HomeMy WebLinkAbout8/28/2018 - RegularINVOCATION:
Roanoke County
Board of Supervisors
August 28, 2018
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
"Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board."
Page 1 of 6
Roanoke County
Board of Supervisors
Agenda
August 28, 2018
Good afternoon and welcome to our meeting for August 28, 2018. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of
Supervisors meetings can also be viewed online through Roanoke County's website at
www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for
everyone to speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
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
1. Recognition of the Cave Spring Volunteer Rescue Squad's 60th Anniversary
(Stephen G. Simon, Chief of Fire and Rescue)
2. Recognition of two High Intensity Drug Trafficking Area (HIDTA) awards (Howard
B. Hall, Chief of Police)
D. BRIEFINGS
1. Briefing to update the Board of Supervisors on the Transportation for Economic
Development (TED) Study (Megan Cronise, Principal Planner; Wayne G.
Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission)
Page 2 of 6
E. NEW BUSINESS
1. Resolution amending Resolution 062818-1 supporting SMART SCALE project
applications to reflect changes to the project scope for the Route 419 and Route
220 Diverging Diamond Interchange (Richard L. Caywood, Assistant County
Administrator)
2. Resolution supporting a SMART SCALE application by the New River Valley
Metropolitan Planning Organization (Richard L. Caywood, Assistant County
Administrator)
F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate
support for, or judge the merits of, the requested zoning actions but satisfies
procedural requirements and schedules the Public Hearings which will be held after
recommendation by the Planning Commission.-
1.
ommission:
1. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately
5.35 acres from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural
Low Density, District, located at 4053 Aerospace Road, Vinton Magisterial
District
2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a
Special Use Permit in a AR, Agricultural/Residential, District to construct
buildings on a parcel without public road frontage per Section 30-23-5(B) of the
Roanoke County Zoning Ordinance on 2.85 acres, located at 5985 Coleman
Road, Cave Spring Magisterial District
G. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a new public drainage easement to the
Board of Supervisors of Roanoke County on property owned by Ms. Ellen Smith
Ryan, Tax Map No. 087.05-04-17.00-0000 for the purpose of facilitating
Stormwater Management (Tarek Moneir, Acting Director of Development
Services)
2. Ordinance amending the Code of the County of Roanoke, by amending and re-
enacting Chapter 21 Taxation, Article III -- Real Estate Taxes, Section 21-42 --
Moratorium on the granting of Exemptions from Real Estate and Personal
Property taxes by designation (Peter Lubeck, Senior Assistant County Attorney)
3. Ordinance amending the Code of the County of Roanoke by amending and re-
enacting Chapter 21 Taxation, Article III -- Real Estate Taxes, Division 4 —
exemption for surviving spouses of certain persons killed in the line of duty (Peter
Lubeck, Senior Assistant County Attorney)
Page 3 of 6
4. Ordinance accepting the conveyance of three (3) parcels of unimproved real
estate for Fort Lewis Church Road, Catawba Magisterial District (David Holladay,
Planning Administrator)
5. Ordinance repealing and replacing the Code of the County of Roanoke - Chapter
2, Article IV, from Self -Insurance Program to Risk Management Program (Mary
Beth Nash, Senior Assistant County Attorney; Rebecca Owens, Director of
Finance; Patrick Elwell, Special Assistant to the County Administrator)
6. Ordinance amending sections of the Roanoke County Zoning Ordinance
(Appendix A of the Roanoke County Code) dealing with agritourism activities
(Philip Thompson, Acting Director of Planning)
H. ADOPTION OF RESOLUTION
1. Resolution adopting the Roanoke County Zoning Administrator's review of
agritourism activities (Philip Thompson, Acting Director of Planning)
I. APPOINTMENTS
1. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large)
2. Economic Development Authority (EDA) (appointed by District)
3. Library Board (appointed by District)
J. 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 — June 12, 2018
2. Request to accept and allocate grant funds in the amount of $5,422.30 from the
U. S. Department of Justice's Bulletproof Vest Partnership
3. Request to donate surplus vehicle to the Western Virginia Emergency Medical
Services (EMS) council
4. Request to accept and appropriate grant funds in the amount of $60,000 from the
High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke County
Police Department for the Roanoke Valley Regional Drug Unit
5. Request to accept and allocate grant funds in the amount of $95,540.64 from the
Virginia Office of Emergency Medical Services for the "Four -For -Life" distribution
Page 4 of 6
6. Resolution requesting the Virginia Department of Transportation (VDOT) to add
Lila Drive to the State Secondary Road System
7. Confirmation of appointment to the Chief Local Elected Officials Consortium
(CLEO) (At -Large); Economic Development Authority (EDA) (District); Social
Services Advisory Board (At -Large)
8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Barry K. Agnew, Human Resources Consultant, upon his retirement
after eleven (11) years of service
9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to William Martin Louthian, Jr, Police Community Services Officer, upon
his retirement after seventeen (17) years of service
10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Randall S. Spence, Battalion Chief -Operations, upon his retirement
after thirty (30) years of service
K. CITIZENS' COMMENTS AND COMMUNICATIONS
L. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of July 31, 2018
5. Accounts Paid — July 31, 2018
M. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Phil C. North
2. Joseph P. McNamara
3. P. Jason Peters
4. George G. Assaid
5. Martha B. Hooker
N. WORK SESSIONS
1. Work session to update the Board of Supervisors on the strategic direction of
Economic Development in the County of Roanoke (Jill Loope, Director of
Economic Development)
Page 5 of 6
2. Work session to update the Board of Supervisors on proposed amendments to
the Erosion and Sediment Control Ordinance to provide a stream buffer (Tarek
Moneir, Acting Director of Development Services)
O. ADJOURNMENT
Page 6 of 6
ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
August 28, 2018
Recognition of the Cave Spring Volunteer Rescue Squad's
60th Anniversary
SUBMITTED BY: Stephen G. Simon
Chief of Fire and Rescue
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
The Cave Spring Volunteer Rescue Squad was formed in 1958 and celebrates 60 years
of serving the Cave Spring community.
BACKGROUND:
In May of 1958, thirteen (13) men from the local community formed the Cave Spring
First Aid and Rescue Squad (as it was called then) after citizens decided they wanted
closer rescue services than Roanoke, Vinton, or Salem. Their first call was on May 3,
1958, at the Vinton Dogwood Festival. Soon, the squad purchased their first vehicle --a
1951 Cadillac donated by the U. S. Army. The crew answered thirty-two (32) calls for
service that first year.
Today, the Cave Spring Volunteer Rescue Squad (as it is now referred to) answers over
1,400 calls a year for emergency medical response. The crew has forty (40) active
members who range in age from sixteen (16) to seventy (70) years of age. The longest
active member has served for forty-four (44) years.
The volunteer crew is very active in their community. They assist annually with football
standbys at Cave Spring High School, Hidden Valley High School, as well as their
annual assistance at the Dogwood Festival. The squad also provides medical stand by
for the Blue Ridge Marathon held in Roanoke City.
Page 1 of 2
Since 1976, the Cave Spring Rescue Squad has held an annual emergency medical
technician class where they welcome citizens to participate in this certification class.
Many of these students go on to become volunteers with the squad.
Page 2 of 2
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ACTION NO.
ITEM NO. C.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
August 28, 2018
Recognition of two High Intensity Drug Trafficking Area
(HIDTA) awards
SUBMITTED BY: Howard B. Hall
Chief of Police
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
The Roanoke Valley Regional Drug Unit and the Roanoke Valley Heroin Task Force
recently received awards from the Washington -Baltimore HIDTA Program.
BACKGROUND:
On August 7, 2018, the Washington -Baltimore HIDTA presented awards to two (2)
Roanoke Valley initiatives related to their work to mitigate the drug problem in the
Roanoke Valley.
The Roanoke Valley Regional Drug Unit (RVRDU) received an award for "Outstanding
Investigative Effort." The RVRDU is made up of personnel from the Roanoke County
PD, Roanoke PD, Salem PD, and Virginia State Police as well as representatives from
several federal law enforcement agencies. In 2017, the RVRDU worked with dozens of
other agencies across the country to dismantle a large-scale drug trafficking
organization that was importing large amounts of illegal drugs into the Roanoke Valley.
This investigation included the largest seizure of pure fentanyl (to date) in Virginia and
revealed connections to New York, New Jersey, Baltimore, Washington DC, Arizona,
Mexico, and the Dominican Republic. As a result of this investigation, over a dozen
people are facing federal drug charges.
The Roanoke Valley Heroin Task Force received an award for "Outstanding Public
Safety/Public Health Collaborative Effort." The Task Force, led by Mr. Tom Bowers, the
Page 1 of 2
Commonwealth Attorney in the City of Salem, includes representatives of public safety,
prevention, and treatment organizations from throughout the Roanoke Valley. The Task
Force has partnered with local schools, medical providers, and various community and
faith organizations to bring the youth and young adults in the Roanoke Valley
awareness of the current heroin and opioid epidemic. In addition, they are connecting
current drug users with treatment resources and specialists. Their work with all of the
disciplines involved in mitigating the drug problem has helped provide a coordinated
and cooperative response to this significant problem.
Page 2 of 2
ACTION NO.
ITEM NO. D.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:
August 28, 2018
Briefing to update the Board of Supervisors on the
Transportation for Economic Development (TED) Study
Megan Cronise
Principal Planner
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
This time has been set aside for Wayne G. Strickland, Executive Director, Roanoke
Valley- Alleghany Regional Commission, to brief the Board on the Regional Study on
Transportation Project Prioritization for Economic Development and Growth (TED
Study).
Page 1 of 1
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ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
Resolution amending Resolution 062818-1 supporting
SMART SCALE project applications to reflect changes to the
project scope for the Route 419 and Route 220 Diverging
Diamond Interchange
David Holladay
Planning Administrator
Thomas C. Gates
County Administrator
Resolution to support an amended transportation project funding request under the
Smart Scale program, due to changes to project scope.
BACKGROUND:
The deadline for submitting SMART SCALE applications to the Virginia Department of
Transportation (VDOT) was August 8, 2018.
In a briefing to the Board of Supervisors on June 28, 2018, staff reviewed the proposed
projects and applications that both Roanoke County and the Roanoke Valley
Transportation Planning Organization plan to submit. Since that time, VDOT and
Roanoke County continued to review corridor traffic studies for the proposed Route 419
and Route 220 Diverging Diamond Interchange, in preparation for grant application.
Citing the corridor study findings, VDOT has expressed concerns about the effects of
the interchange improvements on nearby traffic signals. VDOT suggests an amended
project application that includes plans to reduce traffic signal phases to support the
traffic flow from the improved interchange. As a result, VDOT has requested an
amended resolution from the Board of Supervisors which includes the additional
changes to the adjoining traffic signal network.
Page 1 of 2
DISCUSSION:
Proposed amended SMART SCALE project for Roanoke County Application
Route 419 and Route 220 Diverging Diamond Interchange with changes to the
traffic signal network, including the modification and/or elimination of some
vehicular movements and traffic signal phases on Route 419 at Ogden Road,
Elm View Road and South Peak Boulevard as necessary to support operational
requirements of the interchange.
FISCAL IMPACT:
There is no fiscal impact with this agenda item.
STAFF RECOMMENDATION:
Staff recommends adopting the attached resolution amending Resolution 062818-1
supporting SMART SCALE applications, to reflect changes to the project scope for the
Route 419 and Route 20 Diverging Diamond Interchange.
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, AUGUST 28, 2018
RESOLUTION AMENDING RESOLUTION 062818-1 SUPPORTING
SMART SCALE PROJECT APPLICATIONS TO REFLECT CHANGES
TO THE PROJECT SCOPE FOR THE ROUTE 419 AND ROUTE 221
DIVERGING DIAMOND INTERCHANGE
WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors
reviewed an amended SMART SCALE project application; and
WHEREAS, the scope of the Route 419 and Route 220 Diverging Diamond
Interchange has been expanded to analyze the adjacent traffic signal network on Route
419; and
WHEREAS, Roanoke County will work with the Virginia Department of
Transportation to develop plans for changes to traffic signal operations along Route 419
at Ogden Road, Elm View Road and S. Peak Boulevard (Wendy's) to support the
Diverging Diamond Interchange which will require the potential modification and/or
elimination of some vehicular movements and traffic signal phases; and
WHEREAS, the Board of Supervisors desires to support both local and regional
projects to mitigate congestion, promote economic development, increase accessibility,
safety, and environmental quality, as well as develop projects consistent with local land
use policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports the following amended
SMART SCALE project for Roanoke County application:
Page 1 of 2
a. Route 419 and Route 220 Diverging Diamond Interchange, with
changes to the traffic signal network, including the modification
and/or elimination of some vehicular movements and traffic signal
phases on Route 419 at Ogden Road, Elm View Road and S. Peak
Boulevard as necessary to support operational requirements of the
interchange.
2. That the Clerk to the Board forthwith send a certified copy of this
Resolution to Senator Mark Warner, Senator Timothy Kaine,
Representative Bob Goodlatte, Representative Morgan Griffith, and the
Commonwealth Transportation Board Member, Salem District.
3. That this resolution is effective immediately.
Page 2 of 2
ACTION NO.
ITEM NO. E.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:
August 28, 2018
Resolution supporting a SMART SCALE application by the
New River Valley Metropolitan Planning Organization
SUBMITTED BY: Megan Cronise
Principal Planner
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Resolution to support a New River Valley Metropolitan Planning Organization
transportation project funding request under the SMART SCALE program.
BACKGROUND:
The deadline to submit resolutions of support to the Virginia Department of
Transportation for SMART SCALE projects is September 1, 2018.
DISCUSSION:
The New River Valley Metropolitan Planning Organization has submitted a SMART
SCALE application requesting to connect the Smart Road from its existing terminus to
Interstate 81. The project proposes a new partial interchange on 1-81, about 3.5 miles of
new roadway, four new bridges and an active traffic management system.
This project is important to Roanoke County and to the Roanoke Valley because of the
continued expansion of the Virginia Tech Carilion School of Medicine and Research
Institute located in the City of Roanoke. Completion of the Smart Road to 1-81 would
reduce the actual trip length between the Virginia Tech Campus in Blacksburg and
Virginia Tech Carilion in Roanoke by approximately 12 minutes, yielding an average trip
time of 30 to 45 minutes.
Page 1 of 2
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends adopting the attached resolution supporting the New River Valley
Metropolitan Planning Organization's SMART SCALE application.
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, AUGUST 28, 2018
RESOLUTION SUPPORTING A SMART SCALE APPLICATION BY THE
NEW RIVER VALLEY METROPOLITAN PLANNING ORGANIZATION
WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors
reviewed a proposed SMART SCALE project application to extend the Smart Road from
its current terminus to Interstate 81; and
WHEREAS, the Smart Road project is identified in the adopted Regional Study
on Transportation Project Prioritization for Economic Development and Growth (TED
Study); and
WHEREAS, the Board of Supervisors desires to support both local and regional
projects to mitigate congestion, promote economic development, increase accessibility,
safety, and environmental quality, as well as to develop projects consistent with local
land use policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports the following SMART
SCALE project submitted by the New River Valley Metropolitan Planning
Organization:
a. Extension of the Smart Road to Interstate 81
2. That the Clerk to the Board forthwith send a certified copy of this
Resolution to Senator Mark Warner, Senator Timothy Kaine,
Page 1 of 2
Representative Bob Goodlatte, Representative Morgan Griffith, and the
Commonwealth Transportation Board Member, Salem District.
3. That this resolution is effective immediately.
Page 2 of 2
ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
The petition of Michael Sanctuary and Dezaray Allaire to
rezone approximately 5.35 acres from 1-1, Low Intensity
Industrial, District to AG -1, Agricultural/Rural Low Density,
District, located at 4053 Aerospace Road, Vinton Magisterial
District
Philip Thompson
Acting Director of Planning
Thomas C. Gates
County Administrator
Consent agenda item for first reading of an ordinance.
BACKGROUND:
The first reading on this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for September 25, 2018.
The title of this ordinance is as follows:
1. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35
acres from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density,
District, located at 4053 Aerospace Road, Vinton Magisterial District.
DISCUSSION:
There is no discussion on this item.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of this ordinance for the purpose
of scheduling the second reading and public hearing for September 25, 2018.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item(s) 1, and that the Clerk is authorized and
directed where required by law to set forth upon any of said items the separate vote
tabulation for any such item pursuant to this action.
Page 2 of 2
_P:�— l TO I �cS Q:�
County of Roanoke For Staff Use
Community Development
Date received: q Its ltc�
Rices
x
Planning & Zoning
i iIL
Application fee: r ��
P CB
5204 Bernard Drive
.�
r
P O Box 29800
placards issued:
OS date.
Roanoke, VA 24018
(540) 772-2068 FAX (540) 776-7155
Case Number
ALL APPLICANTS
eck type of application filed (check all that apply)
Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review
A plicants name/address w/zip Phone:
Work:
Cell #: MOt-L Il`� a ►1 '.2 Eit
r-i17'� QCAf 1� �C-fi1�;�lSL Fax No_:
nfwner's nam /address w/zip Phone #:
Work:
Fax No. #:
Property Location(
L,( agisterial District 1
�
e(k�"V >mmunity Planning area: `J 1 n 4-0
" S
Tax Map No.: n
C)l _ L)Existing Zoning: /`QCT— k— 1
Size of parcel(s): Acres_9_-_0_'3 Existing Land Use: \J d C cLr\: '
REZONLNG,: SPECIAL'USEPERYIIT, WAIVER AND COMP PLAN (1S.2-2232):REVIEW APPLICANTS (R/S/W/CP)
Proposed Zoning: My — uAkx c,
Proposed Land Use:
Does tjte parcel meet the minimum lot area, width, and frontage requirements of the requested district?
Yes U No C 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 (VIWIAA)
Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance
Appeal of Interpretation of Zoning Map to
Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THIS
ITEMS ARE MISSING OR INCOMPLETE.
3_ .qlq
P/S/W/CP V/AA itlS/W/CP WAA 1i/S/CP V/AA
Consultation 8 112" x 11" concept plan Application fee
Application Metes and hounds description /K Proffers, if applicable
.Justification Water and sewer application Adjoining property owners
I hereby certify that I am either the owner o*perty or the owner's agent or contract purchaser and knowledge and
consent_f the owner.
`w rr's Signature
JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15,2-2232) REVIEW
REQUESTS
Applicant
9
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.
T QCs - I , chi 1 Lvl uf#f0 I�w
\-0 \4\kyn ko rco' Sear Qs .- a\
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County
Community Plan.
atn use o..Cco- ac ► A k 4 r\'"
Ccs 'R-'Cv 34C ro exp , o�C�ex G +tr x , Say 1
1SAk� l'c CJ f cm -6 4hcee4Q"c t %T0
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. 1r' e r. \NC VJ ►,� % � t1,C�1 0.
ecu ( t Zvi;
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CONCEPT: PLAN CHECKLIST "
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict
the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use
or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit
the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by
County permitting regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building
permit. Site plan and building permit procedures ensure compliance with State and County development regulations and
may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or
imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district
and other regulations.
A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance
applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the
nature of the request. The County Planning Division staff may exeriipt some of the items or suggest the addition of extra
items, but the following are considered minimum:
AAL APPLICANTS
m�a. Applicant name and name of development
Date, scale and north arrow
c. Lot size in acres or square feet and dimensions
�Location, names of owners and Roanoke County tax map numbers of adjoining properties
. Physical features such as ground cover, natural watercourses, floodplain, etc.
� The zoning and land use of all adjacent properties
d g. All property lines and easements
-5�1- 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 j. Dimensions and locations of all driveways, parking spaces and loading spaces
Additional information required for REZONLVG and SPECIAL USE PEkVITAPPLICAVTS
N / k. Existing utilities (water, sewer, storm drains) and connections at the site ,off VJ
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 C'r' S �:
1l1 I Ap.
141A q.
Any proffered conditions at the site and how they are d'ddressed
If project is to be phased, please show phase schedule
I certify that all items required in the checklist above are complete.
Signatur of applicant
I-1)+ IA
Date
pOA&
Community Development z Planning & Zoning Division
z
7838
NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC
STREET WAIVER, OR SPECIAL, USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision
Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented
at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the
scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral
agency to adequately evaluate and provide written comments and suggestions on the new or additional
information prior to the scheduled public hearing then the Planning Commission may vote to continue the
petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the
new or additional information and provide written comments and suggestions to be included in a written
memorandum by planning staff to the Planning Commission. The Planning Commission shall consult
with planning staff to determine if a continuance may be warranted.
POTENTIAL, OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision
Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from
the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study
that would be beneficial in making a Iand 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 99, 2005
Name of Petition
Petitioner's Signature
1-0-12
Date
6/22/2018
Unofficial Property Record Card
Unofficial Property Record Card - Roanoke County, Virginia
General Property Data
Parcel ID 090.00-03-34.00-0000
Prior Parcel ID —
Property Owner SANCTUARY MICHAEL F
ALLAIRE DEZARAY
Mailing Address 4053 AEROSPACE RD
City ROANOKE
Mailing State VA Zip 24014
Account Number 41591
Property Location 4053 AEROSPACE RD
Property Use INDUSTRIAL
Most Recent Sale Date 313112017
Legal Reference DB201703292
Grantor WHEELER,KENT A& DARLENE D
Sale Price 73,500
Jurisdiction-ZoningCode- Multiple Zonings Land Area 9.03 - AC
Description
Current Property Assessment
Card 1 Value Building Value 48,200 Xtra FeaturesValue 0 Land Value 45,800 Total Value 94,000
Building Description
Building Style WAREHOUSE
# of Living Units 0
Year Built 1979
Style/Story Height 1.0 STORY
Insulation SUSPENDED - NO
INSULATION
Finished Area (SF) 3216
Number Rooms 0
# of 314 Baths 0
Foundation Type SPREAD FTG
Frame Type PRE -FAB
Roof Structure GABLE
Roof Cover MOD METAL
Primary Ext. Siding MODULAR MTI_
Interior Walls MASNRYIMIN
# of Bedrooms 0
# of 112 Baths 0
Legal Description
TR B PLAT FOR KENT A & DARLENE D WHEELER BACK CREEK
Narrative Description of Property
Flooring Type CONC FINISHD
Basement Floor NIA
Healing Type NONE
Heating Fuel NONE
Air Conditioning 0%
# of Ssmt Garages 0
# of Full Baths 0
# of Other Fixtures 2
This property contains 9.03 -AC of land mainly classified as INDUSTRIAL with a(n) WAREHOUSE style building, built about 1979, having MODULAR MTL exterior and
MOD METAL roof cover, with 0 unit(s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 half bath(s).
vrouercv ima
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Disclaimer: This information is believed to be correct but is subject to change and is not warranteed.
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JAMES 7. JORDAN
ATTORNEY AT LAW
201 S. COLLEGEAVENUE
SALEM, VIRGINIA24153
. ......... .
PREPARED BY AND RETURN TO:
James T. Jordan, VSB# 44212
201 S. College Avenue
Salem, VA 24153
17-11148 CRG
Title Insurance Co.: Fidelity National Title Ins. Co.
Consideration: $73,500.00
Assessed Value: $94,600.00
TAX MAP NO. 090.00-03-34.000000
THIS DEED, made and entered into this 22nd day of March, 2017, by and between
KENT A. WHEELER and DARLENE D. WHEELER, husband and wife, parties of the first
part and hereinafter referred to as the "Grantors"; and MICHAEL F. SANCTUARY and
DEZARAY ALLAIRE, joint tenants with the right of survivorship, whose mailing address is
4053 Aerospace Road, Roanoke, Virginia, 24014, parties of the second part and hereinafter
referred to as the "Grantees."
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand
paid by the Grantees unto the Grantors and other good and valuable consideration, the receipt
whereof is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and
CONVEY, with GENERAL WARRANTY and MODERN ENGLISH COVENANTS OF TITLE
unto the Grantees, MICHAEL E. SANCTUARY and DEZARAY ALLAIRE, joint tenants
with the right of survivorship, all the following -described parcel of land, together with any
improvements thereon, lying and being in the County of Roanoke, State of Virginia, to -wit:
1
JAMES T. JORDAN
ATTORNEY A7 LAW
201 S- COLLEGE AVENUE
SALEM, VIRGINIA 24153
Tract B, containing 9.039 acres, as shown on the Composite Plat for Kent A.
Wheeler and Darlene D. Wheeler, by Philip W. Nester, LS, October 5, 1992,
Revised June 30, 1993, recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Plat Book 15, page 134; and
BEING a portion of the same property conveyed to Kent A. Wheeler and Darlene
D. Wheeler, husband and wife, by deed from James M. Wheeler, dated April 26,
1971, of record in the Clerk's Office of the Circuit Court for the County of
Roanoke, Virginia, in Deed Book 916, page 97.
This conveyance is made subject to all easements, conditions, restrictions and
reservations of record now affecting said property.
WITNESS the following signatures and seals:
IAV�d_ (SEAL)
KENT A. WHEELER
(SEAL)
DARLENE D. WHEELER
STATE OF VIRGINIA )
CITY OF SALEM ) TO -WIT:
The foregoing instrument was acknowledged before me this --� 0 day of March,
2017, by Kent A. Wheeler and Darlene D. Wheeler
My Commission Expires: 3/,3 �/�
Notary Public
2
CKR15TY REKAE GRlSETO
Notary Public
Commonwealth of Virginia
360950
My Commission Expires Mar 31. 201B
INISTRURME-NIT01,703 2
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1
10-10-7s
516
Lots 2 and 3, Section 1, of the R. F. Boxley Estate
lands, Roanoke County, Virginia, as shown by plat
made by C. B. Malcolm, S.C.E., dated August 25, 1.932,
which said plat is of record in the Clerk's Office of the
Circuit Court, Roanoke County, Virginia, in Deed Book
213, page 392.
RE IT FURTHER RESOLVED ANT ORDERED by the Board of County Supervisor
of Roanoke County that pursuant to the provisions of law, that a Special
Exception Permit to operate a used car lot on the heretofore described
property be issued with the stipulation that no truck larger than three-
quarter (3/4) ton be sold on the premises.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a
certified copy of this Final Order to the County Engineer so that the zoning
snaps of Roanoke County may be amended to reflect this rezoning.
The foregoing Order was adopted on motion of Supervisor Terry and
the following recorded vote:
AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS: None
IN RE: PETITION OF KENT ALLEN WHEELER FOR REZONING FROM A-1 TO
M-1 OF A 5 -ACRE PORTION OF A 12.2.05 -ACRE PARCEL ON THE
EAST SIDE OF ROUTE 116 AT WINDY GAP, 0.5 MILE WEST OF THE
ROANTOKE/FRANKLIN COUNTY LIME IN THE VINTON DISTRICT TO
PERMIT THE CONSTRUCTION AND OPERATION OF A STORAGE WAREHOUSE
This request was presented to the Supervisors by Edward A. Natt,
Attorney, who explained that a storage warehouse is proposed on this site for
Mr. Wheeler's insulation business. The building would be 84' by 36'. No
one appeared in opposition.
P'TXrAT APT1RR
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of County
Supervisors of Roanoke County, that pursuant to the provisions of law, the
10-10-78
property of Kent Allen Wheeler; thence N. 0° 26' 50" W. 260.25
feet to a point; thence N. 50 04' 45" E. 122.11 feet to a point;
thence N. 36° 59' 30" W. 191.17 feet to a point; thence N. 320
52' 10" W. 40 feet, more or less, to a point; thence with a new
line through the property of Kent Allen Wheeler S. 44° 03' 40"
W. 575 feet, more or less, to the place of beginning and
containing 5 acres, more or less, being a portion of a 12.203
acre parcel as shown on a plat prepared by David Dick and Harry
A. Wall under date of March 22, 1971.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a
certified copy of this Final Order to the County Engineer so that the zoning
maps of Roanoke County may be amended to reflect this rezoning.
The foregoing Order was adopted on motion of Supervisor Park and
the following recorded vote.
AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS: None
IN RE: REQUEST OF BERNARD N. AND ETHERL M. WEBB FOR RENEWAL
OF THEIR SPECIAL EXCEPTION TO PARK A MOBILE HOME ON
A 1.4 -ACRE TRACT ON THE NORTH SIDE OF ROUTE 615, 0.25
MILE EAST OFF ROUTE 220 NEAR THE FRANKLIN COUNTY LINE
IN THE RED HILL SECTION OF THE CAVE SPRING DISTRICT.
No one was present at the hearing on behal of the applicants. There
was no opposition to this renewal request.
Since there was no opposition and taking into consideration that this
is a renewal, Supervisor Johnson moved that the renewal request of Bernard
and Ethel Webb be approved beginning July 13, 1978, subject to the provisions
of the County Zoning Ordinance as it pertains to mobile homes, which motion
was adopted unanimously.
IN RE: REQUEST -OP MRS. EFFIE POFF FOR RENEWAL OF HER SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A 2.39 -ACRE TRACT
30 FEET FROM THE RIGHT OF WAY AT 1605 HIRAM STREET, OFF
RIVERDALE ROAD IN THE VINTON DISTRICT (MOBILE HOME IS
OCCUPIED BY WILLIAM R. LOONEY)
9-12-700
4.8 "
(4) Petition of Kent Allen Wheeler for rezoning from A-1 to 14-1 of a
5 -acre portion of an 11 -acre tract on the east side of Route 116
at Windy Gap, about 1/2 mile west of the Roanoke/Franklin County
line so that a storage warehouse may be constructed thereon.
(5) Petition of Gordon M. Voldahl for rezoning from A--1 to B-3 of 0.84
acre located on the west side of Route 221 at Bent Mountain, about
1/2 mile north of Adney Gap. Rezoning is requested so the existing
restaurant and gas station buildings, which have been vacant for
several years, may be refurbished and operated by the petitioner.
(6) Petition of Carl R. and Saundra M. Davis for rezoning from M-2
to.R-1 of about 1/3 acre on the west side of State Route 858, 355
feet south off U. S. Route. 11-460 at State Police headquarters west
of Salem. Rezoning is requested because petitioners wash to build
an addition onto the existing dwelling.
(7) Petition of Albert, Nadine, and William Salem for rezoning from A-1
to M-1 of 1..69 acres in Viewpoint Heights Subdivision located on
the southeast side of State Route 796 (Old Lee Highway) about 1,600
feet southwest off U. S. Route 11-460 west of Salem,
(8) Petition of Pioneer Carper and Floor Covering, Inc. for rezoning
from B--1 to B-2 of 1.4 acre located on the east side of Route 220
at its intersection with Route 676, about 200 yeards south of the
Red dill Church of the Brethren so a carpet shop may be operated
thereon.
IN RE: RESOLUTION NO. 2123 SUPPORTING AN AMENDMENT TO THE
PAYMENT IN LIEU OF TAXES ACT
WHEREAS the Congress of the United States has previously enacted
the payment in Lieu of Taxes Act (P. L. 94-565); and
WHEREAS the purpose of this Federal legislation was to at least
partially compensate local governments for the large quantities of National
Park and other Federally owned, tax-exempt land removed from local tax rolls;
and
WHEREAS there are approximately 2,774 acres of National Park Land
in Roanoke County; and
WHEREAS, as a result of interpretation by the Secretary of the
Interior of certain portions of the Payment in Lieu of Taxes Act, only 75
acres of these lands in Roanoke County are entitled to Federal payments; and
WHEREAS amendments to the Payment in Lieu of Taxes Act have been
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ACTION NO.
ITEM NO. F.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:
August 28, 2018
The petition of Southwest Virginia Wildlife Center of
Roanoke, Inc. to obtain a Special Use Permit in a AR,
Agricultural/Residential, District to construct buildings on a
parcel without public road frontage per Section 30-23-5(B) of
the Roanoke County Zoning Ordinance on 2.85 acres,
located at 5985 Coleman Road, Cave Spring Magisterial
District
Philip Thompson
Acting Director of Planning
Thomas C. Gates
County Administrator
Consent Agenda item for first reading of an ordinance.
BACKGROUND:
The first reading on this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for September 25, 2018.
The title of this ordinance is as follows:
1. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a
Special Use Permit in a AR, Agricultural/Residential, District to construct buildings on a
parcel without public road frontage per Section 30-23-5(B) of the Roanoke County
Zoning Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave Spring
Magisterial District.
Page 1 of 2
DISCUSSION:
There is no discussion on this item.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of this ordinance for the purpose
of scheduling the second reading and public hearing for September 25, 2018.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item(s) 2, and that the Clerk is authorized and
directed where required by law to set forth upon any of said items the separate vote
tabulation for any such item pursuant to this action.
Page 2 of 2
County
of Roanoke
vz- 18OQ !S- qt5--
For Staff Use Only
Community Development
Date received:
Received by:
Planning & Zoning
0-� -•Q - 1013
Ni' c• C
Application fee;
PCBZA date:
0 `
5204 Bernard Drive
Placards issued:
130S date: 1
P O Bax 29800
Roanoke, VA 24018
�j
(540) 772-2068 FAX (540) 776-7155
Case Number
—,5-IQ�
tA
ALL APPLICANTS
Check type of application filed (check all that apply)
❑ RezoningSpecial Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review
Applica6,� Phone:
t Ake, Work: _-
'i-cl b C) CO le CL11 [CJ Cell #:
Fax No.:
04) 7-011
Owner's name/addresssw/zip Phone #: -12-5 - T9 5
6q b5 Lillj- riia11 Work:
5015 Fax No. #: Ig Z 5 - q 0
Property Loc t'a, n
Jr �[ IY1(�! j!�l ►
Magisterial District: CI
vA-
Community Planning area: 15,1016
Tax Map/IVj�� �ry DLICD 7- 10 rExisting
Zoning: I) — }k -
Size of parcel(s): Acres: aclxr2
t Existing Land Use:
REZONING, SPECIAL USE PERMIT;" WAIVER AND. COMP'PLAN (15.2-2232) REVIEW APPLICANT'S (R/S/W/CP).
Proposed Zoning: -j,,V: %y�`L
Proposed Land Use: i l
Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
Yes ❑ No ❑ 1F NO, A VARIANCE IS REQUIRED FIRST. 9- E 5
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, WAIVERAND ADIYIINISTRATIVEAPPEAL APPLICANTS (V/W/AA)
Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance er to:aw,
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 r e'j
Is the application complete? Please check if enclosed. APPLICATION WILL NOT 13E ACCEP'
ITEMS ARE MISSING OR INCOMPLETE.
R/S/W/CP V/AA R/S/W/CP V/AA
Consultation 8 112" x 11" concept plan
Application Metes and bounds descril
Justification E4 Water and sewer appiie t
I hereby certify that I am either the owner of the property or the owner's ag r
consent f the owner. j
VIAA
Application tee
Proffers, if applicable
Adjoining property owners
aser and am acting with the knowledge and
i"
Owner's Signature
2
I
CONCEPT PLAN CHECKLIST
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict
the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use
or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit
the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by
County permitting regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building
permit. Site plan and building permit procedures ensure compliance with State and County development regulations and
may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or
imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district
and other regulations.
A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance
applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the
nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra
items, but the following are considered minimum:
ALL APPLICANTS
a. Applicant name and name of development
b. Date, scale and north arrow
c. Lot size in acres or square feet and dimensions
d. Location, names of owners and Roanoke County tax map numbers of adjoining properties
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 REZONING and SPECIAL USE PERMIT APPLICANTS
k. Existing utilities (water, sewer, storm drains) and connections at the site
I. Any driveways, entrances/exits, curb openings and crossovers
m. Topography map in a suitable scale and contour intervals
n. Approximate street grades and site distances at intersections
o. Locations of all adjacent fire hydrants
p. Any proffered conditions at the site and how they are addressed
q. If project is to be phased, please show phase schedule
I certify that all items 4equir�4 i i he checklist above are complete.
Signature of
l
- '�Iq Date
0
Community Development Ary Planning & Zoning Division
f 38
POTENTIAL OF NEED FOR T AFFIL 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 residentlaf 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
c 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
Effeetive da to: April 19, 2D05
151
¢ A Al
Community Development Planning & Zoning Division
z
a�
1838
NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC
STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision
Waiver, Public Street 'Waiver or Special Use Permit petition if new or additional information is presented
at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the
scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral
agency to adequately evaluate and provide written comments and suggestions on the new or additional
information prior to the scheduled public hearing then the Planning Commission may vote to continue the
petition. This continuance shall allow 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 TkAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision
Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from
the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study
that would be beneficial in making a land use decision. (Note: a list of potential land uses and situations
that would necessitate further study is provided as part of this application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required
traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the
planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified
of the continuance and the newly scheduled public hearing date.
Effective date: April 19„ 2005
(ev)kA�(Mft-oiq
Plain P ' ti n
Petit! ner's Sig tare
-el 9
ete
The property located at 5985 Coleman Road is currently zoned AR and falls under Article III -District
Regulations, Section 30-3-2. AR Agricultural/Residential District Permitted Uses. (A) Commercial Uses -
Veterinary Hospital/Clinic. The Building located at 5985 is currently used as a Wildlife Veterinary Clinic.
The nonconforming development on the 2.85 acres falls within the applicable use and design under the
District regulations Section 30-23-5- Nonconforming Lots of Record. Expansion is allowed providing the
county reviews and grants a special use permit set forth in the standards and procedures contained in
Section 30-19 of this ordinance.
The impact on the property at 5985 Coleman Road is minimal. The proposed primary Raptor building will
be situated beyond the set back line stated in 30-34-3 Site Development Regulations. The building will
also be located over 31 feet behind the building line. The selected location will be 31 feet from the side
yard meeting the regulation. The height is 20 feet which is less than the maximum of 45 feet in height
per the regulations. The total building coverage, including accessory structures, is approximately 6.5%
which remain well below the maximum allowable (25%) by zoning code for this district. Additionally,
the total proposed lot coverage is approximately 14.8% which also remain well below the maximum
allowable (50%) by zoning code forthis district. Thee totals are based off the total surveyed lot acreage
of 2.854 acres (124,327s.f.).
The impact to allow the wildlife center's expansion of a primary building is minimal. As stated in the
above paragraph the building meets all requirements, and is smaller than the allowed size. The building
is a state of the art design, becoming an asset to the Roanoke County and the community. The request
for a building is necessary to lessen the time needed to rehabilitate raptors, and the time each hawk or
owl spends at the veterinary center. It allows for multiple species to receive necessary flight time at the
same time, building pectoral muscles and stamina for release and returning vital wildlife much quicker
to their original habitat and allowing the species to continue to flourish.
Impacting the private well on the property will increase only slightly, raptors are not large consumers of
water, typically they only bathe, and the wildlife is already in our care at the center. A fence was added
on one side of the driveway nearest the closest adjoining neighbor after we opened to lessen the view.
These neighbors actually expressed how disheartened they were when the fence was placed between
our properties; they actually expressed a desire to watch our rehab efforts, especially after the
numerous improvements made to the site and building. Roanoke County Animal Control, Conservation
Officers and the Police Department will still be able to use our facility as they do now, for dropping off
injured or orphaned wildlife in need of our services. The wildlife center greatly benefits the
environment: County, Parks, and Greenway with our release of species in decline. The center's rehab of
endangered, threatened and migratory species has a profound effect on our environment and well-
being. Southwest Virginia Wildlife Center of Roanoke is an asset that few localities have. The public's
need for wildlife care has been met and daily, their gratification is expressed for our volunteer work and
hours provided free for the community. The center provides invaluable education programs to the area
elementary and middles schools, churches and civic groups and is in and growing demand,
teaching the youth about their environment and wildlife and coexisting.
When an injured or orphaned wild animal is admitted the patient is placed in an appropriate sixed
containment. Depend on the needs the animal maybe placed in ICU for intensive treatment and
possible surgery, x-rays. The animal is moved to the appropriate room to be housed with similar species.
Once the animal is at the proper stage (age) or eating on its own, it is then placed outside in appropriate
sized building for that species to flourish, while gaining strength for release. This stage is necessary for
the animal's viability in nature. Once the patient is deemed releasable by the staff veterinarian or the
Category III, they are taken back to the location of rescue or a suitable habitat for release; returning
needed and declining species that help decrease our foot print on our environment and the cycle of life.
Different sized buildings are required for different.species. We do not place a Buteo (one species of
hawk) in a 10' X 10' cage; it requires an area larger than its wing span to strength pectoral muscles
required for capturing small mammals and rodents. We following building requirements set forth by the
VDGIF and USFWS.
The Special Use is in accordance with the current and approved use of the property at 5985 Coleman
Road. Requesting a special use permit for a primary building to house raptors will allow the center to
properly exercise native species and return them to their proper habitat in a timely manner. The
building is less than what the Special Use Permit allows. The building will be built by a Class A contractor.
This property was vacant and in need of many repairs when purchased in 2013. The center continually
maintains the grounds and building. In 2017 the center was awarded Federal Money from an
environmental lawsuit against a local company. The United States Attorney then selected our center as
beneficiary, due to our work with raptors. Precedent was set in State of Virginia when the center was
awarded the Federal funds for Capital improvements to the veterinary clinic. The government felt the
money for the damages inflicted in our area, should stay here..
The addition of a raptor building is in the best interest of the community, assuring the County of
Roanoke is investing in the diverse and threatened wildlife needed to sustain a healthy environment in
Roanoke County. The wildlife veterinary center is vital to'the County of Roanoke community, providing
necessary help and solutions to wildlife conflict.
The building will not be detrimental to the surrounding community. The property at 5985 Coleman Road
has been in use as a Wildlife Veterinary Center since 2014, serving the community, receiving wildlife
from the public of Roanoke County, Animal Control to Conservation Officers in need of our services. The
building will be high quality, enhancing the wooded and natural loon of the property currently Zoned AR.
Height of 20 feet is less than the allowed.45 feet per the regulations and less than a two story home. The
center at 5985 Coleman Road is located at the end of Coleman Road. The addition of a building of this
quality will not affect any adjoining properties. The center's acreage is surrounded on three sides by
properties zoned AR with outdoor building on each. One side is a residential area and a privacy fence
was placed between these properties.
Supporting the request, Southwest Virginia Wildlife Center of Roanoke went to extra steps to acquire
plans for a quality and ecstatically pleasing building. The cost to build this building exceeds $82,000.00,
and the center has made applications for grants and private funding to complete this state of the art
building. $55,000.00 has been granted to begin the building and the public is already sending in
donations ear marked for this project. Plans were selected with care to make this a professional and
quality project that will not affect any surrounding areas. Adjacent properties have outdoor buildings
and sheds that do not reflect the high standard or appearance of this building.
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TKIS 8 , s of �iR3 s .aha 5th," iy tf Augf s.t, .1958; ,�r
,between. falter; d. Yl rtin,' o ri Od,' party of the iirat
pu -t;, aid slbort Ait®ra martin" and 21isabathl Fnlliarj Mirtin,.
husband"and wife, as tanalit a'by the entirety with th® right
pf surTit�arship, p rtias of 'tho. iecoud part;
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THAT FOR AND IUCONSIDIMATION of e sun of TEN DOLLARS
($10.AU) cash and other gond .d valuable•co"ideratiin paid
by the parties Of-.. auto. part unto" the :party of the
first,part, the roc'eipt wkereif is hereby adkikswle:dgod,
l.'za°
Walter J. rtin,,>arried; ,party of the first part doth
hereby bar iia, s®11, grace and convey wpi.th 'aorenants of
!'
General Warranty 'of Title tmto. Albert Akers Martirx and
f. .:
Eli zabeth )Faller ']Martin, husband ,and --wife, as tenants by the'
entirety with tiie . right: of survivorship, as at: 'cion lawj an
as provided' for under the lavas and statutes . of Virginia*
�
Parties of "the,sioond :pert, all of that certain lot or
parcel of land located in -the .'Comty of Roanoke; Virginia,,
and more - particularly described :`As fall s; to -grit:
B�f3I 1iI ( at an gold •iro* pipe .at Corner NO." l
by a .chestaut...stmp at the �ssuthpest corner 'of Vri�ht
property; 'tk4nde with., the: northuost line, of .Thomas:
Beasley property.., 61• -1.5,, W. ':261.08 feet to an:
flet
iron pin. cirhor. , sot b tueeA'Papiar SUMPS 3
apart at, -C or ;go.. 2a thinow cai�tinuing with the
north line of the: Thos4o Beasley, preperty N. 750..
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45' Wo. 300A Foot -to an .iron'pita. at Corner No... 3;
thande ;with. two der+ dieidi6a lines and with the easterly
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terminus Qf a 3.0-foot.'widtk readright-ef-way to',be-
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east corner. of said road right-of!at 30 feet in ."
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al]p a -to. U"dist0ao it>310.0 . feat toir. bh pia at
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iron pia at the.. SoXtisw.oeft. line of. Wright, property at
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interest in whioh was con'To ad to Walter J. bArtin by
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1952. • of record i:a- the:"<.Qlsirk�s Off' 04' of the
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Circuit Cioat't o It ,CeMty; .Virginia,. in
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To Whom It May Concern:
The Southwest Virginia Wildlife Center provides veterinary care and rehabilitation
for injured, orphaned, and sick native wildlife As the veterinarian of record for the
facility, it is my responsibility to see that we provide the best medical care possible
within the constraints of our resources. That includes from the time an animal is
admitted to our facility until it is released back to the wild, transferred to another
permitted facility, or humanely euthanized.
In captivity, wild animals not only have to endure the extent of their injuries, but
also the stress of being vulnerable to predators (the humans who are trying to
help them). Birds have a high rate of metabolism compared to mammals. They
lose muscle tone and stamina rapidly as a result of being in captivity. Song birds
must be able to evade predators and the predators such as raptors (birds of prey)
have to be able to catch prey to survive. As a result, the flight conditioning to
increase strength and stamina is an essential part of the medical treatment that
we need to provide.
Southwest Virginia Wildlife Center needs a large raptor flight building to give our
patients the best chance possible at returning to the wild by providing the
necessary flight conditions to strengthen muscle tone and improve stamina. It
would also provide a large enough space to determine if the raptors can hunt. We
only release birds who can sustain appropriate flight for their species and who can
feed themselves successfully.
Jncerely,
Diane H. D'Orazio, DVM
Southwest Virginia Wildlife Center
5985 Coleman Rd.
Roanoke, Va. 24018
Work: 540-798-9836
Cell: 540-797-9886
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH PROFESSIONS
David E. Brown, D. C., Director
9960 Mayland Drive, Suite 300
Leslie L. Knachel, MPH Board of Veterinary Medicine Henrico, VA 23233-1463
ExecwNe Director m tiirn,.dhp.virginia.gov/vet
(804) 367-4497
Veterinary Establishment - Restricted
Wildlife Rehabilation Center
Southwest Virginia Wildlife Center
5985 Coleman Rd
Roanoke VA 24018
Veterinarian -in -Charge
DIANE H. D'ORAZIO
0301002897
Number
Expires 0340005422
121311s018
For Information About This License, visit our website: wwwAhp.virgima.gov
To File a Complaint About a Licensee, Call: 1-800-533-1560
REGISTERED ANIMAL FACILITY
SCOPE OF PRACTICE RESTRICTED
❑ NO SURGERY
BOARD OF VETERINARY MEDICINE
Department of Health Professions
Perimeter Center
9960 Mayiand Drive, suite 3000
Henrico, VA 23233-1463
Southwest Virginia Wildlife Center
Name of Facility
LIMITED SERVICES ONLY
FARM AMBULATORY
0 HOUSE CALL
❑ OUTPATIENT
r7 WILDLIFE
❑ NO HOSPITALIZATION
--- Must Be Posted Conspicuously --
M NO BOARDING
DATE OF ISSUE: 07/06/2015
COMPLAINTS AGAINST HEALTH CARE
PRACTITIONERS: 1-500-533-1560
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Who lives at 6517 Brookhaven Ct, Roanoke VA I Homemetry
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Single Family Residential
4 beds 2 baths Lot: 0.33 acres
PUBLIC RECORDS
Facts
Built in 2000
Exterior walls: Combination
Lot size: 0.33 acres
Basement: Improved Basement (Finished)
Bedrooms- 4
Foundation: Footing
Bathrooms: 2
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Go,-gle
Who lives at 6517 Brookhaven Ct, Roanoke VA I Homemetry
View Neighbors
Single Family Residential
4 beds 2 baths Lot: 0.33 acres
PUBLIC RECORDS
Facts
Built in 2000
Exterior walls: Combination
Lot size: 0.33 acres
Basement: Improved Basement (Finished)
Bedrooms: 4
Foundation: Footing
Bathrooms: 2
https alhome metryecomlhouse/6517+BROOKHAV EN+CT,+Roanoke+VA
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Concept Plan
A.) Sabrina Garvin, Executive Director
Southwest Virginia Wildlife Center of Roanoke
B.) March 2, 2018,
C.) 2.85 acres or 124,146 square feet
D.) 5985 Coleman Road, Roanoke, VA 24018
Owners: 5985 Coleman Road, LLC
Tax Map # 096.08-02-03.00-0000
Adjoining properties:
5423 Crystal Creek Road, James Holladay
Tax Map # 096-08-02-01.00-0000 Zoned AR
5423 and 5485 Crystal Creek Road, Nick Beasley
Tax Map # 096.02-01.05-0000 Zoned AR
6517 Brookhaven Court, Brian and Jocassa Loop
Tax Map # 096.08-04-16.00-0000, Zoned PRD
6513 Brookhaven Court, Richard Lovegreen
Tax Map # 096-08-04-1700-0000 Zoned PRD
6521 Brookhaven Court, Jim and Kim Bradshaw
Tax Map# 096.08-04-05.00-0000 Zoned PRD
6523 Brookhaven Court, Big Lick Ventures, Charles and Sara Crocket
Tax Map # 096.08-04-14.00-0000 Zoned PRD
5960 Coleman Road, Mr. & Mrs. Stan Seymour (purchased 2018)
Tax Map # 096.08-02-02.00-0000 Zoned AR
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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:
August 28, 2018
Ordinance authorizing the granting of a new public drainage
easement to the Board of Supervisors of Roanoke County
on property owned by Ms. Ellen Smith Ryan, Tax Map No.
087.05-04-17.00-0000 for the purpose of facilitating
Stormwater Management
Tarek Moneir
Acting Director of Development Services
Thomas C. Gates
County Administrator
Ordinance authorizing the granting of a new public easement by Ellen Smith Ryan to
the Board of Supervisor of Roanoke County tax map no. 087.05-04-17.00-0000 for the
purpose of facilitating storm water management, Cave Spring Magisterial District.
BACKGROUND:
Ms. Ellen Smith Ryan is granting a variable width, 1,521 sq. ft. public drainage
easement located on Tax Map No. 087.05-04-17.00-0000 shown upon the plat titled
"Easement Plat Showing New Public Storm Drain Easement situate 3807 Bell Meade
Drive, Lot 7, Block 1" dated 1 May 2018 as shown in the attachment.
This drainage easement is needed to complete the previously planned and funded Belle
Meade drainage project. The Belle Meade drainage project is a revenue sharing, storm
drain improvement project jointly funded by the County of Roanoke and the Virginia
Department of Transportation. It is "Phase II" of a project completed in October of 2011;
which will bring the drainage system in the area to current design standards including
the construction of an adequate outfall to a natural watercourse.
Page 1 of 2
DISCUSSION:
The plans for this project as they affect Ms. Ryan's property have been fully explained
to Ms. Ryan and her authorized representative. Once this stormwater easement is
accepted by Roanoke County, the continued maintenance will be the responsibility of
Roanoke County. The Department of Community Development is in concurrence with
this request.
There have been no changes since the first reading held on July 24, 2018.
FISCAL IMPACT:
Other than One Dollar ($1.00) paid in hand at and with the execution and delivery of the
attached Deed, there is no fiscal impact associated with this agenda item. The County
currently maintains the existing stormwater easement. This expansion of the easement
will not impact maintenance costs.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 2 of 2
TAX. #087.05-04-05.00
EX. 12' WIDE
P.U.E.
r
"Attachment A"
TAX. #087.05-04-03.00
EX. VARIABLE1� D'
W16TN D.E. I o
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18.0' r
NEW VARIABLE
WIDTH DRAINAGE
Lo
EASEMENT I o
I 0,521 S.F.) I N
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TAX #087.05-04-16.00 0 ! TAX #087.05-04-18.00
LOT 6, BLOCK 1 0 ! LOT 8, BLOCK 1
BELLE MEADE! PROPERTY OF BELLE MEADE
z I ELLEN SMITH RYAN
I ' ! TAX #087.05-04-17.00
EXIST. 10' WIDE I I LOT 7, BLOCK 1
DRAINAGE q55'1 BELLE MEADE, P.B. 3, PG. 286
EASEMENTW.B. 201800007
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< N.88'3400 . ,�1oa,ao --
BELLE MEADE DRIVE
VA SEC. RTE. 1633 - 50,R.O.W.
NOTES:
1. REFERENCE: BELLE MEADE, RECORDED IN P.B. 3, Pg. 286
2, THIS PLAT IS BASED ON A CURRENT FIELD SURVEY.
3, THE SUBJECT PROPERTY LIES WITHIN ZONE "X" AS SHOWN ON THE FEMA
FLOW INSURANCE RATE MAP PANEL NO. 51161CO232`0, DATED SEPT 28, 2007.
a4►�'�H of vj
FRANK B. CALDWELL,III
LIC. NO. 1335
/ MAY 18 J
DATE: 05/01/18
W.O.: 16-0012
N.B.: RkeCo #3
SCALE: 1"= 40'
CALC: J.V.J.
DRAWN: J.V.J.
CLOSED: J.V.J.
CHECKED: F.B.C.
EASEMENT PLAT
FOR
COUNTY OF ROANOKE
SHOWING NEW PUBLIC STORM DRAW EASEMENT
SITUATE 3807 BELLE MEADE DRIVE
LOT 7, BLOCK 1
BELLE MEADE, P.B. 3, PG. 286
COUNTY OF ROANOKE, VA.
!rCWA
CALDWELL .WHITE ASSOCIATES
ENGINEERS / SURVEYORS / PLANNERS
4203 MELROSE AVENUE, NW
P.O. BOK 6260
ROANOKE. VIRGINIA 24017
(640) 366-3400 FAX: (640) 366--8702
"Attachment B"
Exemption claimed: Roanoke County is exempted from
recordation taxes and fees pursuant to
Section 17.1-266, Code of Virginia
Prepared by: County Attorney's Office
Tax Map No. 087.05-04-17.00-0000:
THIS DEED OF EASEMENT made this day of
(I Z 2018, by and between ELLEN SMITH RYAN, Grantor, and the
BO RD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political
subdivision of the Commonwealth of Virginia, Grantee.
WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00), paid in hand at
and with the execution and delivery of this Deed, and other good and valuable
consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged,
the Grantor does hereby GRANT and CONVEY unto the Grantee, its successors and
assigns, the following described new variable width storm drainage real estate
easement:
A perpetual RIGHT of EASEMENT, of variable width, containing 1,521
square feet, to construct, install, improve, operate, inspect, use, maintain,
monitor, and repair or replace a variable -width DRAINAGE EASEMENT,
together with related improvements, including slope(s), if applicable,
together with the right of ingress and egress thereto from a public road,
upon, over, under, and across a tract or parcel of land belonging to
Grantor, shown upon the Plat entitled "Easement Plat Showing New
Public Storm Drain Easement situate 3807 Belle Meade Drive, Lot 7,
Block 1" dated 1 May 2018 and prepared by Caldwell White Associates,
P.C., said parcel designated on the Roanoke County Land Records as
Tax Map Number 087.05-04-17.00. The location of said easement is more
particularly described on the Plat attached hereto as "Exhibit A" and by
reference incorporated herein.
Page 1 of 4
The "Variable -Width Drainage Easement" containing 1,521 square feet being for
the installation and maintenance of a new drainage easement and to allow for
,1
necessary grading and storage during any phase of construction, reconstruction, repair
or replacements of the improvements to the drainage system, the location of which is
set forth on the Plat (Exhibit A).
The Grantee agrees to restore and repair any actual damage to Grantor's
property that may be directly caused by the construction, reconstruction, or
maintenance of said project except as hereinafter provided. The Grantor agrees that
the Grantee will not be expected to restore the property to the identical original
condition, but rather as near thereto as is practicable, and that the Grantor will
cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents
have the right to inspect the easement herein granted and to cut, clear, and remove all
trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or
adjacent to said easement that in any way endanger or interfere with the proper use of
the same. The Grantor covenants that no building or structure shall be erected upon or
within the easement herein granted or placed in such location as to render said
easement inaccessible. In the event that this covenant is violated, the Grantee shall not
be obligated to repair, replace, or otherwise be responsible for such improvements if
damaged or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect
Grantor's property have been fully explained to Grantor or Grantor's authorized
representative. The fixtures, facilities, lines, utilities, and any other improvements
Page 2 of 4
placed upon, under, or across the easement by the Grantee shall remain the property of
the Grantee. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for itself, and for its successors and assigns
that the consideration aforementioned and the covenants herein shall be in lieu of any
and all claims to compensation and damages by reason of the location, construction,
operation, maintenance, or reconstruction of or within the easement area.
The grant and provision of this Deed of Easement shall constitute a covenant
running with the land for the benefit of the Grantee, its successors and assigns forever.
To have and to hold unto the Grantee, its successors and assigns forever.
Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby
joins in the execution of this instrument to signify the acceptance by said Board of
Supervisors of the interest in the real estate conveyed herein pursuant to Ordinance No.
adopted by the Board of Supervisors of Roanoke County, Virginia, on the
day of , 2018.
Approved as to form;
Mary Beth Nash
Senior Assistant County Attorney
Page 3 of 4
WITNESS the following signatures and seals:
ELLEN SMITH RYAN
Commonwealth of Virginia
County of Roanoke, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this C- day of
2018, by Ellen Smith Ryan, Grantor.
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Notary Public ,•,,.k. "",
My commission expires: r� '•`'t`..'.,'...`,, 'i •s
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BOARD OF SUPERVISORS OF '•.,•• '``•�•.••..••••'•l*,a•
ROANOKE COUNTY VIRGINIA Lam..••'"
Thomas C. Gates, County Administrator
Commonwealth of Virginia
County of Roanoke, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
'2018, by Thomas C. Gates, County Administrator, on behalf of the
Board of Supervisors of Roanoke County, Grantee.
My commission expires:
Notary Public
Page 4 of 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2018
ORDINANCE AUTHORIZING THE GRANTING OF A NEW PUBLIC
DRAINAGE EASEMENT BY ERNESTINE SMITH TO THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY
ELLEN SMITH RYAN (TAX MAP NO. 087.05-04-17.00) FOR THE
PURPOSE OF FACILITATING STORM WATER MANAGEMENT
WHEREAS, the Roanoke County has requested that Ellen Smith Ryan ("Ryan")
grant the County a new variable one thousand five hundred twenty-one square foot public
drainage easement across Ryan's property in the County (Tax Map No. 087.05-04-17.00)
said new drainage easement to adjoin an existing culvert currently located on the same
parcel; and
WHEREAS, the new public drainage easement will facilitate storm water
management along Belle Meade Drive, which is a residential area; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 24, 2018, and the second reading and
public hearing was held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County shall acquire a new twenty -foot public drainage easement
across property belonging to Ryan, adjacent to Belle Meade Drive, more specifically
identified on Tax Map No. 087.05-04-17.00, containing 1,521 square feet and shown on
the attached plat prepared by Caldwell White Associates, dated May 1, 2018, and such
conveyance is hereby authorized and approved.
Page 1 of 2
2. That the County Administrator, or any Assistant County Administrators,
either of whom may act, are authorized to execute, deliver and record the deeds, and any
other documents on behalf of the County and to take all such further action as any of
them may deem necessary or desirable in connection with this project. The form of the
deed is hereby approved with such completions, omissions, insertions and changes as
the County Administrator may approve, whose approval shall be evidenced conclusively
by the execution and delivery thereof, all of which shall be approved as to form by the
County Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. G.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:
BACKGROUND:
August 28, 2018
Ordinance amending the Code of the County of Roanoke, by
amending and re-enacting Chapter 21 Taxation, Article III --
Real Estate Taxes, Section 21-42 -- Moratorium on the
granting of Exemptions from Real Estate and Personal
Property taxes by designation
Peter Lubeck
Senior Assistant County Attorney
Thomas C. Gates
County Administrator
Roanoke County, pursuant to directives and permissions set forth in the Constitution
and Code of Virginia, grants annual tax exemptions to certain qualifying individuals and
owners of real property.
At present, the County provides exemptions to the following individuals in the amount
of approximately $909,424 per year:
1) Disabled veterans ($584,764 estimated revenue impact in 2018);
2) Surviving spouses of members of armed forces killed in action ($2,767 estimated
revenue impact in 2018); and
3) Elderly and disabled individuals ($321,893 estimated revenue impact in 2018).
Exemptions are also provided to the owners of the following categories of real property
in the amount of approximately $14,523,048 per year:
4) Properties which are eligible for "land use" assessments (properties used for
agricultural, horticultural, forestal, etc. purposes are taxed at "use value" instead
of fair market value) ($1,795,218 estimated revenue impact in 2018);
Page 1 of 2
5) Properties exempt by "classification" by the General Assembly (the General
Assembly has set forth certain types, or classes, or organizations (such as
religious or charitable organizations) that are exempt from taxation) ($12,002,745
estimated revenue impact in 2018); and
6) Properties exempt by "designation" (the General Assembly (prior to January 1,
2003) and the Board of Supervisors (after January 1, 2003) have approved
exemptions by designation for 8 organizations in total) ($725,085 estimated
revenue impact in 2018).
The proposed moratorium would affect only new designations (pursuant to the above
noted category 6). Prior to January 1, 2003, when certain charitable organizations did
not qualify for tax exemption under the classes established by the General Assembly
(pursuant to category 5 above) the General Assembly occasionally, with the
recommendation of localities, designated the real property of such organizations as tax
exempt. After January 1, 2003, the General Assembly placed the authority to make
additional designations with the localities, in the localities' discretion. Section 58.1-3651
of the Code of Virginia sets forth criteria that a local governing body shall consider when
reviewing an application for tax exemption by designation. Such criteria include "the
revenue impact to the locality and its taxpayers of exempting the property" and "any
other criteria, facts, and circumstances that the governing body deems pertinent to the
adoption of such ordinance."
DISCUSSION:
If the Board imposes the proposed moratorium, individuals and property owners may
continue to remain or become eligible for all of the above exemptions except for new
"designations" by the Board of Supervisors.
There have been no changes since the first reading on July 24, 2018.
FISCAL IMPACT:
At present, no new applications for exemption by designation have been filed with the
Commissioner of Revenue.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 28, 2018
ORDINANCE AMENDING THE CODE OF THE COUNTY OF ROANOKE,
BY AMENDING AND RE-ENACTING CHAPTER 21 TAXATION,
ARTICLE III -- REAL ESTATE TAXES, SECTION 21-43 -- MORATORIUM
ON THE GRANTING OF EXEMPTIONS FROM REAL ESTATE AND
PERSONAL PROPERTY TAXES BY DESIGNATION
WHEREAS, Pursuant to section 6(a)(6) of Article X of the Constitution of Virginia
and to § 58.1-3651 of the Code of Virginia, the County by ordinance may by designation
exempt from real or personal property taxes, or both, the real or personal property, or
both, owned by a non-profit organization that uses such property for certain purposes;
and
WHEREAS, The Board of Supervisors finds the costs of providing municipal
services has been continually increasing over the past years; and
WHEREAS, The Board further finds that it is the announced policy of the
Commonwealth of Virginia and the County of Roanoke to distribute the tax burden
uniformly, fairly and upon all property.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
1. The Code of the County of Roanoke is amended and re-enacted by
inserting the following Section into Article III of Chapter 21:
Sec 21-43. Moratorium on the granting of exemptions from real estate and personal
property taxes by designation.
(a) After the date of adoption of this ordinance, the Commissioner of Revenue shall
not accept or continue to process any applications filed by non-profit organizations
Page 1 of 2
seeking exemption from taxation by designation pursuant to Section 58.1-3651 of
the Code of Virginia.
(b) The Commissioner of Revenue may receive applications from any organization
which claims exemption under Articles 1 through 4 of Chapter 36 of the Code of
Virginia. Applications for exemption under existing classifications shall be reviewed
to determine if the organization qualifies for an existing classification exemption.
(c) This moratorium on acceptance and/ or processing of any applications filed by non-
profit organizations seeking exemption from taxation by designation shall be in
effect until repealed by the Board of Supervisors.
State law reference — Authority for above section, Code of Virginia, § 58.1-3651.
2. That any provision of the Roanoke County Code not specifically amended
above shall remain in full force and effect as adopted.
3. That this ordinance shall be in full force and effect from and after its passage.
Page 2 of 2
ACTION NO.
ITEM NO. G.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:
August 28, 2018
Ordinance amending the Code of the County of Roanoke by
amending and re-enacting Chapter 21 Taxation, Article III --
Real Estate Taxes, Division 4 — exemption for surviving
spouses of certain persons killed in the line of duty
Peter Lubeck
Senior Assistant County Attorney
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Whether to amend the County Code to exempt from taxation the real property of the
surviving spouse of certain emergency services personnel who are killed in the line of
duty.
BACKGROUND AND DISCUSSION:
In 2017, the Code of Virginia was amended (pursuant to a 2016 amendment to the
Constitution of Virginia) to permit localities to exempt from taxation the real property of
the surviving spouse of any law-enforcement officer, firefighter, search and rescue
personnel, or emergency medical services personnel who is killed in the line of duty.
The surviving spouse would receive an exemption of 100% of the tax on real property
(consisting of the individual's residence and up to one acre of land) which is assessed at
or below average value. Only that portion of the assessed value in excess of the
average assessed value would be subject to real property taxes. In order to qualify for
the exemption, a surviving spouse must be un -remarried and own and occupy the
property as his or her principal residence.
The County, in the Board's discretion, may enact this available tax exemption by
amending the County Code (by ordinance).
Page 1 of 2
This exemption is similar in nature and scope to the mandatory tax exemption for
surviving spouses of members of armed forces killed in action (the County must grant
the exemption to all who are eligible; no County Code amendment was required). Only
one individual in Roanoke County has applied for and received this benefit during the
past several years (the benefit to the individual (impact upon County revenue) for 2018
is estimated at $2,767).
There have been no changes since the first reading on July 24, 2018.
FISCAL IMPACT:
At present, the Commissioner of Revenue has received no inquiries about or any
applications for this potential exemption. Any future fiscal impact is unknown at this time
as the exemption is directly related to the value of the individual property for which the
tax exemption is being requested.
STAFF RECOMMENDATION:
0=1
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 28, 2018
ORDINANCE AMENDING THE CODE OF THE COUNTY OF ROANOKE
BY AMENDING AND RE-ENACTING CHAPTER 21 TAXATION,
ARTICLE III -- REAL ESTATE TAXES, DIVISION 4 -- EXEMPTION FOR
SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE
OF DUTY
WHEREAS, Pursuant to Section 6-B of Article X of the Constitution of Virginia and
to § 58.1-3219.14 of the Code of Virginia, the County by ordinance may exempt from
taxation certain real property of the surviving spouse of certain emergency services
persons killed in the line of duty.
WHEREAS, legal notice and advertisement has been provided as required by law,
the first reading of this ordinance was held on July 24, 2018, and the second reading and
public hearing were held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
The Code of the County of Roanoke is amended and re-enacted by
inserting the following Division to Article III of Chapter 21:
ARTICLE III, DIVISION 4
EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE
LINE OF DUTY
Sec. 21-90. - Title.
This article shall be known as the "Exemption for Surviving Spouses of Certain Persons
Killed in the Line of Duty".
The purpose of this division is to provide an exemption from taxation for the qualifying
real property of spouses of any law enforcement officer, firefighter, search and rescue
personnel, or emergency medical services personnel who are killed in the line of duty.
Page 1 of 4
Sec. 21-91. — Authority for article.
This division is authorized by the Code of Virginia, Title 58.1, Chapter 32, Article 2.5,
Sections 58.1-3219.13 through 58.1-3219.16.
Sec. 21-92. - Definitions.
As used in this division, unless the context requires otherwise:
"Covered person" means any person set forth in the definition of "deceased person" in
Section 9.1-400 of the Code of Virginia whose beneficiary, as defined in Section 9.1-400
of the Code of Virginia, is entitled to receive benefits under Section 9.1-402 of the Code
of Virginia, as determined by the Comptroller prior to July 1, 2017, or as determined by
the Virginia Retirement System on and after July 1, 2017.
Sec. 21-93. - Exemption from taxes on property of surviving spouses of certain
persons killed in the line of duty.
(a) Pursuant to Article X, Section 6-13 of the Constitution of Virginia, for tax years
beginning on or after January 1, 2017, the County exempts from taxation the real property
described in subsection (b) of the surviving spouse of any covered person who occupies
the real property as his principal place of residence. If the covered person's death
occurred on or prior to January 1, 2017, and the surviving spouse has a principal
residence on January 1, 2017, eligible for the exemption under this section, then the
exemption for the surviving spouse shall begin on January 1, 2017. If the covered
person's death occurs after January 1, 2017, and the surviving spouse has a principal
residence eligible for the exemption under this section on the date that such covered
person dies, then the exemption for the surviving spouse shall begin on the date that such
covered person dies. If the surviving spouse acquires the property after January 1, 2017,
then the exemption shall begin on the date of acquisition, and the previous owner may be
entitled to a refund for a pro rata portion of real property taxes paid pursuant to Section
58.1-3360 of the Code of Virginia. The County shall not be liable for any interest on any
refund due to the surviving spouse for taxes paid prior to the surviving spouse's filing of
the affidavit or written statement required by Section 58.1-3219.15 of the Code of Virginia.
(b) Those dwellings in the County with assessed values in the most recently ended tax
year that are not in excess of the average assessed value for such year of a dwelling
situated on property that is zoned as single-family residential shall qualify for a total
exemption from real property taxes under this article. If the value of a dwelling is in excess
of the average assessed value as described in this subsection, then only that portion of
the assessed value in excess of the average assessed value shall be subject to real
property taxes, and the portion of the assessed value that is not in excess of the average
assessed value shall be exempt from real property taxes. Single-family homes,
condominiums, town homes, manufactured homes as defined in Section 46.2-100 of the
Page 2 of 4
Code of Virginia whether or not the wheels and other equipment previously used for
mobility have been removed, and other types of dwellings of surviving spouses, whether
or not the land on which the single-family home, condominium, town home, manufactured
home, or other type of dwelling of a surviving spouse is located is owned by someone
other than the surviving spouse, that (i) meet this requirement and (ii) are occupied by
such persons as their principal place of residence shall qualify for the real property tax
exemption. If the land on which the single-family home, condominium, town home,
manufactured home, or other type of dwelling is located is not owned by the surviving
spouse, then the land is not exempt. For purposes of determining whether a dwelling, or
a portion of its value, is exempt from County real property taxes, the average assessed
value shall be such average for all dwellings located within the County that are situated
on property zoned as single-family residential.
(c) The surviving spouse shall qualify for the exemption so long as the surviving spouse
does not remarry and continues to occupy the real property as his principal place of
residence. The exemption applies without any restriction on the spouse's moving to a
different principal place of residence.
(d) The County shall provide for the exemption from real property taxes of (i) the
qualifying dwelling, or that portion of the value of such dwelling and land that qualifies for
the exemption pursuant to subsection (b), and (ii) with the exception of land not owned
by the surviving spouse, the land, not exceeding one acre, upon which it is situated. A
real property improvement other than a dwelling, including the land upon which such
improvement is situated, shall also be exempt from taxation so long as the principal use
of the improvement is (a) to house or cover motor vehicles or household goods and
personal effects as classified in subdivision A 14 of Section 58.1-3503 of the Code of
Virginia and as listed in Section 58.1-3504 of the Code of Virginia and (b) for other than
a business purpose.
(e) For purposes of this exemption, real property of any surviving spouse of a covered
person includes real property (i) held by a surviving spouse as a tenant for life, (ii) held in
a revocable inter vivos trust over which the surviving spouse holds the power of
revocation, or (iii) held in an irrevocable trust under which the surviving spouse possesses
a life estate or enjoys a continuing right of use or support. Such real property does not
include any interest held under a leasehold or term of years.
(f) (1) In the event that (i) a surviving spouse is entitled to an exemption under this section
by virtue of holding the property in any of the three ways set forth in subsection (e) and
(ii) one or more other persons have an ownership interest in the property that permits
them to occupy the property, then the tax exemption for the property that otherwise would
have been provided shall be prorated by multiplying the amount of the exemption by a
fraction the numerator of which is 1 and the denominator of which equals the total number
of people having an ownership interest that permits them to occupy the property.
(2) In the event that the principal residence is jointly owned by two or more individuals
including the surviving spouse, and no person is entitled to the exemption under this
Page 3 of 4
section by virtue of holding the property in any of the three ways set forth in subsection
(e), then the exemption shall be prorated by multiplying the amount of the exemption by
a fraction the numerator of which is the percentage of ownership interest in the dwelling
held by the surviving spouse and the denominator of which is 100.
Sec. 21-94. - Application for exemption.
(a) The surviving spouse claiming the exemption under this division shall file with the
commissioner of the revenue of the County on forms to be supplied by the County, an
affidavit or written statement (i) setting forth the surviving spouse's name, (ii) indicating
any otherjoint owners of the real property, (iii) certifying that the real property is occupied
as the surviving spouse's principal place of residence, and (iv) including evidence of the
determination of the Comptroller or the Virginia Retirement System pursuant to
subsection (a). The surviving spouse shall also provide documentation that he is the
surviving spouse of a covered person and of the date that the covered person died. The
surviving spouse shall be required to refile the information required by this section only if
the surviving spouse's principal place of residence changes.
(b) The surviving spouse shall promptly notify the commissioner of the revenue of any
remarriage.
Sec. 21-95. - Absence from residence.
The fact that surviving spouses who are otherwise qualified for tax exemption pursuant
to this article are residing in hospitals, nursing homes, convalescent homes, or other
facilities for physical or mental care for extended periods of time shall not be construed
to mean that the real estate for which tax exemption is sought does not continue to be
the sole dwelling of such persons during such extended periods of other residence, so
long as such real estate is not used by or leased to others for consideration.
2. That any provision of the Roanoke County Code not specifically amended
above shall remain in full force and effect as adopted.
3. That this ordinance shall become effective upon its passage and at that
time, shall be retroactive to January 1, 2017.
Page 4 of 4
ACTION NO.
ITEM NO. GA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
August 28, 2018
Ordinance accepting the conveyance of three (3) parcels of
unimproved real estate for Fort Lewis Church Road,
Catawba Magisterial District
SUBMITTED BY: David Holladay
Planning Administrator
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Ordinance to accept three parcels of real estate in preparation for construction of a
turnaround on Fort Lewis Church Road.
BACKGROUND:
Fort Lewis Church Road terminates at End of State Maintenance, with no public
turn around.
Citizens in the area requested a turnaround and have donated necessary right of
way.
The three parcels being accepted would provide right of way for construction of a
new public turnaround.
DISCUSSION:
Roanoke County and Virginia Department of Transportation (VDOT) staff coordinated
with citizens at the end of Fort Lewis Church Road to construct a new public turnaround.
Roanoke County provided preliminary engineering and right-of-way acquisition. VDOT
will construct the new turnaround. The new turnaround will allow new space for refuse
collection vehicles, school buses and VDOT maintenance vehicles to maneuver. In
addition, the new turnaround will provide fire trucks improved access to an existing fire
hydrant.
Page 1 of 3
This item involves the acceptance of the following real estate, being conveyed to the
Board of Supervisors of Roanoke County, Virginia, for roadway improvements,
specifically for construction of a new public turnaround at the end of Fort Lewis Church
Road:
1. The donation from Marie A. Hannabass of approximately 0.0295 acre of real
estate for purposes of location and construction of Fort Lewis Church Road
turnaround as shown on exhibit entitled "Exhibit A" showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by Marie A. Hannabass,
Roanoke County Tax Map Parcel #054.02-04-69.00 situated along Fort Lewis
Church Road, Catawba Magisterial District, Roanoke County, Virginia dated
October 20, 2017.
2. The donation from Jeno A. Jackson and Marie A. Hannabass of approximately
0.0163 acre of real estate for purposes of location and construction of Fort Lewis
Church Road turnaround, as shown on exhibit entitled "Exhibit A" showing right-
of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A.
Jackson and Marie A. Hannabass Roanoke County Tax Map Parcel #054.02-04-
69.00 situated along Fort Lewis Church Road, Catawba Magisterial District,
Roanoke County, Virginia dated October 20, 2017.
3. The donation from Jeno A. Jackson and Jay A. Jackson of approximately 0.0560
acre of real estate for purposes of location and construction of Fort Lewis Church
Road turnaround, as shown on exhibit entitled "Exhibit A" showing right-of-way
being conveyed to Board of Supervisors, Roanoke County by Jeno A. Jackson
and Jay A. Jackson Roanoke County Tax Map Parcel #054.04-07-01.00 situated
along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County,
Virginia dated October 20, 2017.
Acceptance of this property is a necessary step in the process of VDOT constructing the
new public turnaround.
There have been no changes since the first reading of this ordinance on July 24, 2018.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item. County staff time for
preliminary engineering and Community Development survey funds were expended to
prepare the deeds.
Page 2 of 3
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the ordinance to accept three
parcels of real estate.
Page 3 of 3
Law Office
Of Kirk A.
Ludwig
Exemption Claimed: Grantee is exempted from recordation taxes and fees
pursuant to § 58.1-811A(3) and 17.1-266 of the Code of Virginia.
Prepared by: Law Office of Kirk A. Ludwig
P.O. Box 989
Roanoke, VA 24005
Tax Map No.: 054.02-04-69
Title Insurance: None
THIS QUITCLAIM DEED made this day of , 20_, by and
between JENO A. JACKSON and MARIE A. HANNABASS (whether one or more,
"Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY
VIRGINIA (hereinafter "Grantee")
WITNESSETH:
WHEREAS, by deed dated May 2, 1996 and recorded in the Clerk's Office,
Circuit Court for Roanoke County in Deed Book 1507, page 1625, Jeno A. Jackson
acquired title to a parcel of real property located in Roanoke County, Virginia, said
parcel being 1.18 acres on the north side of Fort Lewis Church Road as shown on
a plat of survey dated May 2, 1996 made by T. P. Parker & Son for Jeno A.
Jackson, attached hereto and made a part hereof;" and
WHEREAS, by deed dated March 16, 1998 and recorded in the aforesaid
Clerk's Office in Deed Book 1570, page 1694, Jeno A. Jackson conveyed to Barry
and Andrea Weiler 1.12 acres on the north side of Fort Lewis Church Road as
shown on a plat of survey dated May 2, 1996 made by T. P. Parker & Son for Jeno
A. Jackson, a copy of which is of record in Deed Book 1507, page 1627, in the
aforesaid Clerk's Office, and as more particularly shown on that survey for Barry L.
1
Law office
Of Kirk A.
Ludwig
Weiler made by T. P. Parker & Son, dated March 13, 1998, of record in Plat Book
20, page 170, in the aforesaid Clerk's Office;" and
WHEREAS, by deed dated March 11, 2004 and recorded in the aforesaid
Clerk's Office as Instrument No. 200404670, Barry and Andrea Weiler conveyed to
Marie A. Hannabass 1.12 acres on the north side of Fort Lewis Church Road as
shown on a plat of survey dated May 2, 1996 made by T. P. Parker & Son for Jeno
A. Jackson, a copy of which is of record in Deed Book 1507, page 1627, in the
aforesaid Clerk's Office, and as more particularly shown on that survey for Barry L.
Weiler made by T. P. Parker & Son, dated March 13, 1998, of record in Plat Book
20, page 170, in the aforesaid Clerk's Office;" and
WHEREAS, there exists a discrepancy between the two surveys described in
the aforesaid deeds, and the 710.07 square foot right-of-way to be conveyed to
Grantee as shown on the plat attached hereto and made a part hereof as Exhibit "A"
(hereinafter, the "right-of-way")" is comprised in part of property affected by this
discrepancy; and
WHEREAS, this discrepancy raises the issue of whether Jeno A. Jackson or
Marie A. Hannabass owns the property comprising the right-of-way; and
WHEREAS, it is the intention of the Grantor to quitclaim, release and convey
to the Grantee any and all right, title and interest they may have, individually, jointly
or severally, to the right-of-way.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the benefits
accruing or to accrue to the said Grantor by reason of the location and construction,
oil
Law Office
Of Kirk A.
Ludwig
or other improvements of Fort Lewis Church Road, along, through, or over the lands
of the Grantor, and for the further consideration of the sum of One Dollar ($1.00)
cash in hand paid, and other good and valuable consideration paid by Grantee to
Grantor, the receipt, adequacy and sufficiency of which is hereby acknowledged,
Grantor does hereby QUITCLAIM, RELEASE AND CONVEY unto Grantee their
interest in the following property:
That 710.07 square foot portion, more or less, of Roanoke County Tax
Map Number 054.02-04-69 marked "RIGHT-OF-WAY TO BE
ACQUIRED" as shown on Exhibit "A" attached hereto and made a
part hereof.
Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby
joins in the execution of this instrument to signify the acceptance by said Board of
Supervisors of the real estate conveyed herein pursuant to Ordinance No.
adopted by the Board of Supervisors of Roanoke County,
Virginia, on the day of
WITNESS the following signatures and seals:
.vw (SEAL)
JE A. JA SON
STATE/CNWEA OF
COUN /CITY F to -wit:
The foregoing nstrument was acknowledged before me this day of
U , by Jeno A. Jackson.
Notary Public
My commission expires: �d/g
BAnda Taylor Carrell
Gbmmonwealth of Virginia
Notary Public
t't Cofte ilwilon No. 228900
MY Qmmiswn Expires 11/30/4019
3
1
(SEAL)
MARIE A. HANNABASS
STATE/CO ONWEA H OF
COUNTY IT OF , to -wit:
he foregoing i istrument was acknowledged before me this J� day of
by Marie A. Hannabass.
r
Notary Publi
My commission expires: // ,.?d
B'dinda Taylor Carroll
Commonwealth Of Virginia
Nolary Public
k
Commission No. 228900
My Commission Expinos 11 /3010 19
Law Office
Of Kirk A.
Ludwig
0
Approved as to form: BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
la
Office of the
County Attorney
COMMONWEALTH OF VIRGINIA,
COUNTY/CITY OF to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 20_ by Thomas C. Gates, County Administrator, on behalf of the
Board of Supervisors of Roanoke County, Virginia.
My commission expires:
Law Office
Of Kirk A.
Ludwig
Notary Public
5
• d- 0
O a.
� o
N
PARCEL "A" ` 00
a
P.B. 10 PG. 90 Z
� Q
T.M. 1054.02-68-00.00 p
,L1 PROPERTY OF
W
Lo'1 DARRELL V. & BONNIE L. WELLONS
D.B. 1217 PG, 78
I P.B. 21 PG. 168
1.667 ACRES
° y�
O
20' ACCESS EASEMENT
D.B. 1507 PG. 1629 PROPOSED
RIGHT-OF-WAY
PT PARCEL "E"
T.M. 11054.02-04-69.00 �� b
PROPERTY OF /
MARIE A. /
HAN NABASS
D.B. 1507 PG. 1627 (PLAT)
P.B. 20 PG. 170
1.12 ACRES
STYPES71
All 04
S85058'00"E N81°02'O� E •
12•
61.90' • 61
.90, PROPOSED
PAVEMENT
--.4SP c
EXISTING
FIRE
HYDRANT-.\
O
T.M. (054.02-67-00.00
PROPERTY OF
STEVEN T. HELM
/ D.B. 1116 PG. 508(PLAT)
/ \D.B.1524 PG. 688
0.812 ACRES
"END OF STATE .
MAINTENANCE SIGN"
-jp
,SRT LEwls CHURL
0 M
°210N65 RD. 184.81 , S80°34'Op„ �-•��
6A. "L3 RTE, 777 149.94'
30' PRESCRIPTIVE WW
T.M. 1054.04-07-01.00
PROPERTY OF
JENO A. & JAY A. JACKSON
"C2" D.B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
oma/
6L ^q�
/ Q��oo
0 �P
DELTA
RADIUS TAN ARC
--.4SP c
EXISTING
FIRE
HYDRANT-.\
O
T.M. (054.02-67-00.00
PROPERTY OF
STEVEN T. HELM
/ D.B. 1116 PG. 508(PLAT)
/ \D.B.1524 PG. 688
0.812 ACRES
"END OF STATE .
MAINTENANCE SIGN"
-jp
,SRT LEwls CHURL
0 M
°210N65 RD. 184.81 , S80°34'Op„ �-•��
6A. "L3 RTE, 777 149.94'
30' PRESCRIPTIVE WW
T.M. 1054.04-07-01.00
PROPERTY OF
JENO A. & JAY A. JACKSON
"C2" D.B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
2f
RIGHT-OF-WAY TO BE ACQUIRED
AREA= 710.07S.F. = 0.0163AC.
EXISTING
ROADWAY
EXHIBIT "A "
SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS & JENO A. JACKSON
ROANOKE COUNTY TAX MAP PARCEL ##54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
CURVE TABLE
CURVE
DELTA
RADIUS TAN ARC
CHORD
DIST
"Cl"
120044'37"
37.00' 65.06' 77.97'
539°23'04"W
64.32'
"C2"
145°07'41"
37.00' 117.81' 93.72'
N86°26'55"E
70.60'
"C3"
85°32'56"
25.00' 23.13' 37.33'
S56°39'32"W
33.96'
2f
RIGHT-OF-WAY TO BE ACQUIRED
AREA= 710.07S.F. = 0.0163AC.
EXISTING
ROADWAY
EXHIBIT "A "
SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS & JENO A. JACKSON
ROANOKE COUNTY TAX MAP PARCEL ##54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
Law Office
Of Kirk A.
Ludwig
Exemption claimed: Grantee is exempt from recordation taxes and fees pursuant to
Sections 58.1-811A(3) and 17.1-266 of the Code of Virginia.
Prepared by: Law Office of Kirk A. Ludwig
P.O. Box 989
Roanoke, Virginia 24005
Tax Map No. 054.04-07-01
Title Insurance: None
THIS DEED, made this day of , 20_, by and
between JENO A. JACKSON AND JAY A. JACKSON (whether one or more,
"Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA ("Grantee")
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the benefits accruing or to accrue to
the said Grantor by reason of the location and construction, or other improvements of
Fort Lewis Church Road, along, through, or over the lands of the Grantor, and for the
further consideration of the sum of One Dollar ($1.00) cash in hand paid, and other
good and valuable consideration paid by Grantee to Grantor, the receipt, adequacy
and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY to Grantee in fee simple, with General Warranty and Modern English
Covenants of Title, the following described real estate lying in the County of Roanoke,
Virginia, for the location and construction or other improvement of a road right-of-way,
with Fort Lewis Church Road generally located in the centerline of said right-of-way:
That 2,437.45 square foot portion, more or less, of Roanoke
County Tax Map Number 054.04-07-01 shown on the plat attached
hereto as Exhibit "A" and by this reference made a part hereof,
(the "Property"); and
..r
Being a portion of the property conveyed to Jeno A. Jackson
and Jay A. Jackson by deed dated June 13, 2002 of record in
the Clerk's Office, Circuit Court for the County of Roanoke, Virginia
as Instrument No. 200211729.
Also granted herein is the temporary right and easement to use such additional
areas as located and staked on the ground for cut and/or fill slopes as being required
for the proper execution of the work. Said temporary construction easement will
terminate at such time as the construction or improvement of the aforesaid route is
completed.
And further granted herein is the right and easement to construct, improve and
maintain any drain ditches or other drainage facilities that may be needed for the
proper and adequate drainage of said route.
It is expressly agreed between the parties hereto that the Grantee and its
agents shall have the right to inspect the easements herein granted and to cut, clear,
and remove all undergrowth, obstructions or improvements lying within, upon or
adjacent to said easements that in any way endanger or interfere with the proper use
of the same. The Grantor covenants that no building or structure shall be erected
upon or within the easements herein granted or placed in such location as to render
the easements inaccessible. In the event the covenant is violated, the Grantee shall
not be obligated to repair, replace or otherwise be responsible for such improvements
if damaged or removed.
Grantor, for the consideration stated above, also covenants and agrees, upon
demand of any public utility company or corporation having its facilities in, over or
across the lands herein conveyed, that the Grantor will give, grant and convey unto
Law Office such public utility company or corporation an easement in, over and across the lands
Of Kirk A.
Ludwig 11
of the Grantor lying adjacent to the lands herein conveyed for the relocation,
construction, operation and maintenance of said facility.
The Grantor by execution of this instrument acknowledges that the plans for the
aforesaid right-of-way and easements as they affect Grantor's property have been fully
explained to Grantor or Grantor's authorized representative.
The Grantor covenants and agrees for Grantor and for Grantor's heirs,
successors, successors in title, executors, legal representatives and assigns that the
consideration aforementioned shall be in lieu of any and all claims to compensation
and damages by reason of the location, construction, reconstruction, operation or
maintenance of said road right-of-way, including such drainage facilities as may be
necessary.
This conveyance is made expressly subject to all recorded conditions,
reservations, easement and restrictions affecting title to the property herein conveyed.
The road right-of-way herein granted is in addition to, and not in lieu of, any easement
or right-of-way now in existence or which may be acquired in the future.
To have and to hold unto the Grantee, its successors and assigns, forever.
Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby
joins in the execution of this instrument to signify the acceptance by said Board of
Supervisors of the real estate conveyed herein pursuant to Ordinance Number
adopted by the Board of Supervisors of Roanoke County, Virginia, on
the day of , 20
This document has been prepared by the Law Office of Kirk A. Ludwig on
behalf of the Grantee.
Law Office
Of Kirk A.
Ludwig
y
WITNESS the following signatures and seals:
(SEAL)
J00- A. JA6KSON
STATE OF
COUNTY CITY Fes, to -wit:
The foregoing instrument was acknowledged before me this /a�day of
20f� by Jeno A. Jackson.
,L"
NotaryP blic
My commission expires: ;M';
Belinda Taylor Carroll
; '1
Balinda Taylor Carroll � Cnrnnv,,,,., . ,f �;Jnrlinia
Commonwealth of Virginia t}'
Notary Public a� ,�?* � ���,;.�� �"'wjoo
Commission No. 228900 9p'yrr;yh My Comm%,: iun I xpnes 11/30/2019
My C011imissim Expires 11/30/2019
STATE OF
COUNTY,
to -wit:
The foregoing instru.,f,nent was acknowledged before me thisi'ay of
20 by Jay A. Jackson.
Notary ublic
My commission expires:
Bellmde Taylor Carroll
b0FR9Pii0tlwe131th of Virginia
Wary Public
COMMIlaion No, 228900
11111N�S1aff Exp 1inw2o19
Law Office
Of Kirk A.
Ludwig
.10
Approved as to form:
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
SEAL)
Office of the County Attorney
STATE OF
COUNTY/CITY OF to -wit..
The foregoing instrument was acknowledged before me this
day of , 20 by Thomas C. Gates, County
Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia.
My commission expires:
Law Office
Of Kirk A.
Ludwig
Notary Public
PARCEL"A"
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MARIE A. HANNABASS \ \ \ °�'� / MAINTENANCE "END OF SIGN"
' _
D.B. 1507 PG. 1629 (PLAT) \ 6
P.B. 20 PG. 170 FORr
1.12 ACRES
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S80° 184.9.94
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61.90' 61.90 PROPOSED 11C2" T.M. #054.04-07-01.00
� PAVEMENT
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ti =4`
JENO A. & JAY A. JACKSON
^oma ���� oh D.B. 939 PG. 359 (PLAT)
Q
Q �� o°� INSTRUMENT #200211729
0 ) ti`' '�� 5.020 ACRES
EXHIBIT 'A "
RIGHT-OF-WAY TO BE ACQUIRED SHOWING
AREA= 2,437,45S,F, = 0,056OAC. RIGHT-OF-WAY BEING CONVEYED
TO
EXISTING BOARD OF SUPERVISORS, ROANOKE COUNTY
ROADWAY BY
JENO A. & JAY A. JACKSON
ROANOKE COUNTY TAX MAP PARCEL #54.04-07-01.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
CURVE TABLE
CURVE
DELTA
RADIUS
TAN
ARC
CHORD
DIST
"Cl"
120°44'37"
37.00'
65.06'
77.97'
1 S39°23'04"W
64.32'
"C2"
14500741"
37.00'
117.81'
93.72'
N86°26'55"E
70.60'
"C3"
85°32'56"
25.00'
23.13'
37.33'
S56039'32"W
33.96'
00, IT
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PROPERLY OF CD
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Q 1.667 ACRES P�
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D.B. 1507 PG. 1629 \ PROPOSED �'-
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PROPERLY OF
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PT PARCEL "E" / FIREEXISTING\ / .\\D.B.1116 4 G. (PLAT)
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PROPERTY OF \ \ / 0.812 ACRES
MARIE A. HANNABASS \ \ \ °�'� / MAINTENANCE "END OF SIGN"
' _
D.B. 1507 PG. 1629 (PLAT) \ 6
P.B. 20 PG. 170 FORr
1.12 ACRES
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81'
STYPES . _.1 \ \ /N 6 G3 Rr4 00"E
1.�
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N�°i p0 30` PRESCRIP77VE WW
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JENO A. & JAY A. JACKSON
^oma ���� oh D.B. 939 PG. 359 (PLAT)
Q
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0 ) ti`' '�� 5.020 ACRES
EXHIBIT 'A "
RIGHT-OF-WAY TO BE ACQUIRED SHOWING
AREA= 2,437,45S,F, = 0,056OAC. RIGHT-OF-WAY BEING CONVEYED
TO
EXISTING BOARD OF SUPERVISORS, ROANOKE COUNTY
ROADWAY BY
JENO A. & JAY A. JACKSON
ROANOKE COUNTY TAX MAP PARCEL #54.04-07-01.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
Law Office
Of Kirk A.
Ludwig
Exemption claimed: Grantee is exempt from recordation taxes and fees pursuant to
Sections 58.1-811A(3) and 17.1-266 of the Code of Virginia.
Prepared by: Law Office of Kirk A. Ludwig
P.O. Box 989
Roanoke, Virginia 24005
Tax Map No. 054.02-04-69
Title Insurance: None
THIS DEED, made this day of
, 20_, by and
between MARIE A. HANNABASS (whether one or more, "Grantor"), and the
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
("Grantee").
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the benefits accruing or to accrue to
the said Grantor by reason of the location and construction, or other improvements of
Fort Lewis Church Road, along, through, or over the lands of the Grantor, and for the
further consideration of the sum of One Dollar ($1.00) cash in hand paid, and other
good and valuable consideration paid by Grantee to Grantor, the receipt, adequacy
and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY to Grantee in fee simple, with General Warranty and Modern English
Covenants of Title, the following described real estate lying in the County of Roanoke,
Virginia, for the location and construction or other improvement of a road right-of-way,
with Fort Lewis Church Road generally located in the centerline of said right-of-way:
That 1,286.46 square foot portion, more or less, of Roanoke
County Tax Map Number 054.02-04-69 shown on the plat attached
hereto as Exhibit "A" and by this reference made a part hereof,
(the "Property"); and
Being a portion of the property conveyed to Marie A. Hannabass
by deed dated March 11, 2004 of record in the Clerk's Office,
Circuit Court for the County of Roanoke, Virginia as Instrument No.
200404670.
Also granted herein is the temporary right and easement to use such additional
areas as located and staked on the ground for cut and/or fill slopes as being required
for the proper execution of the work. Said temporary construction easement will
terminate at such time as the construction or improvement of the aforesaid route is
completed.
And further granted herein is the right and easement to construct, improve and
maintain any drain ditches or other drainage facilities that may be needed for the
proper and adequate drainage of said route.
It is expressly agreed between the parties hereto that the Grantee and its
agents shall have the right to inspect the easements herein granted and to cut, clear,
and remove all undergrowth, obstructions or improvements lying within, upon or
adjacent to said easements that in any way endanger or interfere with the proper use
of the same. The Grantor covenants that no building or structure shall be erected
upon or within the easements herein granted or placed in such location as to render
the easements inaccessible. In the event the covenant is violated, the Grantee shall
not be obligated to repair, replace or otherwise be responsible for such improvements
if damaged or removed.
Grantor, for the consideration stated above, also covenants and agrees, upon
demand of any public utility company or corporation having its facilities in, over or
across the lands herein conveyed, that the Grantor will give, grant and convey unto
Law Office such public utility company or corporation an easement in, over and across the lands
Of Kirk A.
Ludwig
of the Grantor lying adjacent to the lands herein conveyed for the relocation,
construction, operation and maintenance of said facility.
The Grantor by execution of this instrument acknowledges that the plans for the
aforesaid right-of-way and easements as they affect Grantor's property have been fully
explained to Grantor or Grantor's authorized representative.
The Grantor covenants and agrees for Grantor and for Grantor's heirs,
successors, successors in title, executors, legal representatives and assigns that the
consideration aforementioned shall be in lieu of any and all claims to compensation
and damages by reason of the location, construction, reconstruction, operation or
maintenance of said road right-of-way, including such drainage facilities as may be
necessary.
This conveyance is made expressly subject to all recorded conditions,
reservations, easement and restrictions affecting title to the property herein conveyed.
The road right-of-way herein granted is in addition to, and not in lieu of, any easement
or right-of-way now in existence or which may be acquired in the future.
To have and to hold unto the Grantee, its successors and assigns, forever.
Thomas C. Gates, County Administrator of Roanoke County, Virginia, hereby
joins in the execution of this instrument to signify the acceptance by said Board of
Supervisors of the real estate conveyed herein pursuant to Ordinance Number
, adopted by the Board of Supervisors of Roanoke County, Virginia, on
the day of , 20
This document has been prepared by the Law Office of Kirk A. Ludwig on
behalf of the Grantee.
Law Office
Of Kirk A.
Ludwig
WITNESS the following signature and seals:
(�—\f �
�)
ARIE A. HANNABASS
STATE OF
COUNTY ITY to -wit:
e foregoing instru ent was acknowledged before me this day of
201by Marie A. Hannabass.
Notary ublic
My commission expires://
Be inda T87W Cerrdl
�;rirtua�attvit'r �V6�g►rEii3
N,„4;Iry'Pubit
i
rnnrris;;,icnt
No.
228900
M41 MCennnm ,,iun Expires JjWr11119
Law Office
Of Kirk A.
Ludwig
Approved as to form: BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
(SEAL)
Office of the County Attorney
STATE OF
COUNTY/CITY OF to -wit..
The foregoing instrument was acknowledged before me this
day of , 20 by Thomas C. Gates, County
Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia.
My commission expires:
Law Office
Of Kirk A.
Ludwig
Notary Public
030
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61.90' 61.901 PROPOSED
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D.B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
RIGHT-OF-WAY TO BE ACQUIRED
AREA= r,2s6.465.F. = 0.0295Ac.
EXISTING
ROADWAY
EXHIBIT 'A "
SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS
ROANOKE COUNTY TAX MAP PARCEL #54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
CURVE TABLE
CURVE
DELTA
RADIUS I TAN ARC
CHORD
DIST
"C1"
120°44'37"
37.00' 65.06 77.97'
S39°23'04"W
64.32'
"C2"
145°07'41"
37.00' 117.81' 93.72'
N86026'55"E
70.60'
"C3"
85032'56"
25.00' 23.13' 37.33'
S56°39'32"W
33.96'
RIGHT-OF-WAY TO BE ACQUIRED
AREA= r,2s6.465.F. = 0.0295Ac.
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EXHIBIT 'A "
SHOWING
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TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS
ROANOKE COUNTY TAX MAP PARCEL #54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
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61.90' 61. CZ
PAVEMENT a .B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
EXHIBIT "A"
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TO
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SCALE: 1"=50' DATE: OCTOBER 20, 2017
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SCALE: 1"=50' DATE: OCTOBER 20, 2017
1838 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
CURVE TABLE
CURVE
DELTA
RADIUS TAN ARC
CHORD
DIST
"Cl"
120°44'37"
37.00' 65.06' 77.97'
S39023'04"W
64.32'
"C2"
145°07'41"
37.00' 117.81' 93.72'
N86°26'55"E
70.60'
"C3"
85032'56"
25.00' 23.13' 37.33'
S56°39'32'W
33.96'
EXHIBIT "A"
RIGHT-OF-WAY TO BE ACQUIRED SHOWING
AREA= 7t aO7S.F. = 0.0163Ac. RIGHT-OF-WAY BEING CONVEYED
TO
EXISTING BOARD OF SUPERVISORS, ROANOKE COUNTY
ROADWAY BY
MARIE A. HANNABASS & JENO A. JACKSON
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SCALE: 1"=50' DATE: OCTOBER 20, 2017
1838 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
•
CURVE TABLE
CURVE DELTA RADIUS TAN ARC CHORD DIST
"Ci" 120°44'37" 37.00' 65.06' 77.97' 539023'04"W 64.32'
I.C21. 145007'41" 37.00' 0
37.33'
"C3"85'32'56" 25.00' 23.13' S56°39'32"W 33.96'
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\ \ / EXISTING
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1.12 ACRES /JC
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RD' 184.81'
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RIPTIVE R/W
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F.M. 11054.04-07-01.00
PROPERTY OF
JENO A. & JAY A. JACKSON
D.B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
EXHIBIT "A ”
RIGHT-OF-WAY TO BE ACQUIRED SHOWING
AREA= 2,437.45S.F. = 0.056OAc. RIGHT-OF-WAY BEING CONVEYED
EXISTING
ROADWAY
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
JENO A. & JAY A. JACKSON
ROANOKE COUNTY TAX MAP PARCEL #54.04-07-01.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
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D.B. 939 PG. 359 (PLAT)
INSTRUMENT #200211729
5.020 ACRES
RIGHT-OF-WAY TO BE ACQUIRED
AREA= 1,286..46S.F. = a0295Ac.
EXISTING
ROADWAY
EXHIBIT 'A "
SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS
ROANOKE COUNTY TAX MAP PARCEL #54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
CURVE TABLE
CURVE
DELTA
RADIUS TAN ARC
CHORD
DIST
"Cl"
120044'37"
37.00' 65.06' 77.97'
S39023'04"W
64.32'
"C2"
145°07'41"
37.00' 117.81' 93.72'
N86°26'55"E
70.60'
"C3"
85032'56"
25.00' 23.13' 37.33'
S56°39'32"W
33.96'
RIGHT-OF-WAY TO BE ACQUIRED
AREA= 1,286..46S.F. = a0295Ac.
EXISTING
ROADWAY
EXHIBIT 'A "
SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
MARIE A. HANNABASS
ROANOKE COUNTY TAX MAP PARCEL #54.02-04-69.00
SITUATED ALONG FORT LEWIS CHURCH ROAD RTE. 777
CATWAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"=50' DATE: OCTOBER 20, 2017
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 28, 2018
ORDINANCE ACCEPTING THE CONVEYANCE OF THREE (3)
PARCELS OF UNIMPROVED REAL ESTATE FOR FORT LEWIS
CHURCH ROAD TO THE BOARD OF SUPERVISORS, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, two (2) adjacent land owners desired to donate portions of their
property in fee simple, to Roanoke County for right-of-way purposes to construct a
turnaround at the terminus of Fort Lewis Church Road; and
WHEREAS, Marie A. Hannabass, Jeno A. Jackson and Marie A. Hannabass,
and Jeno A. Jackson and Jay A. Jackson have freely and voluntarily entered into deeds
to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board
of Supervisors to obtain ownership of each property for purposes of road construction
upon approval of this ordinance and recordation of deeds; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
accomplished by ordinance; the first reading of this ordinance was held on July 24,
2018, and the second reading and public hearing was held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the donation from Marie A. Hannabass of approximately 0.0295 acre
of real estate for purposes of location and construction of Fort Lewis Church Road
turnaround as shown on exhibit entitled "Exhibit A" showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by Marie A. Hannabass, Roanoke
County Tax Map Parcel #054.02-04-69.00 situated along Fort Lewis Church Road,
Page 1 of 2
Catawba Magisterial District, Roanoke County, Virginia dated October 20, 2017, is
hereby authorized and approved.
2. That the donation from Jeno A. Jackson and Marie A. Hannabass of
approximately 0.0163 acre of real estate for purposes of location and construction of
Fort Lewis Church Road turnaround, as shown on exhibit entitled "Exhibit A" showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A.
Jackson and Marie A. Hannabass Roanoke County Tax Map Parcel #054.02-04-69.00
situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
3. That the donation from Jeno A. Jackson and Jay A. Jackson of
approximately 0.0560 acre of real estate for purposes of location and construction of
Fort Lewis Church Road turnaround, as shown on exhibit entitled "Exhibit A" showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A.
Jackson and Jay A. Jackson Roanoke County Tax Map Parcel #054.04-07-01.00
situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the donation of this real
estate, all of which shall be approved as to form by the County Attorney.
Page 2 of 2
ACTION NO.
ITEM NO. G.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:
ISSUE:
August 28, 2018
Ordinance repealing and replacing the Code of the County of
Roanoke - Chapter 2, Article IV, from Self -Insurance
Program to Risk Management Program
Mary Beth Nash
Senior Assistant County Attorney
Thomas C. Gates
County Administrator
The current Roanoke County Code concerning a "Self -Insurance Program" (Chapter 2,
Article IV, §2-80-87) no longer reflects Roanoke County's process for providing risk -
management services and the administration of insurance coverage to its property and
employees.
BACKGROUND:
The Roanoke County Board of Supervisors adopted Chapter 2, Article IV, §2-80 -87
(titled "Self -Insurance Program") into the Roanoke County Code on June 14, 1994 (Ord.
61494-6, §1). The ordinance became effective on July 1, 1994. It has been amended
once on February 23, 2016 (Ord. 022316-3) to provide clarifications to provisions
regarding Fire and Rescue Volunteers.
The article created a self-insurance program to provide for the administration of claims
made against the County, its employees and losses from damages not otherwise
covered by commercial insurance policies. The program also created an internally -
administered, self-insurance fund for the purposes of paying judicially -ordered claim
awards, claim settlements/ adjustments, administrative expenses and securing third -
party insurance policies.
The program established specific liability limits, covered risks, limitations and
exclusions, administrative procedures, settlement authority levels and other technical
Page 1 of 2
details. The article allows for additional third -party services and/or insurance policies to
be secured to supplement the self-insurance program.
DISCUSSION:
This article should be amended to adopt new language providing for modern risk
management and insurance administrative practices.
Replacing the current "Self -Insurance Program" article with the language proposed
would allow the County Code to reflect more efficient practices for providing insurance
coverage and risk -management services without limiting the County's options for doing
so in the future. The proposed replacement language would provide the same
authorizations to establish and administer the important services originally intended but
in a significantly more efficient manner.
In lieu of the significant level of detail outlining specific processes and specifications in
the article's current language, a new administrative policy has been drafted to
supplement the proposed amended article. This policy would establish appropriate
minimum levels of coverage the County will maintain, and outline standards for the
management and administration of insurance contracts and relevant services. By
governing these details through administrative policy instead of Code provisions the
County will be more adaptable to evolving conditions and addressing future needs.
The new article language being proposed does not restrict the County's options for
providing applicable services or liability coverage to only third -party contracts, nor does
it preclude the use of a self-insurance program (or a variation thereof) in the future. The
amended language does not alter the level of authority granted to the County
Administrator by the Board to provide and administer such services, nor does it reflect
changes to the standards of coverage, protections, or services intended of the original
article's provisions. Additionally, the amended language and administrative policy
retains the County's sole authority to make claim settlements/adjustments pursuant to
the terms previously established by the Board.
There have been no changes since the first reading of this ordinance on July 24, 2018.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
STAFF RECOMMENDATION:
Staff recommends amending Chapter 2, Article IV, §2-80-87 of the Roanoke County
Code as provided in accompanying supplemental documents.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 28, 2018
ORDINANCE REPEALING AND REPLACING THE CODE OF THE
COUNTY OF ROANOKE - CHAPTER 2, ARTICLE IV, FROM SELF-
INSURANCE PROGRAM TO RISK MANAGEMENT PROGRAM
WHEREAS, on July 1, 1994, the Board of Supervisors adopted Ordinance No.
61494-6, enacting a Self -Insurance program to reflect the manner in which the County
indemnified losses not otherwise covered by commercial insurance policies, including
coverage for injuries to employees, volunteers, and third parties, as well as coverage for
other property and casualty claims and further, the Ordinance provided for a claims
management system overseen by County Trustees; and
WHEREAS, since it was enacted in 1994 and amended only once since then its
original enactment to identify coverage for certain volunteers, the County has
recognized that its processes for risk management, claims administration, and
indemnifying those who allege injury or loss have changed; thus, it is necessary to
amend this portion of the County Code to reflect the evolution of more efficient and cost-
effective risk management, claims administration and insurance coverage; and
WHEREAS, the amendments to this Ordinance will not adversely affect the
County, its agents, employees, or citizens with regard to any legally mandated
insurance coverage or indemnification; and
WHEREAS, legal notice and advertisement has been provided as required by
law, the first reading of this ordinance was held on July 24, 2018, and the second
reading and public hearing were held on August 28, 2018; and
Page 1 of 12
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, that the Self -Insurance ordinance for Roanoke County is
hereby repealed and amended as follows:
Sec. 2-80. - SCOPeGFeatiGR and purpose.
...•
ttt �;vtveretl. 'a,nrca%,ac M!nfi-xna! �wnla%ll nc! 4-fa,11 &+%/ A7.F.F;Jw
The County shall provide for the administration of claims arising out of accidents and
other occurrences of alleged injury to persons or property that may be brought against
the County, its officers, agents and employees, and further, shall provide for the
administration of any judicially -mandated awards from such claims in accordance with
all applicable provisions of the Code of Virginia and/or other applicable statutes or
regulations. The County Administrator, or their designee, shall be responsible for the
management and/or oversight of such claims, and all other risk management measures
implemented pursuant to these provisions.
1 Section 15.2-1518 sets forth the authority for the County to obtain insurance or self -insure for the risks
described herein.
Page 2 of 12
To the extent that the County elects to enter into contracts of insurance or participate in
group self-insurance pools to indemnify the County against such claims, it shall do so in
accord with all applicable statutes.
The County shall also provide for reasonable risk -management measures and/or
services necessary to mitigate the County's losses and liabilities for such claims.
Nothing contained in these risk management provisions shall be construed to abrogate
or waive any defense of sovereign immunity, official immunity, governmental immunity,
or any other defense available to the County, or any covered person.
These risk management provisions do not create a contract between the County and
any person, employee, agent or entity, nor is it intended to create any third -party
beneficiaries. These provisions do not create any vested rights or property interests in
anyone, except as required by statute.
Sec. 2-81. - Definitions.
As used in this article, unless the context requires a different meaning:
Claim(s) means requests for payment for personal injury or property damage.
County officer means a member of the board of county supervisors, a constitutional
officer, an elected official, or a member of a board, commission or authority which is
appointed by the board of supervisors or performs functions of the county, e.g., electoral
board, board of zoning appeals
Covered person means a county officer, county employee, or fire and rescue
volunteer.
Employee means a person other than a volunteer or county officer who performs
services for the county, is paid wages or a salary by the county in exchange for
services, and who is subject to direction by county officers or their designees. The term
also includes persons who perform functions of the county, e.g., registrar. The term
specifically excludes independent contractors.
Occurrence means an event or accident that results in personal injury or property
damage.
Personal injury includes:
(1) Death, bodily injury, sickness, shock, intentional infliction of mental anguish or
mental injury;
(2) False arrest, false imprisonment, wrongful eviction, wrongful detention,
malicious prosecution, or humiliation;
(3) Libel, slander, defamation, invasion of rights to privacy, infringement of
copyright, false service of civil papers, abuse of process;
Page 3 of 12
(4) Assault and battery; and
(5) Deprivation of rights, privileges, or immunities secured by state or federal law
or by the Constitution of the United States or the Constitution of Virginia.
Property damage means physical injury to or destruction of tangible and/or
intangible property and all direct and consequential loss resulting therefrom.
Self jpsI4FapGe fund. The ris-k management f6lAd- shall be a _19191 -19 -at ,
,
mss.
manager, nr their de'�Jl ,
Volunteer means a person other than a county officer or employee who performs
services for the county without remuneration and who performs them subject to
direction by county officers or employees and who is registered as such with the
county's department of human resources.
(Ord. No. 61494-6, § 1, 6-14-94; Ord. No. 022316-3 , 2-23-16)
Page 4 of 12
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Page 9 of 12
Page 10 of 12
me' -e gee
Page 11 of 12
ViFginia Di 1hlin /int
roton+iA-n r -r aRy OVn000` PE)linioo
(() rd We. 6-51494 _F § 1 F _ 1—r4-Q�7
Se S. 2 88 2? 1 QQ. Reserved
That this ordinance shall be effective on and from the date of its adoption
Page 12 of 12
ACTION NO.
ITEM NO. G.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:
August 28, 2018
Ordinance amending sections of the Roanoke County
Zoning Ordinance (Appendix A of the Roanoke County
Code) dealing with agritourism activities
Philip Thompson
Acting Director of Planning
Thomas C. Gates
County Administrator
Second reading and public hearing on an ordinance to amend the Roanoke County
Zoning Ordinance
BACKGROUND:
On January 23, 2018, the Board of Supervisors requested staff to work with the
Planning Commission to consider amendments to the County's Zoning
Ordinance dealing with agritourism activities.
DISCUSSION:
Over the last several months, the Planning Commission and staff have reviewed,
discussed, and developed amendments to the County's Zoning Ordinance regarding
agritourism activities.
The proposed amendments to the Zoning Ordinance would:
Amend Article II (Definitions and Use Types)
o Add definitions for agritourism, farm brewery, farm distillery, and farm
winery
Amend Article III (District Regulations)
o Add agritourism, farm brewery, farm distillery, and farm winery as
permitted by right uses in the AG -3, AG -1, AR, and AV zoning districts
Page 1 of 2
Amend Article IV (Use and Design Standards)
o Add use and design standards for agritourism, farm brewery, farm
distillery, and farm winery
o Amend the use and design standards for special events facility
Amend Article V (Development Standards)
o Add minimum parking required standards for agritourism, farm brewery,
farm distillery, and farm winery
o Amend the parking area surface standards for agricultural and forestry use
types
The Planning Commission held a public hearing on these amendments on June 5,
2018. No citizens spoke on this issue during the public hearing. The Planning
Commission recommended approval of the proposed amendments.
The Planning Commission also recommended that the Board of Supervisors approve a
resolution providing guidance to the Zoning Administrator when reviewing and
determining agritourism activities, which will be considered by the Board as a separate
item subsequent to these amendments.
The Planning Commission also recommended that the Board of Supervisors consider
revisiting the noise ordinance regarding agritourism activities.
There have been no changes since the first reading of this ordinance on July 24, 2018.
FISCAL IMPACT:
01 rem
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the second reading of an
ordinance to amend the Roanoke County Zoning Ordinance regarding agritourism
activities.
Page 2 of 2
COUNTY CODE SECTIONS
(FOR REFERENCE)
Chapter 13 — Offenses - Miscellaneous
ARTICLE II - NOISE
Sec. 13-21. Specific acts as noise disturbances.
The following acts are declared to be noise disturbances in violation of this article unless
specifically excepted in section 13-19.
(6) Using or operating a loudspeaker or other sound amplification devices in a fixed or
movable position exterior to any building, or mounted upon any motor vehicle or
mounted in the interior of a building with the intent of providing service to an exterior
area for the purpose of commercial advertising, giving instruction, information,
directions, talks, addresses, lectures, or providing entertainment to any persons or
assemblage of persons on any private or public property, between the hours of 10:00 p.m.
and 7:00 a.m. the following day.
Roanoke County Zoning Ordinance
ARTICLE V — DEVELOPMENT STANDARDS
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-3,3. Minimum Parking Required.
Schedule B
Specific requirements shall be determined by the administrator based on requirements for similar
uses, location of proposed use, expected demand and traffic generated by the proposed use, and
appropriate traffic engineering and planning criteria and information. Determination of
requirements may be appealed to the board of zoning appeals.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 28, 2018
ORDINANCE AMENDING SECTIONS OF THE ROANOKE COUNTY
ZONING ORDINANCE (APPENDIX A TO THE ROANOKE COUNTY
CODE) DEALING WITH AGRITOURISM ACTIVITIES
WHEREAS, the 2014 General Assembly of Virginia enacted, and the Governor
signed into law, Section 15.2-2288.6 of the Code of Virginia, a provision that highlights
and protects certain rights of agricultural operations engaged in the bona fide cultivation
and harvesting of agricultural products; and
WHEREAS, the rights of owners of bona fide agricultural operations include the
right to conduct on-site agritourism activities, the sale of certain specified products
incidental to the agricultural operation, the preparation, processing of certain specified
food products and activities that are usual and customary on agricultural operations;
and
WHEREAS, Roanoke County continues to recognize that agricultural activities
including agritourism are an integral component of the County's economy and that
maintaining the continued vitality of agriculture is necessary to achieve and preserve a
balanced tax base and a diverse, healthy economy benefiting all of the citizens of the
County; and
WHEREAS, the Board of Supervisors recognizes that, as with any new statutory
initiative, a general framework for supporting and addressing agritourism activities will
assist County Staff and citizens; and
WHEREAS, legal notice and advertisement has been provided as required by
law, the first reading of this ordinance was held on July 24, 2018, and the second
reading and public hearing were held on August 28, 2018.
Page 1 of 7
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, that
1. The below sections (or portions of sections) of the Roanoke County
Zoning Ordinance are hereby amended to read and provide as follows (all sections or
portions of sections not set forth below shall remain in effect without change):
ARTICLE II — DEFINITIONS AND USE TYPES
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-1. Agricultural and Forestry Use Types.
Agritourism: Any activity carried out on a farm or ranch that allows members of
the general public, for recreational, entertainment, or educational purposes, to view or
enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest -
your -own activities, or natural activities and attractions. An activity is an agritourism
activity whether or not the participant paid to participate in the activity.
Farm brewery: An establishment located on one or more lots in Roanoke County
licensed as a limited brewery under Section 4.1-208 of the Code of Virginia.
Farm distillery: An establishment located on one or more lots in Roanoke County
to which a limited distiller's license is issued under Section 4.1-206 of the Code of
Virginia.
Farm winery: An establishment located on one or more lots in Roanoke County
licensed as a farm winery under Section 4.1-207 of the Code of Virginia.
ARTICLE III — DISTRICT REGULATIONS
SEC. 30-32. AG -3 AGRICULTURAL/RURAL PRESERVE DISTRICT.
Sec. 30-32-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
Page 2 of 7
Agritourism *
Farm Brewery *
Farm Distillery *
Farm Winery *
SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT.
Sec. 30-33-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
Agritourism *
Farm Brewery *
Farm Distillery *
Farm Winery *
SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT.
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
Agritourism *
Farm Brewery *
Farm Distillery *
Farm Winery *
Page 3 of 7
SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT.
Sec. 30-36-2. Permitted Uses.
(A) The following uses are permitted by
requirements contained in this ordinance.
modified or more stringent standards as
standards, for those specific uses.
1. Agricultural and Forestry Uses
Agritourism *
Farm Brewery *
Farm Distillery *
Farm Winery *
right subject to
An asterisk (*)
listed in article
all other applicable
indicates additional,
IV, use and design
ARTICLE IV — USE AND DESIGN STANDARDS
SEC. 30-81. AGRICULTURAL AND FORESTRY USES.
Sec. 30-81-1.5. Agritourism.
(A) Agritourism activities shall be considered by -right uses unless there is a
substantial impact on the health, safety, or general welfare of the public. If the
zoning administrator determines that the agritourism activities will have a
substantial impact on the health, safety, or general welfare of the public, a
special use permit shall be required.
(B) Outdoor amplified music shall be regulated by Section 13-21(6) of the County
Code (Noise Ordinance).
30-81-2.5. Farm Brewery.
(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops,
offices, retail sales of alcoholic beverages manufactured on site, food sales and
service, and facility tours.
(B) Events may be conducted at a farm brewery on one or more days, where the
purpose is agritourism or to promote beer sales, and which may be, but is not
limited to, festivals; receptions; weddings; reunions; anniversary and birthday
celebrations; club meetings and activities; tasting educational seminars; tasting
luncheons or dinners; business meetings; corporate gatherings; agritourism
promotions; and fundraisers and charity events.
Page 4 of 7
(C) Outdoor amplified music shall be regulated by Section 13-21(6) of the County
Code (Noise Ordinance).
30-81-2.6. Farm Distillery.
(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops,
offices, retail sales of alcoholic beverages manufactured on site, food sales and
service, and facility tours.
(B) Events may be conducted at a farm distillery on one or more days, where the
purpose is agritourism or to promote the sale of distilled spirits, and which may
be, but is not limited to, festivals; receptions; weddings; reunions; anniversary
and birthday celebrations; club meetings and activities; tasting educational
seminars; tasting luncheons or dinners; business meetings; corporate gatherings;
agritourism promotions; and fundraisers and charity events.
(C) Outdoor amplified music shall be regulated by Section 13-21(6) of the County
Code (Noise Ordinance).
Sec. 30-81-3.5. Farm Winery.
(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops,
offices, retail sales of alcoholic beverages manufactured on site, food sales and
service, and facility tours.
(B) Events may be conducted at a farm winery on one or more days, where the
purpose is agritourism or to promote wine sales, and which may be, but is not
limited to, festivals; receptions; weddings; reunions; anniversary and birthday
celebrations; club meetings and activities; tasting educational seminars; tasting
luncheons or dinners; business meetings; corporate gatherings; agritourism
promotions; and fundraisers and charity events.
(C) Outdoor amplified music shall be regulated by Section 13-21(6) of the County
Code (Noise Ordinance).
SEC. 30-85. COMMERCIAL USES
Sec. 30-85-24.6. Special Events Facility.
(A) General Standards:
1. The site shall front directly on and have direct access to a publicly owned
and maintained street.
Page 5 of 7
2. Outdoor amplified music shall be regulated by Section 13-21(6) of the
County Code (Noise Ordinance).
ARTICLE V — DEVELOPMENT STANDARDS
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-3. Number of Parking Spaces Required.
Sec. 30-91-3,3. Minimum Parking Required.
USE TYPE PARKING REQUIRED
(A)
Agricultural and Forestry Use Types
Agriculture
No requirement
Agritourism
No requirement
Commercial Feedlots
No requirement
Farm Brewery
See Schedule B
Farm Distillery
See Schedule B
Farm Employee Housing
2 spaces per dwelling unit
Farm Winery
See Schedule B
Forestry Operations
No requirement
Stable, Private
No requirement
Stable, Commmercial
1 space per employee, plus 1 space for
every 4 animals stabled
Wayside Stand
1 space per 100 sq. ft., 3 spaces
minimum
Sec. 30-91-4. Parking Area Design Standards.
Sec. 30-91-4.3. Parking Area Surface Standards.
(A) All off-street parking and stacking areas, except for those required for single
family and two family dwellings or agricultural and forestry use types, shall be
graded for drainage and surfaced with concrete, asphalt, bituminous pavement,
brick or stone pavers, or a permeable or pervious surface in accordance with the
Roanoke County Design Handbook. Where permeable or pervious pavers are
used, when required by the Virginia Uniform Statewide Building Code ADA -
compliant pavers shall be utilized.
1. Within the Clearbrook village overlay district, any parking areas or parking
spaces provided in excess of the minimum requirements of this ordinance,
shall be constructed with a permeable or pervious pavement material in
Page 6 of 7
accordance with the Roanoke County Stormwater Management Design
Manual. Gravel shall not be accepted as an approved permeable or
pervious surface.
2. This ordinance shall be in full force and effect from and after its adoption.
Page 7 of 7
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:
August 28, 2018
Resolution adopting the Roanoke County Zoning
Administrator's review of agritourism activities
SUBMITTED BY: Philip Thompson
Acting Director of Planning
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Adoption of a resolution which provides guidance to the Zoning Administrator is
reviewing agritourism activities.
BACKGROUND:
On January 23, 2018, the Board of Supervisors requested staff to work with the
Planning Commission to consider amendments to the County's Zoning Ordinance
dealing with agritourism activities.
DISCUSSION:
Over the last several months, the Planning Commission and staff have reviewed,
discussed, and developed amendments to the County's Zoning Ordinance regarding
agritourism activities (separate board action). During this review, the Planning
Commission and staff also developed a resolution that would provide guidance to the
Zoning Administrator when reviewing agritourism activities.
The resolution includes an attachment that would be used by the Zoning Administrator
to assist in determining if an activity would be considered agritourism, and if considered
an agritourism activity would it create a substantial impact on the health, safety, or
general welfare of the public.
Page 1 of 2
At its June 5, 2018 meeting, the Planning Commission recommended that the Board of
Supervisors approve the resolution providing guidance to the Zoning Administrator
when reviewing and determining agritourism activities.
FISCAL IMPACT:
None.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the resolution adopting the
Zoning Administrator's review of agritourism activities.
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, AUGUST 28, 2018
RESOLUTION ADOPTING THE ROANOKE COUNTY ZONING
ADMINISTRATOR'S REVIEW OF AGRITOURISM ACTIVITIES
WHEREAS, the Code of Virginia (1950) as amended, at Title 15.2, Section 15.2-
2288.6 Agricultural Operations; Local Regulation of Certain Activities addresses the
regulatory arrangement in the Commonwealth of Virginia as to agritourism; and
WHEREAS, Roanoke County continues to recognize that agricultural activities
including agritourism are an integral component of the County's economy and that
maintaining the continued vitality of agriculture is necessary to achieve and preserve a
balanced tax base and a diverse, healthy economy benefiting all of the citizens of the
County; and
WHEREAS, the General Assembly of the Commonwealth of Virginia has enacted
Section 15.2-2286.6 of the Code of Virginia, which prohibits a locality from regulating the
following activities at an agricultural operation' unless there is a substantial impact on
the health, safety, or general welfare of the public:
1. "Agritourism activities," which are defined in Section 3.2-6400 of the Code
of Virginia as "any activity carried out on a farm or ranch that allows
members of the general public, for recreational, entertainment, or
educational purposes, to view or enjoy rural activities, including farming,
wineries, ranching, historical, cultural, harvest -your -own activities, or
"Agricultural operation" means any operation devoted to the bona fide production of crops, or animals, or fowl
including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco,
nursery, and floral products; and the production and harvest of products from silviculture activity. Code of Virginia
Sec. 3.2-300.
Page 1 of 4
natural activities and attractions. An activity is an agritourism activity
whether or not the participant paid to participate in the activity";
2. The sale of agricultural or silvicultural products, or the sale of agricultural -
related or silvicultural-related items incident to the agricultural operation;
3. The preparation, processing, or sale of food products in compliance with
subdivisions A 3, 4, and 5 of § 3.2-5130 or related state laws and
regulations; or
4. Other activities or events that are usual and customary at Virginia
agricultural operations; and
WHEREAS, Section 15.2-2288.6(A) of the Code of Virginia further mandates that
"any local restriction placed on an activity listed above shall be reasonable and shall take
into account the economic impact of the restriction of the agricultural operation and the
agricultural nature of the activity"; and
WHEREAS, Section 15.2-2288.6(B) of the Code of Virginia further states that "no
locality shall require a special exception or special use permit for any activity listed above
on property that is zoned as an agricultural district or classification unless there is a
substantial impact on the health, safety, or general welfare of the public"; and
WHEREAS, Section 15.2-2288.6(C) of the Code of Virginia further states that that
"except regarding the sound generated by outdoor amplified music, no local ordinance
regulating the sound generated by any activity listed above shall be more restrictive than
the general noise ordinance of the locality, however in permitting outdoor amplified music
at an agricultural operation, the locality shall consider the effect on adjoining property
owners and nearby residents"; and
Page 2 of 4
WHEREAS, presently there are no written factors, mechanism, or procedures for
the County's Zoning Administrator to evaluate whether a specific activity as described
above as engaged in by an individual or entity imposes a substantial impact on the health,
safety, or general welfare of the public;
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County
of Roanoke that:
1. Roanoke County will request those engaging in agritourism activities to declare
their intent to do so by filing (with the Zoning Administrator) the attached
Declaration and Determination Form, found at Attachment A to this
Resolution, which form may be updated from time to time by the County Zoning
Administrator.
2. The Zoning Administrator will review these matters administratively on a case-by-
case, individual basis in accordance with the factors and criteria set forth on the
Declaration and Determination Form. The Zoning Administrator will first determine
whether the proposed activity constitutes agritourism. If the Zoning Administrator
finds that the proposed activity is an agritourism activity, he will then determine
whether the proposed agritourism activity will have a substantial impact on the
health, safety or welfare of the general public. Activities found to have such an
impact shall require approval of a special use permit in accordance with Section
30-19 et seq. of the Roanoke County Zoning Ordinance prior to commencing the
activity.
3. Recognizing that the scope and impact of activities may change over time, the
Zoning Administrator shall have the discretion to reconsider and reverse his prior
Page 3 of 4
determinations regarding the existence of an agritourism activity's substantial
impact.
Page 4 of 4
Agritourism Resolution Attachment A
PART 1: AGRITOURISM DECLARATION
OBJECTIVE: Determine whether the property qualifies for a2ritourism use.
This application and the answers to the questions below constitute your DECLARATION
of intent to conduct agritourism activities on your property. Please answer ALL questions
thoroughly and add as many attachments and/ or details as necessary.
Name or company name
Property owner or primary contact (if different from above)
Property address
City
State Zip
Tax map/ parcel nos.
Zoning
Acreage
Magisterial district
Phone no.
What types of agricultural operations are regularly done on the property?
What services/products will be provided by the farm or ranch as a result of the proposed
Page 1 of 7
Agritourism Resolution Attachment A
Will any services or products be provided by an outside source? If so, explain:
Will anyone be employed who does not reside on the premises, and who is employed solely
for auitourism wr-Doses?
If yes, what is the estimated number of outside employees to be employed for the agritourism
activity?
Is your property currently in Roanoke County's Land Use Tax Assessment Program?
To be completed by the Zoning Administrator
This property DOES qualify for agritourism This property DOES NOT qualify for
activities. ❑ Tagritourism activities. ❑
NOTES
Page 2 of 7
Agritourism Resolution Attachment A
PART 2: IMPACT DETERMINATION
OBJECTIVE: If the property qualifies for agritourism, determine whether the proposed
agritourism activity creates a substantial impact on the health, safety, or general welfare of the
public.
Roanoke County, in accordance with the Code of Virginia, Section 15.2-2288.6, is authorized to make a
determination whether certain agritourism activities would have a "substantial impact on the health, safety,
or general welfare of the public." The Board of Supervisors authorizes that this determination shall be
made administratively, by the Zoning Administrator, on a case-by-case basis. In order to guide that
determination, certain factors of consideration and a set of specific questions have been developed and are
set forth on the pages which follow. The following examples are intended to inform applicants of the types
of impacts that may be found to have a substantial impact on the health, safety, or general welfare of the
public:
• Frequency and hours of operation: Agritounsm events which are sporadic, such as
occasional weddings or large events which only occur a few times per year are not likely to
have a substantial impact. Conversely, events occurring on a daily or weekly basis would be
more likely to have a substantial impact, but such determination would further depend on other
factors such as crowd size and or traffic generation.
• Vehicle trips per day: Activities that generate large volumes of traffic may be found to have
a substantial impact if such traffic would pose a safety hazard to the travelling public. The
number of trips would need to be considered in relation to the access available to the subject
site, such as existing or proposed entrance improvements and what type of road is being
accessed (primary road or secondary road, paved or unpaved, public or private).
• Amplified music (or other noise generated): The County has a noise/nuisance ordinance that
it may rely upon to address this issue, however where there is an expectation of frequent noise
that could be audible from adjacent and neighboring properties, that could very well be
determined to have a substantial impact.
• Structures: In instances where farm structures will be regularly used for assembly purposes,
ingress and egress, structural integrity, fire protection, etc. will be considered in determining
whether there is a substantial impact on public safety from a proposed Agritourism activity.
• Size of the subject property and location of activity on the property: A large parcel which
provides a significant buffer to neighbors is much less likely to be found to have a substantial
impact.
• Sanitation: A clear plan for providing adequate water and wastewater services during
Agritourism events will be important in any finding of no substantial impact.
• Access: As noted above under "Vehicle trips per day" substantial impact may be clear when
driveway access is inadequate to handle the volume of traffic. Also, introducing large volumes
of traffic onto a private road will often dictate that there is a substantial impact.
• Parking management: A clear plan to address adequate parking management for events that
generate concentrated volumes of traffic is expected. The management plan shall describe the
use of and positioning of staff, volunteers, security or off-duty law enforcement to direct
vehicular traffic to clearly delineated parking areas or back-ups on adjoining public roads. The
introduction of large volumes of traffic without a viable traffic management plan may indicate
a significant impact.
Page 3 of 7
Agritourism Resolution Attachment A
ACTIVITY SPECIFIC QUESTIONS
What type of activity is being proposed?
What is the frequency and/ or hours of operation for your proposed activity?
How many vehicle trips per day (VTPD) are expected from your proposed activity? Over
50? (This number should not include vehicle trips associated with any normal day-to-day
operations of the farm).
Will the activity use outdoor amplified music?
Will the activity use outdoor lighting?
Page 4 of 7
Agritourism Resolution Attachment A
Will structures be used in conjunction with any proposed agritourism activity? (Barns,
sheds, etc.) If yes, are the structures used for farm purposes? Such structures must be used
generally for farm purposes but can be occupied for agritourism activities on an infrequent
basis.
PROPERTY SPECIFIC QUESTIONS
How far will activities be from the nearest property boundarv?
Is the property located on a shared private road? If yes, do you have an active road
maintenance agreement?
How do you plan to accommodate anticipated parking for your activity?
Page 5 of 7
Agritourism Resolution Attachment A
Are there any open waterways (ponds, lakes, rivers, streams, etc.) located on the
property and how do you plan to ensure the environmental integrity of these waterways
as well as the safetv of vour activity patrons?
How do you plan on accommodating minimum sanitation standards and/or adequate
sewage disposal for your activity? (Restrooms, permanent or portable. A permit from the
Virginia Debartment of Health (VDH) may be necessarv).
What potential impacts do you foresee the proposed activities having upon adjacent or
neighboring properties (including but not limited to potential impacts listed on page 3 of this
form)?
Page 6 of 7
Agritourism Resolution Attachment A
To be completed by the Zoning Administrator
The proposed agritourism use DOES create a The proposed agritourism use DOES NOT
substantial impact on the health, safety, or create a substantial impact on the health,
s4eneral welfare of the public. ❑ safety, or s4eneral welfare of the public. ❑
NOTES
TO BE COMPLETED BY ALL APPLICANTS:
By my signature, I willfully declare that the information provided is correct and complete. I am
the property owner or am authorized to file this form on behalf of the property owner or
organization.
I acknowledge that the information provided on and attached to this form is considered public
information and will be made available for public review during and after the determination
process.
I further certify that if the above -designated property ceases to be used for agricultural
purposes, the Zoning Administrator will be immediately notified prior to conducting further
agritourism activities; such a change in use may affect the property's eligibility to host
agritourism activities.
Recognizing that the scope of proposed agritourism activities may foreseeably change over time,
I acknowledge that the Zoning Administrator may decide, at a future time, to re-evaluate whether
the agritourism activities create a substantial impact on the health, safety, or general welfare of
the public.
(Signature of Owner / Officer)
(Printed name)
Page 7 of 7
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:
APPROVED BY:
ISSUE:
August 28, 2018
Appointments to Committees, Commissions and Boards
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
All open district appointments
BACKGROUND:
1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District)
The following District appointments remain open:
Cave Spring Magisterial District
Vinton Magisterial District
Budget and Fiscal Affairs Committee (BFAC) (At -Large)
Two open appointments
2. Economic Development Authority (EDA) (appointed by District)
The following four-year term expired on September 26, 2017:
a) Steve Anderson, representing the Cave Spring Magisterial District is
eligible for reappointment
Max Beyer's four-year term representing the Hollins Magisterial District will expire on
September 26, 2018. Supervisor Phil C. North has recommended Mr. Beyer's
Page 1 of 2
reappointment to an additional four-year term expiring September 26, 2022.
Confirmation has been placed on the Consent Agenda.
3. Library Board (appointed by District)
The following four-year term expired on December 31, 2016:
a) Heather Lawrence, representing the Vinton Magisterial District
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
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, AUGUST 28, 2018
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM J- 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 August 28,
2018, designated as Item J - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 10
inclusive, as follows:
1. Approval of minutes — June 12, 2018
2. Request to accept and allocate grant funds in the amount of $5,422.30 from the
U. S. Department of Justice's Bulletproof Vest Partnership
3. Request to donate surplus vehicle to the Western Virginia Emergency Medical
Services (EMS) council
4. Request to accept and appropriate grant funds in the amount of $60,000 from
the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke
County Police Department for the Roanoke Valley Regional Drug Unit
5. Request to accept and allocate grant funds in the amount of $95,540.64 from
the Virginia Office of Emergency Medical Services for the "Four -For -Life"
distribution
6. Resolution requesting the Virginia Department of Transportation to add Lila
Drive to the State Secondary Road System
7. Confirmation of appointment to the Chief Local Elected Officials Consortium
(CLEO) (At -Large); Economic Development Authority (EDA) (District); Social
Services Advisory Board (At -Large)
8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Barry K. Agnew, Human Resources Consultant, upon his retirement
after eleven (11) years of service
Page 1 of 2
9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to William Martin Louthian, Jr, Police Community Services Officer, upon
his retirement after seventeen (17) years of service
10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Randall S. Spence, Battalion Chief -Operations, upon his retirement
after thirty (30) years of service
Page 2 of 2
ACTION NO.
ITEM NO. J.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
Request to accept and allocate grant funds in the amount of
$5,422.30 from the U. S. Department of Justice's Bulletproof
Vest Partnership
Eric Orange
Sheriff
Thomas C. Gates
County Administrator
Acceptance and allocation of $5,422.30 for the Bulletproof Vest Partnership Grant
BACKGROUND:
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership
Grant Act of 1998, is a unique U. S. Department of Justice initiative designed to provide
a critical resource to State and local law enforcement.
DISCUSSION:
The Roanoke County Sheriff's Office applied for and received the Bulletproof Vest
Partnership Grant which provides funding to assist in the purchase of protective vests.
Additional grant funds were received in the amount of $5,422.30 and need to be
accepted and allocated.
FISCAL IMPACT:
The total amount of the grant awarded is $5,422.30, which includes a 50% match. U.S.
Department of Justice grant funds total $2,711.15 and the County match of $2,711.15
was appropriated by the Board of Supervisors in the Sheriff's Office budget. No
additional appropriation of County funds is required.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds to the Sheriff's Office in
the amount of $5,422.30 from the U.S. Department of Justice's Bulletproof Vest
Partnership.
Page 2 of 2
ACTION NO.
ITEM NO. J.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
Request to donate surplus vehicle to the Western Virginia
Emergency Medical Services (EMS) council
Rob Light
Director of General Services
Thomas C. Gates
County Administrator
A request to donate a surplus Roanoke County vehicle to the Western Virginia EMS
Council
BACKGROUND:
From time to time, other local governmental/not for profit agencies have requested the
donation of surplus vehicles from Roanoke County, and the County has generally
honored these requests. The Western Virginia EMS Council is a 501(c)(3) non-profit
organization, which has served the Roanoke Valley since 1975 and is an integral part of
Virginia' s comprehensive EMS system. It serves to assess, identify, coordinate, plan
and implement efficient and effective regional EMS delivery systems in partnership with
Virginia's Office of Emergency Medical Services and EMS Advisory Board.
DISCUSSION:
The Council uses the Roanoke County Fleet Service Center to repair its vehicles, and is
requesting that the County donate a surplus 2010 Ford Crown Victoria with over
103,000 miles for its use. It is anticipated that the vehicle will be used for agency staff
during the course of daily operations, such as meetings, EMS training programs, drills,
exercises, etc., saving the agency the cost of staff using personal vehicles. There is no
internal need for the vehicle.
FISCAL IMPACT:
Page 1 of 2
While there is no direct cost to the County, the value of the vehicle at surplus is
estimated to be approximately $2,000 to $2,500. Due to the age and mileage of this
vehicle, there is not a high resale value and that value will not be significantly impacted
through the Western Virginia EMS Council's use.
STAFF RECOMMENDATION:
Staff recommends donation of the 2010 Ford Crown Victoria to the Western Virginia
EMS Council.
Page 2 of 2
ACTION NO.
ITEM NO. JA
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:
August 28, 2018
Request to accept and appropriate grant funds in the amount
of $60,000 from the High Intensity Drug Trafficking Areas
(HIDTA) Program to the Roanoke County Police Department
for the Roanoke Valley Regional Drug Unit
Howard B. Hall
Chief of Police
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Accept and allocate grant funds in the amount of $60,000 from the High Intensity Drug
Trafficking Areas Program (HIDTA).
BACKGROUND:
The HIDTA funds were provided to the Roanoke Valley Regional Drug Unit to identify
organized drug trafficking organizations and, when possible, to prosecute the cases as
drug trafficking conspiracies. Roanoke County Police Department serves as the lead
agency and the Roanoke County Department of Finance serves as fiscal agent.
DISCUSSION:
The Roanoke Valley Regional Drug Unit received a commitment of funding from HIDTA
in the amount of $60,000 for the 2018 calendar year. These funds will be used to
continue to support investigations of drug trafficking organizations that are operating in
the greater Roanoke Valley.
FISCAL IMPACT:
No matching funds are required by the County. Grant is one hundred percent (100%)
Federal funds.
Page 1 of 2
STAFF RECOMMENDATION:
Accept and allocate grant funds in the amount of $60,000 from the High Intensity Drug
Trafficking Areas (HIDTA) Program to the Roanoke County Police Department for the
Roanoke Valley Regional Drug Unit.
Page 2 of 2
Recipient Obligation Form
Agency: Roanoke County Police Department
Program: Washington/Baltimore HIDTA
Project Start Date: 1/1/2018
AuthorizedAmount: $60,000.00
Project End Date: 12/31/2018
Grant Number: 1-2018ROANOKE
Recipient Polnt of Contact: Cmdr, Scott H. Smith
(Print Name)
Roanoke County Police Department
5925 Cove Road
Roanoke, VA 24019
(540) 777--8625
(address)
Agency DUNS Number: 06-235--3610
Type of Entity: government
M
Duration: 12 months
Email: ssmith@roanokecountyva.gov
Tax ID Number: 54-6001572
Upon request can recipient provide three (3) years audit results? (A133 or Uniform Guidance) If not please explain why?
Yes XXX No
Has recipient ever received any adverse finding as result of an audit? If yes, provide Management letter and any explanation?
Yes No XXX
Can recipient meet all requirements under Uniform Guidance 2 CFR, Part 200 and the Washington/Baltimore HIDTA
directives? Yes XXX No
What is recipients overtime policy for Law Enforcement? Provide copy. N/A RVRDU does not file for overtime
Does recipient have conflict of interest policy? if not, please explain how conflict of interest would be handled?
Yes XXX No
Agency acknowledges receipt of Washington/Baltimore HIDTA directives and I Agreement? initial
The appropriate programmatic and administrative personnel involved In -this application are aware of applicable sponsor
guidelines and policies and are prepared to enter into a recipient agreement consistent with the applicable flow -down
requirements. I hereby certify that neither recipient -
nor its principals are presently disbarred, suspended, proposed for disbarment, declared inetfginle, or voluntarily excluded
from participation In this transaction by any U.S. federal department or agency. To the best o f my knowledge, the enclosed
represents a true, complete, and accurate representation of work to be performed and costs to be incurred in the
Performance of the proposed project.
Authorized Organization Representative Signature:
Print AOR Name: Scats H, Smith January 16, 2018
ACRTitle: Cmdr. RVRDU (date)
ACTION NO.
ITEM NO. J.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:
August 28, 2018
Request to accept and allocate grant funds in the amount of
$95,540.64 from the Virginia Office of Emergency Medical
Services for the "Four -For -Life" distribution
SUBMITTED BY: Stephen G. Simon
Chief of Fire and Rescue
APPROVED BY: Thomas C. Gates
County Administrator
ISSUE:
Acceptance and allocation of $95,540.64 for the "Four -For -Life" program from the
Virginia Department of Health (VDOH) Office of Emergency Medical Services (OEMS).
BACKGROUND:
The Virginia Department of Health (VDOH) Office of Emergency Medical Services
(OEMS), has awarded the Fire and Rescue Department grant funds totaling $95,540.64
as part of the "Four -for -Life" program funding.
"Four -for -Life" funding is legislated by the Code of Virginia §46.2-694 and provides
various grant programs to be used only for EMS purposes. The "Four -for -Life" program,
as amended in 2000, stipulates that four (4) additional dollars be charged and collected
at the time of registration of each passenger vehicle, pickup or panel truck. Funds may
be utilized for training, equipment and supplies for licensed, non-profit emergency
medical service agencies.
DISCUSSION:
This grant awarded to the Roanoke County Department of Fire and Rescue will be
utilized to purchase Emergency Medical Service (EMS) equipment that meets state
guidelines. Approval of this grant funding from VDOH is dependent upon appropriate
Page 1 of 2
and timely submission of required annual reporting. The Roanoke County Department
of Fire and Rescue continues to meet those annual requirements to remain eligible for
grant funding.
FISCAL IMPACT:
Awarded grant funds from the "Four -for -Life" program total $95,540.64. There is no
County match required with acceptance of this grant.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue
Department in the amount of $95,540.64 from the Virginia Department of Health Office
of Emergency Medical Services.
Page 2 of 2
COMMONWEALTH OF VIRGINIA
Marissa J. Levine, MD, MPH, FAAFP Department of Health
State Health Commissioner
Gary R. Brown Office of Emergency Medical Services
Director 1041 Technology Park Drive
Glen Allen, VA 23059-4500
P. Scott Winston
Assistant Director
June 18, 2018
COUNTY OF ROANOKE VIRGINIA
POST OFFICE BOX 29800
5204 BERNARD DRIVE
ROANOKE VA 24018-0798
Dear City/County Administrator:
IMMEDIATE ATTENTION REQUIRED
Please return this report within 30 days
1-800-523-6019 (VA only)
804-888-9100 (Main Office)
804-888-9120 (Training Office)
FAX: 804-371-3108
Your locality will be receiving the Fiscal Year 2018 "Four -For -Life" payment for
Emergency Medical Services (EMS) in the amount of $95,540.64 . These funds are for the
collection period March 1, 2017 through February 28, 2018.
Guidelines for the use of these funds are attached and are available on our website:
http://www.vdh.virizinia.izov/content/unloads/sites/23/2016/05/FourForLifeGuidelines.t)df . Prior
to distribution of these funds to the local government, this office must receive your Report of
Expenditures on last year's distribution. The total amount that must be reported for last year's
distribution is annotated on the enclosed report.
The Four -For -Life program, as amended in 2000, stipulates that four additional dollars be charged
and collected at the time of registration of each passenger vehicle, pickup or panel truck. The
funds collected, pursuant to Section 46.2-694, Code of Virginia, shall be used only for emergency
medical services. The law further states that the Department of Health shall return twenty-six
percent (26%) of the registration fees collected to the locality wherein such vehicle is registered to
provide funding for:
1. Training of volunteer or salaried emergency medical service personnel of licensed, non-profit
emergency medical service agencies; or
2. The purchase of necessary equipment and supplies for licensed, non-profit emergency
medical service agencies.
It is important to recognize two clauses in the Four -For -Life legislation: (I) non -supplanting
funds and (2) failure to report the use of funds by any local governing body will result in funds
being retained. The Assistant Attorney General, at our request has offered the following
interpretation for use of the funds. "Any funds received from Section 46.2-694 by a non -state
agency cannot be used to match any other funds derived from Section 46.2-694 by that same
non -state agency" Simply put, funds returned to localities cannot be used as the matching share
of any grants offered using Four -For -Life funds.
"Each local governing body shall report to the Board of Health on the use of Four -For -Life
funds, which were returned to it. In any case in which the local governing body grants the funds
to a regional emergency medical council to be distributed to licensed, non-profit emergency
medical and rescue services, the local governing body shall remain responsible for the proper
use of the funds. If, at the end of any fiscal year, a report on the use of Four -For -Life funds for
that year has not been received from a local ,governing body, any funds due to that local
governing body for the next fiscal year shall be retained until such time as the report has been
submitted to the board. "
If you have any questions or need additional information, please do not hesitate to contact Kim
Barton, OEMS Accountant, at (804) 888-9100.
Sincerely,
5W_ I/
OVP
MA
'j mwzx,
Adam L. Harrell MBA, NRP
Business Manager
Enc l.:
• Guidelines for Expenditures of EMS Funds
• Four -For -Life Report of Expenditures Form
WD Ar—ff DEPARTMENT
QF HEALTH
hofoctina You and "w 1dvfivr~f
WWKvdk.v1rgfrua gvr/aer"s
Revised — April 7, 2017
GUIDELINES FOR THE EXPENDITURE OF THE
26% RETURN TO LOCALITY SHARE OF
EMS FOUR -FOR -LIFE FUNDS
§ 46.2-694 of the Code of Virginia
To provide funding for trainingl of volunteer or salaried emergency medical service (EMS)
personnel of licensed, non-profit emergency medical services agencies and for the purchase of
necessary equipment and supplies for use in such locality by licensed, non-profit emergencX
medical services agencies.
Such funds shall be in addition to any local appropriations and local governing bodies shall not
use these funds to supplant local funds.
In any case in which the local governing body grants the funds to a designated regional
emergency medical services (EMS) council to be distributed to the licensed, non-profit
emergency medical service agencies and rescue squads, the local governing body shall remain
responsible for the proper use of the funds.
Any money going to a regional EMS council shall gjLY be used and distributed to licensed,
non-profit emergency medical services, as set forth in the statute.
The regional EMS council shall submit a report to the local governing body on the
distribution and use of these funds.
Such report shall be attached by the local governing body to their annual Report of
Expenditures.
If a report on the use of these funds has not been received from a local governing body, any
funds due to that local governing body for the next fiscal year shall be retained until such time as
the report has been submitted.
• EMS textbooks, workbooks and other materials used in approved training courses
• Supplies (used in training programs), such as disposable gloves, bandages, syringes, needles,
etc.; Equipment, such as manikins, films, videotapes, etc.
• Expensesl associated with state EMS certification and recertification programs to include,
but not limited to, course tuition, test site fees, and travel expenses (mileage, lodging and
meal per diem, other allowable expenses) not to exceed the state or local government rates.
• Expenses] associated with specialty training programs to include, but not limited to, course
tuition and travel expenses (mileage, lodging and meal per diem, other allowable expenses)
not to exceed the state or local government rates.
• Regional training activities such as disaster response drills or other field exercises. Expenses
associated with these activities include but not limited to course tuition and travel expenses
(mileage, lodging and per diem) not to exceed the state or local government rates.
• Expense I and to complete an approved on-line Continuing Education (CE) course that
provides credit toward EMS certification. The following link provides information on
training programs and accessing CE reports.
http://www.vdh.virginia.gov/emergency-medical-services/education-certification/provider-re
sources
Note:
1. EMS agency or provider must provide proof of course completion and the award of CE
credits by the Virginia Office of EMS
2. Firefighter courses are not approved for the use of these funds.
Purchase of necessary eauinment and sugplies needed to:
• Gain access to a patient
• Assess the patient's medical condition
• Provide immediate medical care
• Transport the patient to a medical facility
• Communicate with the dispatcher and medical facility
• Ensure the personal safety of EMS personnel - Personal Protective Equipment (PPE) for
EMS personnel includes, but is not limited to:
o Safety vests (must conform to ANSI standards for roadway incident response)
o Respirators/N95 type mask
o Eye protection (face shield, goggles, etc.)
o Gowns (surgical type protective gowns)
o Patient care gloves
Additionally. EMS Vehicles/EMS personnel with extrication equipment may also be provided
the following PPE equipment:
o Helmets
o Protective (extrication/safety) gloves
o Ear protection
o Steel toed boots
Note: These funds cannot be used to purchase firefighter turnout gear or other PPE utilized for
primary fire services duties or response.
• Maintenance and service contracts for medical equipment utilized in the direct provision of
patient care or training of EMS personnel.
Note: When entering into these contracts, ensure the agreement form is closely examined for
clauses that would void the agreement and/or for items not covered under the agreement. What
are the clauses in the maintenance contract that would make it null and void? For example, if
the equipment was dropped or mishandled, would that be enough to void the agreement? Is the
cost of the agreement reasonable for the services being provided? If so, is the cost of
replacement significant enough to warrant the agreement cost?
• Items funded and purchased with Rescue Squad Assistance Fund (RSAF) grant funds (see
below note)
• Funding organizations or the purchasing of items by or for organizations that are not
licensed, non-profit emergency medical services agencies.
• Furnishings or appliances for squad buildings, training facilities, or fire departments
• Vehicle or building maintenance items
• Building utilities (electric, gas, water, telephone, etc.)
• Housekeeping expenses
• Capital improvements
• Special use equipment for fire suppression
• Firefighter PPE/turnout gear
• Firefighter training courses
• Fund raising or public relations expenses
• Articles of clothing (t -shirts, hats, etc.) that are not personal protective clothing
• Office management expenses
• Law enforcement expenses
• Workers compensation or healthcare related costs
Note: "Any funds received from Section 46.2-694 by a non -state agency cannot be used to match
any other funds derived from Section 46.2-694 by that same non -state agency. " Simply put,
funds returned to localities cannot be used as the matching share of any grants offered using
Four -For -Life funds.
Additional Guidance:
1. These guidelines are very broad in nature; however, the Code of Virginia is specific in that
these funds must be used for EMS training and the purchase of necessary equipment and
supplies for licensed, non-profit emergency medical services agencies. Always ask yourself
if, in the opinion of your locality's administrator or financial director, would this purchase
withstand the scrutiny of an audit or an inquiry by a legislator and meet the intent of the
program? If a strong case can be made by your locality's administrator or financial director,
then please move forward on that expenditure. If not, contact the Office of EMS to discuss
the item(s) and issues.
2. The Office of EMS (OEMS) will always recommend that the 26% Return to Locality portion
of the Four -For -Life funds be used for equipment and supplies that can easily be linked to
direct patient care or the training of Emergency Medical Technicians (EMTs). For those
questionable items, OEMS will suggest that those expenditures be paid from other sources of
revenue such as donations, revenue from insurance payments or other fund sources.
3. Carryover Funds - The EMS funds returned to localities should be used within one year after
receipt. OEMS discourages the carryover of funds into future fiscal years. The carryover of
funds raises an audit red flag and the locality may be asked by OEMS for a spending plan of
action.
FOUR FOR LIFE - RETURN TO LOCALITIES FUNDS
REPORT OF EXPENDITURES
Fiscal Year 2017
(Funds Collected in March 2016 thru February 2017 & Distributed in Fiscal Year 2017)
Locality: COUNTY OF ROANOKE VIRGINIA
POST OFFICE BOX 29800
5204 BERNARD DRIVE
ROANOKE VA 24018-0798
Amount of Funding: $92,565.20
Prior Year Carryover: $106,533.76
Total Reportable: $199,098.96
Instructions: Please complete this form by listing the EMS agency(ies)/organization(s) receiving Four -For -Life Funds and how
the funds were used. Do NOT send copies of invoices or other documents. All documentation should be maintained by the
locality and made available upon request. Forward completed report to:
Office of Emergency Medical Services
Virginia Department of Health
Attn: Kim Barton, Accounting Manager
1041 Technology Park Drive
Glen Allen, VA 23059-4500
Telephone: (804) 888-9100 or (800) 523-6019
Email: kim.barton@vdh.virginia.gov
Summary of Use
Licensed EMS Agencies
Receiving Funds
Training
Equipment
Supplies
TOTAL
#266 Bent Mountain Res
$
$2,440
$
$2,440
#036 Cave Spring Rescue
$
$2,440
$
$2,440
#047 Hollins Rescue
$
$2,440
$
$2,440
#042 Catawba -Masons Cove
Rescue
$
$2,440
$
$2,440
#689 Read Mountain Rescue
$
$2,440
$
$2,440
#033 Vinton First Aid Crew
$
$2,440
$
$2,440
442 Roanoke County F & R
$21,687.06
$6,960.91
$57,985.62
$86,633.59
Carryover Funds Not Ex ended
$97,825.37
TOTAL $21,687.06
$21,600.91
1$57,985.62
1 $199,098.96
I certify that the funds provided to this community were expended in accordance with the Code of Virginia
46.2-694, which requires that funds will be used only for training or the purchase of equipment or supplies to
support Iota EMS non-profit agencies/organizations. Invoices and other supporting documentation will be made
available up n reque t.
u 1- Q% 1$ qqQ 1-7-1;1-
County/City
17;1-County/City Administrator Date Telephone
Revised: April 7, 2017 Make additional copies if more agency lines are needed
FOUR FOR LIFE - RETURN TO LOCALITIES FUNDS
REPORT OF DISPATCH & CALL DATA
Calendar Year 2017
(Dispatch and Call Data for January thru December 2017)
Locality: COUNTY OF ROANOKE VIRGINIA
POST OFFICE BOX 29800
5204 BERNARD DRIVE
ROANOKE VA 24018-0798
Instructions: Please complete this form by listing the licensed EMS agency(ies)/organization(s) in the locality receiving Return
to Localities Funds and the number of emergency calls dispatched in the calendar year noted above. Data used for this report
should be obtained from dispatch/PSAP data, NOT from ImageTrend or patient care reporting systems. Do NOT send
supporting documentation. All supporting documentation shall be maintained by the locality and made available upon request.
Forward completed report to:
Office of Emergency Medical Services
Virginia Department of Health
Attn: Kim Barton, Accounting Manager
1041 Technology Park Drive
Glen Allen, VA 23059-4500
Telephone: (804) 888-9100 or (800) 523-6019
Email: kim.barton@vdh.virginia.gov
Licensed EMS Agency
Number of Calls Marked
as Treated/Transported,
Treated/Released, Patient
Refusal
Number of Calls Marked
as No Patient Found, Call
Cancelled, etc.
TOTAL Number of Calls
Despatched
#266 Bent Mountain Res*
N/A
N/A
N/A
#036 Cave Spring Rescue*
N/A
N/A
N/A
#047 Hollins Rescue*
N/A
N/A
N/A
#042 Catawba -Masons Cove*
N/A
N/A
N/A
#689 Read Mountain Rescue*
N/A
N/A
N/A
#033 Vinton First Aid Crew*
N/A
N/A
N/A
442 Roanoke County F & R**
N/A
N/A
15,672
I certify the di atch & call data reported was collected from this locality's dispatch center or PSAP and is accurate. Supporting
documentatio be malle a ailable upon request.
C-)-7.04. VS s40 177-1- Z00
County/City Administrator Date Telephone
*Figures for these organizations separately are not available from our dispatch data.
"Figures are available from our dispatch data only as total calls.
Revised: April 7, 2017 Make additional copies if more agency lines are needed 2
ACTION NO.
ITEM NO. J.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:
August 28, 2018
Resolution requesting
Transportation (VDOT)
Secondary Road System
David Holladay
Planning Administrator
Thomas C. Gates
County Administrator
the Virginia Department of
to add Lila Drive to the State
Resolution to request the addition of Lila Drive, Hollins Magisterial District, to the
Virginia Department of Transportation Secondary System of State Highways.
BACKGROUND:
Property which includes Lila Drive was purchased by the Board of Supervisors in
2015, through Ordinance #041415-5.
Three additional parcels were subsequently conveyed to the Board of
Supervisors through Ordinance #102516-4, for location of a required turn around.
In order to prepare the roadway for addition to the Secondary System, Roanoke
County contracted the design and construction of improvements to the street.
These improvements included construction of a new turn around, replacement of
two drainage pipes, and asphalt overlay of the entire roadway.
DISCUSSION:
Scoping and design of the Plantation Road Streetscape project demonstrated the need
for a traffic signal at the intersection of Lila Drive and Plantation Road. In order to
construct the traffic signal with State funds, Lila Drive, which is a private road, would
need to be brought into the state secondary system. In 2015, the Board of Supervisors
begun this process with the acquisition of property including Lila Drive. Three smaller
Page 1 of 2
parcels for a turnaround were conveyed to the Board of Supervisors in 2016. In 2018,
Roanoke County contracted improvements to the street, which is now ready for addition
to the secondary system. Virginia Department of Transportation addition form AM -4.3 is
attached to this report. Also attached is Exhibit A showing the entire property of Lila
Drive.
Lila Drive is being added to the secondary system as a "no cost rural addition", meaning
that no Virginia Department of Transportation funds were used to design or construct
the improvements. The attached resolution references the appropriate Code of Virginia
section for such an addition.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item. Roanoke County Capital
Improvement Program funds, previously allocated through fiscal year 2018, were used
for the construction.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the resolution requesting
VDOT add Lila Drive to the secondary system of State highways.
Page 2 of 2
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REQUESTED BY
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EXHIBIT "A"
SHOWNG
LILA DRIVE
REQUESTED BY
BOARD OF SUPERVISORS, ROANOIE D COUNTY
TO BE ACCEPTED INTO
I VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
1 HOWNS MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGRUA
SCALE: 1"= 120' DATE: JULY 30, 2018
FMAIID 1R li0 l COMITY MIPA2'l�ii 07 0010IIRTY ILOPYOPf
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON THURSDAY, AUGUST 28, 2018
RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ADD LILA DRIVE TO THE SECONDARY
SYSTEM OF HIGHWAYS, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the Salem Residency Office of the Virginia Department of
Transportation recommends that Lila Drive be added to the secondary system of state
highways as a no cost rural addition pursuant to Section 33.2-705 and Commonwealth
Transportation Board policy, because the street meets current minimum standards, the
condition of the existing hard surface is serviceable, and the street has provided
continuous public service since its establishment in 1958; and
WHEREAS, the Salem Residency Office of the Virginia Department of
Transportation confirms that no Department funds are required to improve the street
described on the attached additions form AM -4.3 to meet current minimum design or
maintenance standards of the Department; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors requests the Virginia Department of
Transportation to add the street described on the attached additions form
AM -4.3 to the secondary system of state highways, pursuant to Section
33.2-705, Code of Virginia and Rural Addition Policy of the
Commonwealth Transportation Board of the Virginia Department of
Transportation
Page 1 of 2
2. That the Board of Supervisors guarantees a clear and unrestricted right of
way, as described on the attached form AM -4.3, and any necessary
easements for cuts, fills and drainage.
3. That the Chief Deputy Clerk to the Board forthwith send a certified copy of
this Resolution to the Resident Engineer of the Virginia Department of
Transportation.
4. That this resolution is effective immediately.
Page 2 of 2
In the County of Roanoke
-----------------------------------------------------------------------------------------------------------------
By resolution of the governing body adopted August 28, 2018
The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
A Copy Testee Signed (County Official):
Report of Changes in the Secondary System of State Highways
Project/Subdivision Lila Drive Rural Addition
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change: Rural Addition (CTB Policy - No Cost)
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
♦ Lila Drive, State Route Number 2023
Old Route Number: 0
--—————————————————————————————————————————-
• From: INT ROUTE 115
To: END T -TURNAROUND, a distance of: 0.18 miles.
Recordation Reference: Instr# 201503432
Right of Way width (feet) = 0
VDOT Form AM -43 (4/20/2007) Maintenance Division
Date of Resolution: August 28, 2018 Page 1 of 1
ACTION NO.
ITEM NO. J.7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
Confirmation of appointment to the Chief Local Elected
Officials Consortium (CLEO) (At -Large); Economic
Development Authority (EDA) (District); Social Services
Advisory Board (At -Large)
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
Confirmation of appointments
DISCUSSION:
Chief Local Elected Officials Consortium (CLEO) (At -Large):
During the closed session held on August 8, 2018, it was the consensus of the Board of
Supervisors to appoint Martha B. Hooker and P. Jason Peters (Alternate) to the above
Consortium. There is no term limit to these appointments.
Economic Development Authority (EDA) (District):
Supervisor Phil C. North has recommended the reappointment of Max Beyer to this
Authority for an additional four-year term to expire September 21, 2022.
Social Services Advisory Board (At -Large):
The consensus of the Board of Supervisors is to recommend the reappointment of
Martha B. Hooker to an additional four-year term to expire July 31, 2022.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact associated with these appointments.
STAFF RECOMMENDATION
There is no staff recommendation associated with these appointments.
Page 2 of 2
ACTION NO.
ITEM NO. J.8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
August 28, 2018
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Barry K. Agnew, Human
Resources Consultant, upon his retirement after eleven (11)
years of service
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
Recognition of the retirement of Barry K. Agnew
BACKGROUND:
Barry K. Agnew retired on August 1, 2018, after eleven years of service with Roanoke
County's Human Resources Department.
Mr. Agnew is unable to attend today's meeting and his quilt and resolution will be mailed
to his 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 adoption 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, AUGUST 28 2018
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO BARRY K. AGNEW, HUMAN
RESOURCES CONSULTANT, UPON HIS RETIREMENTAFTER ELEVEN
(11) YEARS OF SERVICE
WHEREAS, Mr. Agnew was employed by Roanoke County on July 17, 2007; and
WHEREAS, Mr. Agnew retired on August 1, 2018, after eleven years of devoted,
faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Agnew's tenure with the Human Resources Department, he
served as a Human Resources Consultant and served with professionalism and dedication
in providing services to the citizens of Roanoke County; and
WHEREAS, Mr. Agnew was responsible for various revisions and maintenance to
the County's classification and compensation systems, ensuring that County employees
were rewarded as fairly and equitably as possible for their work on behalf of the citizens,
even during times of economic downturn; and
WHEREAS, during his time with the County, he assisted with implementation of
many initiatives, including a new on-line hiring system, several upgrades of the HR/Payroll
System, improvements to the records retention software, application of the Affordable Care
Act requirements to the County, and creation of the County's wellness clinic.
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 BARRY K. AGNEW for eleven years of capable, loyal and dedicated service to
Roanoke County; and
Page 1 of 2
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 2 of 2
ACTION NO.
ITEM NO. J.9
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:
August 28, 2018
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to William Martin Louthian,
Jr, Police Community Services Officer, upon his retirement
after seventeen (17) years of service
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
Recognition of the retirement of William Martin Louthian, Jr.
BACKGROUND:
William Martin Louthian, Jr. retired on August 1, 2018, after seventeen years and ten
months of service with Roanoke County's Police Department.
Mr. Louthian is unable to attend today's meeting and his quilt and resolution will be
mailed to his 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 adoption 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, AUGUST 28, 2018
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO WILLIAM M. LOUTHIAN
POLICE OFFICER, UPON HIS RETIREMENT AFTER EIGHTEEN (18)
YEARS OF SERVICE
WHEREAS, Mr. Louthian was employed by Roanoke County on September 30th,
2000 -land
WHEREAS, Mr. Louthian retired on August 1st, 2018, after eighteen years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Louthian's tenure with the Police Department, he has served
as a Police Officer and as a Community Service Officer, where he served with
professionalism and dedication in providing services to the citizens of Roanoke County;
WHEREAS, Mr. Louthian was a valued employee throughout his tenure at the
Police Department. Mr. Louthian served the community with passion and professionalism
that have been recognized by his peers, supervisors, and by citizens that he had interacted
with throughout his career.
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 WILLIAM M. LOUTHIAN for eighteen years of capable, loyal and dedicated
service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 1 of 1
ACTION NO.
ITEM NO. J.10
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:
August 28, 2018
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Randall S. Spence,
Battalion Chief -Operations, upon his retirement after thirty
(30) years of service
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
Thomas C. Gates
County Administrator
Recognition of the retirement of Randall S. Spence
BACKGROUND:
Randall S. Spence retired on July 1, 2018, after thirty years and six months of service
with Roanoke County's Fire and Rescue Department.
Mr. Spence is unable to attend today's meeting and his quilt and resolution will be
mailed to his 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 adoption 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, AUGUST 28, 2018
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO RANDALL S. SPENCE,
BATTALION CHIEF -OPERATIONS, UPON HIS RETIREMENT AFTER
THIRTY (30) YEARS OF SERVICE
WHEREAS, Chief Spence was employed by Roanoke County on May 6,1985-1 and
again on December 10, 2001; and
WHEREAS, Chief Spence retired on July 1, 2018, after thirty years and six months
of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Chief Spence's tenure with Roanoke County's Fire and Rescue
Department he served as a Firefighter, Sergeant, Fire Lieutenant, Fire Inspector, Deputy
Fire Marshal, Fire Captain and Battalion Chief -Operations, and served with professionalism
and dedication in providing services to the citizens of Roanoke County;
WHEREAS, Chief Spence was a certified law enforcement officer while a Deputy
Fire Marshal and was in charge of many significant arson related investigations that he was
able to close through outstanding investigative work; and
WHEREAS, Chief Spence was a trusted member of the Department's Senior Staff
and helped chart the direction of the Department for years to come.
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 RANDALL S. SPENCE for more than thirty years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 1 of 1
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COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
Outstanding
June 30, 2018 Additions Deletions
General Obligation Bonds $ 2,765,175 $
VPSA School Bonds 78,883,082
Lease Revenue Bonds 81,845,705
Submitted By
Approved By
$ 163,493,962 $
Rebecca E. Owens
Director of Finance
Thomas C. Gates
County Administrator
Outstanding
August 28, 2018
$ 2,765,175
8,121,855 70,761,227
81,845,705
$ 8,121,855 - $ 155,372,107
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ACTION NO.
ITEM NO.
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:
August 28, 2018
Accounts Paid -July 2018
Rebecca E. Owens
Director of Finance
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Payments to Vendors
Payroll 07/13/18
Payroll 07/27/18
Manual Checks
Grand Total
Direct Deposit
1,385,198.75
1,431,201.86
Checks Total
$ - $ 19,093,692.79
74,911.72 1,460,110.47
49,781.74 1,480,983.60
6,203.23 6,203.23
$ 22,040,990.09
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
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:
August 28, 2018
Work session to update the Board of Supervisors on the
strategic direction of Economic Development in the County
of Roanoke
Jill Loope
Director of Economic Development
Thomas C. Gates
County Administrator
This time has been set aside to discuss with the Board of Supervisors the strategic
direction of Economic Development in Roanoke County.
Page 1 of 1
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:
August 28, 2018
Work session to update the Board of Supervisors on
proposed amendments to the Erosion and Sediment Control
Ordinance to provide a stream buffer
Tarek Moneir
Acting Director of Development Services
Thomas C. Gates
County Administrator
Amendment to the Erosion and Sediment Control Ordinance to provide for the creation
of stream buffers
BACKGROUND:
Roanoke County has many streams, including the Roanoke River, that are impaired due
to excessive sediment loadings. A significant cause of sediment reaching local waters
is its migration from land -disturbing activities, especially those located in the "aquatic
corridor", i.e., that area where the land and water meet. Grading all the way down to the
stream bank or placing fill materials near or at the creek, results in bare soil that is
highly subject to erosion. Once erosion starts, the dislodged soil particles start to
migrate and eventually enter the adjacent waterway. This causes property damage for
the landowner, fouls habitat for the fish and other aquatic life, and degrades overall
water quality.
In an effort to prevent further damage to area waterways and avoid the consequences
mentioned above, staff requests the Board of Supervisors consider adoption of stream
buffer requirements via revisions to Chapter 8.1 (Erosion and Sediment Control) to the
Roanoke County Code.
During the work session, staff will review a proposal to establish a 25 feet wide
undisturbed buffer on both sides of perennial and intermittent streams and wetlands.
Page 1 of 2
This requirement would affect all land -disturbing activities beside streams that require
permitting under the County's Erosion and Sediment Control (ESC) Ordinance.
Page 2 of 2
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Chapter 8.1 - EROSION AND SEDIMENT CONTROLU
DRAFT
Footnotes:
Editor's note— Ord. No. 022316-7 , § 1, adopted February 23, 2016, in effect repealed ch. 8. 1, §§ 8.1-
1-8.1-11 and enacted a new ch. 8. 1, §§ 8.1-1-8.1-12 as set out herein. Former ch. 8.1 pertained to
similar subject matter and derived from Ord. No. 012704-9, adopted January 27, 2004; Ord. No. 082206-
3, adopted August 22, 2006; Ord. No. 092507-5, adopted September 25, 2007; Ord. No. 052708-19,
adopted May 27, 2008; and Ord. No. 092308-3 adopted September 23, 2008.
Cross reference— Building regulations, Ch. 7; sewers and sewage disposal, Ch. 18; water, Ch. 22;
zoning, App. A; subdivisions, App. B.
State I-aw referenrP— Frosion and Sediment Control Law, Code of Virginia, § 10.1-50 et seq
Sec. 8.1-1. - Title, purpose and authority.
This chapter shall be known as the "Erosion and Sediment Control and Steep Slope Development
Ordinance of the County of Roanoke, Virginia." The purpose of this chapter is to prevent degradation of
properties, stream channels, waters and other natural resources of the county by establishing
requirements for the control of soil erosion, sediment deposition and non-agricultural runoff,by
establishing requirements for development of steep slopes_, by developing requirements to maintain and
establish stream buffers; and by establishing procedures whereby these requirements shall be
administered and enforced.
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4, known as the
Virginia Erosion and Sediment Control Lawj[Aii.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-2. - Applicability of chapter in Town of Vinton.
The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton.
Administrative procedures and review fees may be established to accommodate the review of plans for
development located within the town.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-3. - Definitions.
As used in this chapter, unless the context requires a different meaning:
Agreement in lieu of a plan means a contract between the plan -approving authority and the owner
that specifies conservation measures that must be implemented in the construction of a single-family
residence; this contract may be executed by the plan -approving authority in lieu of a formal site plan.
Agreement in lieu of a plan also means a contract between the plan -approving authority and the owner
that specifies conservation measures that must be implemented in the construction of any land disturbing
activity, other than a single-family residence, that disturbs between two thousand five hundred (2,500)
square feet and nine thousand nine hundred and ninety-nine (9,999) square feet; this contract may be
executed by the plan -approving authority in lieu of a formal site plan.
Applicant means any person submitting an erosion and sediment control plan for approval or
requesting the issuance of a permit, when required, authorizing land -disturbing activities to commence.
Board means the Virginia State Water Control Board.
Certified inspector means an employee or agent of a VESCP authority who (i) holds a certificate of
competence from the board in the area of project inspection or (ii) is enrolled in the board's training
program for project inspection and successfully completes such program within one (1) year after
enrollment.
Certified plan reviewer means an employee or agent of a VESCP authority who (i) holds a certificate
of competence from the board in the area of plan review, (ii) is enrolled in the board's training program for
plan review and successfully completes such program within one (1) year after enrollment, or (iii) is
licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to
Article 1 (section 54.1-400 et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as defined in
section 54.1-2200 of the Code of Virginia.
Certified program administrator means an employee or agent of a VESCP authority who (i) holds a
certificate of competence from the board in the area of program administration or (ii) is enrolled in the
board's training program for program administration and successfully completes such program within one
(1) year after enrollment.
Clearing means any activity which removes the vegetative ground cover including, but not limited to,
root mat removal or top soil removal.
County means the County of Roanoke.
Department means the Department of Environmental Quality.
Development means a tract or parcel of land developed or to be developed as a single unit under
single ownership or unified control which is to be used for any business or industrial purpose or is to
contain three (3) or more residential dwelling units.
Director means the Director of the Department of Environmental Quality.
District or soil and water conservation district refers to the Blue Ridge Soil and Water Conservation
District.
Erosion and sediment control plan or plan means a document containing material for the
conservation of soil and water resources of a unit or group of units of land. It may include appropriate
maps, an appropriate soil and water plan inventory, and management information with needed
interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all
major conservation decisions and all information deemed necessary by the county to assure that the
entire unit or units of land will be so treated to achieve the conservation objectives. An erosion and
sediment control plan must be prepared by a Virginia professional engineer, land surveyor, landscape
architect, architect, or professional soil scientist.
Erosion impact area means an area of land not associated with current land disturbing activity but
subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into
state waters. This definition shall not apply to any lot or parcel of land of ten thousand (10,000) square
feet or less used for residential purposes.
Excavating means any digging, scooping or other methods of removing earth materials.
Filling means any depositing or stockpiling of earth materials.
Geotechnical report means a report provided at the applicant's expense, prepared and stamped by a
professional engineer, that communicates site conditions, and recommends design and construction
methods.
(1) The geotechnical report shall include any or all of the following basic information, as
determined by the professional engineer:
a. Summary of all subsurface exploration data, including subsurface soil profile, exploration
logs, laboratory or in situ test results, and ground water information;
b. Interpretation and analysis of the subsurface data;
c. Specific engineering recommendations for design;
d. Discussion of conditions for solution of anticipated problems; and
e. Recommended geotechnical special provisions.
(2) For guidance in investigating site conditions and preparing geotechnical reports, the
professional engineer may refer to all applicable sections of the "Checklist and Guidelines for
Review of Geotechnical Reports and Preliminary Plans and Specifications," US Department of
Transportation, Federal Highway Administration Publication No. FHWA ED -88-053, as
amended.
(3) The geotechnical report shall be submitted to the plan -approving authority and included in site
development files prior to issuance of a land disturbing permit.
Grading means any excavating or filling of earth material or any combination thereof, including the
land in its excavated or filled conditions.
Intermittent Stream means a stream that has a well-defined channel that contains water for only a
part of the year during a year of normal rainfall (typically winter and spring). The stream flow from
groundwater may be heavily supplemented by stormwater. Disturbance of an intermittent stream may
require permitting from the Virginia Department of Environmental Quality and/or the United States Corps
of Engineers.
Land -disturbing activity means any man-made change to the land surface that may result in soil
erosion from water or wind and the movement of sediments into state waters or onto lands in the
commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land,
except that the term shall not include:
(1) Minor land -disturbing activities such as home gardens and individual home landscaping,
repairs and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance, or repairs of any underground public utility lines when such activity
occurs on an existing hard -surfaced road, street or sidewalk provided such land -disturbing
activity is confined to the area of the road, street or sidewalk that is hard -surfaced;
(4) Septic tank lines or drainage fields unless included in an overall plan for land -disturbing activity
relating to construction of the building to be served by the septic tank system;
(5) Permitted surface or deep mining operations and projects, or oil and gas operations and
projects conducted pursuant to Title 45.1 of the Code of Virginia;
(6) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot
operations; including engineering operations as follows: construction of terraces, terrace outlets,
check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall
not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested
artificially or naturally in accordance with the provisions of Chapter 11 (Section 10.1-1100 et
seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved
pasture use as described in subsection B of section 10.1-1163;
(7) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other
related structures and facilities of a railroad company;
(8) Agricultural engineering operations including but not limited to the construction of terraces,
terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam
Safety Act (Va. Code § 10.1-604 et seq.) ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation;
(9) Disturbed land areas of less than two thousand five hundred (2,500) square feet in size; except
as herein described for residential development in section 8.1-6(e).
(10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or
poles;
(11) Emergency work to protect life, limb or property, and emergency repairs; however, if the land -
disturbing activity would have required an approved erosion and sediment control plan, if the
activity were not an emergency, then the land area disturbed shall be shaped and stabilized in
accordance with the requirements of this chapter.
Land -disturbing permit or approval means a permit or other form of approval issued by the county for
the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any
other land disturbing activity set forth herein.
Natural channel design concepts means the utilization of engineering analysis and fluvial
geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the
purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and
allows larger flows to access its bankfull bench and its floodplain.
Ordinary Hiph Water Mark means that line on the shore established by the fluctuations of water and
indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving,
changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or
other appropriate means that consider the characteristics of the surrounding areas
Owner means the owner or owners of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other
person, firm or corporation in control of a property.
Peak flow rate means the maximum instantaneous flow from a given storm condition at a particular
location.
Perennial Stream means a stream that has a well-defined channel that contains water year around
during a year of normal rainfall. Groundwater is the primary source of water, but the stream also carries
storm water. Disturbance of a perennial stream may require permitting from the Virginia Department of
Environmental Quality and/or the United States Corps of Engineers.
Permittee means the person to whom the land -disturbing approval is issued or the person who
certifies that the approved erosion and sediment control plan will be followed.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city,
town or other political subdivision of the commonwealth, any interstate body, or any other legal entity.
Responsible land disturber or RLD means an individual holding a certificate issued by the
department who is responsible for carrying out the land -disturbing activity in accordance with the
approved ESC plan. In addition, the RLD may be a Virginia professional engineer, land surveyor,
landscape architect, architect, or professional soil scientist, provided that it is the same licensed
professional who sealed and signed the ESC plan. The RLD may be the owner, applicant, permittee,
designer, superintendent, project manager, contractor, or any other project or development team
member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land
disturbance.
Runoff volume means the volume of water that runs off the land development project from a
prescribed storm event.
Single-family residence means a noncommercial dwelling that is occupied exclusively by one (1)
family.
Steep slope means a slope greater than 3:1, or thirty-three and one-third (33.3) percent.
Stream buffer means an area that is adjacent to a perennial or intermittent stream, or contiquous
nontidal wetlands, where natural grades and natural vegetation are left undisturbed or where vegetation is
established. The stream buffer serves to protect the stream banks from excessive erosion and to allow
stormwater runoff from surrounding land to flow through it to the stream in a diffuse manner so that the
runoff does not become channelized and which provides for infiltration of the runoff and filterinq out
sediment and other nonpoint source pollutants from runoff. No land clearing or land qradinq shall occur in
a stream buffer, except as allowed by this ordinance.
State permit means an approval to conduct a land -disturbing activity issued by the board in the form
of a state stormwater individual permit or coverage issued under a state general permit.
State waters means all waters on the surface and under the ground wholly or partially within or
bordering the commonwealth or within its jurisdictions.
Town means the incorporated Town of Vinton.
Transporting means any moving of earth materials from one (1) place to another place other than
such movement incidental to grading, when such movement results in destroying the vegetative ground
cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will
result from the soil or earth materials over which such transporting occurs.
Virginia Erosion and Sediment Control Program or VESCP means a program approved by the board
that has been established by a VESCP authority for the effective control of soil erosion, sediment
deposition, and non-agricultural runoff associated with a land -disturbing activity to prevent the
unreasonable degradation of properties, stream channels, waters, and other natural resources and shall
include such items where applicable as local ordinances, rules, permit requirements, annual standards
and specifications, policies and guidelines, technical materials, and requirements for plan review,
inspection, enforcement where authorized in this article, and evaluation consistent with the requirements
of this article and its associated regulations.
VESCP plan -approving authority means the director of community development or his assignee,
which is responsible for determining the adequacy of a plan submitted for land -disturbing activities on a
unit or units of lands and for approving plans.
VESCP authority or program authority means the county which has adopted a soil erosion and
sediment control program that has been approved by the board.
Water quality volume means the volume equal to the first one-half ('/2) inch of runoff multiplied by the
impervious surface of the land development project.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-4. - Administration of chapter in conjunction with subdivision and zoning ordinances
This chapter shall be administered, where applicable, in conjunction with the county's subdivision
and zoning ordinances wherein such apply to the development and subdivision of land within the county
or where such apply to development on previously subdivided land within the county.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-5. - Local erosion and sediment control program.
(a) Pursuant to section 62.1-44.15:54 of the Code of Virginia, the county hereby establishes a VESCP
program and adopts the regulations promulgated by the board; with the exception that the
requirements contained in 9VAC25-840-40.19 do not apply to the regulated land -disturbing activities
that meet the requirements of 8.1-7 of this chapter; (for the effective control of soil erosion and
sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters
and other natural resources) and the Virginia Erosion and Sediment Control Handbook, as amended,
and those more stringent local criteria which the county board of supervisors, may adopt by
resolution and incorporate into the manual of regulations and policies entitled "Stormwater
Management Design Manual" and "Design and Construction Standards Manual."
(b) In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014
that provides for stormwater management that addresses any flow rate capacity and velocity
requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity
requirements for natural or man-made channels if the practices are designed to (i) detain the water
quality volume and to release it over forty-eight (48) hours; (ii) detain and release over a 24-hour
period the expected rainfall resulting from the one (1) year, 24-hour storm; and (iii) reduce the
allowable peak flow rate resulting from the one and one half (1.5), two (2), and 10 -year, 24-hour
storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a
good forested condition, achieved through multiplication of the forested peak flow rate by a reduction
factor that is equal to the runoff volume from the site when it was in a good forested condition divided
by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate
capacity and velocity requirements for natural or man-made channels.
(c) For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for
natural and man-made channels shall be satisfied by compliance with water quantity requirements
specified in § 62.1-44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia
Stormwater Management Program (VSMP) regulations, unless such land -disturbing activities are in
accordance with the grandfathering provisions of the Virginia Stormwater Management Program
(VSMP) Regulations.
(d) The county hereby designates the director of community development or his assignee as the plan -
approving authority.
(e) The program and regulations provided for in this chapter shall be made available for public
inspection at the office of the department of community development.
(f) Pursuant to section 62.1-44.15:53 of the Code of Virginia, an erosion and sediment control plan shall
not be approved until it is reviewed by a certified plan reviewer. Inspections of land -disturbing
activities shall be conducted by a certified inspector. The erosion control program of the county shall
contain a certified program administrator, a certified plan reviewer, and a certified inspector, who
may be the same person.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-6. - Regulated land -disturbing activities; submission and approval of plans; contents of plans.
(a) Except as provided herein, no person may engage in any land -disturbing activity until he or she has
submitted to the department of community development an erosion and sediment control plan for the
land -disturbing activity and such plan has been approved by the VESCP authority. No approval to
begin a land -disturbing activity will be issued unless evidence of state permit coverage is obtained
where it is required. Where land -disturbing activities involve lands under the jurisdiction of more than
one (1) VESCP, an erosion and sediment control plan, at the option of the applicant, may be
submitted to the department for review and approval rather than to each jurisdiction concerned. The
department may charge the applicant a fee sufficient to cover the cost associated with conducting
the review.
(b) Where the land -disturbing activity results from the construction of a single-family residence, an
agreement in lieu of a plan may, at the discretion of the county, be substituted for an erosion and
sediment control plan if executed by the plan -approving authority. Additional requirements are given
below:
(1) Where the land -disturbing activity, from the construction of a single-family residence, results in
less than five thousand (5,000) square feet of disturbed area, an "agreement in lieu of a plan"
shall be accompanied by a plot plan that meets the county building permit plot plan
requirements.
(2) Where the land -disturbing activity, from the construction of a single-family residence, results in
five thousand (5,000) square feet or more of disturbed area, an "agreement in lieu of a plan"
shall be accompanied by a plot plan that meets the county building permit plot plan
requirements, prepared by a responsible land disturber, Virginia professional engineer, land
surveyor, landscape architect, architect, or professional soil scientist. A responsible land
disturber must also be provided and identified.
(3) The county may require additional information, or may decline to execute an agreement in lieu
of a plan and may require an erosion and sediment control plan in instances where, in the
county's opinion, it is necessary to properly protect downstream properties or the environment.
(c) An erosion and sediment control plan shall be filed for a development and the buildings constructed
within, regardless of the phasing of construction.
(d) If individual lots or sections in a residential development are being developed by different property
owners, all land -disturbing activities related to the building construction shall be covered by an
erosion and sediment control plan or an "agreement in lieu of a plan" signed by the property owner.
The property owner is responsible for complying with the provisions of (a) or (b) above for each lot to
obtain an erosion and sediment control permit.
(e) Land -disturbing activity of less than two thousand five hundred (2,500) square feet on individual lots
in a residential development shall not be considered exempt from the provisions of this chapter, if the
total land -disturbing activity in the development is equal to or greater than two thousand five hundred
(2,500) square feet.
(f) The standards contained with the "Virginia Erosion and Sediment Control Regulations," and The
Virginia Erosion and Sediment Control Handbook, as amended and those more stringent local
criteria which the board of supervisors of the county, may adopt by resolution and incorporate into
the manual of regulations and policies entitled "Stormwater Management Design Manual" and
"Design and Construction Standards Manual" are to be used by the applicant when making a
submittal under the provisions of this chapter and in the preparation of an erosion and sediment
control plan. In cases where one standard conflicts with another, the more stringent applies. The
VESCP plan -approving authority, in considering the adequacy of a submitted plan, shall be guided
by the same standards, regulations and guidelines.
(g) The VESCP plan -approving authority shall review erosion and sediment control plans submitted to it
and grant written approval within sixty (60) days of the receipt of the plan if it determines that the
plan meets the requirements of the Erosion and Sediment Control Law and the board's regulations,
and if the person responsible for carrying out the plan certifies that he will properly perform the
measures included in the plan and will conform to the provisions of this chapter. In addition, as a
prerequisite to engaging in the land -disturbing activities shown on the approved plan, the person
responsible for carrying out the plan shall provide the name of the responsible land disturber, to the
program authority, as provided by § 62.1-44.15:52, of the Virginia Erosion and Sediment Control
Law, who will be in charge of and responsible for carrying out the land -disturbing activity. Failure to
provide the name of the responsible land disturber, prior to engaging in land -disturbing activities may
result in revocation of the approval of the plan and the person responsible for carrying out the plan
shall be subject to the penalties provided in this chapter. However, the VESCP plan -approving
authority may waive the certificate of competence requirement for an agreement in lieu of a plan for
construction of a single family residence. If a violation occurs during the land -disturbing activity, then
the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and
provide the name of the responsible land disturber, as provided by § 62.1-44.15:52 of the Virginia
Erosion and Sediment Control Law. Failure to provide the name of the responsible land disturber
shall be a violation of this chapter.
(h) When the plan is determined to be inadequate, written notice of disapproval stating the specific
reasons for disapproval shall be communicated to the applicant within forty-five (45) days. The notice
shall specify the modifications, terms and conditions that will permit approval of the plan. If no action
is taken by the plan -approving authority within the time specified above, the plan shall be deemed
approved and the person authorized to proceed with the proposed activity.
(i) The VESCP authority shall act on any erosion and sediment control plan that has been previously
disapproved within forty-five (45) days after the plan has been revised, resubmitted for approval, and
deemed adequate.
Q) The VESCP authority may require changes to an approved plan when:
(1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or
(2) The person responsible for carrying out the plan finds that because of changed circumstances
or for other reasons the approved plan cannot be effectively carried out, and proposed
amendments to the plan, consistent with the requirements of this chapter, are agreed to by the
plan approving authority and the person responsible for carrying out the plan; or -
(3) A land -disturbing activity does not begin during the 180 -day period followinq plan approval or it
ceases for more than 180 days. In this event, the VESCP authority may evaluate the existing
approved erosion and sediment control plan to determine whether the plan still satisfies local
and state erosion and sediment control criteria and to verify that all design factors are still valid.
If the VESCP authority finds the previously filed plan to be inadequate, a modified plan shall be
submitted and approved prior to the resumption of land -disturbing activity.
(k) Variances. The VESCP plan -approving authority may waive or modify any of the standards that are
deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance
may be granted under these conditions:
(1) At the time of plan submission, an applicant may request a variance to become part of the
approved erosion and sediment control plan. The applicant shall explain the reasons for
requesting variances in writing. Specific variances which are allowed by the plan -approving
authority shall be documented in the plan.
(2) During construction, the person responsible for implementing the approved plan may request a
variance in writing from the plan -approving authority. The plan -approving authority shall respond
in writing either approving or disapproving such a request. If the plan -approving authority does
not approve a variance within ten (10) days of receipt of the request, the request shall be
considered to be disapproved. Following disapproval, the applicant may resubmit a variance
request with additional documentation.
(3) The VESCP authority shall consider variance requests judiciously, keeping in mind both the
need of the applicant to maximize cost effectiveness and the need to protect off-site properties
and resources from damage.
(1) In order to prevent further erosion, the county may require the property owner of land identified by
the county as an erosion impact area to immediately take actions to minimize the delivery of
sediment onto neighboring properties or into state waters, and to prepare and submit to the county
an Erosion and Sediment Control Plan that details how the erosion impact area will be permanently
stabilized. Failure by the property owner to comply with county directions to immediately take actions
to minimize the delivery of sediment onto neighboring properties or into state waters; or failure to
submit an Erosion and Sediment Control Plan within a reasonable time period set by the county; or
failure to implement the Erosion and Sediment Control Plan after approval by the county within a
reasonable time period set by the county shall be a violation of this chapter. Such violation shall be
subject to all of the penalties and other legal actions contained in section 8.1-10.
(m) When a land -disturbing activity will be required of a contractor performing construction work
pursuant to a construction contract, the preparation, submission, and approval of an erosion control
plan shall be the responsibility of the property owner.
(n) In accordance with the procedure set forth in § 62.1-44.15:55 (E) of the Code of Virginia, any
person engaging, in more than one (1) jurisdiction, in the creation and operation of wetland mitigation
or stream restoration banks, which have been approved and are operated in accordance with
applicable federal and state guidance, laws, or regulations for the establishment, use, and operation
of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed
by the department of environmental quality, the virginia marine resources commission, or the U.S.
Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control
specifications for wetland mitigation or stream restoration banks annually with the board for review
and approval consistent with guidelines established by the board. Approval of general erosion and
sediment control specifications does not relieve the owner or operator from compliance with any
other local ordinances and regulations including requirements to submit plans and obtain permits as
may be required by such ordinances and regulations.
(o) State agency projects are exempt from the provisions of this chapter, except as provided for in the
Code of Virginia, section 62.1-44.15:56.
(p) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to the International
Building Code, Chapter 18, as amended, for foundation clearances from slopes.
(q) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a geotechnical
report is provided for the proposed slopes.
(r) Cut slopes or fill slopes shall not be greater than twenty-five (25) vertical feet in height, unless a
geotechnical report is provided for the proposed slopes. Cut slopes or fill slopes less than or equal to
3:1 (horizonta]:vertical) may exceed twenty-five (25) vertical feet in height and shall not require a
geotechnical report.
(s) For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) or greater than or
equal to twenty-five (25) vertical feet in height with a slope greater than 3:1 (horizontal:vertical), as -
built plans showing that the finished geometry, based on a field survey performed by a licensed
surveyor, is in substantial conformity with the design shall be provided to the plan -approving
authority.
(t) Fill materials, compaction methods and density specifications shall be indicated on the site
development plans. Fill areas intended to support structures shall also be indicated on the site
development plans.
(u) Development plans for all new subdivisions shall show proposed lot grades to ensure positive
drainage.
(v) Stream Buffers A21
(1) Except as provided in this section, each regulated land disturbing activity shall provide for stream
buffers for the purposes of retarding runoff, preventing stream bank erosion, and filtering
nonpoint source pollution from runoff. Stream buffers shall be retained if present and
established where they do not exist on any lands containing perennial or intermittent streams,
or contiguous nontidal wetlands. The stream buffer shall extend to twenty five (25) feet on each
side of any perennial or intermittent stream or contiguous nontidal wetlands, measured
horizontally from the edge of the contiguous nontidal wetlands, or the ordinary high water mark
if no wetlands exist.
(2) Each stream buffer required to be retained or established shall be managed as provided herein:
i. Target vegetative cover. The preferred vegetative cover in a stream buffer shall be a native
riparian forest with ground cover, shrub, and tree canopy lavers.
ii. Each stream buffer shall be maintained in as natural a condition as possible. Natural ground
contours and native vegetation shall be preserved to the fullest extent possible.
The following types of improvements and activities shall not be required to retain, establish, or
manage a stream buffer, provided that the requirements of this section are satisfied:
i. The construction, installation, operation and maintenance of electric, gas and telephone
transmission lines, railroads, and activities of the Virginia Department of Transportation, and
their appurtenant structures, which are accomplished in compliance with the Erosion and
Sediment Control Law (Virginia Code § 62.1-44.15:51 et seq.) or an erosion and sediment
control plan approved by the State Water Control Board.
ii. The construction, installation, and maintenance by public agencies of storm drainage, water
and sewer lines.
iii. The construction and installation of water and sewer lines constructed by private interests for
dedication to public agencies, provided that all of the following are satisfied: 1. To the extent
practical, as determined by the administrator, the location of the water or sewer lines, shall be
outside of all stream buffer areas. 2. No more land shall be disturbed than is necessary to
construct, install and maintain the water or sewer lines. 3. All construction and installation of the
water or sewer lines shall comply with all applicable Federal, State and local requirements and
permits and be conducted in a manner that protects water quality.
(4) The following types of structures, control measures and activities shall be allowed in a stream
buffer, provided that the requirements of this section are satisfied:
i. Temporary erosion and sediment control measures. Temporary erosion and sediment control
measures, provided that to the extent practical, as determined by the administrator, the control
measures shall be located outside of the stream buffer and disturbance impacts are minimized.
Upon removal of the temporary measures, grading and plantings shall be provided to
reestablish the stream buffer.
ii. Water -dependent facilities; water wells; passive recreation access, such as pedestrian trails
and bicycle paths; historic preservation; archaeological activities; provided that all applicable
Federal, State and local permits are obtained.
iii. Storm drainage facilities necessary to drain to the stream, provided that the disturbance to the
buffer is minimized.
iv. Stream crossings of perennial and intermittent streams for roads, streets or driveways,
provided that all of the following are satisfied: 1.Disturbance to the natural stream bed is
minimized. The number of stream crossings shall be limited to the minimum number required to
develop the site. 2. Provide for stream stabilization and energy dissipation measures below the
crossing. 3. Disturb no more than thirty (30) linear feet of stream buffer for driveways and sixty
(60) linear feet of stream buffer for streets and roads, provided that the administrator may allow
additional length of stream disturbance where fill slopes or special conditions necessitate
additional length. 4. The stream bed and stream banks shall be stabilized within seven (7) days
from the start of backfilling for the bridge or culvert. 5. All construction and installation of the
stream crossing shall comply with all other Federal, State, and local requirements and permits.
(5) Stream buffers shall be indicated on erosion and sediment control plans, or plot plans; and they
shall be physically marked and protected in the field with safety fencing or other appropriate
means prior to the commencement of grading.
(6) Any lot that was platted prior to the effective date of this paragraph, and that has an area that is
smaller than 0.5 acres are exempt from the requirements to protect and establish stream
buffers.
(7) Any lot that was platted prior to the effective date of this paragraph, and that has an area of 0.5
acres or larger, shall be exempt from the requirements to protect and establish stream buffers if
the applicant can demonstrate, to the satisfaction of the VESCP plan -approving authority, that
the inclusion of stream buffers would result in a substantial increase in site development costs.
(Grd. Ne. Q22 2- 1 a-7 , § 1, 2z?2-1.64
Sec. 8.1-7. - Special provisions for land -disturbing activities that disturb less than ten thousand
(10,000) square feet
(a) This section applies to all land -disturbing activities that disturb less than ten thousand (10,000)
square feet, except that these special provisions shall not apply to any land -disturbing activity of
less than ten thousand (10,000) square feet on individual lots in a residential development, if the
total land -disturbing activity in the development is equal to or greater than ten thousand
(10,000) square feet.
(b) Land -disturbing activities shall meet all of the requirements of this chapter, except for the
following:
(1) The technical provisions contained in 9VAC25-840-40.19 shall not apply to land disturbing
activities that meet the requirements of this section. These include:
a. The adequacy of downstream channels and pipes are not required to be analyzed and verified.
No stormwater management measures to address any flow rate capacity or velocity
requirements for downstream natural or man-made channels shall be required.
(2) An agreement in lieu of a plan may, at the discretion of the county, be substituted for an
erosion and sediment control plan if executed by the plan -approving authority. All of the
requirements of section 8.1-6(b) shall apply. This provision expands the use of an agreement in
lieu of, beyond a single-family residence, to all land -disturbing activities that disturb less than
ten thousand (10,000) square feet.
(c) Nothing in this section shall be construed to negate any requirements of the stormwater
management ordinance of the county, where applicable.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-8. - Permits; fees; surety; etc.
(a) Agencies authorized under any other law to issue grading, building, or other permits for activities
involving land -disturbing activities may not issue any such permit unless the applicant submits with
his application an approved erosion and sediment control plan, certification that the plan will be
followed and evidence of state permit coverage where it is required.
(b) No person shall engage in any land -disturbing activity until he has acquired a land -disturbing permit,
unless the proposed land -disturbing activity is specifically exempt from the provisions of this chapter,
and has paid the fees and posted the required surety.
(c) Fees. An applicant requesting permission to begin land -disturbing activity pursuant to this article
shall pay the following fees to cover the administrative expense of review, permitting, and inspection.
Disturbed Area (Square Feet) Fee
Less than 5,000 $25.00
5,000 - 9,999 $50.00
10,000 - or greater $100.00 + $100.00 per disturbed acre, or portion of an acre
(d) No land -disturbing permit shall be issued until the applicant submits with the application
an approved erosion and sediment control plan or agreement in lieu of an approved erosion and
sediment control plan and certification that the plan will be followed.
(e) Surety. All applicants for permits shall provide to the county a performance bond, cash escrow, or
an irrevocable letter of credit acceptable to the director of community development or his assignee,
to ensure that measures could be taken by the county at the applicant's expense should the
applicant fail, after proper notice, within the time specified to initiate or maintain appropriate
conservation measures required of him as a result of his land -disturbing activity. The amount of the
bond or other security for performance shall not exceed the total of the estimated cost to initiate and
maintain appropriate conservation action based on unit price for new public or private sector
construction in the locality plus a contingency for the county's administrative costs and inflation. The
contingency shall be ten (10) percent of the total estimated cost to initiate and maintain the
appropriate conservation action. Should it be necessary for the county to take such conservation
action, the county may collect from the applicant any costs in excess of the amount of the surety
held.
(f) Within sixty (60) days of adequate stabilization and completion of all other site requirements, as
determined by the director of community development or his assignee, such bond, cash escrow or
letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the
applicant or terminated.
(g) These requirements are in addition to all other provisions relating to the issuance of permits and are
not intended to otherwise affect the requirements for such permits.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-9. - Monitoring, reports, and inspections.
(a) The responsible land disturber, as provided in § 62.1-44.15:52, shall be in charge of and
responsible for carrying out the land -disturbing activity and provide for periodic inspections of the
land -disturbing activity. The county may require the person responsible for carrying out the plan to
monitor the land -disturbing activity. The person responsible for carrying out the plan will maintain
records of these inspections and maintenance, to ensure compliance with the approved plan and to
determine whether the measures required in the plan are effective in controlling erosion and
sedimentation.
(b) The department of community development shall periodically inspect the land -disturbing activity in
accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to
ensure compliance with the approved plan and to determine whether the measures required in the
plan are effective in controlling erosion and sedimentation. The owner, permittee, or person
responsible for carrying out the plan shall be given notice of the inspection. If the director of
community development, or his assignee, determines that there is a failure to comply with the plan or
if the plan is determined to be inadequate, notice shall be served upon the permittee or person
responsible for carrying out the plan by registered or certified mail to the address specified in the
permit application or in the plan certification, or by delivery at the site of the land -disturbing activities
to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify the time
within which such measures shall be completed. Upon failure to comply within the specified time, the
permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon
conviction, shall be subject to the penalties provided by this chapter.
(c) Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-44.15:55,-44.15:56,
the director of community development, or his assignee, may, in conjunction with or subsequent to a
notice to comply as specified in this chapter, issue a stop work order requiring that all or part of the
land -disturbing activities permitted on the site be stopped until the specified corrective measures
have been taken.
If land -disturbing activities have commenced without an approved plan or proper permits, the director
of community development or his assignee may, in conjunction with or subsequent to a notice to comply
as specified in this chapter, issue a stop work order requiring that all of the land -disturbing and/or
construction activities be stopped until an approved plan or any required permits are obtained. Failure to
comply will result in civil charges or penalties as outlined in section 8.1-10 of this chapter.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land -
disturbing activities have commenced without an approved plan or any required permits, such a stop work
order may be issued without regard to whether the permittee has been issued a notice to comply as
specified in this chapter. Otherwise, such a stop work order may be issued only after the permittee has
failed to comply with such a notice to comply.
The stop work order shall be served in the same manner as a notice to comply, and shall remain in
effect for a period of seven (7) days from the date of service pending application by the county or permit
holder for appropriate relief to the circuit court. The county shall serve such stop work order for
disturbance without an approved plan or permits upon the owner by mailing with confirmation of delivery
to the address specified in the land records. Said stop work order shall be posted on the site where the
disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in
such situations where an agricultural exemption applies.
If the alleged violator has not obtained an approved plan or any required permits within seven (7)
days from the date of service of the stop work order, the director of community development or his
assignee may issue a stop work order to the owner requiring that all construction and other work on the
site, other than corrective measures, be stopped until an approved plan and any required permits have
been obtained. Such an order shall be served upon the owner by registered or certified mail to the
address specified in the permit application or the land records of the county.
The owner may appeal the issuance of a stop work order to the circuit court of the county. Any
person violating or failing, neglecting or refusing to obey a stop work order issued by the director of
community development or his assignee may be compelled in a proceeding instituted in the circuit court
of the county to obey same and to comply therewith by injunction, mandamus or other appropriate
remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required
permits, the stop work order shall immediately be lifted. Nothing in this section shall prevent the director of
community development or his assignee from taking any other action authorized by this chapter.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-10. - Penalties, injunctions, and other legal actions.
(a) Violators of this chapter shall be guilty of a Class I misdemeanor.
(b) Civil penalties:
(1) A civil penalty in the amount listed on the schedule below shall be assessed for each violation
of the respective offenses:
a. Commencement of land disturbing activity without an approved plan as provided in section
8.1-6 shall be one thousand dollars ($1,000.00) per day.
b. Vegetative measures. Failure to comply with items 1, 2 3, or 5 of the minimum standards
shall be three hundred dollars ($300.00) per violation per day.
c. Structural measures. Failure to comply with items 4, 6, 7, 8, 9, 10, 11, 15, 17, or 18 of the
minimum standards shall be three hundred dollars ($300.00) per violation per day.
d. Watercourse measures. Failure to comply with items 12, 13 and 15 of the minimum
standards, or unapproved disturbance of stream buffer shall be three hundred dollars
($300.00) per violation per day.
e. Underground utility measures. Failure to comply with item 16(a) and/or (c) shall be three
hundred dollars ($300.00) per violation per day.
f. Failure to obey a stop work order shall be one thousand dollars ($1,000.00) per day.
g. Failure to stop work when permit revoked shall be one thousand dollars ($1,000.00) per
day.
(2) Each day during which the violation is found to have existed shall constitute a separate
offense. However, in no event shall a series of specified violations arising from the same
operative set of facts result in civil penalties which exceed a total of ten thousand dollars
($10,000.00), except that a series of violations arising from the commencement of land -
disturbing activities without an approved plan for any site shall not result in civil penalties which
exceed a total of ten thousand dollars ($10,000.00). The assessment of civil penalties according
to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such
violation as a misdemeanor under subsection (a) of this section.
(c) The director of community development or his assignee, or the owner of property which has
sustained damage or which is in imminent danger of being damaged, may apply to the circuit court of
the county to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.15:55, 62.1-
44.15:56, without the necessity of showing that an adequate remedy at law does not exist.
However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing
the person who has violated the local program, and the program authority, that a violation of the local
program has caused, or creates a probability of causing, damage to his property, and (ii) neither the
person who has violated the local program nor the program authority has taken corrective action within
fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing,
damage to his property.
(d) In addition to any criminal penalties provided under this chapter, any person who violates any
provision of this chapter may be liable to the county in a civil action for damages.
(e) Civil penalty enumerated. Without limiting the remedies which may be obtained in this section, any
person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy
obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not
to exceed two thousand dollars ($2,000.00) for each violation. A civil action for such violation or
failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the
treasury of the county, except that where the violator is the locality itself, or its agent, the court shall
direct the penalty to be paid into the state treasury.
(f) With the consent of any person who has violated or failed, neglected or refused to obey any
regulation or condition of a permit or any provision of this chapter, the county may provide for the
payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection
(b)(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could
be imposed under subsection (b) or (e).
(g) The county's attorney shall, upon request of the county take legal action to enforce the provisions of
this chapter.
(h) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or
equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements
of law have been met, and the complaining party must show negligence in order to recover any
damages.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-11. - Hearings and appeals.
(a) Hearings.
(1) Any permit applicant or permittee, or person subject to the requirements of this chapter, who is
aggrieved by any action, of the county in approving or disapproving any plans required by this
chapter, or by any enforcement action taken pursuant to section 8.1-10, shall have the right to
request, in writing, a hearing to the county administrator or his/her designee provided a petition
requesting such hearing is filed with the administrator within thirty (30) days after notice of such
action is given by the administrator.
(2) The hearing shall be held provided that the county administrator and the aggrieved party has at
least thirty (30) days prior notice.
(3) A verbatim record of the proceedings of such hearings shall be taken and filed with the board
of supervisors. Depositions may be taken and read as in actions at law.
(4) The county administrator, shall have power to issue subpoenas and subpoenas duces tecum,
and at the request of any party shall issue such subpoenas. The failure of any witness without
legal excuse to appear or to testify or to produce documents shall be acted upon by the county
administrator whose actions may include the procurement of an order of enforcement from the
circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement
for mileage as in civil actions.
(5) During its review, the county administrator shall consider evidence presented by all parties.
After considering the evidence, the county administrator's decision shall be final.
(b) Appeals.
Final decisions of the county administrator, under this chapter, shall be subject to judicial review by
the county circuit court, provided an appeal is filed within thirty (30) days from the date of any written
decision adversely affecting the rights, duties, or privileges of any permit applicant, permittee, or person
subject to any enforcement action under this chapter.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-12. - Civil violations, summons, generally.
(a) The director of community development, or his assignee, shall prepare an appropriate erosion and
sediment control civil violation summons for use in enforcing the provisions of this chapter.
(b) Any person of the VESCP plan approving authority charged with enforcing this chapter shall serve
upon any owner or permittee in violation of this chapter, a summons notifying the owner or permittee
of said violation. If unable to serve the owner or permittee in person, the county may notify by
summons an owner or permittee committing or suffering the existence of a violation by certified,
return receipt requested mail, of the infraction. The county sheriffs office may also deliver the
summons. The summons shall contain the following information:
(1) The name and address of the person charged.
(2) The nature of the violation and chapter provision(s) being violated.
(3) The location, date, and time that the violation occurred, or was observed.
(4) The amount of the civil penalty assessed for the violation.
(5) The manner, location, and time that the civil penalty may be paid to the county.
(6) The right of the recipient of the summons to elect to stand trial for the infraction and the date of
such trial.
(c) The summons shall provide that any person summoned for a violation may, within five (5) days of
actual receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect
to pay the civil penalty by making an appearance in person, or in writing by mail to the county
treasurer's office and, by such appearance, may enter a waiver of trial, admit liability, and pay the
civil penalty established for the violation charged and provide that a signature to an admission of
liability shall have the same force and effect as a judgment in court; however, an admission shall not
be deemed a criminal conviction for any purpose.
(d) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the
county shall cause the sheriff of the county to serve the summons on the person charged in the
manner prescribed by law. The violation shall be tried in general district court in the same manner
and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for
a scheduled violation authorized by this section, it shall be the burden of the county to show the
liability of the violator by the preponderance of the evidence. Any admission of liability, or finding of
liability shall not be a criminal conviction for any purpose.
(e) The remedies provided for in this section are cumulative, and are not exclusive and, except as
provided above, shall be in addition to any other remedies by law.
(f) The owner or permittee may pay the civil penalty to the treasurer prior to the trial date, provided he
also pays necessary court costs in addition to the civil penalty.
(g) Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by
presenting it to the director of community development, who shall certify the contest in writing, on an
appropriate form, to the general district court.
(h) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c),
above, shall result in the immediate issuance of a stop work order and the revocation of the permit, if
any.
(Ord. No. 022316-7, § 1, 2-23-16)