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk to a Board of Supervisors cc: Paul M. Mahoney, County Attorney Page 2 of 2 EMPLOYMENT AGREEMENT This Agreement is made and entered into this day of September, 2015, between the Board of Supervisors of Roanoke County, Virginia (the "Board") and Candidate (the "County Attorney") and sets forth the terms and conditions of his/her employment by the Board as County Attorney for the County of Roanoke, Virginia ("Roanoke County"). WITNESSETH WHEREAS, the Board desires to employ the services of Candidate as County Attorney of Roanoke County, Virginia ("Roanoke County"); and WHEREAS, it is the desire of the Board to (1) secure and retain the services of a County Attorney and to provide inducement for him/her to remain in such employment and (2) to provide a just means for termination of the County Attorney's services at such time as he/she may be unable fully to discharge his/her duties or when the Board may desire to otherwise terminate his/her employment; and WHEREAS, Candidate desires to accept employment as the County Attorney for Roanoke County, Virginia; and WHEREAS, the parties wish to enter into an agreement setting forth the terms of such employment during such period; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Board and the County Attorney agree to the following terms and conditions of employment: Section 1. Employment of and Duties of County Attorney. a. The Board hereby agrees to employ Candidate as County Attorney of Roanoke County to serve as the chief legal officer and advisor of Roanoke County. b. The County Attorney shall perform the functions and duties of County Attorney as prescribed by Chapter 7 of the Roanoke County Charter, Section 15.2-1542 of the Code of Virginia, and those set forth in the position description for the County Attorney approved by the Board and attached hereto as Appendix A and as amended from time to time, policies and regulations adopted by the Board, and the legal directives of the Board, and shall be identified as the County Attorney. The County Attorney shall devote all necessary time, skill, labor, and attention to such duties as the chief legal officer and advisor of Roanoke County. C. The County Attorney shall have charge of the administration of the Roanoke County Attorney's office under the direction of the Board. The County Attorney shall fully and completely inform the Board of Supervisors of any and all legal issues and information that is relevant to the functioning of the Board and the County. The County Attorney shall Page 1 of 7 be the chief legal officer and advisor for the Board; shall select, organize and assign all his/her personnel, as best serves Roanoke County government, subject to the policies of the Board and the laws of the Commonwealth; shall represent the County in all civil matters and business affairs of the County; shall from time to time suggest ordinances, resolutions, regulations, rules and procedures deemed necessary for the well ordering of Roanoke County; and in general perform all duties incident to the office of the County Attorney as prescribed by law and Board policy. d. The County Attorney shall perform any other legally permissible duties or functions which the Board may see fit to assign at any time during the term of this Agreement consistent with the office of the County Attorney. Section 2. Commencement of Employment; Term; County Administrator Serves at the Pleasure of Board. a. The County Attorney shall commence his/her services in that position on December 1, 2015 and for a term of three (3) years. b. The Board and County Attorney acknowledge that the County Attorney serves only at the pleasure of the Board. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Board of Supervisors to terminate the services of the County Attorney at any time, with or without reason, provided that it may not do so for any reason which would contravene the laws of the Commonwealth or the Constitution or laws of these United States, and subject only to the Termination and Compensation provisions set forth in Section 3 of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the County Attorney to resign at any time from his/her position with the County, subject only to the provisions of Section 4 of this Agreement. d. The Board shall provide the County Attorney with at least six (6) months' notice of its intent not to renew this Agreement. Section 3. Termination and Compensation Pay. a. Termination by Board without cause; notice. The Board shall have the right to terminate this Agreement at any time by providing the County Attorney with written notice setting forth the effective date of termination b. Termination by Board for cause. The County Attorney may be terminated by the Board for sufficient cause which shall include material breach of this Agreement, willful non-compliance with laws and regulations or Board policies, conviction of any felony or any crime involving moral turpitude, loss of license to practice law in the Commonwealth of Virginia, or conviction of a crime involving his/her employment with Roanoke County or an act involving gross and willful negligence pertaining to the execution of responsibilities of the County Attorney. In the event of such termination for cause, all salary and benefits shall cease as of the effective date of such termination. The County Attorney shall be Page 2 of 7 entitled to payment for accrued flexible leave, and holiday leave in accordance with Section 7 of this Agreement. C. Compensation Pay. In the event of termination as provided in paragraph "a" of this Section the County Attorney shall be entitled to payments for equivalent to six (6) months of annual base salary from the effective date of termination and flexible leave and holiday leave in accordance with Section 7 of this Agreement.. d. Termination for Non -Compliance with Agreement or Resignation Requests. In the event the Board refuses, following written notice, to comply with any provisions of this Agreement benefiting the County Attorney, or if the County Attorney resigns (not for cause) following a request, either formal or informal, by a majority of the Board that the County Attorney resign, then in that event, the County Attorney may, at the County Attorney's option, be deemed to be terminated at the date of such refusal or suggestion, and the provisions of paragraph "c" above with regards to compensations shall apply. e. Termination for Disability. Sickness. If the County Attorney is disabled or is otherwise unable to perform his/her duties because of sickness, accident, injury, mental or physical incapacity or health, the Board shall have the option to terminate this Agreement effective on the date of written notice thereof without regard to any other notice provisions in this Agreement, and the County Attorney shall be entitled to leave and disability benefits applicable to full-time County employees. Section 4. Voluntary Resignation. The County Attorney may terminate this Agreement by giving written notice at least three months prior to the effective date of said resignation. The County Attorney shall be entitled to receive all compensation payable under this Agreement up to and including the effective date of said resignation, and leave accruals, as listed in Section 7 of this Agreement. Upon voluntary resignation the County Attorney waives any claim to compensation for the remainder of the term of this Agreement. The Board may, in its sole discretion, waive any or this entire three months' notice requirement. Section S. Salary. a. The annual base salary of the County Attorney beginning December 1, 2015 shall be $145,000 to be paid in accordance with the standard policy of the Board governing payment of professional staff members in the Roanoke County government. b. The Board agrees to award the County Attorney in July of each fiscal year cost of living increases, or average compensation adjustment, if any, in the same amount as awarded to Roanoke County employees generally, based upon an annual performance review performed before the end of each fiscal year. c. In addition to increases as provided in b. above, the annual salary of the County Attorney shall be increased beginning December 1, 2016, by the sum of $5,000, and Page 3 of 7 beginning December 1, 2017, by the sum of $5,000 during the remaining term of this Agreement. d. In addition to a salary increase, the Board may provide a bonus to the County Attorney based on his/her annual performance review. Any adjustments for subsequent years during the term of this Agreement shall be in writing and shall be in the form of an amendment or addendum except for the above-mentioned cost of living increases as provided in b. above, and the two annual increases as provided in c. above. Section 6. Cellular Telephone Allowance. The County will furnish the County Attorney with a PDA/cellular telephone and service for business use. Personal use of this PDA/cell phone shall be kept to a minimum. Section 7. Flexible Leave. The County Attorney shall receive flexible leave as provided to all other County employees, and he shall accumulate flexible leave hours based upon ten years of service (26 days annual accumulation, 8 hours bi-weekly accumulation). Section 8. Hours of Work. The County Attorney is expected to observe office hours similar to those of other administration employees. It is recognized that the County Attorney will frequently be required to work beyond normal office hours for night or weekend meetings and related duties. In recognition of the fact that the County Attorney is expected to devote a significant amount of time outside of normal office hours to the business of Roanoke County, the County Attorney may, to the extent that his/her duties permit, take reasonable discretion in varying observance of office hours; however, no accumulation of compensatory time or monetary compensation is granted. Section 9. Holidays and Other Miscellaneous Benefits. The County Attorney shall be entitled to the same holidays and funeral, military, court, workers' compensation, emergency condition, discretionary and volunteer leave as other fulltime Roanoke County employees. Section 10. Health Insurance. The County shall provide health, dental, and vision insurance coverage and short and long term disability insurance for the County Attorney and his/her dependents as it does for other full-time employees of the County. Section 11. Retirement and Life Insurance. The Board shall pay the employer share of the Virginia Retirement System (VRS) contribution and the total premium for VRS Group Term Life Insurance for the County Attorney. The County Attorney may also choose to enroll in the Deferred Compensation Page 4 of 7 Plan available to other full-time employees of the County. If he/she chooses to enroll in the Deferred Compensation Plan then the County will pay on his/her behalf into such plan $385.00 per 26 pay periods for the term of this Agreement. The County shall also allow for the opportunity to participate in the Optional Life Insurance Program as provided by the Virginia Retirement System. The County does not contribute anything to the monthly premium of the Optional Life Insurance Program. Section 12. Dues. Subscriptions and Professional Development. a. Dues and Subscriptions. The Board agrees to pay a reasonable amount for the professional dues and subscriptions of the County Attorney necessary for his/her continuation and full participation in LGA and other national, state, and local bar associations necessary and desirable for his/her continued professional participation, growth, and advancement and for the good of Roanoke County following approval by the Board of Supervisors any estimated expenses the County Attorney proposes under this Section. b. Professional Development. The Board also agrees to pay the travel and related expenses of the County Attorney for his/her professional development, professional training and education, and to attend necessary official and other functions for the Board and meetings of such other national, regional, state, and local groups, or committees thereof, on which the County Attorney serves as a member, following approval by the Board of any estimate of expenses the County Attorney proposes under this Section, such expenses to include registration fees, travel and subsistence expenses in accordance with Roanoke County travel policies. Such meetings would include the LGA Spring and Fall Conferences, VACo annual conference, and the ICMA annual conference, provided that the expenses therefore are within the total amount budgeted as provided in paragraph "c" of this Section. C. The total available for the expenses set forth in this section shall be set annually by the Board in the operating budget based on and in consideration of the recommendation of the County Attorney and the expenses for dues and subscriptions and professional development in this Section are limited to such annual budgeted amount. Section 13. Residency. The County Attorney shall reside in and be a bona fide resident of Roanoke County during the term of this Agreement. The Board agrees that the County Attorney may take up to twenty-four months to relocate his/her residence to Roanoke County, which date will be December 1, 2017. Failure to relocate in the time provided in this Section shall be good and sufficient cause to terminate this Agreement and in that event, the Board shall have no obligation to pay the remainder of the compensation provided in paragraph "c" of Section 3 of this Agreement. Notwithstanding the foregoing, the Board may extend this period for good cause. Page 5 of 7 Section 14. Outside Employment or Activities. The County Attorney may, with prior approval of the Board, undertake consultative work, speaking engagements, writing, lecturing, or other professional activities for compensation so long as such activities do not interfere with the duties required under this Agreement. Section 15. Evaluation. The Board shall review and evaluate the performance of the County Attorney at least once annually before July 1St. This review shall be in accordance with specific criteria developed by the Board and the County Attorney. This criteria can be amended from time to time based on changes to the expectations of the Board, after the County Attorney has been informed of the proposed changes. Further, the Board shall provide the County Attorney with a summary written statement of the evaluation and provide the opportunity for the County Attorney to discuss this evaluation with the Board. Section 16. Relocation Allowance. The Board agrees to provide the County Attorney a one-time relocation allowance of $10,000. This allowance shall be paid to the County Attorney upon his/her relocation to the County. Section 17. General Provisions. a. The Board agrees to provide insurance or self-insurance coverage in matters relating to the County Attorney's official duties within the scope of employment, and legal counsel for the County Administrator as is provided to all Roanoke County employees generally in accordance with the Code of Virginia. b. This Agreement is expressly subject to the laws of the Commonwealth of Virginia and the regulations of Roanoke County. C. The obligations of the County under this Agreement shall be subject to and dependent upon appropriations being made from time to time by the Board of Supervisors of the County for such purpose. Any other provision to the contrary notwithstanding, this Agreement and the obligations herein shall not constitute a debt of the County within the meaning of any limitation on indebtedness of the County under any constitutional or statutory limitation and nothing in this Agreement shall constitute a pledge of the full faith and credit of the County under any provision of its Charter, as applicable, or the Constitution of Virginia. The failure of the governing body of the County to appropriate funds in any year for payment in full of the payments required by the Agreement during such year shall terminate this Agreement without any further liability on the part of the County off any kind, thirty (30) days after the Board of Supervisors of the County makes a Page 6 of 7 final determination not to appropriate funds for this Agreement for the current fiscal year, unless the County provides appropriations for similar purposes or services. d. This Agreement constitutes the entire agreement between the Board and the County Attorney and may be amended only by written agreement executed by them. If any provision of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be severable and shall remain in full force and effect. IN WITNESS WHEREOF, the Roanoke County Board of Supervisors has caused this Agreement to be executed on its behalf by its Chair in accordance with action authorizing such execution on 2015 and the County Attorney has executed this Agreement, both in duplicate this date. Executed this day of .2015. Attest: Chief Deputy Clerk Approved as to form: Paul M. Mahoney, County Attorney Page 7 of 7 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA P. Jason Peters, Chairman Candidate AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 ORDINANCE 092215-8 AMENDING CHAPTER 5 "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE TO AMEND STANDARDS FOR RESIDENTIAL CHICKEN KEEPING WHEREAS, Ordinance 082812-7 adopted by the Board of Supervisors on August 28, 2012, established standards for residential chicken keeping; and WHEREAS, after staff review the following amendments are recommended to the standards; and WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015; and WHEREAS, public necessity, convenience and general welfare are valid public purposes for such recommendations and action by the Board of Supervisors; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That the Roanoke County Code be amended to read and provide as follows: CHAPTER 5 — ANIMALS AND FOWL ARTICLE II — DOGS, CATS AND OTHER ANIMALS DIVISION 1 -GENERALLY Sec. 5-38. Standards for residential chicken keeping. The keeping of female chickens (hens) shall be permitted in non - agriculturally zoned areas of the county subject to the following standards: (1) The principal use of the property is a single-family dwelling. Page 1 of 3 Note: Text additions are in red font. Text deletions are in red font and struck through. (2) The owner of the chickens must reside on the property on which the chickens are kept. (3) Chickens shall be kept within a predator -resistant coop or chicken enclosure at all times and shall not be permitted to run at large. (4) Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure. (5) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of efle Iwo hundred fifty (4250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. (6) Coops and chicken enclosures shall be secur6y constructed, well -ventilated and kept in a clean, dry and sanitary condition at all times. (7) Provision shall be made for the storage and removal of chicken waste (manure). Such waste shall not create a nuisance or health hazard to adjoining property owners. (8) All chicken feed or other material intended for consumption by chickens shall be kept in containers impenetrable by rodents, insects or predators. (9) The keeping of roosters, capons, and crowing hens is prohibited. (10) The outdoor slaughtering of chickens is prohibited. (11) l he aAimui unuimL) r of feiimaIIe 6Ihlicken(Iltu a s) Hhat a ay hese kept §tlaIHI I,)a foIHows :e L.. l &ze I axlia qua Ilyui IL)er of CIhlckens&(IL...N n ) 20,000 square feet or Hess 20,001 square feet to 1.y acre Greater Illtlan 1.y acre 1 2. That this ordinance shall be in full force and effect from and after its adoption. Page 2 of 3 Note: Text additions are in red font. Text deletions are in red font and struck through. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A COPY TESTE: . Deborah C. Jacks Chief Deputy Clerk t the Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development John Murphy, Zoning Administrator Paul M. Mahoney, County Attorney Page 3 of 3 Note: Text additions are in red font. Tent deletions are in red font and struck through. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 ORDINANCE 092215-8 AMENDING CHAPTER 5 "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE TO AMEND STANDARDS FOR RESIDENTIAL CHICKEN KEEPING WHEREAS, Ordinance 082812-7 adopted by the Board of Supervisors on August 28, 2012, established standards for residential chicken keeping; and WHEREAS, after staff review the following amendments are recommended to the standards; and WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015; and WHEREAS, public necessity, convenience and general welfare are valid public purposes for such recommendations and action by the Board of Supervisors; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That the Roanoke County Code be amended to read and provide as follows: CHAPTER 5 — ANIMALS AND FOWL ARTICLE II — DOGS, CATS AND OTHER ANIMALS DIVISION 1 -GENERALLY Sec. 5-38. Standards for residential chicken keeping. The keeping of female chickens (hens) shall be permitted in non -agriculturally zoned areas of the county subject to the following standards: (1) The principal use of the property is a single-family dwelling. (2) The owner of the chickens must reside on the property on which the chickens are kept. Page 1 of 3 (3) Chickens shall be kept within a predator -resistant coop or chicken enclosure at all times and shall not be permitted to run at large. (4) Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure. (5) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of two hundred fifty (250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. (6) Coops and chicken enclosures shall be securely constructed, well -ventilated and kept in a clean, dry and sanitary condition at all times. (7) Provision shall be made for the storage and removal of chicken waste (manure). Such waste shall not create a nuisance or health hazard to adjoining property owners. (8) All chicken feed or other material intended for consumption by chickens shall be kept in containers impenetrable by rodents, insects or predators. (9) The keeping of roosters, capons, and crowing hens is prohibited. (10) The outdoor slaughtering of chickens is prohibited. (11) The maximum number of female chickens (hens) that may be kept shall be as follows: Lot Size Maximum Number of Female Chickens (Hens) 20,000 square feet or less 6 20,001 square feet to 1.0 acre 9 Greater than 1.0 acre 12 2. That this ordinance shall be in full force and effect from and after its adoption. Page 2 of 3 On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A CAPY TESTE: 'Deb—orah C. Jacks Chief Deputy Clerk 44ke Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development John Murphy, Zoning Administrator Paul M. Mahoney, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 ORDINANCE 092215-9 AMENDING ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, beginning in January of 2013, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update resulting in the proposal of amendments to the Roanoke County Zoning Ordinance; and WHEREAS, on August 18, 2015, after proper notice, the Roanoke County Planning Commission held a public hearing on various amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows - 1 . ollows: 1. That the Zoning Ordinance is hereby amended to read and provide as follows: Page 1 of 7 ROANOKE COUNTY CODE APPENDIX A — ZONING ORDINANCE ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-5. Commercial Use Types. Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios and centers, reducing salons, dance studios, handicraft and hobby instruction. ARTICLE III — DISTRICT REGULATIONS SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Commercial Uses Bed and Breakfast * 4. Miscellaneous Uses SEC. 30-61. 1-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Office Uses Medical Office Page 2 of 7 4. Commercial Uses Agricultural Services * Automobile Repair Services, Minor* Automobile Parts / Supply, Retail Communication Services Construction Sales and Services Consumer Repair Services Garden Center * Personal Improvement Services Veterinary Hospital / Clinic (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. Commercial Uses Automobile Dealership * Automobile Rental / Leasing Convenience Store * Fuel Center * Gasoline Station * Manufactured Home Sales * Recreational Vehicle Sales and Service SEC. 30-62. 1-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30-62-2. Permitted Uses. Page 3 of 7 (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. 3. Office Uses Medical Office 4. Commercial Uses Personal Improvement Services ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-81. AGRICULTURAL AND FORESTRY USES. Sec. 30-81-5. Stable, Private. (A) General standards: 2. A shelter shall be required for the keeping of a horse or pony. 3. No more than one (1) horse or pony shall be permitted for every two (2) fenced acres 4. Stables, corrals, and other confined areas shall be setback at least fifty (50) feet from any property line. For the purpose of this section, perimeter fencing of a yard shall not be considered a confined area. All confined areas and fencing shall be securely constructed. 6. A plot plan shall be required showing the location of all structures and the location and type of fencing. SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-1. Accessory Apartments. (B) General standards: 2. An accessory apartment may be located in an accessory structure on the lot provided: a. The parcel meets the minimum lot size requirement of the zoning district it is located in. Page 4 of 7 b. The accessory building shall comply with all applicable zoning requirements for a principal building. If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure. 3. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,500) square feet. (C) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The accessory apartment shall be allowed in conjunction with a civic, office or commercial use type. 2. The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area on the site. Sec. 30-82-11. Multi -family Dwelling. (F) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The multi -family use shall be allowed in conjunction with a civic, office or commercial use type. 2. The multi -family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi- family use accounts for more than fifty (50) percent of the gross floor area on the site. Sec. 30-82-15. Two-family Dwelling. (C) General standards in the C-1 and C-2 district: 1. The two-family dwelling use shall be allowed in conjunction with a civic, office or commercial use type. 2. The two-family dwelling use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the Page 5 of 7 two-family use accounts for more than fifty (50) percent of the gross floor area on the site. SEC. 30-85. COMMERCIAL USES. Sec. 30-85-1. Agricultural Services. (B) In the C-1, C-2, and 1-1 districts any outdoor storage area for agricultural equipment awaiting repair shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district. Sec. 30-85-8. Bed and Breakfast. (A) General standards: (B) In the R-1 and R-2 zoning districts, the following additional standards shall apply: 1. One (1) guest sleeping room or accommodation shall be allowed as a by - right use provided the maximum number of guest occupants shall not exceed four (4) guests. 2. For two (2) or more guest sleeping rooms, a special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a bed and breakfast shall be considered a by -right use. SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 10. Residential chicken keeping including coops and chicken enclosures provided that: (b) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of two hundred fifty (250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. Page 6 of 7 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A WIPY TESTE: Deborah C. Jacks' Chief Deputy Clerk t e Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development John Murphy, Zoning Administrator Paul M. Mahoney, County Attorney Page 7 of 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2015 ORDINANCE 092215-9 AMENDING ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, beginning in January of 2013, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update resulting in the proposal of amendments to the Roanoke County Zoning Ordinance; and WHEREAS, on August 18, 2015, after proper notice, the Roanoke County Planning Commission held a public hearing on various amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows - 1 . ollows: 1. That the Zoning Ordinance is hereby amended to read and provide as follows: Page 1 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. ROANOKE COUNTY CODE APPENDIX A — ZONING ORDINANCE ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-5. Commercial Use Types. Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios and centers, reducing salons, dance studios, handicraft and hobby instruction. ARTICLE III — DISTRICT REGULATIONS SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. � 1,ed and � lke plc fust "" 44. Miscellaneous Uses SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Office Uses M edic,,fl Office Page 2 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. 4. Commercial Uses Amornobde lZepair Services, Minor morn ode farts / S�lppy, lZetaii * ('ornrmli-ncation Services ('onstrUction S,,fles and Services "' ('onsm-ner lZep air Services llerti onan Irnprovernent Services (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. Commercial Uses / mornobde lZenufl / Leasing p e cry ation,,fl VehicVe Saks and Service * SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30-62-2. Permitted Uses. Page 3 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. (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. 3. Office Uses M edic:rrp Office 4. Commercial Uses 1)erti,ona: Irnprovernent Services ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-81. AGRICULTURAL AND FORESTRY USES. Sec. 30-81-5. Stable, Private. (A) General standards: 2. No more than one (1) horse or pony shall be permitted for every two (2)(:,nc(:, acres o. 4. Stables, corrals, and other confined areas shall be setback at least fifty (50) feet from any property line. For the purpose of this section, perimeter fencing of a yard shall not be considered a confined area. MVV con f ined areas and 6encing sh'pp 6. A plot plan shall be required showing the location of aH ti,trmtffes and the location and type of fencing, .. .� � . r� . r ` SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-1. Accessory Apartments. (B) General standards: 2. An accessory apartment may be located in an accessory essory structure �rr�f�rr �frrrr� �f� p*io@+o4=4*tt@4wowon the lot prrrrp� �y rrrrw � . p rovide : Page 4 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. The parcep rneets the rinnk-nurn U ti i/e requirernent ofthe /of-nng district it is Vocated in, b, The accessory budding ti haH cornpy with aH apphcabk, /oi-nng req uirernents for a principa� budding, Ifthese standards cannot be rnet, the appkant ti haH obtain a speciause perrnpt to pocate an accessory apartniegut in an accessory stnlCtLlre, 3. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,4500) square feet. (W-) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The accessory apartment shall be allowed oo4y in conjunction with=*o=o**o***-k4 a civic, office or commercial use type. Page 5 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. 2. The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area t on the site. Sec. 30-82-11. Multi -family Dwelling. (F) General standards in the C-1 and C-2 districts, independent of the general standards above: The multi -family use shall be in conjunction with, �� a civic, office or commercial use type. A ? 2. Y rnay accmlnt for �lp to fifty (50) percent of the gross floor on the site, A specia: else per pt shaH be reqlire d ifthe rmlnf�arnHy else accmlnts for rnore than fifly (50) percent ofthe gross floor aren on the site, Sec. 30-82-15. Two-family Dwelling. (C) General standards in the C-1 and C-2 district: The two family dwelling use shall be in conjunction with, =m+4+s*t*-+*" a civic, office or commercial use type. A ? -11HY 2. Y two dwelling else rnay accmlnt for �lp to fifty (50) percent of the gross floor area:o:f'::th:e *iRw4wo on the site. A specia: else perrint shaH be reqlired ifthe two fparnHy else accmlnts for rnore than Fifly (50) percent ofthe gross floor aren on the site, SEC. 30-85. COMMERCIAL USES. Sec. 30-85-1. Agricultural Services. (B) In the C-1,:and C-2, and I I districts any outdoor storage area for agricultural equipment awaiting repair shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district. Sec. 30-85-8. Bed and Breakfast. (A) General standards: In the 1Z I and 1Z 2 /onn­ig districts, the fbHowing additiona� standards shaH app�y: Page 6 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. One (p.;) gLK'St tideeping roorn or accortirnodation shaH be aHowed as a by right use provided the rnaxn-nurn nurnber 0f'gLl(,'St occUpants shaH not exceed four (4) gLug st' 2. F'or two (2) or rnore gLK'St tideeping roorns, a speci,,fl use perrint ti haH be required on Vots gess than five (5) acres, Lots that are five (5) acres or greater in tip/e, a bed and brealdast shaH be considered a by right use, SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 10. Residential chicken keeping including coops and chicken enclosures provided that: (b) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of ofw two hundred fifty (4:250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. Page 7 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A OmPY TESTE: Deborah C. Jacks Chief Deputy Clerk t4lhe Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development John Murphy, Zoning Administrator Paul M. Mahoney, County Attorney Page 8 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through.