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HomeMy WebLinkAbout5/24/2016 - RegularINVOCATION: Pastor Nathan Anderson Brookhill Baptist Church Roanoke County Board of Supervisors May 24, 2016 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 5 Roanoke County Board of Supervisors Agenda May 24, 2016 Good afternoon and welcome to our meeting for May 24, 2016. 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 now closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS F. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $14,000 to the Roanoke County Public Schools from the Virginia Department of Education for Science, Technology, Engineering and Math Recruitment and Retention Incentive Awards (Rebecca Owens, Director of Finance) Page 2 of 5 G. PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Ordinance authorizing the vacation of a 0.014 acre portion of a right-of-way shown as Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Plat Book 18, Page 156 and located in the Catawba Magisterial District (Arnold Covey, Director of Community Development) H. SECOND READING OF ORDINANCES 1. Ordinance approving Botetourt County's request to join the Roanoke Valley Greenway Commission and to adopt The Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission (Doug Blount, Director of Parks, Recreation and Tourism) 2. Ordinance accepting and appropriating grant funds in the amount of $1,053,858.75 from the National Highway Traffic Safety Administration for a Roanoke Valley Driving under the Influence (DUI) task force (Howard B. Hall, Chief of Police) I. ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2016-2017 budget, the fiscal year 2016-2017 capital budget, and the fiscal year 2017-2026 Capital Improvement Program for Roanoke County, Virginia (Christopher Bever, Director of Management and Budget) 2. Ordinance to appropriate funds for the fiscal year 2016-2017 budget and approval of the Classification Plan for fiscal year 2016-2017 (Christopher Bever, Director of Management and Budget; Rebecca Owens, Director of Finance) J. APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At Large) 3. Clean Valley Council (At Large) 4. Economic Development Authority (EDA) (appointed by District) Page 3 of 5 K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of Minutes — April 12, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sandra L. Bowen, Senior Family Services Specialist, upon her retirement after more than twenty-eight years of service 3. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant 4. Request to accept and allocate grant funds in the amount of $5,000 from the Office of the Attorney General for the Virginia Rules Camp Grant Program 5. Request to accept and allocate funds in the amount of $4,809 to the Clerk of the Circuit Court from the Commonwealth of Virginia 6. Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau (RVCVB) Board of Directors L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt 3. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2016 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2016 5. Accounts paid - April 30, 2016 6. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 30, 2016 7. Proclamations signed by the Chairman Page 4 of 5 EVENING SESSION N. PUBLIC HEARING AND SECOND READING OR ORDINANCES 1. The petition of Star City Church of Christ to obtain a Special Use Permit in a C-2, High Intensity Commercial, District for the operation of religious assembly on approximately 1.21 acres, located at 5933 Williamson Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) 2. The petition of Julie Abernethy, Friendship Apartment Village Corporation, to obtain a Special Use Permit in a C-2CS, High Intensity Commercial, District with conditions and special use permit for outdoor gatherings on approximately 10.51 acres, located at 450 Springbeauty Street and Florist Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) O. CITIZEN COMMENTS AND COMMUNICATIONS P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Al Bedrosian 2. Martha B. Hooker 3. Joseph P. McNamara 4. George G. Assaid 5. P. Jason Peters Q. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: May 24, 2016 Ordinance accepting and appropriating funds in the amount of $14,000 to the Roanoke County Public Schools from the Virginia Department of Education for Science, Technology, Engineering and Math Recruitment and Retention Incentive Awards Rebecca Owens Director of Finance Thomas C. Gates County Administrator Appropriation of $14,000 received by The Roanoke County Public Schools from the Virginia Department of Education (VDOE) for Science, Technology, Engineering and Math (STEM) Recruitment and Retention Incentive Awards. BACKGROUND: The STEM Recruitment and Retention Incentive Award program seeks to attract, recruit and retain high-quality individuals to teach STEM subjects in Virginia's middle and high schools. The program provides monetary incentive awards to teachers who meet specific criteria and are employed in a Virginia public school. DISCUSSION: Roanoke County Public Schools have fourteen teachers that have been selected as recipients of the STEM grant award from the VDOE. Each teacher will receive a $1,000 payment which is taxable. The school division assumes responsibility for ensuring all taxes are remitted. Page 1 of 2 FISCAL IMPACT: The Virginia Department of Education will provide one hundred percent (100%) funding for the incentives. No matching funds are required. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling of the second reading on June 14, 2016. 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 24, 2016 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $14,000 TO ROANOKE COUNTY PUBLIC SCHOOLS FROM THE VIRGINIA DEPARTMENT OF EDUCATION FOR SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH RECRUITMENT AND RETENTION INCENTIVE AWARDS WHEREAS, the Virginia Department of Education provides funds to award incentives to teachers who receive a satisfactory evaluation and teaches a qualifying Science, Technology, Engineering, and Math (STEM) subject in which they have an endorsement in the same Virginia school division following the year in which the teacher received the initial award; and WHEREAS, fourteen teachers in the Roanoke County Public Schools have been selected to receive the $1,000 incentive for meeting the specified criteria; and WHEREAS, the incentive is taxable to the recipient and the school division assumes responsibility for ensuring all taxes are remitted; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on May 24, 2016, and the second reading was held on June 14, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $14,000 is hereby appropriated to the Roanoke County Public Schools; and Page 1 of 2 That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 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: ISSUE: May 24, 2016 Ordinance authorizing the vacation of a 0.014 acre portion of a right-of-way shown as Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Plat Book 18, Page 156 and located in the Catawba Magisterial District Arnold Covey Director of Community Development Thomas C. Gates County Administrator Vacation of a 0.014 acre portion of a right-of-way known as Dawn Marie Court shown on the plat of Section 1, Hanging Rock Estates. BACKGROUND: BGGT, LLC (Lot 44 Section No. 1, Hanging Rock Estates; Tax Map No. 035.04-04- 45.00-0000) and Graham -Thomas, LLC (Tax Map No. 035.04-02-33.00-0000) wish to re -subdivide their properties to create three (3) additional lots at the end of Dawn Marie Court. It is necessary to acquire the 0.014 acre portion of dedicated Dawn Marie Court to provide the required road frontage of 60' for one (1) lot and 30' on the cul-de-sac bulb for the other three (3) lots. Currently Dawn Marie Court is not in the Virginia Department of Transportation (VDOT) Secondary Road System, however, BGGT, LLC has agreed to take the necessary steps to get the entire road into the system. DISCUSSION: Dawn Marie Court was platted and built to the adjacent 32.99 acres of land for future development. However, Graham -Thomas, LLC the current property owner of the 32.99 acres has determined that due to the topography, the extensive grading required, the Page 1 of 2 stream and wetlands mitigation and the resulting low lot count, it is not economically feasible to extend Dawn Marie Court. FISCAL IMPACT: The costs and expenses associated shall be the responsibility of BGGT, LLC. STAFF RECOMMENDATION: Staff recommends holding the public hearing; approving the first reading and scheduling the second reading for June 14, 2016. Page 2 of 2 CAR ETot4 gR►NE Lot 46 Edgar A. Wade & Eve A Worthington T.M. 1035.04-04-47.00-0000 Lot 45 Miller Miok T.M. 1035.04-04-46.00-0000 EX. R.O.W. UNE TO REMAIN UNE 7ABLE LINE BEAR/NGl TAN L1 N81 -22 -00 -El 52.79 L2 NO6'1718 y 52.79 L3 N06'1718 18.55 1� Lot 43 Gory Avis T.M. 1035.04-04-44.00-0000 Ex. house currently under construction Existing 111—curl–de–sac WSW t�� EX. R.O.W. UNE TO REMAIN Lot 44 BGGT, LLC 1035.04-04-45.00-0000 EXISTING LOT = 0.531 AC. R.D.W. VACATION = 0.014 AC NEW LOT = 0.545 AC. APPROX. 589 S.F. OF EX. R.O.W. TO BE VACATED AND REVERT TO LOT 44 T.M. 1035.04-02-33.00-0000 Graham–Thomas, LLC Approx. location of ex. watercourse Lot 42 BGGT, LLC 1035.04-04-43. 00-0000 h m Approx. location of ex. watercourse PL1 H OF JOHN R. McADEN D Lic. No.002002 0 �y j;No SUR`I�l GRAPHIC SCALE 0 30 60 120 DATE: CURVE'ABLE 1" = 60' CURIE R40/US ARC LENGTH CHORD BEAR/NG CHORD LENGTH DELTA ANG AN N Cl 55 00 84.14' N3T3221 E 76.17 8T39 16 52.79 C2 55.00 49.26 N3156 50 47.63 51'19 04 26.42 C3 25.00 22.39 N3156 50 21.65 51'19 04 12.01 GRAPHIC SCALE 0 30 60 120 DATE: 4/21/2016 SCALE: 1" = 60' JOB NO: 04150022.00 DRAWN BY: CPB **NOTE: EXISTING RIGHT-OF-WAY AND PROPERTY LINES ARE BASED ON THE PLAT OF SECTION NO. 1, HANGING ROCK ESTATES, RECORDED IN PLAT BOOK 18, PAGE 156. DAWN MARIE COURT R.O.W. VACATION EXHIBIT FROM RECORDS ROANOKE COUNTY, VIRGINIA PLANNERS • ARCHITECTS• ENGINEERS• SURVEYORS ROANOKE • RICHMOND • NEW RIVER VALLEY • SHENANDOAH VALLEY 1208 Corporate Clrole . Roanoke, Vlrglnla 24018 • Phone (540) 7729580 • Fax (540) 772-8050 EXISTING R.O.W. TO BE VACATED b4ap AND ASSOCIATM INC. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 ORDINANCE AUTHORIZING THE VACATION OF A 0.014 ACRE PORTION OF A RIGHT-OF-WAY SHOWN AS DAWN MARIE COURT ON THE PLAT OF SECTION NO. 1, HANGING ROCK ESTATES, RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE, VIRGINIA IN PLAT BOOK 18, PAGE 156 AND LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the plat of Section No. 1, Hanging Rock Estates recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 156, established a 0.014 acre portion designated as Dawn Marie Court; and WHEREAS, BGGT, LLC (Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000) and Graham -Thomas, LLC (Tax Map No. 035.04-02-33.00- 000) wish to re -subdivide their properties to create three (3) additional lots at the end of Dawn Marie Court to provide the required road frontage of 60' for one (1) lot and 30' on the cul-de-sac bulb for the other three (3) lots; and WHEREAS, Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates currently has never been improved and accepted into the Virginia Department of Transportation (VDOT) Secondary Road System however, BGGT, LLC has agreed to take the necessary steps to get the entire road into the system; and WHEREAS, Dawn Marie Court was platted and built to the adjacent 32.99 acres of land for future development. However, Graham -Thomas, LLC the current property owner of the of the 32.99 acres has determined that due to topography, the extensive grading required, the stream and wetlands mitigation and the resulting low lot count it is not economically feasible to extend Dawn Marie Court; and Page 1 of 3 WHEREAS, the above described 0.014 acre portion is indicated on the plat dated 4-21-2016, prepared by Balzar and Associates and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Dawn Marie Court; and WHEREAS, this vacation will not involve any costs to the County and the affected County departments have raised no objection; and WHEREAS, this notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A public hearing and first reading of this ordinance was held on May 24, 2016, and a second reading of this ordinance was held on June 14, 2016. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Dawn Marie Court, 0.014 acre portion ) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this 0.014 acre portion, Dawn Marie Court, being designated and shown as Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000) and, Tax Map No. 035.04-02-33.00-000, plat of Section No.1, Hanging Rock Estates, Plat Book 18, page 156, in the Catawba Magisterial District of the County of Roanoke, and Page 2 of 3 hereby is vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That a 0.014 acre portion right-of-way is accepted, reserved and maintained for public purposes in the area previously designated as "Dawn Marie Court" as shown on the Exhibit "A" attached hereto. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). Page 3 of 3 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: AGENDA ITEM: SUBMITTED BY: May 24, 2016 Ordinance approving Botetourt County's request to join the Roanoke Valley Greenway Commission and to adopt The Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Ordinance to adopt the Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission to include Botetourt County. BACKGROUND: The purpose of the Roanoke Valley Greenway Commission ("Greenway Commission") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. Following completion of the 1995 Roanoke Valley Conceptual Greenway Plan, the Greenway Commission was formed in 1997, when the Cities of Roanoke and Salem, the County of Roanoke, and the Town of Vinton entered into an Intergovernmental Agreement. The Roanoke Valley Conceptual Greenway Plan was updated in 2007, and subsequently, the Intergovernmental Agreement was revised in 2008 and adopted by the Roanoke County Board of Supervisors (Ordinance No. 121608-8). Since the Greenway Commission's establishment, much has been accomplished and greenways have become a defining part of our region's identity. Greenways have enhanced the quality of life for citizens in the Roanoke Valley by providing safe and efficient alternative transportation links between recreational sites, open spaces, residential areas, employment centers, and educational and cultural facilities. Page 1 of 3 Furthermore, greenways have encouraged tourism, promoted economic development, and protected environmental assets in the Roanoke Valley. The Botetourt County Board of Supervisors adopted a resolution on October 27, 2015 requesting consideration of membership in the Greenway Commission. Connecting trails in Botetourt County to the Roanoke Valley Greenway network will enable citizens in the current member localities to access important outdoor recreational opportunities, such as U.S. Bike Route 76 and the Appalachian Trail, as well as various trails in the George Washington and Jefferson National Forests. Botetourt County has developed its own Comprehensive Trail Plan and is actively working on construction of land and water trails to include the Greenfield Trail System, the Upper James River Water Trail, and the Daleville Greenway. Botetourt County has secured MAP-21/Transportation Alternatives Program funding from the Virginia Department of Transportation (VDOT) for the Daleville Greenway. Botetourt County would like to connect to existing trails in Carvins Cove and proposed trails such as the Tinker Creek Greenway. DISCUSSION: The Amended and Restated Intergovernmental Agreement states that, "Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added." The Greenway Commission passed a resolution on March 23, 2016, to forward Botetourt County's request to join the Greenway Commission to the Participating Localities. The Greenway Commission supports the addition of Botetourt County. The proposed amendments to the Greenway Commission Amended and Restated Intergovernmental Agreement have been written in consultation with attorneys and staff from each jurisdiction. In addition to adding Botetourt County to the document, proposed changes include: A Preamble establishing the intent of the Participating Localities; Removing the Western Virginia Land Trust specifically as a group to work closely with, and instead including the more general "nonprofit organizations"; Updating the name of the Roanoke Valley Transportation Planning Organization; Simplifying the non-voting member language; and Adding the requirement that the Commission shall adopt an annual budget which reflects current practice. There have been no changes since the first reading on May 10, 2016. FISCAL IMPACT: There is no fiscal impact to Roanoke County for fiscal year 2016-2017. The Greenway Page 2 of 3 Commission request to Roanoke County for fiscal year 2016-2017 is unchanged from fiscal year 2015-2016 at $36,880. This amount is based upon the County's proportion of the total population represented. The total Greenway Commission fiscal year 2016-2017 budget is $94,220. If Botetourt County joins the Greenway Commission, its contribution would be $14,475 for fiscal year 2016-2017. The budget of the Greenway Commission would be adjusted accordingly. Funding for the Greenway Commission is evaluated on an annual basis. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 R O A N O K E V A L L E Y GREENWAYS April 8, 2016 Mr. Thomas C. Gates Roanoke County Administrator P.O. Box 29800 Roanoke, VA 24018 1206 KESSLER MILL ROAD Re: Request by Botetourt County to join the Greenway Commission SALEM, VA 24153 Dear Mr. Gates: 540-777-6330 Botetourt County has requested to join the Roanoke Valley Greenway 540-387-6146 (FAX) Commission. This is exciting news and represents an important step in the Ibelcher@roanokecountyva.gov growth of our greenway network, as well as recognition of the benefits of greenways to all the Valley's citizens. Connecting Botetourt to our greenways will www.greenways.org enable citizens in the current member localities to access important recreational opportunities in Botetourt, such as the James River, Appalachian Trail, and various National Forest lands. It will also add to prominence of our greenway system, which is a major driver of economic development, and which has become part of the identity of our region. The Greenway Commission has explored this proposal with previous and current staff from Botetourt and has discussed it at numerous meetings. Rather than just forwarding Botetourt's resolution to you, we felt that we should explore the ramifications of such an addition. We have done so, and at the March 23 meeting, the Commission unanimously passed a resolution to recommend approval of Botetourt's request. Our current Intergovernmental Agreement states that, in order to add a new member, each existing member must pass an ordinance. The Board of Supervisors took action approving that Agreement in 2008 with Ordinance No. 121608-8. Approval of a new member requires unanimous approval from the existing members. We have consulted with the attorneys from each jurisdiction and have drafted an updated version of the Intergovernmental Agreement to include Botetourt County. Changes are noted in the redline version, and a clean version is also attached. These changes include updates in names and deletion of the Land Trust as a voting member. If we can be of further assistance, or can answer hesitate to contact Liz Belcher, or myself. This greenways in the valley, and we look forward to forward into the future together. Sincerely, 4� Benjamin W. Tripp, Chairman Roanoke Valley Greenway Commission any questions, please do not is an important moment for working with you as we move Attachments: Botetourt County's Resolution Requesting Membership Roanoke Valley Greenway Commission Resolution Recommending Approval Amended Intergovernmental Agreement, Redline Version Amended Intergovernmental Agreement, Black Version Botetourt County, Virginia. Board of Supervisors 1770 The regular meeting of the Botetourt County Board of Supervisors was held o. Firincacasde, Virginia 2409f1 1 tMa;nStreet, 09 � on Tuesday, October 27, 2015, in Rooms 226-228 of the Greenfield Education and Phone (540) 473-8223 Training Center in Daleville, Virginia, beginning at 2:00 P. M. Fax (540) 478-822.5 PRESENT; Members: Dr. Donald M. Scothorn, Chairman Mr. L. W. Leffel, Jr., Vice -Chairman Board of Supervisors Mr. John B. Williamson, III Mr. Billy W. Martin, Sr. Donald Scothorn ChairmannMr. Todd L. Dodson L. GIC Leffel,jr. vice chairman ABSENT: Members: None Todd L. Dodson Billy W. Martin, Sr. On motion by Mr. Martin, seconded by Mr. Dodson, and carried by the fol - John B. Wi]Gamson.III lowing recorded vote, the Board adopted the following resolution in support for Botetourt County to be considered for membership into the Roanoke Valley Green- way Commission and authorized the Chairman of the Board of Supervisors to execute an Intergovernmental Agreement and any other associated documents, upon review and approval of the County Attorney, should the request to join the Commission be accepted. AYES: Mr. Williamson, Mr. Dodson, Mr. Martin, Mr. Leffel, Dr. Scothorn NAYS: None ABSENT: None ABSTAINING: None WHEREAS, in 1997, the City of Roanoke, the City of Salem, the County of Roanoke and the Town of Vinton entered into an Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission; and WHEREAS, the purpose of the Roanoke Valley Greenway Commission is to promote and facilitate coordinated direction and guidance in the planning, develop- ment and maintenance of a system of greenways throughout the Roanoke Valley; and WHEREAS, Botetourt County has recently established its own Comprehensive Trail Plan and has been actively developing various trails throughout the County to include the Greenfield Trail System, the Upper James River Water Trail, and the Daleville Greenway; and WHEREAS, many existing and nationally recognized trails exist in Botetourt County including Bike Route 76, the Appalachian Trail, and numerous multimodal trails throughout the George Washington and Jefferson National Forest; and WHEREAS, Botetourt County would like to interconnect with existing trails within Carvin's Cove and existing and planned future greenways within the greater Roanoke Valley; and NOW, THEREFORE, BE IT RESOLVED THAT, the Botetourt County Board of Supervisors hereby requests consideration for membership into the Roanoke Valley Greenway Commission as of July 1, 2016; and NOW, THEREFORE LET IT BE FURTHER RESOLVED THAT, upon the existing four members of the Roanoke Valley Greenway Commission authorizing the acceptance of Botetourt County as a member, the Chairman of the Board of Super- visors is authorized to enter into an Intergovernmental Agreement upon such form as approved by the County Attorney. A Copy TESTE: Mrs. Kathleen D. Guzi Botetourt County Administrator AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1St day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke ("Original Participating Localities") entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 ("Intergovernmental Agreement") and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission ("Agreement") to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2-1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the "Participating Localities") agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission ("Commission") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Participating Locality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: 1 (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley's natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community's undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley's appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2-1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and the County of Botetourt, each herein being referred to as a "Participating Locality". Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: 2 (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended, to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Participating Locality's planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and/or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley -wide; (f) To actively pursue and promote public/private partnerships, work closely with nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley; (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley -wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs; (h) To assist the Participating Localities with developing project plans and timetables for greenways and with defining roles and responsibilities for each project; and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Participating Localities with 3 construction and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Participating Localities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents; (2) One (1) member appointed by the Roanoke Valley Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff member-& from each of the Participating Localities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations shall serve as a non-voting member of the Greenway Commission: (1) The Western Virginia Water Authority; (2) The Roanoke Valley Alleghany Regional Commission; and. (3) Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. 12 (d) The members of the Commission shall serve without compensation. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed-upon fiscal agent. (c) The Commission shall adopt an annual budget. (d) Operating revenue for the Commission shall be funded by the Participating Localities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (e) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Participating Localities. (f) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. 8. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each Participating Locality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Participating Localities. (b) A Participating Locality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Participating Locality. 11. LIABILITY To the extent permitted by law, the Participating Localities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the Participating Localities shall pay reasonable costs of defense. Any costs of the Participating Localities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES 0 WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: City Clerk Approved as to form: CITY OF ROANOKE By Christopher P. Morrill, City Manager Ordinance No.: City Attorney ATTEST: COUNTY OF ROANOKE By County Clerk Thomas C. Gates, County Administrator Approved as to form: Ordinance No.: County Attorney ATTEST: CITY OF SALEM By City Clerk Kevin S. Boggess, City Manager Approved as to form: Ordinance No.: City Attorney 7 ATTEST Town Clerk Approved as to form: TOWN OF VINTON By Barry W. Thompson, Interim Town Manager Ordinance No.: Town Attorney ATTEST: COUNTY OF BOTETOURT By County Clerk Gary Larrowe, County Administrator Approved as to form: Ordinance No.: County Attorney 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 ORDINANCE APPROVING BOTETOURT COUNTY'S REQUEST TO JOIN THE ROANOKE VALLEY GREENWAY COMMISSION AND TO ADOPT THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION WHEREAS, in 1997, the City of Roanoke, the City of Salem, the County of Roanoke and the Town of Vinton entered into an intergovernmental agreement to form the Roanoke Valley Greenway Commission ("Greenway Commission"), and WHEREAS, the purpose of the Greenway Commission is to plan and support a network of greenways and trails throughout the member localities, and; WHEREAS, since that time, much has been accomplished towards that goal, and greenways have become a defining part of our region's identity, and; WHEREAS, the Botetourt County Board of Supervisors has, in a Resolution issued on October 27, 2015, requested to join the Greenway Commission as a member locality, and; WHEREAS, the intergovernmental agreement which established the Greenway Commission states that a new member may join if unanimously approved through adoption of an ordinance by each of the current member localities, and; WHEREAS, the Greenway Commission has thoroughly considered the matter and recommended, in a Resolution numbered 2016-03-001 and issued on March 23, 2016, to the member localities that they approve Botetourt County's request, and; WHEREAS, upon its recommendation to approve Botetourt County's request, the Greenway Commission has prepared an Amended and Restated Intergovernmental Page 1 of 2 Agreement Establishing the Roanoke Valley Greenway Commission, which has been revised, in part, to include Botetourt County as a member locality, and; WHEREAS, the first reading of this ordinance was held on May 10, 2016, and the second reading was held on May 24, 2016; and NOW THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Botetourt County's request to join the Roanoke Valley Greenway Commission is approved. 2. That the County Administrator is hereby authorized to execute the Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission upon such form as approved by the County Attorney. 3. That this ordinance shall be in full force and effect from and after its passage. Page 2 of 2 AT A REGULAR MEETING OF THE ROANOKE VALLEY GREENWAY COMMISSION, ROANOKE, VIRGINIA, March 23, 2016: RESOLUTION 2016-03-001 RESOLUTION TO FORWARD BOTETOURT COUNTY'S REQUEST TO JOIN THE ROANOKE VALLEY GREENWAY COMMISSION TO THE MEMBER LOCALITIES, WITH A RECOMMENDATION OF APPROVAL WHEREAS, the Roanoke Valley Greenway Commission ("Greenway Commission") was formed in 1997 to plan and support a network of greenways and trails throughout the member localities, and; WHEREAS, since that time, much has been accomplished towards that goal, and greenways have become a defining part of our region's identity, and; WHEREAS, Botetourt County has requested to join the Greenway Commission through an action of its governing body, and; WHEREAS, the Intergovernmental Agreement which established the Greenway Commission states that a new member mayjoin if unanimously approved through adoption of an ordinance by each of the current member localities, and; WHEREAS, the Greenway Commission has thoroughly considered the matter and recommends to the localities that they support Botetourt County's request; NOW THEREFORE BE IT RESOLVED: The Roanoke Valley Greenway Commission hereby forwards Botetourt County's request to the member localities for consideration and action by July 1, .2016, and BE IT FURTHER RESOLVED: The Greenway Commission recommends that the member localities approve the request of Botetourt County to join the Greenway Commission. Upon a call for an aye and a nay vote, the same stood as follows: Aye 1'y Nay ATTEST: 4 /1" V All Benjamin W. Tripp Chairman ACTION NO. ITEM NO. H.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: May 24, 2016 Ordinance accepting and appropriating grant funds in the amount of $1,053,858.75 from the National Highway Traffic Safety Administration for a Roanoke Valley Driving Under the Influence (DUI) task force Howard Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator ISSUE: Appropriation of $1,053,858.75 in grant funding for a Roanoke Valley Driving Under the Influence (DUI) task force. BACKGROUND: The use of DUI task forces to reduce the incidence of impaired driving has been commonplace in the State. Typically DUI task forces have been funded for limited periods of time with funding provided by the Virginia Highway Safety Office. These task forces have been effective in reducing the most severe consequences of impaired driving. The Roanoke Valley experiences fewer DUI related fatalities than the national average. Regardless, the problem of impaired driving persists in our region. During the period of 2011 through 2013 there were 732 alcohol-related crashes in the four jurisdictions (County of Roanoke, City of Roanoke, City of Salem, and Town of Vinton) with 251 resulting in injuries. There were 14 DUI related deaths. DISCUSSION: The Roanoke County Police Department has been awarded a grant from the National Highway Traffic Safety Administration through the Virginia Department of Motor Vehicles (DMV) to create a Roanoke Valley DUI Task Force with the responsibility to identify and arrest impaired drivers across the region. The grant will be awarded on an Page 1 of 2 annual basis, however, the Virginia DMV has indicated that funding is available to renew the grant for at least five years. Jurisdictions expected to participate in the Task Force include the County of Roanoke, City of Roanoke, City of Salem, and the Town of Vinton. Grant funding will provide for the creation of six new positions specifically assigned to the newly created Task Force. Roanoke County and the City of Roanoke will each receive funding for two positions. The City of Salem and the Town of Vinton will each receive funds for one staff position. At the conclusion of the grant term, no participating jurisdiction will be required to maintain funding for the positions created in support of the Task Force. There have been no changes from the first reading held on May 10, 2016. FISCAL IMPACT: Awarded grant funds total $1,053,858.75 which includes a required local match of 20% or $210,771.75. Roanoke County's portion of the grant match requirement will be met by providing the fuel and vehicle maintenance necessary for its Task Force positions. Acceptance of this grant will not require a County contribution of cash. Roanoke County will serve as the fiscal agent for this grant and funds have been included in the grant budget to cover the associated costs of grant administration in the Finance Department. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 COMMONWEALTH of VIRGINIA Department of Motor Vehicles Richard D. Holcomb 2300 West Broad Street Post office Box 27412 Commissioner Richmond, VA 23269-0001 March 31, 2016 Sergeant Tim Wyatt Roanoke County Police Department 5925 Cove Road Roanoke, VA 24019 Dear Sgt. Wyatt: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The McAuliffe administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below has been approved for pass- through grant funding from the National Highway Traffic Safety Administration for Federal Fiscal Year (FFY) 2016. Program Project ID# - CFDA# Project Title Amount Approved 154AL-2016-56426-6631-20.607 Roanoke Valley DUI Task Force $843,087.00 The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned grant monitor will contact you to provide mandatory training. You will receive the project agreement(s), scope of work, special conditions, and project budget during the training session. As the recipient of a FFY 2016 grant award, it is important that you read and follow the information carefully. If you have any questions regarding the conditions, please contact the grant monitor assigned to your grant. Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact that your project will have on making our roadways safer. Sincerely, Richard D. Holcomb RDH/sb Grant Monitor: Steve Williams PhnnP• NOM 497-7100 Tii17° 1-900-272-9769 Website: www.dmvNOW.com IM511amy www.dmvNoi#.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Sub Recipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Sub Recipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Sub Recipient: Roanoke County Police Department Project Title: Roanoke Valley DUI 'Task Force Project Number/CFDA Number: 154AL-2016-56426-6631-20.607 Grant Award Amount $843,087.00 Source of funds obligated to this award: U.S. Department of Transportation, National Highway Traffic Safety Administration Period of Performance for this project From October 1, 2015, or the date the Highway Safety Grant Agreement is signed (hereinafter "Grant Period"): by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2016. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2016. In performing its responsibilities under this Highway Safety Grant Agreement, the Sub Recipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and state and federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Sub Recipient's signature below indicates that the Sub Recipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification; the attached Statement of Work and Special Conditions; the attached General Terms and Conditions; the attached Project Budget; the Sub Recipient's proposal; and the letter awarding the grant to the Sub Recipient constitutes the entire agreement between the Department and the Sub Recipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by federal laws, regulations, or policies (2) applicable state laws, regulations, and policies, except where superseded by federal laws, regulations, or policies; (3) applicable federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Sub Recipient's proposal; and (8) grant award letter. SIGNATURO OF'AUTHORIZED APPROVING OFFICIALS'.. For Sub Recipient: v7►l`f L- WIATT S��C(11-Nt N e and Title of Project Director (print) q-5-1 /- Signature Date Name and Title of Authorized Approving Official (print) Sub Recipient's DUNS Number ®il� aj 3 6) 0 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) Yes No Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date cm Ch 0 C;) 0 0 CD 0 (D C) to w C) 0 C3 0 (Z) C) 0 0 C) C) 0 0 0 0 CD 0 C) CD P- 1� d CQ w LL r f- cq N CD O C) 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) (D CD 0 0 C) 0 C) C) 0 C) 10 C> (D C) Cl CD 0 (D 0 (D C) 0 r--: (6 c; 0 6 L6 ci a' C), a' N, 6 C6 c; C6 6 6 C; t-_: 6 1,: U. m m w Q 14r r-- I- CD M -;r " W qr m — N M co m E 6- a o o r-- — u) (1) �r 0 LO M N 0 — M 40 0d 6 ,f (6 C14 Nf r -:d V Cq C6 CNF C6 C\T cq cy; C6 TIT co cr) M 4 cl 0 0 0 0 0 0 C) 0 C) C> CD n C3 0 0 0 0 C) 0 0 ui Lo 0 CD Q 0 0 . 0 . CD . 0 . a . 0 a) C) C) o o c. o C) CD o Q r-- 1`- O® 0 (6 C5 0 0 It LO 0 0 C) C) LO co d C6 6 6 6 P-� Qi F- cr) 0) LO Co V Cq r- Cq r- C) (3) V- CN CD 'T Ln — N 00 Fl- U) I- CIJ (3) 0 u) to 0 (D V (D U') M N 0 — M I- M M cn - - - - - - - - - - - (Y) to C) C> C) CD C) n C> r— 0 r— 0 0 1- 0 C) 0 0 P. LO 6 6 6 6 0 Iq U') C; L6 (6 L6 M, M, r-, (0* N, M, 0' a q 0 -I m CNI w 0 NT CN Fl- (N 0) — 0) oo — LO C14 (D C\l co cq CD VI - r 01 v tO — f- T (0 0) — 00 Lf) Cl) Lf) N f,- (D 0 Nr N: C4 - - - 1.0 L3 C CD 07 r Ln 4) 04 CY LO CII (0 (O m O Ci > L. 0 0 4) O t: CD m CL 69 41) in 0 > 0to to 0 LO 1 - (Y) (f!0 � I.: I.: @) cn 0 V) 04 7C3 I Q (1) 42)EF= 0- Q O U:3 ) C tE it) U) a) r —to a) 0 0 0 70U c tu 0 0 a) > E 0 CL a) CL co E =; Z� 'a CL a) w w cu 0 E CL CD 0 0 W 0 N Or co t —CD E woo-yuoolo-wl (D a) > a) CL Q) E can U) M 03 (D _0 co 0 .2 E o 0 'D E . U) 0) co -0 m L) d) -0 0 d- 0 CL 0 w¢ a) 00- .0 n V= o o o m N m CL Cf) IL LL V IUD 0 0 0 0 0 0 0 L) 0 0V) a U- occ rJf r_c:c '0�IDWWO 50 Cl0 DEEEEEE O Wwowwwo u) 4) 0 0 0 E E E E E E CL 5 CL 's CL 5 CL 'S .9- LL L:)- .2- L 4 C tli a) 0) W cr cr cr cr cr cr cr � =: ,)- � 0- I- n CL 1 0 1 0 0 0 0 w w w I w w w w 0" w D* w -1 TSS 012 -NPS (07/01/2015) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub Recipient: Roanoke County Police Department Project Number: 154AL-2016-56426-6631 1. Goals and Specific Program Elements. The goals and specific program elements of the sub recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. ALCOHOL STATEWIDE GOAL: To decrease alcohol impaired driving fatalities 4 percent from the 2013 calendar base year of 254 to 245 by December 31, 2016. AGENCY GOAL: f o bKc e6-+5," ,4"O#oL FIT-4rmes --T--1 itis P-D+U0ge U bty1 r /VxAJ6" �,o Lo I r 0 e'` 6- % i- Zo /6 -'iil, 0 *l/ 6'F2 -T 5 Fg 4 ,60 o L 7-#6— TASK - 6TASK ID: 1 TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: • Create, recruit and staff a Multi -jurisdictional DUI Task Force to include: ■ 1full time Officer (Supervisor) to supervise DUI Squad by scheduling, reviewing reports, planning operations and assuring goal are met. ■ 5 full time Police Officers for DUI Squad assigned solely to patrol for DUI violations and other alcohol related traffic violations (from Roanoke County, Roanoke City, Salem City and Town of Vinton). ESTIMATED COMPLETION DATE: 9/30/2016 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Fully equip and support staff of the DUI Task Force: ■ To fully equip 6 police vehicles for use by DUI Task Force members ■ To fully equip 1 Supervisor and 5 Police Officers as members of the DUI Task Force, including laptop computers, cell phones & service, supplies, uniforms and maintenance allowance ESTIMATED COMPLETION DATE: 9/30/2016 Project Director L _ �- d Initial Date TSS 012 -NPS (07/01/2015) Page 3A TASK ID: 3 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: • To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon alcohol- related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. ■ To conduct individual patrols during high crash risk times and in high risk locations ■ To conduct checkpoints to increase visibility of enforcement and apprehend alcohol impaired drivers BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of alcohol selective enforcement activities are to be conducted between the hours of 1,5 DO - D 3 0 0 with special emphasis on the following days of the week: The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. o Enforcement is to be conducted using data -identified problem locations. o Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2016 TASK ID: 4 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 5 TASK DESCRIPTION: DMV grant related trainings. PERFORMANCE INDICATORS: To attend all mandatory DMV grant related trainings. ESTIMATED COMPLETION DATE: 9/30/2016 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of D checkpoints and/or 40 individual patrols for (during) the Click It or Ticket Mobilization period in May 2016. b. To conduct a minimum of � checkpoints and/or "cZD individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director Initial Date TSS 0125 (07/01/2015) Page 4 1. Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by state, local and non-profit partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the federal program areas under Public Law 109-59, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and Public Law 112-141, Moving Ahead for Progress in the 21St Century Act (MAP -21). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: a. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the state used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. b. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): Mail surveys; ➢ Telephone surveys; ➢ Focus groups; ➢ Mall intercept interviews; ➢ Direct mailings; Call-in centers; Newspaper polls; ➢ Household interviews; Before and after approach, which compares system status before and after the introduction of the message; and ➢ Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Sub Recipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Sub Recipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using federal funds, and Sub Recipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Grant Program Manual and amendments thereto. Project Director's Initials I'LuJ TSS 0128 (07/01/2015) Page 5 Sub Recipient must request advance, written approval from the Department to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of federal highway safety funds. Disposition of funds from the sale of equipment to another entity must be agreed upon by the Department and the Sub Recipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR Part 200 and 2 CFR Part 1201 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - referred to as the "Supercircular"), the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Sub Recipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Sub Recipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Sub Recipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Sub Recipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Sub Recipient under this Grant Agreement or pursuant to applicable state and federal law, regulations or rules. Any representation to the contrary by the Sub Recipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Sub Recipients expending $750,000 or more in federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Sub Recipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census-oov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future federal funding. The state auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the state auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Sub Recipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Sub Recipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials Tj,tiJ TSS 012B (07/01/2015) Page 6 Article 1. COMPLIANCE WITH LAWS The Sub Recipient shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Sub Recipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Sub Recipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 U.S.C. (United States Code) Chapter 4, Highway Safety Act of 1966, as amended; 23 U.S.C. 405, National Priority Safety Programs; 2 CFR Part 200 and 2 CFR Part 1201 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); the federal Highway Safety Grant Funding Guidance (Revised 2013); the federal Uniform Guidelines for State Highway Safety Programs; the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Sub Recipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub Recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Sub Recipient to act in connection with the application and to provide such additional information as may be required. B. It does and will comply and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and, in accordance with that Act, no person shall discriminate on the llasis of race, color, sex, national origin, age, religion, or disability. C. It does and will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. D. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. E. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all state and local government officers and employees. H. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. I. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. Project Director's Initials I L -V) TSS 0128 (07/01/2015) Page 7 J. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Sub Recipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period specified in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of federal or Department funds to support personnel or an activity already supported by local or state funds. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201.. G. A Sub Recipient may request an Indirect Cost Rate for grants that are not enforcement related. The Sub Recipient must submit a copy of their federally negotiated indirect cost rate. A Sub Recipient that does not have a federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in 2 CFR Part 200. H. The Sub Recipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Sub Recipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Sub Recipient. A matching report must be submitted with each reimbursement voucher. I. The Sub Recipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Grant Program Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Sub Recipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty-five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 30), complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Sub Recipient. In no case shall the Sub Recipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. Project Director's Initials _T_L1UJ TSS 0125 (07/01/2015) Page 8 J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with federal or state funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Sub Recipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Sub Recipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, including this Grant Agreement, the Sub Recipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds provided for the project or program. Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub Recipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Sub Recipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in federal or state laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to deobligate funds not obligated by the Sub Recipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may deobligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Sub Recipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Sub Recipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Sub Recipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Sub Recipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Sub Recipient shall make Project Director's Initials 1 t_LA-) TSS 0128 (07/01/2015) Page 9 such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Sub Recipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Sub Recipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Sub Recipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub Recipient or any costs incurred by the Sub Recipient relating to additional work not directly associated with or prior to the execution of an amendment. Sub Recipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Sub Recipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Sub Recipient personnel, that will materially affect the Sub Recipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable Sub Recipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 9. RECORDS The Sub Recipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Sub Recipient shall make such records available at its office for the time period specified in the Grant Agreement. The Sub Recipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Sub Recipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Sub Recipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Sub Recipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Sub Project Director's initials .) TSS 0128 (07/01/2015) Page 10 Recipient, its officers, agents or employees. The Sub Recipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Sub Recipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. The Sub Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub Recipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Sub Recipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable federal, state or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under state or federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Sub Recipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: The Department terminates the Grant Agreement for cause and informs the Sub Recipient that the project is terminated immediately; or ➢ The Department determines that the performance of the project is not in the best interest of the Department and informs the Sub Recipient that the project is terminated immediately; or The Grant Agreement is terminated in writing with the mutual consent of both parties; or There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Sub Recipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub Recipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Sub Recipient desires to subcontract part of the work specified in the Grant Agreement, the Sub Recipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Sub Recipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Sub Recipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. 'Eroject Director's Initials -rLLk) TSS 01213(07/01/2015) Wage 11 The Sub Recipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Sub Recipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUB RECIPIENT'S RESOURCES The Sub Recipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Sub Recipient will be able to obtain such personnel from sources other than the Department. All employees of the Sub Recipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Sub Recipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Unless otherwise specified, the Sub Recipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUB RECIPIENT SEAT BELT USE The Sub Recipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Sub Recipient, including police vehicles. The Sub Recipient shalt establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201 (Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards). In the event of conflict, such federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the federal standards. 11 1111171111! 1`11111 • �� , .•. All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Sub Recipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 18. RESEARCH ON HUMAN SUBJECTS The Sub Recipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Project Director's Initials 11111-% TSS 0128 (07/01/2015) Page 12 Article 19. ASSIGNMENT The Grant Agreement shall not be assignable by the Sub Recipient in whole or in part without the written consent of the Department. Article 20. NONDISCRIMINATION A. The Sub Recipient WILL COMPLY WITH ALL Federal Statutes and implementing regulations relating to nondiscrimination. These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); 4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; 5. The Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; 6. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 7. The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 8. Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; 9. Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C.3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 10. Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 11. The requirements of any other nondiscrimination statute(s) which may apply to the application. B. The Sub Recipient certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Sub Recipient has been cited for noncompliance with these laws, regulations or policies, the Sub Recipient will not be eligible to receive funding. C. In all solicitations either by competitive bidding or negotiation made by the Sub Recipient for work to be performed under a subcontract, including procurement of materials and equipment and leasing of equipment, each potential subcontractor or supplier shall be notified by the Sub Recipient of the Sub Recipient's obligations under this Grant Agreement and the laws, regulations and policies relating to nondiscrimination on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state or federal law. Project Director's Initials 7LLJ TSS 0128 (07/01/2015) Page 13 D. The Sub Recipient shall provide all information and reports required by the laws, regulations and policies relating to nondiscrimination, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, facilities and other sources of information, as may be determined by the Department or the US DOT to be pertinent, to ascertain compliance with such laws, regulations and policies relating to nondiscrimination. Where any information required of the Sub Recipient is in the exclusive possession of another who fails or refuses to furnish this information, the Sub Recipient shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Sub Recipient has made to obtain the requested information. Article 21. DRUG-FREE WORKPLACE The Sub Recipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F. Article 22. BUY AMERICA ACT The Sub Recipient will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Article 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: ➢ The Sub Recipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Sub Recipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. ➢ The Sub Recipient and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 24. DEBARMENT/SUSPENSION A. The Sub Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any state or federal department or agency or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension; Project Director's Initials ` IA r TSS 0128 (07/01/2015) Page 14 2. Have not within a three (3) year period preceding the Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding the Grant Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Sub Recipient is unable to certify to any of the statements in this Article, such Sub Recipient shall attach an explanation to the Grant Agreement. C. The Sub Recipient is prohibited from making any subcontract or sub award or permitting any subcontract or sub award to any party that does not certify to the Sub Recipient that such party meets the requirements set forth in Section A., Items 1 — 4 of this Article. When requested by the Department, Sub Recipient shall furnish a copy of such certification. D. The Sub Recipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. Article 25. LOBBYING CERTIFICATION The Sub Recipient certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid, by or on behalf of the Sub Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds appropriated under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress or the Virginia General Assembly, except in presentation to the Congress or General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Sub Recipient or agent acting for such Sub Recipient related to any activity designed to influence legislation or appropriations pending before the Congress or the Virginia General Assembly. D. The Sub Recipient shall require that the language of this certification be included in the award documents for all sub awards and subcontracts and that all subcontractors shall certify and disclose accordingly. Project Director's Initials I1-1,1� TSS 012B (07/01120/5) Page 15 E. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 26. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Article 27. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Sub Recipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Sub Recipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorneys fees, incurred in such proceedings. A. Signature Authorized. The Sub Recipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Sub Recipient: LjA-. 10K_(" CO 11n0Ty Lo L;T7CZ— p 670)_ Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials T(,LJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,053,858.75 FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FOR A ROANOKE VALLEY DRIVING UNDER THE INFLUENCE (DUI) TASK FORCE WHEREAS, the Virginia Highway Safety Office has provided funding for several DUI Task Forces throughout the Commonwealth; and WHEREAS, although the prevalence of DUI related fatalities in the Roanoke Valley is lower than the national average, the problem of impaired driving persists; and WHEREAS, the Roanoke County Police Department has been awarded a grant from the National Highway Traffic Safety Administration through the Virginia Department of Motor Vehicles to create a DUI Task Force; and WHEREAS, this task force will be the first grant funded multi -jurisdictional effort in the Commonwealth of Virginia; and WHEREAS, the grant will provide $843,087.00 federal funds and requires a County match of $210,771.75 which will be provided through in-kind maintenance and supplies; and WHEREAS, the grant funds will be used to cover the salary, benefits, equipment and vehicles for six (6) positions to decrease alcohol fatalities in the Roanoke Valley through efforts of this grant; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and Page 1 of 2 WHEREAS, first reading of this ordinance was held on May 10, 2016, and the second reading was held on May 24, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $1,053,858.75 is hereby accepted and appropriated from the National Highway Traffic Safety Administration to the Police Department; and 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 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: AGENDA ITEM: SUBMITTED BY: May 24, 2016 Resolution adopting the fiscal year 2016-2017 budget, the fiscal year 2016-2017 capital budget, and the fiscal year 2017-2026 Capital Improvement Program for Roanoke County, Virginia Christopher Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Resolution adopting the fiscal year 2016-2017 budget, the fiscal year 2016-2017 capital budget, and 2017-2026 Capital Improvement Program. BACKGROUND: Attached is a resolution approving the fiscal year 2016-2017 budget for Roanoke County, Virginia. This resolution is detailed by fund and subfund and includes all transfers between funds. The Roanoke County Public School's budget is included in the overall County budget as presented in the attached resolution. Prepared in conjunction with the fiscal year 2016-2017 operating budget, the fiscal year 2016-2017 capital budget and fiscal year 2017-2026 Capital Improvement Program are included as part of this resolution. A summary of sources of funds and projects included as part of the capital budget and Capital Improvement Program is attached. Adoption of these documents does not represent an appropriation of funds. The commitment of funds will not occur until the second reading and approval of the fiscal year 2016-2017 Budget Appropriation Ordinance, scheduled for May 24, 2016. In regards to the Capital Improvement Program, only the fiscal year 2016-2017 capital budget will be appropriated as part of the Budget Appropriation Ordinance. Adoption of Page 1 of 2 the ten-year plan does not represent an appropriation of funds for all years of the plan. Years two through ten of the Capital Improvement Plan are presented for informational and planning purposes only. DISCUSSION: The proposed fiscal year 2017-2026 Capital Improvement Program was presented to the Board of Supervisors on January 26, 2016. The proposed fiscal year 2016-2017 budget, which included the proposed fiscal year 2016-2017 capital budget, was submitted to the Board on March 8, 2016. Public hearings on the proposed budget and Capital Improvement Program were held on April 12, 2016 and May 10, 2016. The figures presented for adoption have been developed by staff from budget work sessions with the Board of Supervisors. The adoption of the budget is being requested to fulfill the County's legal requirements of adopting, and then having a first and second reading of the Budget Appropriation Ordinance before July 1, 2016 and to allow adequate time for County and School staff to prepare and disburse employment contracts, institute pay changes, and other administrative tasks necessary for final budget implementation. FISCAL IMPACT: Approval of the resolution adopting the fiscal year 2016-2017 budget, fiscal year 2016- 2017 capital budget, and fiscal year 2017-2026 Capital Improvement program followed by approval of the second reading of the fiscal year 2016-2017 Budget Appropriation Ordinance provides funding for County operations effective July 1, 2016. STAFF RECOMMENDATION: Staff recommends approval of the resolution adopting the fiscal year 2016-2017 budget, fiscal year 2016-2017 capital budget, and fiscal year 2017-2026 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 24, 2016 RESOLUTION ADOPTING THE FISCAL YEAR 2016-2017 BUDGET, THE FISCAL YEAR 2016-2017 CAPITAL BUDGET, AND FISCAL YEAR 2017- 2026 CAPITAL IMPROVEMENT PROGRAM 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 brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearings as required thereon were held on April 12, 2016 and May 10, 2016; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2016-2017 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That there is hereby approved the capital budget for fiscal year 2016-2017 and Capital Improvement Program for fiscal year 2017-2026 for Roanoke County, Virginia, as shown on the attached Schedules. 3. That the preparation and approval of these budgets is for informative and fiscal planning purposes only. Page 1 of 4 County of Roanoke Adopted FY 2016-2017 Budget May 24, 2016 Revenue Amount General Fund General Government General Property Taxes $ 126,336,323 Local Sales Tax 10,252,000 Telecommunications Tax 3,796,000 Business License Tax 6,447,000 Bank Franchise Tax 450,000 Consumer Utility Tax 3,913,000 Motor Vehicle License Tax 2,258,300 Recordation/Conveyance Tax 1,395,600 Meals Tax 4,362,750 Hotel/Motel Tax 1,184,500 Other Local Taxes 634,000 Permits, Fees & Licenses 501,000 Fines and Forfeitures 450,000 I nterest Income 271,600 Charges for Services 4,161,433 Commonwealth 10,972,703 Federal 4,075,000 Other 1,798,006 Total General Government $ 183,259,215 Communications and Information Technology $ 9,414,002 Children's Services 5,985,313 Law Library 11,025 Public Works Projects 183,454 Recreation Fee Class 5,378,920 Grants and Other Funds 1,046,962 Police Special Programs 1,000 Criminal Justice Academy 312,004 Fleet Service Center 3,082,771 Total General Fund $ 208,674,666 Page 2 of 4 County of Roanoke Adopted FY 2016-2017 Budget May 24, 2016 Revenue (continued) Amount Debt Service Fund - County $ 7,108,548 Capital Projects Fund 10,148,428 Internal Service Fund 11,306,018 School General Fund 143,140,483 School Nutrition Fund 6,071,880 School Debt Service Fund 12,242,618 School Grants Fund 6,773,852 School Capital Fund 1,275,670 School Instructional Resources Fund 1,109,752 School Bus Fund 783,219 School Laptop Insurance Reserve 100,000 Total Revenues All Funds $ 408,735,134 Less: Transfers (107,908,913) Total Net of Transfers $ 300,826,221 Page 3 of 4 County of Roanoke Adopted FY 2016-2017 Budget May 24, 2016 Expenditures Amount General Fund General Government General Administration $ 3,207,867 Constitutional Officers 13,498,115 Judicial Administration 804,232 Management Services 3,334,785 Public Safety 27,251,984 Community Services 11,978,121 Human Services 21,663,626 Non -Departmental 11,393,980 Transfers to School Operating Fund 67,362,077 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund 3,092,813 Transfers to Debt Service Fund 14,897,786 Transfer to Public Works Projects 183,454 Transfer to Comprehensive Services 1,853,000 Other 2,260,076 Total General Government $ 183,259,215 Communications and Information Technology $ 9,414,002 Children's Services 5,985,313 Law Library 11,025 Public Works Projects 183,454 Recreation Fee Class 5,378,920 Grants and Other Funds 1,046,962 Criminal Justice Academy 1,000 Police Special Programs 312,004 Fleet Service Center 3,082,771 Total General Fund $ 208,674,666 Debt Service Fund - County $ 7,108,548 Capital Projects Fund 10,148,428 Internal Service Fund 11,306,018 School Operating Fund 143,140,483 School Nutrition Fund 6,071,880 School Debt Fund 12,242,618 School Grants Fund 6,773,852 School Capital Fund 1,275,670 School Textbook Fund 1,109,752 School Bus Fund 783,219 School Laptop Insurance Reserve 100,000 Total Expenditures All Funds 408,735,134 Less: Transfers $ (107,908,913) Total Net of Transfers $ 300,826,221 Page 4 of 4 M O CL Y v E cu O O_ n•--� N LL H 00 0 O N lD O N Il O o m O c -I p oo g, O o6 N 01 p H N O O O O O p O N CP N N Ln CP m q o O y� N oo O ~ N oo o 01 N N y1 O O ONi O O N N N 0 O 01 O O m 0 O O C N oc oc O O O tD 0 LL O O } cy O �--� O m N O O .may N LL N M Ln N Ln V10Ln m Q1 � rn O m v1 W m m N oo N CD W N O N O n p lD O1 N N aL `� 0 0 0 O O O O O O 0 0 0 O } cy cy N ti ti e� +A C' N N 0 M O 0 O ai cy m C' O N N p v% O o LM 4 n O N t ti OO N ti ri N O � 000 O O O 'o O O 0 O e 00 t^p O } rn O W at .-y ry H O o m O N N 001 O O O rj N N Ln N � N p i/% Ln a p M H Z W O O M L}L C:) OD N ^ N N O M N N 0 m 0 O O O� 0 m 0 N O 0 0 0 0 O 0 w O O O O 0 O O l^0 O N N M 0 LM Ln m ^ O p N N O p tD Ln O 00 N Uj `~ u1 O en LLti O 0�0 N n c -i n r1 u1 N O O O O p O N m 0 O O 0 m 0 of Ln Ln O m O 0 0 0 0 O O 0 0 0 0 0 0 h C 'O iy Woo oo 0 oo cN-I cy N H H O O m 3 N O N p O W v/ O p o O oo 000 O O ti cu u N O O O 1l1 em 4 O O 7 ° N O H c `y i V u VN O O c °N0 0 O F,o 0 j N n ri Ln p O O O N m en a h1 7 � C LL T i/I 7 O y Y 01 N M m p W0 O cy p O O O NCT) OO 0 O HryO1 O O O Om N Iv m � p M o o O O O O Ln f0 } LL a m p V} a -I N O M N Qj Y N h1 iA/I• oo ID m o Ln rn 2 ti "� O O O Ln 0 oo O O O NW n m N o� O 0 O O O O O p O en O O M O O O O N ~ oo N N M O I, O O H 0 O o O Ln p N O O O N N 0 0 vi lfj O O Ln O } aL o O O O pp M H c � M N N w 0 0 .--i m 1D 0 O O p O p N W 0 Ln Ln�. 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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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: May 24, 2016 Ordinance to appropriate funds for the fiscal year 2016-2017 budget and approval of the Classification Plan for fiscal year 2016-2017 Christopher Bever Director of Management and Budget Thomas C. Gates County Administrator Conduct second reading of an ordinance to appropriate funds for the fiscal year 2016- 2017 budget and approve the Classification Plan for fiscal year 2016-2017. BACKGROUND: The fiscal year 2016-2017 budget was presented to the Board of Supervisors on March 8, 2016. Public Hearings were held on April 12, 2016 and May 10, 2016, to receive written and oral comment from the public concerning the proposed budget including comments on the fiscal year 2017-2026 Capital Improvement Program. Attached for your approval is the Budget Appropriation Ordinance for fiscal year 2016-2017 and the Classification Plan for fiscal year 2016-2017. DISCUSSION: At first reading of the Budget Appropriation Ordinance on May 10, 2016, the Board of Supervisors approved the following changes to the proposed fiscal year 2016-2017 General Government operating budget presented as part of first reading on the Budget Appropriation Ordinance: Non -contractual outside agency funding was reduced by $45,300 from the fiscal year 2016-2017 proposed operating budget. A list of funding amounts by agency is included as an attachment. Page 1 of 2 Funding for six additional hours at the Mt. Pleasant Branch Library in the amount of $10,000 was added to the Library budget. The contribution to fund balance was increased by $35,300. The Board of Supervisors' changes noted above did not impact the total General Government or all funds budgets as presented at first reading of the Budget Appropriation Ordinance. The total County budget for fiscal year 2016-2017 is $408,735,134, which includes all inter -fund and intra -fund transfers. The General Government Fund budget is $183,259,215 and includes the taxes and fees that support the general operations of Roanoke County government. A list of all changes approved by the Board of Supervisors since the budget was proposed is included as an attachment to this Board Report Form. FISCAL IMPACT: Approval of the fiscal year 2016-2017 Budget Appropriation Ordinance provides funding for County operations effective July 1, 2016. STAFF RECOMMENDATION: The format of the appropriation ordinance conforms to the reporting basis used at year- end in the Comprehensive Annual Financial Report (CAFR). This presentation allows the same level of budget comparison as is required by Generally Accepted Accounting Principles (GAAP) for financial reporting purposes. Staff recommends approval of the second reading of the fiscal year 2016-2017 Budget Appropriation Ordinance. Staff also recommends approval of the attached Classification plan for fiscal year 2016-2017. First reading of the budget was held on May 10, 2016 with second reading and a resolution adopting the budget scheduled for approval on May 24, 2016. 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 24, 2016 ORDINANCE APPROPRIATING FUNDS FOR THE 2016-2017 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, public hearings were held on April 12, 2016 and May 10, 2016, concerning the adoption of the annual budget for Roanoke County for fiscal year 2016-2017; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 24, 2016, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 10, 2016, and the second reading of this ordinance was held on May 24, 2016, 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, 2016, and ending June 30, 2017, for the functions and purposes indicated: Page 1 of 7 County of Roanoke FY 2016-2017 Budget May 24, 2016 Revenues: General Fund: General Government Communications & Information Technology Children's Services Law Library Public Works Projects 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 Service Fund - Risk Management School Funds: General Nutrition Grant Capital Instructional Resources Bus Laptop Debt Total School Fund Total Revenue - All Funds Page 2 of 7 $ 183,259,215 9,414,002 5,985,313 11,025 183,454 5,378,920 1,046,962 1,000 312,004 3,082,771 $ 208,674,666 $ 7,108,548 $ 10,148,428 $ 11,306,018 $ 143,140,483 6,071,880 6,773,852 1,275,670 1,109,752 783,219 100,000 12,242,618 171,497,474 $ 408,735,134 Expenditures: General Government: General Administration Board of Supervisors County Administrator County Auditor Public Information Asst. Co. Administrators Human Resources County Attorney Economic Development Total General Administration Constitutional Officers Treasurer Commonwealth Attorney Commissioner of the Revenue Clerk of the Circuit Court Sheriffs Office Total Constitutional Officers Judicial Administration Circuit Court General District Court Magistrate J & DR Court Court Service Unit Total Judicial Administration Management Services Real Estate Assessments Finance Public Transportation Management and Budget Procurement Services Total Management Services Page 3 of 7 $ 327,920 358,711 112,279 186,601 379,496 770,248 555,150 517.462 $ 3,207,867 $ 824,583 1,129,852 763,772 1,094,589 9,685.319 $ 13,498,115 $ 237,972 95,440 1,590 39,086 430.144 $ 804,232 $ 864,132 1,349,840 420,000 337,333 363,480 $ 3,334,785 Public Safety Police $ 12,052,761 Fire and Rescue 15,199.223 Total Public Safety $ 27,251,984 Community Services General Services $ 5,343,566 Community Development 4,346,390 Building Maintenance 2,288,165 Total Community Services $ 11,978,121 Human Services Grounds Maintenance $ 2,273,678 Parks and Recreation 2,240,247 Public Health 500,358 Social Services 10,430,840 Contributions -Human Service, Cultural, Tourism, Dues 2,033,805 Library 3,748,374 VA Cooperative Extension 87,097 Elections 349,227 Total Human Services $ 21,698,926 Non -Departmental Employee Benefits $ 2,134,710 Transfer to Communications/IT 7,764,270 Miscellaneous 1,495,000 Total Non -Departmental $ 11,393,980 Transfers to Other Funds Transfer to Debt - General & Schools $ 14,897,786 Transfer to (from) Capital 3,092,813 Transfer to Schools 67,839,376 Transfer to Public Works Projects 183,454 Transfer to Internal Services 1,665,195 Transfer to Comprehensive Services 1,853,000 Total Transfers to Other Funds $ 89,531,624 Unappropriated Balance Board Contingency $ 50,000 Addition to Fund Balance $ 544,881 Page 4 of 7 Total General Government $ 183,259,215 Communications & Information Technology $ 9,414,002 Children's Services $ 5,985,313 Law Library $ 11,025 Public Works Projects $ 183,454 Recreation Fee Class $ 5,378,920 Grants and Other Funds $ 1,046,962 Police Special Programs $ 1,000 Criminal Justice Academy $ 312,004 Fleet Service Center $ 3,082,771 Total General Fund $ 208,674,666 Debt Service Fund - County $ 7,108,548 Capital Projects Fund $ 10,148,428 Internal Services Fund - Risk Management $ 11,306,018 School Funds: Operating $ 143,140,483 Nutrition 6,071,880 Debt 6,773,852 Grants 1,275,670 Capital 1,109,752 Instructional Resources 783,219 Bus 100,000 Laptop Insurance Reserve 12,242,618 Total School Funds $ 171,497,474 Total Expenditures - All Funds $ 408,735,134 Page 5 of 7 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, 2016, are re -appropriated to the 2016-2017 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, 2016, and appropriations in the 2016-2017 budget. 5. That all School Fund appropriations remaining at the end of the 2015-2016 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2016-2017 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 2015-2016 fiscal year not lapse but shall be re -appropriated to the County Capital Reserve. Page 6 of 7 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 Fund collected by the Parks, Recreation and Tourism 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 of Supervisors 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 of Supervisors on the Consent Agenda. 11. This ordinance shall take effect July 1, 2016. Page 7 of 7 Board of Supervisors' Changes to County Administrator's FY 2016-2017 Proposed Budget General Government Fund Only Budget Surplus/ 4dj. # Budget Item Revenue Expenditure (Deficit) :.ounty Administrator's Proposed General Government Budget $183,442,915 $183,442,915 $0 3.8.16 Board of Supervisors Approved Budget Adjustments (4.12.16) GG 1 Machinery and Tools Tax Reduction ($2.95 to (42,500) (42,500) $2.90/$100 A.V.) GG 2 Eliminate New Commissioner of Revenue Tax Clerk (39,296) (39,296) (42,500) Position GG 3 Eliminate New Treasurer Tax Clerk Position (39,296) (39,296) (42,500) GG 4 Eliminate New Fire Inspector Position (62,608) (55,216) (49,892) GG 5 Increase RVTV Contribution based on final RVTV 864 (50,756) Budget (4.26.216 Board item approving RVTV Budget) Reduce Transfer to Roanoke County Public Schools GG 6 based on decrease in Machinery and Tools Tax (18,103) (32,653) (Revenue Sharing Formula) GG 7 Reduce Contribution to Fund Balance (maintains over (32,653) 0 11 % contribution to fund balance) Total, Revised Budqet with Adjustments as of 4.12.16 $183,259,215 $183,259,215 $0 Board of Supervisors Approved Budget Adjustments (4.26.16) Reduce General Fund Transfer supporting Capital GG 8 Improvement Program (reduction to VDOT Revenue (325,000) (325,000) Sharing project) GG 9 Add Broadband operating costs (part of outside agency - 325,000 0 contractual/partnership contributions) Total, Revised Budget with Adjustments as of 4.26.16 $183,259,215 $183,259,215 $0 Board of Supervisors Approved Budget Adjustments (5.10.16) GG 11 Reduce non -contractual outside agency funding as detailed in Budget Memorandum #17 (45,300) 45,300 GG 12 Increase Library funding for six additonal hours at the 10,000 35,300 Mt. Pleasant Branch Library GG 13 Increase contribution to fund balance 35,300 0 Total, Revised Budget with Adjustments as of 5.10.16 $183,259,215 $183,259,215 $0 Prepared by the Office of Management and Budget 5/12/2016 Board of Supervisors' Changes to County Administrator's FY 2016-2017 Proposed Budget Board of Supervisors' Changes to All Funds Budget Budget Adj. # Budget Item Expenditure All Funds Proposed Budget $409,261,937 AF 1 All General Government adjustments on previous page (183,700) AF 2 Reduction to Capital Fund (reduction to VDOT revenue (325,000) sharing) AF 3 Reduction in Schools Operating Fund (tax rate reduction) (18,103) Total, Revised All Funds Budget $408,735,134 Prepared by the Office of Management and Budget 5/12/2016 O O O O O O O O O O O O O O O O O O O O O O O O � 't O 69 kn O O 69 6R kn 69 O O O O O v) In O O vl O In rn �. kn 1n O N O `O O 00 N N N •S�. y "� '~ y O N b i bS b4 b4 M 6f3 bS 64 64 M Ef3 bS Cf} 69 Qn O � N � O O i. 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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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: All open appointments. BACKGROUND: May 24, 2016 Appointments to Committees, Commissions and Boards Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator 1. Board of Zoning Appeals (appointed by District) The Windsor Hills Magisterial District representative has passed away. Mr. Karr's five (5) -year term expires June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At - Large) The Budget and Fiscal Affairs Committee shall be comprised of eleven (11) members with each Board Supervisor having an appointment, five members appointed jointly by the Board of Supervisors, and one ex officio appointment representing County Administration. Mr. Gates is currently working with the Board on recommendations to this committee. 3. Clean Valley Council (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 4. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. Page 2 of 2 K AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the certain section of the agenda of the Board of Supervisors for May 24, 2016 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 6 inclusive, as follows.. 1. Approval of minutes — April 12, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sandra L. Bowen, Senior Family Services Specialist, upon her retirement after more than twenty-eight years of service 3. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for fiscal year 2015 Emergency Management Performance Grant 4. Request to accept and allocate grant funds in the amount of $5,000 from the Office of the Attorney General for the Virginia Rules Camp Grant Program 5. Request to accept and allocate funds in the amount of $4,809 to the Clerk of the Circuit Court from the Commonwealth of Virginia 6. Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors Page 1 of 1 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: May 24, 2016 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sandra L. Bowen, Senior Family Services Specialist, upon her retirement after more than twenty-eight years of service Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of Sandra L. Bowen's retirement. BACKGROUND: Sandra L. Bowen, Senior Family Services Specialist, retired on May 1, 2016, after twenty-eight years and seven months of service to the Department of Social Services. Ms. Bowen is unable to attend the meeting and her resolution and quilt will be mailed to her home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SANDRA L. BOWEN, SENIOR FAMILY SERVICES SPECIALIST, UPON HER RETIREMENT AFTER MORE THAN TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Sandra L. Bowen was employed by Roanoke County on October 15, 1987; and WHEREAS, Ms. Bowen retired on May 1, 2016, after twenty-eight years and seven months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Bowen served as a Social Worker and a Senior Family Services Specialist, during her tenure with Roanoke County and has served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, during Ms. Bowen's time serving the citizens of Roanoke County, she provided services to foster care children, child care services, and adult services/adult protective services. Ms. Bowen was very passionate and diligent about her work with the citizens she encountered in these roles. Ms. Bowen assisted the individuals she worked with to enhance their self sufficiency and improve their quality of life. Ms. Bowen provided services to protect older adults and incapacitated adults from abuse, neglect, and exploitation. She provided services to prevent abuse, neglect and exploitation of older adults and incapacitated adults. Ms. Bowen also provided education to mandated reporters and other community groups about Adult Protective Services and Adult Services. WHEREAS, 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 SANDRA L. BOWEN for more than twenty-eight years of capable, Page 1 of 2 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 2 of 2 ACTION NO. ITEM NO. K.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: May 24, 2016 Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of an Emergency Management Performance Grant in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM). BACKGROUND: The technology and equipment in the Emergency Operations Center (EOC) is approaching ten years of age and is outdated or in declining condition. Reliable and up- to-date technology is critical to the success of emergency response and coordination during an EOC activation. This grant will provide funding to update technology utilized in County emergencies. DISCUSSION: The grant will provide funding for Fire and Rescue to update television monitors in the EOC and improve software and hardware used by the EOC, public safety facilities, and other County facilities for the purpose of conference calling, coordination during emergencies, and training during non -emergency situations. FISCAL IMPACT: Awarded grant funds total $42,564 which includes a required local match of 50% or Page 1 of 2 $21,282. Terms and conditions of the grant permit Roanoke County to use a portion of the existing Emergency Manager's salary to meet the match requirement of the grant. Acceptance of this grant will not require a County contribution of cash. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $42,564 from VDEM. Page 2 of 2 ACTION NO. ITEM NO. K.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: May 24, 2016 Request to accept and allocate grant funds in the amount of $5,000 from the Office of the Attorney General for the Virginia Rules Camp Grant Program Howard Hall Chief of Police Thomas C. Gates County Administrator Acceptance and appropriation of $5,000 from the Office of the Attorney General for the Virginia Rules Camp Grant. BACKGROUND: Virginia Rules Camp, a signature project of the Office of Attorney General, is Virginia's law education program designed to help middle and high school students make good decisions, avoid breaking laws, and become responsible, active citizens within their schools and communities. DISCUSSION: The Roanoke County Police Department has been awarded a grant from the Office of Attorney General to create a Virginia Rules Camp. The camp is a series of summer day camps that will provide opportunities for young people to build positive relationships with law enforcement officers within their community, have outdoor camp -style experiences, and learn about Virginia law. The grant will cover costs for transportation, materials and scholarships. Page 1 of 2 FISCAL IMPACT: The grant from the Office of the Attorney General will provide one hundred percent (100%) funding. No County funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating grants fund in the amount of $5,000 from the Office of Attorney General for the Virginia Rules Camp Grant Program to the Police Department. Page 2 of 2 GRANT PROCESSING REQUEST FORM Department of Finance DATE: 04192112016 DEPARTMENT: Police GRANT PROGRAM: Virginia Rules Camp Grant GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Office of the Attorney General Shannon Freeman 804 225.3064 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Virginia Rules Camp Program FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST $5000.00 $ 5000.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN NIA ACCOUNT TO WHICH THE MATCH WILL BE CODED: NIA INDIRECT COSTS? YIN N AMOUNT NIA REIMBURSEMENT GRANT? YIN Y FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: XX Department Finance XXX Department Finance PROJECT DIRECTOR: James Chapman PHONE: FAX: jchapman@roanokecountyva.gov 540 777.8601 540 777.9766 DEPT, DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: - 04194/2096 Chief Howard B. Hall F REVIEWED & APPROVED BY FINANCE: SI ATURE: DATE: q!/l j REVIEWED & APPROVED BY COUNTY SIGN E: DATE: ADMINISTRATION; �Y,r ` 1 '`o Ci �C.Lr C' i.t!'1� A-Aml it '� 1 !` Virginia Rules Camp Grant Program Sponsored by the Office of Attorney General Mark Herring PROJECT APPLICATION AGENCY APPLICANT (must be a law enforcement agency): Roanoke County Police Dept. ADDITIONAL, PARTNER ORGANIZATIONS (if applicable): PROJECT TITLE: Virginia Rules Camp Grant AMOUNT OF FUNDING REQUESTED: $5,000.00 ADDITIONAL FUNDING SOURCES AND AMOUNTS: CAMP LOCATION: Camp Roanoke CAMP DATE: July 11, 2016 to July 15, 2016 PROJECT DESCRIPTION • Document the need for funding. • Provide an overview of the catnp plan for the week, including tentative agenda (can be attached if necessary). • iletau any oreanizationsiagencies tnat wit couanorate to ensure the success of the project. Roanoke County Police Department created an annual camp for middle school aged children in 1995. The camp is called C.O.P.S. (Challenging Opportunities for Police and Students) Camp. The Police Department partnered with the Roanoke County Parks and Recreation Department to provide the children an opportunity to learn about and enjoy the outdoors. The students and School Resource Officers work together in a variety of confidence building exercises to develop stronger social skills, enhance teamwork, strengthen leadership traits, while doing so within a robust, ethically sound environment. Recently, the Department has not been able to fund the camp due to the budget restrictions in Roanoke County. Therefore, the Department reaches out to the local businesses for donations to help run the camp, which costs around $17000. There is a $175 fee that the Department charges each participant to attend the camp. However, the camp costs $245 per child. The Department covers the cost difference to keep the participants cost down and reasonable for them to attend. The Department also gives scholarships for the fee based on need of the individual. Page 1 of 3 TARGET POPULATION • Age and number of camp participants • How 'I m participants ne recrunen 1 sciectea. Ages 11-15. 60-75 participants. The Department provides scholarships to campers who do not have the financial means to attend the camp. The applications is reviewed by the School Resource Officer. The applications are based on citizenship, character, trustworthiness and must be in good standing within their school in order to attend the camp. VIRGINIA RULES MODULES • Which Virginia Rules lessons do you plan on incorporating into the camp (at least three lessons must be included during the course of the week)? The three Virginia Rules lessons that we plan on incorporating into the camp are; 1. Drugs 2. Bullying 3. Teens and Crime Prevention The School Resource Officers has noticed an increase in drug use and bullying in the schools. This is a great opportunity for the Department to educate children in a less formal environment about their role in preventing bullying, crime and the dangers of illicit drugs. Please see attached schedule for the upcoming camp. EVALUATION AND FOLLOW-UP • How will you evaluate the program's success during or after camp? • What, if any, follow-up or ongoing contact will you have with participants? The School Resource Officers will obtain feedback from the participants at the end of each day. The School Resource Officer will also be working with the participants in groups throughout each day in order to obtain verbal feedback. Each participant will receive an evaluation after the Camp. The evaluation will help in determining how successful the camp was and what changes the camp may need to make for next year. Each member of the camp staff will submit an evaluation of the camp. All of these evaluations will be used to determine what necessary changes should be implemented for next year's camp. These evaluations will be reviewed by Sergeant Pascoe (Roanoke County Police Department), Officer Johnny Runyon (Coo -Coordinator of the Camp) and Greg Martin (Outdoor Services Manager- Roanoke County Parks, Recreation and Tourism). Page 2 of 3 FUTURE GOALS • Describe how the project may be sustained in future years if grant funding is not available. This year, the plan is to include the VA Rules Camp into the Department's COPS Camp for this year only due to us already advertising for the camp in July. Beginning next year and beyond, the plan is to hold two camps, one being the Roanoke County C.O.P.S. Camp (which is overnight at Camp Roanoke) and the VA Rules Camp at the Explore Park. FOR PREVIOUS VIRGINIA RULES CAMP GRANT RECIPIENTS ONLY • Based on lessons learned from last vear's camp, what chanl!eshm prove ments ww ,you incorporate tms year., BUDGET DETAIL breakdown for the requested funding and its Please see itemized Budget on attached sheet. Page 3 of 3 Project Director ProjectOfficer Howard Hall Mia Nguyen Name: Kevin Slough Title: Commander Chief of Police Budget Specialist Address: 5925 Cove Road Roanoke, Va 24019 5925 Cove Road Roanoke, Va 24019 5925 Cove Road Roanoke, Va 24019 Phone: (540) 777-8645 (540) 777-8601 540 777-8614 Fax: 540 777-8766 540 777-8766 (540)777-8766 E-mail: kslough(aroanolcecountyva. ov 1 hhall*roanokecountyva.gov I mn uyen roanokecountyva.gov Signature of Project Administrator (signature indicates understanding that this grant operates on a cost reimbursable basis): imm - Page 3 of 3 by O O bA E" a'"i a� � � � bA • � � � 0 Q C7 Cl L U U by Q o 0 0 OM O �y 1 Q% Lei)QO :D L i � 00 Cnf-l. O d w O M O �o ob U a� a, U V) U � o bA 4- C� � 3 U � 0 A cdLn Irl0 o tr, �? o •- I �Fw a kn Cd O In Ci y C 1 i 00 Vl M M Ci O U � 1 i L n 7f' M O N O �1 0o oo �D 61 w -w r••i by O O bA E" a'"i a� � � � bA • � � � 0 Q C7 Cl L U U by Q o 0 0 OM O �y 1 Q% Lei)QO :D L i � 00 Cnf-l. O d w O M O �o ob U a� a, U V) U +� o bA � U � 3 U � 0 A cdLn Irl0 o tr, �? o •- I �Fw a kn In in In Ci y C 1 i 00 O" W by O O bA E" a'"i a� � � � bA • � � � 0 Q C7 Cl L U U by Q o 0 0 OM O �y 1 Q% Lei)QO :D L i � 00 Cnf-l. O d w O M O �o ob U a� a, U V) bA bA � U p U U cdLn U tnd �? o •- I ``' I o V'1 to In Ci y by O O bA E" a'"i a� � � � bA • � � � 0 Q C7 Cl L U U by Q o 0 0 OM O �y 1 Q% Lei)QO :D L i � 00 Cnf-l. O d w O M O �o ob U a� a, U V) CS cv-,�d o in. Q a o O ^CI d by Q o o o a o 0 d o _n o O O 00 00 kn "D 00 Z 00 N r V) U 't3 O O bA O > U cd 0 by to 0 o LnLn O O M d M O M O M D O w, Lnv� �c �o 0? o; ss a` 3 Ln Od O 42 L`e 'n O Od O O O Op CY 17 O - � � MM .�.birp S= O 00 0 01 U � U •� �+ � M kn 6� 6� F -i � •-, N bA by -G EnN E = bA ,� a ° �? =15 o > > 0 � O N O N- O r -a O O O O M O O - +:� •--� 4 O Ln O _ 00 sM O s~ •a c I o a; a� x I � �? Ln a tn N") O d O U v7 = '+; P. - r'? = pOyu /-e [� 00 CS1 C! 6� W •� r N V� vl \O U �D O 00 U 01 (/) O PROPOSED INVOICE Invoice Date: 4/14/2016 Terms: Payment Due 08/15/2016 Program: Roanoke County's VA Rules C.O.P.S. Camp Bill To: Kevin Slough 5925 Cove Road Roanoke, VA 24019 (540)777-8645 Description Date Quantity Price per participant Totals Staffing 7111-15116 24 camp staff varied $6,450.00 Food 7111-16116 15 meals x campers/staff/COPS varied $6,350.00 Lodging 7/11-16/16 60 campers x 4 $13.501 per $3,240.00 nights camper Utility 7/11-16116 60 campers x 5 days $3.001 per $900.00 Consumption Fee camper Swimming 7112,14/16 60 campers x 2 $3.001 per $360.00 nights camper Amount Due: $17,300.00 Please remit to: Camp Roanoke 6498 Dry Hollow Rd Salem, VA 24153 Phone: (540) 387-6114 Fax: (540) 387-6146 Comments THANK YOU FOR CHOOSING CAMP ROANOKE! ACTION NO. ITEM NO. K.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: May 24, 2016 Request to accept and allocate funds in the amount of $4,809 to the Clerk of the Circuit Court from the Commonwealth of Virginia SUBMITTED BY: Jill Camilletti APPROVED BY: Thomas C. Gates County Administrator ISSUE: Request to accept and allocate funds in the amount of $4,809 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2015/2016. BACKGROUND: Technology Trust Funds are fees collected by Roanoke County Circuit Court Clerk's Office. DISCUSSION: Funds in the amount of $4,809 were received from the Commonwealth of Virginia and are earmarked for the purpose of maintenance needs for the Clerk of Circuit Court. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. Ordinance #052615-3 appropriated various grants donations, and other miscellaneous revenues for various functions and purposes that are routine and usual in nature for the 2015-2016 fiscal year. Funds in the amount of $4,809 are to be accepted and allocated to account 102817-5850. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends allocating $4,809 to the Clerk of Circuit Court for the fiscal year 2015/2016. Page 2 of 2 ACTION NO. ITEM NO. K.6 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: ISSUE: May 24, 2016 Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau (RVCVB) Board of Directors Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Appointment to the Roanoke Valley Convention and Visitors Bureau (RVCVB) Board of Directors. BACKGROUND: The current appointment of Richard Caywood to the RVCVB Board of Directors is a three-year appointment that will expire on June 30, 2018, although the Board may designate a different individual as Roanoke County's representative to the Board at any time. DISCUSSION: Staff has requested that Mr. Gates replace Mr. Caywood on this Board. It is the consensus of the Board of Supervisors to confirm this appointment. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment Page 1 of 1 Y O C m O O 414 C 7 O V U C y O pp N C LR O N V L M m O m U � V1 U LL C m m m N14 N a 00 co lG O ` p a N m00 m N to ,m CL V l0 N l0 Lf1 v l0 N co O co In O In O O O bJD c > o a a O y C m N M O v N N S d d � ro m lNo C c *� m m m a u00i V O O O O v O O O O O' Ln Lr r a N by R O O 00 O O V v). v). m c 01 N O C N N N O o > ri ci d M in m m Ln co a �+ N c M !V Ol 0 In Q O ^ O M O G. N N N N CLm C 4A 4A Lr c Ln Lr O N O N O O N Q Y � m v > c v > a z z a N S ? 0 Ln Ln O Y O NN C N 0 c0 �n N — m- � a L Y V O CLO hp O V O O O C Y Q O 0 > O j In V O N > N O O' N Ln m NO 0O u .--i 1 O N -' N N t r, u L ? a ? d E Q O � i 0 N O c -I N N i Oip N N w O 3 O Qt N Y O .� m {a C Y = _ Q N C C M 0 •� Q Q U C O .� 0 Y O 0 ++ f6 V j u -O j O 0 O -p C OL O t0 O Q C -O t0 c6 C Mm CA Q m Q m O m m m m co Q 1q.m COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator Outstanding Outstanding June 30, 2015 Additions Deletions May 24, 2016 General Obligation Bonds $ 5,332,236 $ - $ - $ 5,332,236 VPSA School Bonds 104,311,123 7,761,248 96,549,875 State Literary Loans 1,825,775 - 1,825,775 - Lease Revenue Bonds 76,949,408 - 955,424 75,993,984 Capital Lease obligation 741,516 - 741,516 - $ 189,160,058 $ - $ 11,283,963 - $ 177,876,095 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. 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ITEM NO. M-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: May 24, 2016 Accounts Paid- April 2016 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 04/08/16 Payroll 04/22/16 Manual Checks Grand Total Direct Deposit 1,295,015.29 1,183,473.37 Checks 53,122.00 53,197.47 1,601.49 Total $ 9,586,707.20 1,348,137.29 1,236,670.84 1,601.49 $ 12,173,116.82 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NUMBER M-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: May 24, 2016 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30 -Apr -16 SUMMARY OF INFORMATION: CASHINVESTMENT: SUNTRUST CON 2,150,649.65 2,150,649.65 CrZsPA=1N �il�►�� SCOTT STRINGFELLOW CONTRA 4,295.00 SCOTT STRINGFELLOW 55,009,019.36 WELLS FARGO 15,000,000.00 WELLS FARGO CONTRA 700.00 70,014,014.36 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 4,197,147.78 4,197,147.78 MONEY MARKET: BRANCH BANKING & TRUST 1,083,345.92 SCOTT STRINGFELLOW - JAIL 1,104,755.18 SCOTT STRINGFELLOW 302,714.72 UNION FIRST 3,078,558.92 VALLEY BANK/BNC 2,516,139.88 WELLS FARGO 1,141,406.70 9,226,921.32 TOTAL 85,588,733.11 05/24/2016 M -7-A C�Oun#g Of ?9vaujakle �r ter F Z 1838 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JUDY H. CABANISS, DEPUTY CLERK FOR THE GENERAL DISTRICT COURT FOR THE COUNTY OF ROANOKE UPON HER RETIREMENT AFTER MORE THAN FORTY-SIX YEARS OF DEDICATED SERVICE TO THE COURTS IN THE 23RD JUDICIAL DISTRICT WHEREAS, Judy H. Cabaniss began her employment with the General District Court in the 23rd Judicial District as a Deputy Clerk on July 16, 1970 and; WHEREAS, Judy H. Cabaniss left the District Court Clerk's office in July, 1994 to serve as Secretary to the Honorable Richard A. Pattisal during his tenure as a Circuit Court Judge presiding in the 23rd Judicial District and; WHEREAS, Judy H. Cabaniss returned to work as a Deputy Clerk for the General District Court for the County of Roanoke on March 3, 1998 after the retirement of the Honorable Richard A Pattisal and; WHEREAS Judy H. Cabaniss served the citizens of the County of Roanoke with dedication and respect and; WHEREAS, Judy H. Cabaniss retired on June 1, 2016, after more than forty- six (46) years of devoted and faithful service to the County of Roanoke and the 23rd Judicial District. NOW, THEREFORE, I, P. Jason Peters, Chairman, on behalf of the Board of Supervisors of Roanoke County, Virginia express its deepest appreciation and that of the citizens of Roanoke County to JUDY H. CABANISS for more than forty-six (46) years of capable, loyal and dedicate service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Presented this 24th day of May 2016 P. Jason ters, Chairman 7iZ7 Thomas C. Gates, Co my Administrator M -7-B (1�uixxc#g of Ytoanoke �C ta4O`` EtOANp�F Z M 1838 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THERESA A. CHILDRESS, CLERK OF THE GENERAL DISTRICT COURT FOR THE COUNTY OF ROANOKE UPON HER RETIREMENT AFTER MORE THAN FORTY-SIX YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Theresa A. Childress began her employment with the Municipal and County Court for the County of Roanoke as a Deputy Clerk on April 1, 1970 and; WHEREAS, Theresa A. Childress served as a Deputy Clerk for the General District Court for the County of Roanoke beginning July 1,1973 after the repeal of legislation creating Municipal and County Courts and; WHEREAS, Theresa A. Childress served as Clerk of the General District Court for the County of Roanoke from April 2,1986 until her retirement on June 1, 2016 and; WHEREAS, Theresa A. Childress worked tirelessly to improve the efficiency of the operation of her office and to provide outstanding customer service to all users of the General District Court for the County of Roanoke and; WHEREAS, Theresa A. Childress served the citizens of the County of Roanoke with professionalism, distinction, dedication and respect and; WHEREAS, Theresa A. Childress retired on June 1, 2016, after more than forty- six (46) years of devoted and faithful service to the County of Roanoke. NOW, THEREFORE, I, P. Jason Peters, Chairman, on behalf of the Board of Supervisors of Roanoke County, Virginia express its deepest appreciation and that of the citizens of Roanoke County to THERESA A. CHILDRESS for more than forty-six (46) years of capable, loyal and dedicate service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Presented this 24th day of May 2016 Dori P. Jason eters, Chairman Thomas C. Gates, County Administrator ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: May 24, 2016 The petition of Star City Church of Christ to obtain a Special Use Permit in a C-2, High Intensity Commercial, District for the operation of religious assembly on approximately 1.21 acres, located at 5933 Williamson Road, Hollins Magisterial District Philip Thompson Deputy Director of Community Development Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on an application to obtain a special use permit for religious assembly. BACKGROUND: Star City Church of Christ has operated in the basement of Frank's Pizza for the past two years. During a routine fire inspection last year, the Fire Marshall notified Community Development staff of the religious assembly use. In order to comply with the Zoning Ordinance, a special use permit is required for a religious assembly in the C- 2 district. DISCUSSION: The Planning Commission held a public hearing on this request on May 3, 2016. The applicant, James Martin, and the property owners clarified several issues for the Planning Commission which included: the church currently utilizes less than 1,250 square feet of the building; they have not received any complaints from surrounding property owners; they intend to comply with all necessary building and fire code requirements; a fire hydrant is located within 250 feet of the building; and that when they reach the capacity (49 people) for their current space, they will look for another location Page 1 of 2 to operate. There were no citizens to speak on this request. The Planning Commission recommends approval of this special use permit petition with a condition that limits the religious assembly use to a maximum of 1,250 square feet. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to allow a special use permit for religious assembly. Page 2 of 2 Petitioner: Request: Location: Magisterial District: Suggested Conditions: EXECUTIVE SUMMARY: STAFF REPORT Star City Church of Christ To obtain a Special Use Permit for Religious Assembly in a C-2, High Intensity Commercial District, on approximately 1.21 acres 5933 Williamson Road Hollins 1. The Religious Assembly use shall be limited to one thousand two hundred fifty (1,250) square feet. Star City Church of Christ proposes operating a place of Religious Assembly at 5933 Williamson Road, on property currently zoned C-2, High Intensity Commercial. The Church has operated in the basement of Frank's Pizza, an existing general restaurant use, for the past two years. Staff has received no zoning complaints indicating adverse effects to the surrounding community regarding the Church's activities. The proposed use does meet requirements of the Roanoke County Zoning Ordinance. While the 2005 Roanoke County Comprehensive Plan indicates the future land use designation for this land parcel is Core, and unsuitable for tax-exempt entities, the proposed use is renting space in a commercial building. APPLICABLE REGULATIONS Section 30-29-3 of the Roanoke County Zoning Ordinance defines a " Religious Assembly " as: "A use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities." A Religious Assembly use is only allowed with a Special Use Permit in the C-2 zoning district. Section 30- 83-9 provides use and design standards for Religious Assemblies, as follows: 1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of Religious Assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. 3. Expansions of existing uses are permitted by right. 2. ANALYSIS OF EXISTING CONDITIONS Background — The property owners, Luigi Greco and Rhonda Thomas, have operated Frank's Pizza since 2012. The Church has operated in the basement of the existing structure since 2013. Staff became aware of the Religious Assembly use in May of 2015, only after Fire Marshall Brian Simmons' staff conducted a routine, yearly fire inspection. Since that point, the Department of Community Development, Fire Marshall, and Department of Building Safety have attempted to work with the applicant to meet all requirements. In order to comply with zoning standards, and operate a Religious Assembly on the land parcel, the applicant will need to obtain a Special Use Permit. Topography/Vegetation — There is a sparse distribution of trees and bushes separating the East and South sides of the building from both Florist Road and the adjacent residentially zoned parcel. There are no natural watercourses on the property. Surrounding Neighborhood — The surrounding land parcels are zoned C-2, High Intensity Commercial and R- 2, Medium Intensity Residential. To the East of the Church, and across Florist Road, the adjacent property owner operates a golf course. To the South, the residential land parcel is undeveloped and the commercial parcels are utilized by Personal Services and General Office uses, as well as the Western Virginia Water Authority. To the West, and across Williamson Road, a Retail, Consumer Repair, and Antique Shop use operates on the land parcels nearest the Church. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — The applicant proposes no permanent changes to either the site or building. Available parking would conform to zoning requirements related to shared parking. Existing vegetation can be credited in buffering the area between the proposed use and the adjacent, undeveloped residential land parcel. The Church has operated in the basement of the existing structure, comprised of approximately one thousand two hundred fifty (1,250) square feet. The existing building is approximately twenty-six hundred fifty (2,650) square feet. The land parcel has twenty-nine (29) parking places on the site. The applicant reports that, on average, fifteen members attend each church function. The Church holds a bible study class, as well as a morning and evening service on Sunday. The Church also holds an evening bible study class on Wednesdays. The religious assembly use would conform to both the Zoning Ordinance and applicable Use and Design Standards. Access/Traffic Circulation — The parcel is directly accessed from both Florist and Williamson Roads. The business and Church would utilize shared parking in a manner consistent with the Zoning Ordinance. The Roanoke County Police Department had no objection to the applicant's petition. The Virginia Department of Transportation did not comment on Mr. Martin's proposal. Fire & Rescue/Utilities — According to Roanoke County Fire Marshall Brian Simmons, the building must undergo a change of use to a place of assembly. The building will need to meet fire flow, fire lane and access requirements during the change of use process (See attached letter). Economic Development — The Department had no objection to the applicant's proposal. Building Safety — Building Commissioner Morgan Yates stated the building owners would have to undergo a change of use process to conform to the 2012 Virginia Construction Code. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designated the Future Land Use of the property as Core, where high intensity urban development is encouraged. Land uses within Core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally -based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. 5. STAFF CONCLUSIONS Staff anticipates that the proposed religious assembly use will have a minimal impact on the surrounding neighborhood. Additionally, the Church has operated for some time with no known complaints regarding adverse community impact. While the religious assembly is tax-exempt, as related to the Core designation of the 2005 Roanoke County Comprehensive Plan, a business operates within the same building as the Church. Approval of the Special Use Permit would not exempt the petitioner or property owner from any requirements of the Virginia Building or Fire Prevention Codes. To maintain the commercial viability of this land parcel, staff suggests Planning Commission recommend the Religious Assembly use be limited to one thousand two hundred fifty (1,250) square feet, the first floor of the structure and space in which the Church currently operates. CASE NUMBER: 1-312016 PREPARED BY: Brian W. Hughes HEARING DATES: PC: 5/3/2016 BOS: 5/25/2016 ATTACHMENTS: Application Aerial Map Land Use Map Zoning Map C-2 District Standards Religious Assembly Use and Design Standards County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date deceived: Rppeceivejdyhy: ` �t�i\ fee: I PC/BZA date: Placards issued: BOS date: Case Number 1 - 3 / Q ✓� ti Check type of application filed (check all that apply) 0 RezoningXSpecial Use 11 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/ ddress w/zip Phone: D'I U-,) J /- 5 7./5 5j, , 6 4-,, �� vr�"1 n �� 5 Work: (�r1 JAZ Cell F o�tit� 114-a40� Fax No.: Owner's name/address w zip Phone #: Work: �J►'i l '" ` Fax No, #; Property Location , 1 t AOA 5cr1 ` !nn ' Magisterial District: 7aEky�N.� V-C1M t- VA-dgD Community Planning area: Tax Map No.: 0,60, (76' y -ot �0a -0000 Existing Zoning: C 7— Size Size of parcel(s): Acres: 1"2-) Existing Land Use: G0 6E Proposed Zoning: C 2- P top os e d Land Us e: 01 r, ProposedLandUse:l1±rlrois �;Scn,r3i,Y Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED TF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SiW/CP V/AA R/S/W/CP V/Ari RJS/W/CP Y/AA Consultation 8,112" x 11" concept pian Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property 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 Rowledge and consent f the owner. Owner's Signature 2 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. d2r V eS ��e �, . u w J ; •t c� , 4JJ e E- (? l� 4—kLas n ,e (` A- j `lam Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. -h ) -� We C ( C. C_' L r (� Ire 5A—Lr.LUt.I exe rr,�a+ L'7-rl3o-o Zc u, l 1 Uc� i Mst r�^�e.� 5 jYC' c�v� rr 1 t 'V �'��- "� � S t.Vf OLLn'4i� Y'es� pion+-< ) (_v-r�venle`_r� G'.v�c� 4L 'c 0-"- Lr) I� 01r Q Care L'. "� c1S 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, parkshecreation and fire and rescue. i,.3 A k � r-� C' i m 2 G�- �-c� wCL.s i,LS-� 0,/)k IA_;-(,� p {}X -t S -Ti�' e� p C� t �,C �\n G� t 0-1 S � 4-�' � �ti.� 6J rye ai r i �G� .�a ��� wJ l%L;r1 Vile nexoej i n W C' kr, v Vim. -o S Lr lc�i c� o caw F ( -VW x vera VQ ,--A [t_Js"��(71fA.,iYi� j'"Y�,'ri �.G-ltiC�� 1�7r'C:+ {fit �L�r'Y(�L�-✓tiC,,�;'ty � �Ol,�.� rv'iPY��� S y A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered_ Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANT'S 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 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 REZON VG and SPECI.rlL USE PE7Z WT APPLICr1NTS 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 ail items required in the checklist above are complete. Signature of applicant Date no Community Development Planning & Zoning Division 838 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC NIPACT 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 its order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to rerluest a traffic 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 • Educational/Recreationa[ 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., Rte 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 inan area where there is a [mown 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 (104) 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 date: April 19, 2W6 7 R Ary 1 F Community Development r Planning & Zoning Division Y838 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PER1tiIIT PETITION PLANNNG CONNISSION 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 LmPACT STUDY The Roanoke"eounty Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the Countv Traffic Engineer or staff frnm 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: April 19, 2008 Aires D,�� FP -I 6 ky, Mame of Petition Peti s 4s Signature /LZA/ 6 - Date 7ra� EA t" 41 Alp, I', QSk m x W 4 J I 71 r I - — 71� 1� a —1. . .. of J _ I -i f. 14 r- N • g t r 3 N Z E O a U N 0 �N t _�0/ O Q O �`o LL U to O 7 z O U p r v N O (n O L 00 O r r Lu N m 2 U O N U d O .. o f .� (n U U oo a s E c' N n o N.. _ N m 'E N m - - o M z O M it N -0 -0 Z N m a co) ug �CL CL m s O- rn O O X N ml n_eaa5 Q W d d H Q � U) N Of N V ry N N U N U N U N N N N U N N U N CO Z E 0 a' Ci N 00 _ Z/ - r` Q oo N 3 0 v o d0 U � O .. E - - co _ y w O O U o NC \ EC N -0 N N _ o `o `o . o N — M z o N m �o����� io0 _ Z (6 a d M N o o 0 N N fl- N n n U p p .. tll 0 C 11 C) co •� N U m s CCLCL CL L N O O X N m / neaa5 Q W d d H Q ` 9 Star City Church of Christ James Martin 3016 Bandy Road Roanoke, VA 24014 FIRE AND RESCUE DEPARTMENT April 20, 2016 Luigi Greco and Rhonda Thomas P.O. Box 8103 Roanoke, VA 24014 RE: Star City Church of Christ Change of Use Mr. Martin, Mr. Greco, and Ms. Thomas: The Roanoke County Fire Marshal's Office and Office of Building Safety have been informed that you are in the process of obtaining a special use permit to operate a place of religious worship. The church is located in the same building as Frank's Restaurant in a space below. The current use group of the building is classified as an A-2 Restaurant and the use of a place of religious worship is an A-3. In accordance to section 301.3 of the 2012 edition of the Statewide Fire Prevention Code, an occupancy shall be continued as originally permitted under the codes that were in effect at the time of construction. Section 301.3 further states that the occupancy of a structure shall not change to another occupancy that will subject the structure to any special provisions of the SFPC or the Uniform Statewide Building Code (USBC). As such, you will need to contact the Office of Building Safety at 772-2065 for the change of use process. One part of the change of use process is meeting all the requirements for fire flow, access, and fire lane requirements. For example, for an A-3 use, a fire hydrant would 5925 COVE ROAD, NW s ROANOKE, VA 24019 a (540) 777-8701 ® FAX: (540) 777-9773 need to be located within 350 feet of the most remote portion of the building and be capable of supplying 2,000 gallons per minute. You would also have to satisfy any requirements of the USBC in regards to construction features, life safety systems, etc. The Fire Marshal's Office and Office of Building Safety does not object for the church to continue to occupy the space until the special use permit process and change of use process is complete. However, once the special use permit process is completed, you will have 30 days to submit application with the Office of Building Safety for the change of use process. Until the change of use is approved, the space shall be limited to 49 occupants or less depending upon the square footage and fire extinguishers with a minimum size of 2-A:10-B:C shall be mounted in the space and readily accessible. Please feel free to contact Building Commissioner Morgan Yates at (540) 772-2065 or me at (540) 777-8721 if you should have any additional questions. Sincerely, Brian W. Simmons i�� c� C• Morgan Yates Fire Marshal Building Commissioner 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 * 2 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 3 C-2 District Regulations 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. 1. 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 S 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. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). 5 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. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 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. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 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-1 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. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. C: C-2 District Regulations (Ord. No. 62293-12, § 10, 6-22-93) Use & Design Standards — Civic Uses Sec. 30-83-9. Religious Assembly. (A) General standards: Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY IN A C-2, HIGH INTENSITY COMMERCIAL DISTRICT, ON APPROXIMATELY 1.21 ACRES, AT A PARCEL LOCATED AT 5933 WILLIAMSON ROAD, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF STAR CITY CHURCH OF CHRIST WHEREAS, Star City Church of Christ has filed a petition for a special use permit for religious assembly at 5933 Williamson Road (Tax Parcel No. 038.06-09-01.00- 0000), in a C-2, High Intensity Commercial District, on approximately 1.21 acres, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 3, 2016; and WHEREAS, the Planning Commission recommends approval of the petition with the condition that the religious assembly use shall be limited to a maximum of one - thousand two -hundred and fifty (1,250) square feet; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 26, 2016; the second reading and public hearing on this matter was held on May 24, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Star City Church of Christ for religious assembly use at 5933 Williamson Road (Tax Parcel No. 038.06-09-01.00-0000), in a C-2, High Intensity Commercial District, on approximately 1.21 acres, in the Hollins Magisterial District, is substantially in accord with the adopted Page 1 of 2 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: (a) The religious assembly use shall be limited to a maximum of one - thousand two -hundred and fifty (1,250) square feet. 2. That this ordinance shall be in full force and effect immediately 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 ACTION NO. ITEM NO. N.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: ISSUE: May 24, 2016 The petition of Julie Abernethy, Friendship Apartment Village Corporation, to obtain a Special Use Permit in a C-2CS, High Intensity Commercial, District with conditions and special use permit for outdoor gatherings on approximately 10.51 acres, located at 450 Springbeauty Street and Florist Road, Hollins Magisterial District Philip Thompson Deputy Director of Community Development Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on an application to obtain a special use permit for outdoor gatherings. BACKGROUND: Julie Abernethy, at the behest of Friendship Living, proposes holding a series of outdoor concert events at 450 Springbeauty Street. The applicant held a similar event last year but at a smaller scale. Since the applicant is proposing to sell approximately 600 tickets per event, a special use permit is required for outdoor gatherings in the C-2 zoning district. An outdoor gathering is defined as a temporary organized gathering expected to attract 500 or more people at one time in open spaces outside an enclosed structure. DISCUSSION: The Planning Commission held a public hearing on this request on May 3, 2016. The applicant, Julie Abernethy, clarified several issues for the Planning Commission which included: they plan on holding five (5) outdoor concerts between May and September; the time of the concerts will be from 6:00 p.m. to 8:00 p.m. on the proposed dates; they plan to limit the number of tickets to 600 per event; there will only be a couple of access Page 1 of 2 points into the concert area; and that she was unaware of any complaints from surrounding property owners. There were no citizens to speak on this request. The Planning Commission recommends approval of this special use permit petition with a condition that limits the outdoor gatherings to five outdoor concerts between May 1st and September 30th of 2016. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to allow a special use permit for outdoor gatherings. Page 2 of 2 Petitioner: Request: Location: Magisterial District: Suggested Conditions: EXECUTIVE SUMMARY: STAFF REPORT Julie Abernethy (Friendship Living) To obtain a Special Use Permit for Outdoor Gathering(s) in a C -2C, High Intensity Commercial District with Conditions, on approximately 10.51 acres 450 Springbeauty Street Hollins 1. The outdoor gatherings shall be limited to five (5) outdoor concerts between May 1, 2016 and September 30, 2016. Julie Abernethy, at the behest of Friendship Living, proposes holding a series of outdoor concert events at 450 Springbeauty Street. The applicant proposes five events between May and September of 2016, on property currently zoned C -2C, High Intensity Commercial, with conditions. If approved through a Special Use Permit, the outdoor concerts would have a minimal impact on the community during event times. The applicant hopes to limit adverse community impacts through the standards outlined in their application. Through compliance with the submitted event plans, and Use and Design requirements, the proposed use would meet requirements of the Roanoke County Zoning Ordinance and conform to the 2005 Roanoke County Comprehensive Plan. APPLICABLE REGULATIONS Section 30-29-7 of the Roanoke County Zoning Ordinance defines an "Outdoor Gathering" as: "Any temporary organized gathering expected to attract five hundred (500) or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held in public parks, university campuses or on public school property shall not be included within this use type." An Outdoor Gathering use is allowed in the C-2 with a Special Use Permit. Section 30-87-3 of the Roanoke County Zoning Ordinance provides use and design standards for outdoor gatherings, as follows: 1. As part of the application for a special use permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays, and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested. In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines. a. Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided. b. The sponsors shall provide for adequate medical facilities, fire protection and security of the site. c. Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles. d. Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic. e. Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one-half (0.5) foot candle measured at the property boundary of the site. f. The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the board of supervisors. Through her application, the petitioner indicated she will meet applicable Use and Design standards by the following actions: 1. Friendship Living will provide five port -a -johns, fifteen portable cardboard trash receptacles, and two food trucks at the event. 2. An ambulance will be on the property for each concert, for the sole purpose of providing emergency medical services to event attendees and staff. 3. Five volunteers and two off duty Roanoke County police officers will direct traffic and help expeditiously park vehicles during event times. 4. On-site parking will take place in an approximately 92,336 square foot field, with additional parking available on two adjacent land parcels owned by Friendship Living. Should the event require overflow parking, Friendship Living has an agreement with Crossroads Church (4827 Delray Street) to provide additional parking, with shuttle buses used to transport attendees to and from the event. 5. Friendship Living will limit ticket sales to six -hundred (600). 6. The event stage is oriented away from any residential area. Additionally, the petitioner contracted a sound engineer, in part to keep the music volume at a level that does not disturb surrounding neighborhoods. 7. When used, Friendship staff will direct event lighting at the ground and away from any adjoining land parcels or rights-of-way. While the proposed events would end at 8:00 p.m., the lights will remain on until 9:00 p.m., as necessary for event clean up. 2. ANALYSIS OF EXISTING CONDITIONS Background — Friendship Living would primarily hold these events on the property at 450 Spring Beauty Street. The business is a retirement community providing independent and assisted living, as well as rehabilitation services. The Friendship Living campus includes most of the surrounding commercially zoned land parcels (twelve Roanoke County land parcels), including a large land parcel located across Hershberger Road within Roanoke City. The applicant held a similar, but smaller event in May of 2015, with no known citizen complaints regarding the concert operation. Because of her intent to attract more than five -hundred (500) individuals to each event, the applicant must obtain a Special Use Permit for Outdoor Gathering(s), as defined by the Roanoke County Zoning Ordinance. Topography/Vegetation — A wooded area approximately two hundred and thirty two feet (232) in depth separates the event site from the closest residential parcel. The topography slopes from the stage to this residential area. No portion of the event would take place inside any required buffer yard. While a small stream exists on the property, the wooded area separates the watercourse from the event site. Surrounding Neighborhood —The surrounding properties are zoned either R-1, Low Density Residential, or C-2, High Intensity Commercial. The closest residence is located approximately four hundred and thirty nine (439) feet from the event stage, which faces away from the closest single family homes and towards large buildings owned by Friendship Living. Furthermore, the adjacent commercial properties are primarily owned by Friendship Living, who employs the petitioner. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — The applicant proposes no permanent changes to either the site or any structures on or near the site. The applicant provided maps and other diagrams demonstrating the design and operation of the site during event dates and times. These documents, along with other information provided by the applicant, indicate overall conformance with the Zoning Ordinance and applicable Use and Design Standards. Additionally, the applicant conducted a similar, but less attended, concert in May of 2015, with no known citizen complaints regarding the event. The applicant intends to have a beer truck at the event, and has been in contact with the Virginia Department of Alcoholic Beverage Control in order to meet State requirements regarding alcohol use at outdoor venues. Mrs. Abernathy has also contacted the Health Department regarding any State food and sanitation requirements. Access/Traffic Circulation — The subject parcel is directly accessed from Florist Road, which is adjacent to the primary event parking area. The applicant proposes utilizing five volunteers, and two off-duty Roanoke County Police officers, to direct traffic at the site and assist in expeditiously parking vehicles. The Roanoke County Police Department stated the applicant seemed to adequately address traffic, noise and safety concerns in their application. The Virginia Department of Transportation did not comment regarding the applicant's outdoor gathering proposal and submitted plan. Fire & Rescue/Utilities — The applicant proposes having an ambulance on the premises for each event, dedicated to any medical emergencies occurring during the concert. Additionally, the North County Fire Rescue Station, containing a fire engine and ambulance, is located within one mile of the proposed event site. The Roanoke County Fire Rescue Department has no objection to the applicant's petition and the Fire Marshall's office worked with the applicant as she planned the events. A Fire Marshall representative will be present at each concert. Economic Development — The Department had no objection to the applicant's proposal. 4. Building Safety — No impact anticipated. Community Meeting — The applicant and staff held a community meeting at the North County Fire Rescue Station on April 11, 2016 from 6 to 8 p.m. Two citizens attended this meeting. Both attendees had questions concerning the amount of noise generated by the proposed events. Both citizens stated the applicant addressed their concerns during this meeting. The citizens went on to state they were in support of the events. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designated the Future Land Use of the property as Core, where high intensity urban development is encouraged: Land uses within Core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally -based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. STAFF CONCLUSIONS Staff anticipates that the proposed Outdoor Gathering use will have a minimal impact on the surrounding neighborhood only during event times, when use and design standards are followed by the applicant. The petitioner provided information in their application which demonstrates a detailed plan to mitigate significant, adverse impact to the surrounding neighborhood. Additionally, the applicant conducted a similar event, albeit on a smaller scale in 2015, with no known citizen complaints regarding negative effects in the community. To date, the Department heard no public objection regarding the proposed events. The proposed use meets the requirements of the Roanoke County Zoning Ordinance and conforms to the Roanoke County Comprehensive Plan. CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHEMENTS: 3-512016 Brian W. Hughes PC: 5/3/2016 Application Application: Addendum A Event Map Aerial Map Land Use Map Zoning Map C-2 District Standards BOS: 5/24/2016 Outdoor Gathering Use and Design Standards 0 APPLICATION FOR OUTDOOR GATHERING Friendship Living March 25, 241E Contents Introduction......................................................................................................................................... OutdoorGathering Specifics................................................................................................................ SafetyPlan....................................................................................................................................... ParkingPlan.......................................................................................................................................... Circulation/Traffic Plan........................................................................................................................ LightingSpecifics.................................................................................................................................. SanitizationPian................................................................................................................................... FoodSafety Plan................................................................................................................................... OtherAttachments: ........ ........................................... ............. .................... ..................................... .. 2 .. 2 -3 .. 4 .. 4 4 ..5 ..5 ..5 Introduction Julie Abernethy, the Assistant Director of Resident Services in Friendship Living is applying for an Outdoor Gathering Permit for an outdoor musical event, hereafter referred to as the Friendship Summer Concert Series, that will be held on a Saturday once a month from May through September. The property intended for the use of the outdoor gathering is determined to be a Transition area, specifically a multi -family residential use area. Outdoor Gathering Specifics Friendship is the sole sponsor of the Friendship Summer Concert Series, a charitable event where all admission and beer/wine sale proceeds are donated to local charities. Friendship is the sponsor and underwrites all the event expenses. Friendship has contracted with five different musical guests one for each of the dates from May through September to perform in our Friendship Amphitheater (map attached). All concerts run from 6:00 p.m. to 8:00 p.m. The Concert Series dates are set as follows: 1. Saturday, May 28, 2016 — The Key West Band 2. Saturday, June 25, 2016—Absoulut 3. Saturday, July 23, 2016 —Jane Powell 4. Saturday, August 27, 2016 — Seven Mile Ford 5. Saturday, September 10, 2016 — The Legacy Motown Revue To further engage the local community, Friendship is working with the Development Director Amy Milberger of the Jefferson Center to have each concert date opened by a student artist from the Jefferson Center Music Lab. The Director of Education and Outreach John Maroun is working to prepare these students now to play as opening acts for these outdoor concerts. Friendship has contracted with SRO Productions, managed by Kent Martin, to handle audio on each scheduled date. SRO Productions sets up a sound table and adjusts sound levels for the musicians. Friendship management decided to hire one sound company to manage sound for all events to ensure consistent sound levels as to not negatively affect the surrounding apartments or neighborhood. Kent Martin has a history of musical event production in the Roanoke Valley, specifically with Party in the Park in Roanoke, and contributed greatly to the planning of the event in 2015. In addition to the band performance, Friendship will also be contracting with up to two (2) local food trucks and one (1) local beer truck business for attendees to enjoy (See Map). The Fire Marshal walks through the event date prior to show opening time to inspect the fire -safety devices of each of the kitchens on the food trucks. Furthermore, the Roanoke County Fire Marshal, Brian Simmons, with whom Friendship consulted in the planning of the 2015 event, insisted Friendship have extinguishers at each 10 ft. x 10 ft. tent location as well as at the Budweiser beer truck and the food truck kitchens. To be overly prepared, Friendship Living staff purchased additional fire extinguishers on behalf of our food vendors to be in compliance. We expect approximately 100 of our retirement community residents to be in attendance, and we are estimating an additional 300 people from the general public to attend. • Sponsors of the event: Friendship Living • Nature of the gathering: Charitable Outdoor Concert • Events planned: a. Saturday, May 28, 2016 — The Key West Band b. Saturday, June 25, 2016 — Absoulut c. Saturday, July 23, 2016 — Jane Powell d. Saturday, August 27, 2016 —Seven Mile Ford e. Saturday, September 10, 2016 — The Legacy Motown Revue • Displays/entertainment: Food trucks, beer truck, live music Number of tickets sold: admission wristbands are sold at the gate • Estimate of attendance: 400-500 • Event Times: Saturday evenings from 6:00 p.m. — 8:00 p.m. Safety Plan One of our main goals is to ensure the safety of all participants. To that end, we have consulted with the Fire Marshal and are working closely with Safety Station #1. Last year, in 2015 we had one EMS truck from Cave Spring Rescue Squad with three EMS staff on location parked at our event in case of medical emergencies. We will also have a minimum of 20 Friendship staff members in attendance to ensure the safety and security of all attendees. Each Friendship volunteer wears a bright - colored lime green event shirt with "EVENT STAFF" in bold font across the back as to be spotted easily for event attendees. The volunteer coordinator, Julie Abernethy, meet with the volunteers at the beginning of the event to review event procedures and answer questions. Volunteers are assigned to the following areas: • Parking lot entrance from Florist Road • Admission Tent #1 from Parking Lot • Admission Tent #2 from Bluebell Lane ID Check station & Beer Ticket Sales • Beer Truck serving • Golf carts to help seat patrons Friendship hires two off-duty Police Officers from Roanoke County to be present at the event in uniform to have an authoritative presence in case of an emergency. The two officers are located primarily at the Florist Road entrance for all visitors to see as they arrive. In addition to hired police presence, Friendship Security staffs offers an additional Friendship Security officer at our event, just for increased assistance as needed. Parking Plan Friendship provides onsite parking for employees and patrons (See Map). The majority of event attendee parking is directed to field location as managed by Friendship parking volunteers. For those patrons who need handicapped parking, Friendship volunteers direct them to our Employee and Overflow Parking Lot. A golf cart shuttle runs from the parking lot down into the field. If the use of the Assisted Living Parking Lot is required, we small bus and golf cart shuttles attendees from the Lot to the Amphitheater and back. If it is necessary that we use a small bus, the driver will be a Friendship Transportation staff member with an appropriate Commercial Driver's License through the Commonwealth of Virginia. The main grassy -area parking lot will be monitored by a minimum of five parking volunteers, and an additional minimum of two volunteers monitor the resident parking area to ensure that no event -goers park in Resident Parking lots. Cave Spring Rescue Squad, or another EMS vehicle, parked on our event location inside of the event area and set-up a tent with their staff. They are available throughout the event in the case of an emergency. Circulation /Traffic Plan Friendship will have a minimum of five Friendship volunteers to assist in the flow of traffic from Florist Rd. onto Spring Beauty Street. Directional parking signs line the property and directing the flow of visitors to the large grassy parking area. One volunteer will be stationed near the entrance of the Friendship Health and Rehabilitation on Hershberger Road to direct the west -bound flow of traffic to the campus. One volunteer will be stationed at the entrance of the Friendship Independent Living Campus on Hershberger Road to direct the east -bound flow of traffic to campus. This volunteer will also direct traffic to the Friendship Assisted Living Parking Lot if the additional parking space becomes necessary. One volunteer will be stationed at the entrance of the Independent Living Campus on Florist Road to direct the north- and south -bound flow of traffic to the campus. One volunteer will be stationed at the intersection of Springbeauty Street and Bluebell Lane to direct the flow of traffic to the parking lot entrances. Lighting Specifics In the late summer, rental lights from United Rentals on Orange Avenue are utilized at the very end of the concert at concert goers are leaving. These lights are directed into the property as to not affect our surrounding neighbors. These lights are gas -operated and will be in use from approximately 5:00 p.m. -9:00 p.m., again only in August and September due to lighting needs in the late summer. Sanitization Plan Friendship will be providing three port -a -johns for the use of attendees. Each port -a -john will be equipped with sanitization equipment. Friendship will also have hand sanitization available near each food or beer truck. The sanitation station provides hand sanitizer and paper towels outside of the port -a -johns and the food area. Food Safety Plan Food trucks are included by invitation only from the most respected local food trucks in business in the Roanoke Valley. Other Attachments: • Signed and dated letter,on letterhead from the property manager/owner -approval for event • Planned community meetings with surrounding community: o Planning Commission Hearing Date: May 3,2016,7:00 p.m. o Board of Supervisors Hearing Date: May 24, 2016, 7:00 p.m. t.J�J March 25, 2016 To Whom It May Concern: I, Julie Abernethy, give my permission for Friendship Village Corporation to hold the Friendship Summer Concert Series. Sincerely, Julie ernethy Assistant Director of Resident Services, Friendship Retirement WEST FORK fCCARVINS CREEK TAX #38.11-1-1 N ti LOT 8 PROPERTY OF z 6 k CITY OF ROANOKE D.B. 691, PG. 307 B1fi' BLOQ �,. D.B. 691, PG. 314 SECTION bA ;a9� LOT 7 "BROOK 7, ' wo YEAR FLOODPLAIN (APPROX. 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Justification stating in general terms the change in use of the property, the effect of the changes on the surrounding area, the reasons for the request, the consistency of the request with the Community Plan, and the consistency of the request with the general purposes of the Zoning Ordinance and the purpose stated at the beginning of the applicable district regulations. Concept Plan of the proposed project and the concept plan checklist must be submitted with the applications. Plan must be 8.5" x 1 1 ". Metes and bounds description must accompany rezoning and special use permit application. Water and sewer application and plauivaetrie maps must accompany rezoning and special use permit application, if applicable. List of adjoining property owners including owner's names, addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany application, including those in adjacent jurisdictions. Refer to tax records in the County Assessor's office. Application fees must accompany application and are as follows: Rezoning — Agri/Single/Two $115 + $20/acre or porion thereof Rezoning — Multi -family $860 + $25/acre or portion thereof Rezoning — industrial $840 + $30/acre or portion thereof Rezoning — Commercial $915 + $32/acre or portion thereof Land Use Plan Amendment $710 Special Use B Landfill $1,875 Special Use D Other $40 Variance $190 Waiver $190 Administrative Appeal $275 In addition, the applicant must pay legal advertlsement.fees. Staff will prepare ad for the applicant and deliver ad to The Roanoke Times. The applicant will be billed by The Roanoke Times for the ad. Public Hearing Notices must be posted at clearly visible locations along the street frontage or property lines of the subject property. Notices will be issued by Planning &.Zoning following receipt of the completed application. For further information or assistance, please contact: Department of Community Development - Planning & Zoning 5204 Bernard Drive, SW P O Boa 29800 Roanoke, VA 24018-0798 Phone (540)772-2068 - Fax (540)776-7155 E -Mail: planninae roanokecount va. ov All required items must be submitted before the application deadline. County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only D to r ce vett: j Received by: Application fee: ['CTIA da e: a.o Placards issued: 130S date: Case Number , -- � 6 1 1 A ALL APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning El Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: 540) 204-6049 Work: (540) 777_-4612 Julie Abernethy, Asst. Director of Resident Services Cell #: 397 Hershberger Road, Roanoke, VA 24012 Fax No.: (540) 777-5955 Owner's name/address whip Phone 4: 540 777-7599 Work: (540) 777-4612 Friendship Apartment Village Corp Fax No. #: (540) 777-5955 397 Hershberger Road, Roanoke, VA 24012 Property Location Magisterial District: Hollins Community Planning area: Hollins 450 Springbeauty Street, Roanoke, VA 24012 Tax Map No.: 038.15-01-01.00-0000 Existing Zoning: C2 - High Intensity Commercial Size ofparcel(s): Acres: 10.51AC Existing Land Use: Transitional REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS. (R/SIW/CP) .' Proposed Zoning: N/A Proposed Land Use: NIA Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No , IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes 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 ,(VIKAA) Variance/Waiver of Section(s) NIA of the Roanoke County Zoning Ordinance in order to: NIA Appeal of Zoning Administrator's decision to NIA Appeal of Interpretation of Section(s): NIA of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to NIA Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SAVICP v/AA R/SAV/CP V/AA RISnv/CP N'/AA Consultation 8 1/2" x I V concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property 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 rthe owner. Owner's Signature 2 JUSTIFICATION FOR.REZONING, SPECIAL USE PERMIT WAIVER OR. COWMAN (15.2-22.32) REVIEW REQUESTS Applicant Julie Abernethy, Assistant Director of Resident Services, Friendship The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to deten-nine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please see attached documents. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plana Please see attached documents. 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. Please see attached documents. JUSTIFICATION FOR VARIANCE. REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance, NIA 2. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. NIA 3. Evidence supporting claim: NIA 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: NIA 2. Evidence supporting claim: NIA S CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending oil 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 Applicant name and name of development b. Date, scale and north at -row E4< Lot size in acres or square feet and dimensions Lal'd. Location, names of owners and Roanoke County tax map numbers of adjoining properties L/ Physical features such as ground cover, natural watercourses, floodplain, etc. ER f. The zoning and land use of all adjacent properties All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights ff-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 h?1brinafion requh-ed for REZONING and SPECIAL USE PERMIT APPLICANTS EO/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 ED"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 certify that all items required in the checklist above are complete. K Signature 6 applicant 3/25/2016 Date 6 Community Development •Y P Planning & Zoning Division 3 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any 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 • Educational/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., Rte 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 date: April 19, 2005 7 ok aaAiV Community Development _ Planning & Zoning Division z reaa 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 malting a land use decision (Note: a list of potential land uses and situations that would necessilale farrther sludy is provided as part of this applicalion package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 NIA Name of Petition Petitioner's Signature Date Unofficial Property Record Card - Roanoke County, Virginia General Property Data Parcel ID 038.95-01-01.00-0000 Prior Parcel ID -- PropertyOwner FRIENDSHIP APARTMENT VILLAGE - CORPORATION Mailing Address P O BOX 5009 City ROANOKE Mailing State VA Zip 24012 Account Number 13443 Property Location 450 SPRINGBEAUTY ST Property Use COMMERCIAL Most Recent Sale Date 7/2712007 Legal Reference DB200711647 Grantor FRIENDSHIP MANOR APT VILLAGE CORP, Sale Price 0 Jurisdiction-ZoningCode-County-C2CS-General Land Area 10.51 -AC Description Commercial]GondSUP Current Property Assessment Card 1 Value Building Value 0 Xtra Features 39,000 Land Value 735,700 Total Value 774,700 Value Building Description Building Style NIA # of Living Units NIA Year Built NIA StyielStory Height NIA Insulation NIA Foundation Type NIA Frame Type NIA Roof Structure NIA Roof Cover NIA Primary Ext. Siding NIA Flooring Type NIA Basement Floor NIA Heating Type NIA Heating Fuel NIA Air Conditioning 0% Finished Area (SF) NIA Interior Walls NIA # 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 REMAINING FOR OF RESUSD TR F1 HERSHBERGER RD & FLORIST RD Narrative Description of Property This property contains 10.51 -AC of land mainly classified as COMMERCIAL 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). 1-'1'Opefiy IfltldUea Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. xF� F �i A n rk4lW' ma 0 f u. 0 0 q ! v n dnOrn NeIR30 SlO llHO�3b vn'u naoxomou.euwwaixsarr3iad NVIJ '10?J!oo:) � s mid umaawr+nwnoasuaawoixoastuvy u 1N K!Q S NOi502}3 U q S 1 c I �r�.�+•OLK ' � F� f t xF� F �i A n rk4lW' ma 0 f p 0 0 q � � � e � � y qi ot gag yy I S 1 c I �r�.�+•OLK ' � F� f t xF� F �i A n rk4lW' ma 0 f Concert Series_Parking Area se'r4Ntvp ` Roanoke.Counly a oiselaime, itis undersiaad rh al the dal, displayed through Ii a pphcation is whlect to .slant change and chat its acwracy cannot he guarai the m.pshave been cleated hon, intormaOon provided by various gove o eat and private —11. at varidus levels lot ac .—Z. The daW Is provEd ed to you as is, vnlh no w,rranry, representation or guaranty as to the Centeno sequence, accuracy.dme6ness o maplot...ss of any of the N info m von provided herein. + It is theresponandity of th e n user of the data la he e of the data's W E 5'15 and 1e i the data in "'pp .tanner. S feel 0 55 710 270 Dale: 311 1:2,257 Lr~� - viryl���tl l I I I - Roanoke County Concert Series_Treeline distances Disdalmer. It is understood that the data displayed through [his application is subject to constant change and that Its accuracy cannot he guaranteed. The maps have been created from inforrnalton provided by various government and private sources at various levels of accuracy. The data is provided to you as is: With no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any of lie N infomnallon provd en herein. It is the resp rnsibtily of the user of the data to be aviare of the w E data's limilaliens and 1e utilize the data in art appropriate manner. S Feet 0 70 140 280 Data: 3125/2016 1:2,257 ea I � r.. Roanoke County Concert Series_100 ft. buffer Disclaimer: II is understood that the dais displayed through this application is subject to constant change slid that its accuracy cannot he guaranteed. The maps have been created from information provided by various govemmeni and private sources at various levels et accuracy. The dais is provided 1. you as is vriihno warranty, represenlalion or guaranty as to the content, sequence. accuracy, timeliness or completeness of any orlhe N inrmmalion provided herein. Il is the responsibility of the user of The dais to he aware of the w - F data's Ilmtiations and to utilize the data in an appropriate manner. S Feet 0 70 140 280 Date: 3/2512016 1"2.257 APPLICATION FOR OUTDOOR GATHERING ADDENDUM A Friendship Living April 6, 2016 Contents LimitingTicket sales..................................................................................................................................2 Port-a-Johns.............................................................................................................................................. 2 Beerand Food Trucks............................................................................................................................... 2 ParkingAccommodations.........................................................................................................................2 TrafficDirectors........................................................................................................................................2 TrashReceptacles.....................................................................................................................................2 Limiting Ticket Sales If approved for Friendship to accept over 500 admissions, we will limit ticket sales to 600 admissions as this would be double what we accommodated last year. Port -a -Johns We plan to have five port -a johns in order to have enough for a maximum of 600 people. Beer and Food Trucks Beer and Food trucks will be located south east of the amphitheater. Specific locations are notated on the attached map. Parking Accommodations During our 2015 Summer Concert Series, Friendship hosted approximately 300 attendees. During those events, the designated parking area did not reach half of capacity The attached map gives a rough estimate of maximum capacity. Additionally, we have a relationship with Crossroads Church (4827 Delray Street, NW, Roanoke, VA 24012) who has agreed to work with us for overflow parking, should it become necessary. In that circumstance, Friendship would provide shuttle buses to transport people to and from the concert venue. Traffic Directors Five volunteers and two off duty police officers adequately managed traffic during the 2015 Summer Concert Series. However, with expected growth, Friendship will assign three additional volunteers to manage traffic during the heavy traffic hours prior to the event and at the event closing. Trash Receptacles Friendship will supply 15 cardboard trash cans from the Corrugated Container Corporation. The trash receptacles will be scattered proportionately throughout the event area and at meeting points (entrance tents, beer tents, sanitation station). X� \ Parking 4p III •tier 06 . :\ for 200 vehicles III �` . III �� III � � III �� III III III �4 ,. '-- A. .1- ■ Overflow #1� y fog' 77 veliidOVVW ' 47. r Ar ^ON t. , Traffic flow w" s' . �" '� •� ��� " Q Police t ' �it Restrooms 4 F,, Check -In Table 00 :. Food Trucks Beverage Truck -xY - Light yy yu* Paramedics/EMS Trash receptical 14 �k Amo� AL w4 t' h :�M i i i' �I .. q!;. rn �u � � f � S oV loEo 2 c2 o cu O ui U) U _ (D Q> N U U U O W O , a 11 o N r o L ?'ft .� � U N d c0 O 2 .. o f - \ E O C 'C N U tll 6 N ——— ! m Q Z Q O N ) =;o Z a -` m 0 O iN 'o a� 'oug a� Q N o N Ln2 r' S .N o o m n oU ?, �`. CL o C X Q O Q O x mO) 2 m i i i' .. q!;. rn � � o oV loEo 2 c2 o cu O ui U) U _ (D Q> N U U U O W O , a 11 o N r o L ?'ft .� � U N d c0 O 2 .. o f - \ E O C 'C N U tll 6 N ——— ! m Q Z Q O N ) =;o Z a -` m 0 O iN 'o a� 'oug a� Q N o N Ln2 S .N o o m n oU ?, �`. CL o C X Q O Q O x mO) 2 m s`e Do nn Q U- W d 0- H Q ` 9 w F - U � Z H H U Z Z H H .i U i rn CLO 0 } \ 2 2 O S > \ cu 0 ui N - (D �t _ Q > U)O , a �� o N� L •� N U d O o E ._ -r-.. C Cc:)U) N i C7 m E N 'C N U (l - ai -` Z Q U N 'o '0 Z Ln N m a v .2 a� a� Q o ug rn S .N U o o �6 U) ?s o Q Q N CL C X o o X H m Donn ` Q LL W d d Q 9 U CO N U N U U U N CVN U U U i i i r j ,i i rn O 5; S a) O = 1 o O - o o O o_ ca LD 0 O ui C ° O Q U U U O W __ O 6 5 a C3 E do r L C U N U (1) O 2 T E o o o N N .. E _ n E (6 Z Q 'E p O N U) D 3 m (7 _ c� i6 1" U o Q t N Z N N a 'L d o (o N (U O C Q N Q 0 Q X (U N CL Q LL W d 2 d H Q n`s, 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 * 2 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 3 C-2 District Regulations 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. 1. 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 S 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. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). 5 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. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 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. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 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-1 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. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. C: C-2 District Regulations (Ord. No. 62293-12, § 10, 6-22-93) Use & Design Standards — Miscellaneous Uses Sec. 30-87-3. Outdoor Gatherings. (A) General standards: As part of the application for a special use permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested. 2. In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines: a. Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided. b. The sponsors shall provide for adequate medical facilities, fire protection and security of the site. C. Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles. d. Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic. e. Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one- half (0.5) foot candle measured at the property boundary of the site. f. The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the board of supervisors. (Ord. No. 052411-9, § 1, 5-24-11) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2016 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR OUTDOOR GATHERINGS IN A C-2CS, HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS AND SPECIAL USE PERMIT, ON APPROXIMATELY 10.51 ACRES, AT A PARCEL LOCATED AT 450 SPRINGBEAUTY STREET, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF JULIE ABERNATHY, AGENT FOR FRIENDSHIP APARTMENT VILLAGE CORP. WHEREAS, Julie Abernethy, agent for Friendship Apartment Village Corp. has filed a petition for a special use permit for outdoor gatherings at 450 Springbeauty Street (Tax Parcel No. 038.15-01-01.00-0000), in a C-2CS, High Intensity Commercial District with Conditions and Special Use Permit, on approximately 10.51 acres, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 3, 2016; and WHEREAS, the Planning Commission recommends approval of the petition with the condition that the outdoor gatherings shall be limited to five outdoor concerts between May 1st and September 30th of 2016; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 26, 2016; the second reading and public hearing on this matter was held on May 24, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Julie Abernethy, agent for Friendship Apartment Village Corp., for outdoor gathering use at Page 1 of 2 450 Springbeauty Street (Tax Parcel No. 038.15-01-01.00-0000), in a C-2CS, High Intensity Commercial District with Conditions and Special Use Permit, on approximately 10.51 acres, in the Hollins 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: (a) The outdoor gatherings shall be limited to five outdoor concerts between May 1st and September 30th of 2016. 2. That this ordinance shall be in full force and effect immediately 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