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HomeMy WebLinkAbout8/25/2020 - RegularINVOCATION: Roanoke County Board of Supervisors August 25, 2020 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda August 25, 2020 Good afternoon and welcome to our meeting for August 25, 2020. 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. Because of the present state of emergency, and until further notice, members of the public are urged not to attend Board of Supervisor meetings in person. All are encouraged to view and participate in meetings through electronic means. Meetings may be viewed live on RVTV, Channel 3, or on the County's website https://roanokecountyva.gov (and accessed by clicking on the "Watch Board Meetings Online" button). Prior to and during meetings, citizens may share comments by email (to diacks(abroanokecountyva.gov) or by phone (540-776- 7278). When submitting comments, please include your name and address. Comments submitted by email and by phone will be read aloud during meetings, subject to reasonable time limitations. For those individuals who desire to attend meetings in person, please be advised that seating modifications and limits have been established in order to facilitate social distancing; attendees who are not of the same household must sit six feet apart; and attendance at meetings will be limited to 25 individuals. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. NEW BUSINESS 1. Resolution approving the Roanoke Valley Broadband Authority's Amended and Restated Articles of Incorporation (Daniel R. O'Donnell, County Administrator; Frank Smith, President and CEO of Roanoke Valley Broadband) Page 2 of 5 D. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $1,080,054.54 awarded under the Coronavirus Aid, Relief and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund to the Roanoke County Public Schools Grant Fund for the 2020-2021 fiscal year (Due to the pandemic disaster, it is requested, upon a four-fifths vote of the Board, to waive the second reading and adopt the ordinance as an emergency measure.) (Susan Peterson, Director of Finance, Roanoke County Public Schools) 2. Ordinance accepting and appropriating grant funds in the amount of $98,311.70 from the Federal Emergency Management Agency --Assistance to Firefighters COVID-19 Supplemental Awards Grant (Due to the pandemic disaster, it is requested, upon a four-fifths vote of the Board, to waive the second reading and adopt the ordinance as an emergency measure.) (Stephen G. Simon, Chief of Fire and Rescue) 3. Ordinance approving vacation of a 20 foot, sanitary sewer easement and granting a new 20 foot, sanitary sewer easement to the Western Virginia Water Authority on the County's Public Service Center property (Rob Light, Director of General Services) 4. Ordinance amended Article 1 (General Provisions), Article II (Definitions and Use Types) and Article III (District Regulations) of the Roanoke County Zoning Ordinance (Philip Thompson, Director of Planning) E. SECOND READING OF ORDINANCES 1. Ordinance authorizing the relocation of the principal office of the General Registrar for Roanoke County to the Craig Center, located at 900 Chestnut Street, in the Vinton Magisterial District (Peter S. Lubeck, County Attorney) F. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism (appointed by District) Page 3 of 5 G. 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 —August 11, 2020 2. Request to accept and allocate grant funds in the amount of $36,000 for two (2) heart monitor defibrillators from the Virginia Department of Health (VDH) 3. Request approving the donation of five (5) Fire and Rescue thermal imaging cameras to Craig County H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2020 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2020 5. Accounts Paid — July 31, 2020 J. WORK SESSIONS 1. Work session with the Board of Supervisors to receive Freedom of Information Act (FOIA) training (Peter Lubeck, County Attorney) K. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A) (29) of the Code of Virginia, in order to discuss the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where such discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Specifically, the contract pertains to proposed renovations to property that is intended to be used as the new Roanoke County Public Service Center. Page 4 of 5 EVENING SESSION L. CERTIFICATION RESOLUTION M. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of MCE Owner Occupied, LLP to obtain a special use permit in a C-1 (Low Intensity Commercial) District to allow a multi -family use to account for more than 50 percent of the gross floor area on the site on approximately 1.116 acres, located at 3220 McVitty Road, Windsor Hills Magisterial District (Philip Thompson, Director of Planning) 2. The petition of Om Shree Hospitality, LLC to rezone approximately 9.99 acres from AG -1 (Agricultural/Rural Low Density) District to C-2 (High Intensity Commercial) District for the construction of a hotel/motel/motor lodge, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District (Philip Thompson, Director of Planning) N. CITIZEN COMMENTS AND COMMUNICATIONS O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. P. Jason Peters 3. Paul M. Mahoney 4. Martha B. Hooker 5. David F. Radford P. ADJOURNMENT Page 5 of 5 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 25, 2020 Resolution approving the Roanoke Valley Broadband Authority's Amended and Restated Articles of Incorporation SUBMITTED BY: Daniel R. O'Donnell County Administrator APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: The Roanoke Valley Broadband Authority has requested the Board of Supervisors approve Amended and Restated Articles of Incorporation to include two additional members. BACKGROUND: Currently, the Roanoke Valley Board Band Authority (RVBA) consists of five (5) individual members. Each of the four (4) governing bodies of the participating localities appoints a locality member. These locality members then vote to choose the fifth (5) citizen member, whose membership is confirmed by the governing bodies of the participating localities. DISCUSSION: The Virginia General Assembly recently passed an amendment to the Virginia Wireless Services Authority Act at Virginia Code section 15.2-5431-15.2-3431.37 (the Act) allowing authorities governed by the Act to increase their membership to include up to seven (7) members. In accordance with the aforementioned amendment and the changes to the Act, the RVBA seeks to add two (2) additional citizen members: a sixth (6t") citizen member nominated by Virginia Polytechnic Institute and State University and a seventh (7tn) Page 1 of 2 citizen member nominated by Carilion Clinic. Both the sixth (6th) and seventh (7th) citizen members must be confirmed by the locality members. The RVBA feels adding representatives from these two (2) dynamic and vital institutions will add depth and breadth to the vision and mission of the Authority. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 RESOLUTION APPROVING THE ROANOKE VALLEY BROADBAND AUTHORITY'S AMENDED AND RESTATED ARTICLES OF INCORPORATION WHEREAS, the Roanoke Valley Broadband Authority (the Authority"), is an authority formed and existing in accordance with the provisions of Chapter 54.1 of Title 15.2 of the ode of Virginia, 1950, as amended, the Virginia Wireless Services Act §§ 15.2-5431.1- 15.2-5431.37 (the "Act"); and, WHEREAS, by concurrent resolutions adopted October 21, 2013, the Board of Supervisors of Roanoke County, Virginia ("Roanoke County"), the Board of Supervisors of Botetourt County, Virginia ("Botetourt County"), the Council of the City of Roanoke, Virginia ("Roanoke City"), and the Council of the City of Salem, Virginia ("Salem City") adopted Articles of Incorporation (the "Articles") of the Roanoke Valley Broadband Authority (the "Authority") pursuant to the provisions of the Act; and, WHEREAS, the Authority has organized itself and operated successfully under the Articles and has established itself as an effective agent in the Roanoke Valley for its primary network infrastructure; and, WHEREAS, the Authority has established its significant network footprint in the Roanoke Valley and now serves major education and research institutions in the Innovation District of the City of Roanoke and mission critical enterprises across all the localities of the Roanoke Valley Broadband Authority; and, Page 1 of 10 WHEREAS, the Authority's revenues continue to increase with the addition of service providers utilizing its open access carrier grade fiber optic network; and, WHEREAS, the Authority continues to expand its network and serve the Roanoke Valley to support its mission and mandate; and, WHEREAS, the Authority continues to examine and evaluate new service areas and delivery methods to support the economic development and well-being of the Roanoke Valley; and, WHEREAS, the Authority has lobbied the Virginia General Assembly for the ability to increase the number of its Members and has received an amendment to the Act permitting the increase of its Members from five (5) to seven (7); and, WHEREAS, the Authority is considering the addition of Members representing Virginia Polytechnic Institute and State University and Carilion Clinic; and, WHEREAS, the Authority is following the procedure for amendment contained within the current Articles of Incorporation; and, WHEREAS, the Authority, through its Board of Directors, has resolved to amend and restate its Articles of Incorporation so as to allow additional membership in keeping with the recent changes to the Act enacted by the Virginia General Assembly; and, WHEREAS, the Authority now seeks approval from the governing bodies of each of its member localities to amend, restate and file with the Virginia State Corporation Commission its Amended and Restated Articles of Incorporation substantially in the following form: Page 2 of 10 AMENDED AND RESTATED ARTICLES OF INCORPORATI ON OF THE ROANOKE VALLEY BROADBAND AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the City of Salem. Virginia (the "Locality Members"), have by concurrent resolutions adopted the following Amended and Restated Articles of Incorporation of the Roanoke Valley Broadband Authority, pursuant to the Virginia Wireless Services Authorities Act (Chapter 54.1, Title 15.2 of the 1950 Code of Virginia, as amended), (the "Act"). The Authority shall exist for a term of fifty (50) years from the date of the adoption of the concurrent resolutions as a political subdivision. ARTICLE I NAME AND ADDRESS The name of the Authority is the Roanoke Valley Broadband Authority (the "Authority") and the address of its principal office is 601 South Jefferson Street, Suite 110, Roanoke, VA 24011. The location of the principal office may be changed by the concurrence of three-fourths (3/4ths) of the Authority members present at any regular meeting, provided that the clerk of the governing body of each Locality Member has been notified of the contemplated relocation in writing at least thirty (30) days before such meeting. ARTICLE II CREATING JURISDICTIONS These Amended and Restated Articles of Incorporation shall not be further amended Page 3 of 10 or changed without the express agreement of the governing body of each Locality Member. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the Individual Members from each incorporating political subdivision creating the Authority: I. The inclusion of additional political subdivisions in the Authority. 2. Additional agreements with political subdivisions other than Authority members, entities, or persons, local universities and colleges, local hospital systems, the Town of Vinton, and the Western Virginia Water Authority for the expansion of services or network, or wireless infrastructure. ARTICLE III MEMBERS, TERMS OF OFFICE The Authority will be governed by a Board consisting of seven (7) Individual Members, four (4) of which have been appointed or confirmed by the Locality Members. The fifth (5th) Individual Member is a Citizen Member who has been recommended by the Members and confirmed by the Locality Members. The sixth (6th) Individual Member shall be a Citizen Member nominated by Virginia Polytechnic Institute and State University and confirmed by the Locality Members. The seventh (7th) Individual Member shall be a Citizen Member nominated by Carilion Clinic and confirmed by the Locality Members. The term of office of the Authority Members shall be for four (4) years. Members may serve additional terms as appointed or nominated by their governing body. The initial terms of office for the sixth (6t") and seventh (7t") Citizen Members shall be staggered with the initial terms being for approximately 2 and 4 years ending December 12 in the appropriate year. Page 4 of 10 The names and addresses, and terms of office of the current Members of the Board of the Authority and the two (2) new Citizen Members are as follows: Name and address Designator Term expires Jay Taliaferro Salem 12/12/23 City Manager's Office 114 North Broad Street Salem, VA 24153 2. Dan O'Donnell Roanoke County 12/12/21 County Administrator's Office 5204 Bernard Drive Roanoke, VA 24018-0798 3. Gary Larrowe Botetourt County 12/12/23 County Administrator's Office 1 West Main Street, Box 1 Fincastle, VA 24090 4. Michael McEvoy Broadband Authority 12/12/21 Western Virginia Water Authority 601 S. Jefferson Street Roanoke, VA 24011 5. Robert S. Cowell, Jr. Roanoke City 12/12/23 City Manager's Office Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 6. Scott F. Midkiff, Ph.D Virginia Tech 12/22/22 Vice President for Information Technology and Chief Information Officer Professor of Electrical and Computer Engineering Vice President for Information Technology (0169 Burrus Hall, Suite 314, Virginia Tech 800 Drillfield Drive Blacksburg, VA 24061 7. Robert K. Perry (Keith) Carillion Clinic 12/12/24 Senior Vice President and CIO Carilion Clinic 451 Kimball Ave. Roanoke, VA 24016 Page 5 of 10 The governing body of each Locality Member shall be empowered to remove, at any time, without cause, the Individual Member appointed by it and appoint a successor Individual Member to fill the unexpired portion of the removed Member's term. Vacancies on the Board shall be filled for the unexpired term in the same manner as the appointment of the Individual Member being removed from or vacating the Board was made. Each Individual Member shall be reimbursed by the Authority for the amount of actual expenses in performance of duties as an Individual Member of the Authority. Each Individual Member of the Board shall have one equal vote in all matters before the Authority. Individual Members may resign at any time. ARTICLE IV PURPOSE The purpose of the Authority is to provide qualifying communication services as authorized by Article 5.1 (§ 56-484.7: 1 et seq.) of Chapter 15 of Title 56 of the 1950 Code of Virginia, as amended and to provide such other services as provided by law and Chapter 54.1 of Title 15.2 of the 1950 Code of Virginia, as amended. Such services are to be provided to the geographic areas of the County of Roanoke, the County of Botetourt, the City of Roanoke, the City of Salem, Virginia and to such other service areas as the Board may adopt from time to time to establish local governmental network(s) to meet the communication needs of Locality Members, Virginia Polytechnic Institute and State University and Carilion Clinic and their affiliates and subsidiaries and in accordance with the contracts and agreements by and between this Authority and other private or public entities as the Authority may agree in writing upon the terms and conditions established pursuant to such contracts. ARTICLE V POWERS, GENERAL OPERATIONS The Authority shall have all the powers granted by Section 15.2-5431.11 of the 1950 Code of Virginia, as amended. The general business of the Authority, including the issuance of revenue bonds and refunding bonds as permitted by the Act and the expenditure of funds for general expenses, shall be conducted by the majority action of the Board of the Authority, provided such Board may create an executive committee and such other committees as the Board may direct, including project committees. The Authority is vested with the powers of a body corporate, including the power to sue and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter the same as may be deemed expedient. Page 6 of 10 ARTICLE VI DISSOLUTION The Board of the Authority may determine that the purposes for which the Authority was created have been completed, or are impractical or impossible to complete, and that all of the obligations have been paid, or have been assumed by one or more political subdivisions or any Authority created thereby, or that cash or United States government securities have been deposited for their payment. In such event, it shall adopt and file with each of the governing bodies a resolution declaring such facts. If the governing bodies adopt a resolution, concurring in such declaration and finding that the Authority should be dissolved, they shall file appropriate articles of dissolution with the State Corporation Commission. ARTICLE VII WITHDRAWAL OF LOCALITY A locality may withdraw from the Authority at any time, provided, that no locality may withdraw from the Authority at any time when bonds are outstanding unless all remaining members approve such withdrawal at such time. Prior to withdrawing, a locality shall provide the Authority and each of the other participating localities with written notice of the locality's intent to withdraw. In the event that a locality withdraws, such locality electing to withdraw shall execute all documents necessary to reflect such withdrawal, the remaining participating localities shall appoint a replacement member to the Board, and file proper amendments to these Articles with the State Corporation Commission. If any of the governing bodies of the remaining participating localities fails to act or are unable to act to appoint a replacement member within sixty (60) days after the locality electing to withdraw provides notice of withdrawal, then the appointment of the replacement member shall be made by the judges of the Circuit Court for the 23rd Judicial Circuit. ARTICLE VIII AUDIT The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing bodies of each of the incorporating political subdivisions. Page 7 of 10 IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the City Council of the City of Roanoke, Virginia, and the City Council of the City of Salem, Virginia have caused these Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed and attested by the respective clerks of each, this day of , Attest: Deborah C. Jacks, Chief Deputy Clerk to the Board SEAL Approved as to Form: County Attorney Attest: Susan Fain, Deputy Clerk to the Board ROANOKE COUNTY, VIRGINIA la David F. Radford, Chairman Board of Supervisors BOTETOURT COUNTY, VIRGINIA IN Billy W. Martin, Sr., Chairman Board of Supervisors Page 8 of 10 SEAL Approved as to Form: County Attorney Attest: Cecelia F. McCoy, CMC, Clerk SEAL Approved as to Form: City Attorney CITY OF ROANOKE, VIRGINIA By: Sherman P. Lea, Sr., Mayor Page 9 of 10 Attest: James Taliaferro, Clerk SEAL Approved as to Form: City Attorney CITY OF SALEM, VIRGINIA Renee F. Turk, Mayor [End form of Amended and Restated Articles of Incorporation} NOW, THEREFORE, be it resolved by this Roanoke County Board of Supervisors that the Authority's Amended and Restated Articles of Incorporation are hereby approved by the Roanoke County Board of Supervisors and that the two new Citizen Members nominated by Virginia Polytechnic Institute and State University and Carilion Clinic are hereby confirmed. AND BE IT FURTHER RESOLVED, that this Roanoke County Board of Supervisors approves the filing of the Authority's Amended and Restated Articles of Incorporation with the Virginia State Corporation Commission. Page 10 of 10 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: APPROVED BY: ISSUE: August 25, 2020 Ordinance accepting and appropriating funds in the amount of $1,080,054.54 awarded under the Coronavirus Aid, Relief and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund to the Roanoke County Public Schools Grant Fund for the 2020- 2021 fiscal year (Due to the pandemic disaster, it is requested, upon a four-fifths vote of the Board, to waive the second reading and adopt the ordinance as an emergency measure.) Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Appropriate $1,080,054.54 to the Roanoke County Public Schools Grant Fund. BACKGROUND: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act includes a $30.75 billion education stabilization fund with three components: 1. an Elementary and Secondary School Emergency Relief Fund, 2. a Governor's Emergency Education Relief Fund, and 3. a Higher Education Emergency Relief Fund. Under item 1, the Virginia Department of Education expects to receive approximately $238.6 million through the Elementary and Secondary School Emergency Relief Fund. Ninety percent of this award will be distributed to local educational agencies (LEAs) based on each LEA's relative share of Title I, Part A, Federal Fiscal Year 2019 funds. Page 1 of 4 This allocation was $1,080,054.54 for Roanoke County Public Schools. Per the Grant Application the Purpose of Program and General Use of Funds: The overarching purpose of the Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund is to provide emergency relief funds to address the impact that COVID-19 has had, and continues to have, on elementary and secondary schools. The uses of funds for this program as specified in the CARES Act are: • Activities authorized by the Elementary and Secondary Education Act (ESEA); • Activities authorized by the Individuals with Disabilities Education Act (IDEA); • Activities authorized by the Adult Education and Family Literacy Act (AEFLA); • Activities authorized by the Carl D. Perkins Career and Technical Education Act (Perkins); • Activities authorized by the McKinney-Vento Homeless Education Assistance Act; • Coordination with other agencies to improve coordinated responses to prevent, prepare for, and respond to coronavirus; • Providing principals and other school leaders with the resources necessary to address the needs of their individual schools; • Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth; • Developing and implementing procedures and systems to improve LEA preparedness and response efforts; • Training and professional development for LEA staff on sanitation and minimizing the spread of infectious diseases; • Purchasing supplies to sanitize and clean LEA facilities; • Planning for and coordinating during long-term closures, including how to provide meals, technology for online learning, guidance on IDEA requirements, and ensuring other educational services can continue to be provided consistent with all applicable requirements; • Purchasing educational technology (including hardware, software, and connectivity) for students served by the LEA that aids in regular and substantive educational interactions between students and their classroom instructors, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment; • Providing mental health services and supports; • Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low- income students, students with disabilities, English learners, migrant students, Page 2 of 4 students experiencing homelessness, and children in foster care; and • Other activities that are necessary to maintain the operation of and continuity of services and continuing to employ existing staff. The grant award period is March 13, 2020, through September 30, 2021. Under the Tydings Amendment, school divisions have until September 30, 2022, to encumber CARES ESSER funds. Final reimbursements must be submitted to the Department through the OMEGA system by November 15, 2022. The grant application was submitted on June 29, 2020 and revised on July 30, 2020. The application was approved by Virginia Department of Education on August 3, 2020. Funds will be available on a reimbursement basis. DISCUSSION: Mrs. Susan Peterson, Director of Finance will attend the Board of Supervisors meeting to present the appropriation request. Department Directors, Executive Directors, Assistant Superintendents, and the Superintendent narrowed the following as the most critical needs for this grant in order to have the necessary set up and assistance for opening schools for the 2020-2021 school year. y ` Approved RCPS COVID-19 CARES ESSER Summary Private school set-aside $ 56,106.74 Course content development and curriculum revisions 161,475.00 Remote learning support teachers 150,710.00 Special Education support for evaluations, IEP revisions, and etc. 99,461.36 Support for intervention and supplementary instruction after school 18,484.09 Laptop distribution to families at elementary schools 17,472.89 Community day programs for student academic support -remote learning days 500,000.00 Operational costs for sanitation and security 76,344.46 Total estimated costs $ 1,080,054.54 FISCAL IMPACT: No Roanoke County Public Schools funds are required. Funds are 100% Federal funds passed through the Virginia Department of Education. $1,080,054.54 will be appropriated to the Roanoke County Public Schools Grant Fund. Page 3 of 4 STAFF RECOMMENDATION: Staff recommends approval of the first reading and waiver of the second reading of an ordinance to accept and appropriate funds for $1,080,054.54 awarded under the Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund to the Roanoke County Public Schools Grant Fund for the 2020-2021 fiscal year. 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 25, 2020 ORDINANCE ACCEPTING AND APPRORIATING FUNDS IN THE AMOUNT OF $1,080,054.54 AWARDED UNDER THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SERCURITY (CARES) ACT ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUND TO THE ROANOKE COUNTY PUBLIC SCHOOLS GRANT FUND FOR THE 2020-2021 FISCAL YEAR WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020; and WHEREAS, the CARES Act includes a $30.75 billion education stabilization fund, with several components, including an Elementary and Secondary School Emergency Relief Fund (ESSER); and WHEREAS, the Virginia Department of Education received approximately $238.6 million through the CARES ESSER Fund; and WHEREAS, Roanoke County Public Schools received an allocation of such funds in the amount of $1,080,054.54; and WHEREAS, the overarching purpose of the CARES ESSER Fund is to provide emergency relief funds to address the impact that COVID-19 has had, and continues to have, on elementary and secondary schools; and WHEREAS, the first reading of this ordinance was held on August 25, 2020; and because County Administration would like to make such funds immediately available for school use, the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote of the members of the Board. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $1,080,054.54, made available to Roanoke County Public Schools through the Commonwealth of Virginia from the Coronavirus Aid, Relief, and Economic Security Act Elementary and Secondary School Emergency Relief Fund, is accepted. 2. The sum of $1,080,054.54 is hereby appropriated to the Roanoke County Public Schools Grant Fund for the 2020-2021 fiscal year, to be used for those purposes allowable under the Act. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. D.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 25, 2020 Ordinance accepting and appropriating grant funds in the amount of $98,311.70 from the Federal Emergency Management Agency --Assistance to Firefighters COVID-19 Supplemental Awards Grant (Due to the pandemic disaster, it is requested, upon a four-fifths vote of the Board, to waive the second reading and adopt the ordinance as an emergency measure.) SUBMITTED BY: Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Acceptance and appropriation of a grant for $98,311.70 from the Federal Emergency Management Agency (FEMA) --Assistance to Firefighters (AFG)--COVID-19 Supplemental awards grant for pandemic equipment and supplies. BACKGROUND: The FEMA Assistance to Firefighters 2020--COVID-19 Supplemental Awards are for the purchase of personal protective equipment (PPE) and related supplies for the nation's first responders. Fire departments, nonaffiliated EMS organizations, and State Fire Training Academies were eligible to apply. DISCUSSION: The grant was awarded from the FEMA-AFG-COVID-19 Supplemental Awards Grant for $98,311.70 for the purchase of pandemic supplies and equipment for personnel and patients. The grant requires a ten percent (10%) local match of $9,831.17. Page 1 of 2 FISCAL IMPACT: The FEMA-AFG 2020--COVID-19 Supplemental Awards grant funds total $98,311.70 with a required local match of ten percent (10%) by the County, which was appropriated as part of the fiscal year 2020-2021 Fire and Rescue operating budget. No additional funds are required. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds to the Fire and Rescue Department for $98,311.70 from the Federal Emergency Management Agency. Additionally, it is requested, upon a four-fifths vote of the Board, to waive the second reading and adopt the ordinance as an emergency measure. Page 2 of 2 Award Letter Joshua Pegram ROANOKE, COUNTY OF 5204 BERNARD DRIVE, SW, SUITE 300E SALEM, VA 24018 EMW-2020-FG-01432 Dear Joshua Pegram, U.S. Department of Homeland Security Washington, D.C. 20472 =h FEMA y,�lNn S CJ4 Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG- S) has been approved in the amount of $98,311.70 in Federal funding. As a condition of this grant, you are required to contribute non -Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $9,831.17 for a total approved budget of $108,142.87. Please see the FY 2020 AFG-S Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo - included in this document • Agreement Articles - included in this document • Obligating Document - included in this document • FY 2020 AFG-S Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, a�16444_1111 Bridget Bean Assistant Administrator Grant Programs Directorate Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: ROANOKE, COUNTY OF DUNS number: 062353610 Award number: EMW-2020-FG-01432 Summary description of award The purpose of the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) is to provide funds for the purchase of PPE and related supplies, including reimbursements, to prevent, prepare for, and respond to coronavirus. After careful consideration, FEMA has determined that the recipients project or projects submitted as part of the recipients application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S)'s purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): Object Class Personnel Fringe benefits Travel Equipment Supplies Contractual Construction Other Indirect charges Total $0.00 $0.00 $0.00 $54,805.64 $53,337.23 $0.00 $0.00 $0.00 $0.00 Federal $98,311.70 Non-federal $9,831.17 Total $108,142.87 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the AFG-S NOFO. Approved request details: Personal Protective Equipment (PPE) Surgical Type Face Masks DESCRIPTION Full Face Shields (case of 288)- 2 @ $1,045.44 each Surgical Masks (case of 200)- 5 @ $222.32 each Fluid Resistant Mask with Face Shield (case of 100)- 5 @ $183.16 each QUANTITY Cost 1 UNIT PRICE $4,118.28 CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies TOTAL $4,118.28 JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. Footwear Covers DESCRIPTION Hi Guard Shoe and Leg Covers- (case of 150)- 5 @ $384.99 each QUANTITY UNIT PRICE TOTAL Cost 1 1 $1,924.95 $1,924.95 CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. BUDGET CLASS Supplies BUDGET CLASS Supplies Eye Protection DESCRIPTION Safety Glasses (case of 12)- 25 @ $25.56 each Vented Goggles (case of 12)- 25 @ $65.88 each QUANTITY Cost 1 UNIT PRICE $2,286.00 CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies TOTAL $2,286.00 JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. Protective Coveralls DESCRIPTION Coveralls- 150 @ $175.00 each QUANTITY Cost 1 UNIT PRICE $26,250.00 CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies TOTAL $26,250.00 JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. BUDGET CLASS Supplies BUDGET CLASS Supplies Respirators DESCRIPTION Powered Air Purifying Respirators- 8 @ $2,932.28 each N95 Respirators (case of 120)- 10 @ $220.74 each Twin cartridge SCBA mask adaptors- 200 @ $125.00 each Filters for SCBA mask adaptors (2 pk)- 300 @ $13.80 each QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $54,805.64 $54,805.64 Equipment Isolation Gowns DESCRIPTION Gowns- 150 @ $110.00 each QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $16,500.00 $16,500.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. Gloves DESCRIPTION Nitrile Gloves (case of 10 boxes)- 20 @ $112.90 each QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $2,258.00 $2,258.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Changed Budget Object Class from Equipment to Supplies. Agreement Articles Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: ROANOKE, COUNTY OF DUNS number: 062353610 Award number: EMW-2020-FG-01432 Table of contents Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS Specific Acknowledgements and Assurances Acknowledgement of Federal Funding from DHS Activities Conducted Abroad Age Discrimination Act of 1975 Americans with Disabilities Act of 1990 Best Practices for Collection and Use of Personally Identifiable Information (PII) Civil Rights Act of 1964 — Title VI Civil Rights Act of 1968 Copyright Debarment and Suspension Drug -Free Workplace Regulations Duplication of Benefits Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Energy Policy and Conservation Act False Claims Act and Program Fraud Civil Remedies Federal Debt Status Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974 Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Lobbying Prohibitions National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Non -supplanting Requirement Notice of Funding Opportunity Requirements Patents and Intellectual Property Rights Procurement of Recovered Materials Rehabilitation Act of 1973 Reporting of Matters Related to Recipient Integrity and Performance Reporting Subawards and Executive Compensation SAFECOM Terrorist Financing Trafficking Victims Protection Act of 2000 (TVPA) Universal Identifier and System of Award Management (SAM) USA Patriot Act of 2001 Use of DHS Seal, Logo and Flags Whistleblower Protection Act Acceptance of Post Award Changes Prior Approval for Modification of Approved Budget Disposition of Equipment Acquired Under the Federal Award Article Environmental Planning and Historic Preservation 42 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non - Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and I II of the Americans with Disabilities Act, Pub. L. No. 10 1 -336 (1990) (codified as amended at 42 U.S.C. §§ 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (1311) Recipients who collect PH are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published -help -department - supported -organizations -provide -meaningful -access -people -limited and additional resources on http://www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article 25 Non -supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 26 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government - wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18 U.S.C. §§ 175-175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article 40 Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Obligating document 1.Agreement 2. Amendment No. No. EMW-2020-FG- N/A 01432 6. Recipient Name and Address ROANOKE, COUNTY OF 5204 BERNARD DR ROANOKE, VA 24018 Recipient 4. Type of �. Action 6001572 AWARD 7. Issuing FEMA Office and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 5. Control No. WX03218N2020T 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 15. Description of Action a. (Indicate funding data for awards or financial _changes) _ Amount Program Assistance Accounting Prior Awarded Current Cumulative Name Listings Data(ACCS Total This Total Non -Federal Abbreviation No. Code) Award Action + Award Commitment or (-) 2020 -FC - FG 97.044 GB01 - $0.00 $98,311.70 $98,311.70 $9,831.17 P431 -xxxx- 4101 -D Totals $0.00$98,311.70 $98,311.70 $9,831.17 . To describe changes other than funding data or financial changes, attach chedule and check here: N/A is field is not aoolicable for diaitally signed arant aareements 1-866-927-5646 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone No. Joshua Pegram 540- Assistance to Firefighters 1-866-274- 2838137 Grant Program 0960 11. Effective Date of 112. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 07/03/2020 to 06/26/2020 OTHER - FEMA COST SHARING 07/02/2021 GO Budget Period 07/03/2020 to 07/02/2021 15. Description of Action a. (Indicate funding data for awards or financial _changes) _ Amount Program Assistance Accounting Prior Awarded Current Cumulative Name Listings Data(ACCS Total This Total Non -Federal Abbreviation No. Code) Award Action + Award Commitment or (-) 2020 -FC - FG 97.044 GB01 - $0.00 $98,311.70 $98,311.70 $9,831.17 P431 -xxxx- 4101 -D Totals $0.00$98,311.70 $98,311.70 $9,831.17 . To describe changes other than funding data or financial changes, attach chedule and check here: N/A is field is not aoolicable for diaitally signed arant aareements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) ua Pegram 18. FEMA SIGNATORY OFFICAL (Name and Title) Bridget Bean, Assistant Administrator Grant Programs Directorate DATE 07/13/2020 DATE 06/26/2020 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 ORDINANCE ACCEPTING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $98,311.70 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY -ASSISTANCE TO FIREFIGHTERS COVID-19 SUPPLEMENTAL AWARDS GRANT WHEREAS, The Federal Emergency Management Agency (FEMA) -Assistance to Firefighters (AFG)-COVID-19 Supplemental Awards Grant provides funding to purchase personal protective equipment (PPE) and related supplies for the nation's first responders. Fire Departments, non-affiliated EMS organizations and State Fire Training Academies were eligible to apply, and assist eligible states, local units of government and tribes in preventing, preparing for and responding to the coronavirus; and WHEREAS, the Roanoke County Fire and Rescue Department applied for a Federal Emergency Management Agency (FEMA) -Assistance to Firefighters (AFG)- COVID-19 Supplemental Awards Grant and was awarded $98,311.70 to purchase pandemic supplies and equipment for personnel and patients; and WHEREAS, the Federal Emergency Management Agency (FEMA) -Assistance to Firefighters (AFG)-COVID-19 Supplemental Awards Grant requires a ten percent (10%) local match of $9,831.17, which has already been appropriated as part of the fiscal year 2020-2021 fiscal year operating budget; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on August 25, 2020, and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the Page 1 of 2 members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the sum of $98,311.70 is hereby accepted and appropriated to the Roanoke County Fire and Rescue Department. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 25, 2020 Ordinance approving vacation of a 20 foot, sanitary sewer easement and granting a new 20 foot, sanitary sewer easement to the Western Virginia Water Authority on the County's Public Service Center property Rob Light Director of General Services APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Vacation of a twenty (20) -foot, sanitary sewer easement and granting a new easement to the Western Virginia Water Authority (WVWA) that is necessary for construction of a pre-engineered building as part of the County's capital project to replace the Public Service Center. BACKGROUND: The County's Public Service Center replacement capital project includes the utilization of a portion of the existing Service Center site that is not located in the flood plain or subject to significant storm water flooding issues for the construction of a pre- engineered metal building that will house the County's Storm Water Division of the Development Services Department. The Public Service Center is located at 1206 and 1216 Kessler Mill Road, Salem, VA 24153. The limited available site area available for construction of the building requires the relocation of an existing sewer line section out of the building footprint. This action eliminates the existing sanitary sewer easement with the WVWA and creates a new easement to reflect the relocation of this section. Page 1 of 2 DISCUSSION: This action is a housekeeping item to ensure the easement granted to the WVWA accurately reflects the location of the sanitary sewer across the County's property. FISCAL IMPACT: There is no cost associated with the vacation of the existing easement and granting of the new sanitary sewer easement to reflect the location change. STAFF RECOMMENDATION: Staff recommends approving the first reading of this ordinance and the scheduling of the second reading for the September 8, 2020 Board of Supervisors meeting. 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A, 0o p N G. 594 62 /� SU2P1����0�1N G. 6MWTOSa TS£06TUAW ��o �ITv U h h W a �D UJ Jy z0 LL 's 'S I: 's z Z O tu- ON ca O } e[ x w m m 0 v z O `£ a a 0 V LU LU z z v °- ct V 0 O 0> - CA CA w cn > N �j w a l Z F� w 10 TOZ\6TOZ\s6ulMeJp\:M AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON AUGUST 25, 2020 ORDINANCE AUTHORIZING THE VACATION OF A TWENTY (20) - FOOT, SANITARY SEWER EASEMENT AND GRANTING OF A NEW TWENTY (20) -FOOT, SANITARY SEWER EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY ACROSS PROPERTY OWNED BY ROANOKE COUNTY TO FACILITATE CAPITAL IMPROVEMENT PROJECTS AT THE COUNTY'S GENERAL SERVICES LOCATION ON KESSLER MILL ROAD (TAX MAP NO 036.03-01- 01.00.0000) WHEREAS, Roanoke County is undertaking a series of capital improvement projects, including a construction project at its General Services Facility at 1206 and 1216 Kessler Mill Road, Salem, Virginia 24153 ("Kessler Mill"); and WHEREAS such construction project will otherwise encroach upon an existing sanitary, sewer easement on Kessler Mill; and WHEREAS, for purposes of long-term planning, it is necessary to have a sanitary, sewer easement on the Kessler Mill property; and WHEREAS, such vacating the existing easement and granting a new easement will not have an adverse impact on the County's public right of way; and WHEREAS, the vacation of the existing sanitary sewer easement and grant of new sanitary sewer easement is more fully depicted on the attached plat and incorporated by reference herein; 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 August 25, 2020, and the second reading was held on September 8, 2020. Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County shall vacate the existing twenty -foot, sanitary sewer easement and grant a new twenty -foot sanitary, sewer easement to the Western Virginia Water Authority on the County's Kessler Mill property, located at 1206 and 1216 Kessler Mill Road, Salem, Virginia 24153, which parcel is more specifically identified on Tax Map No. 097.01-02-12.00-0000, and the vacated easement and new easement are shown on the attached plat prepared by Lumsden Associates, P.C., and such conveyance is hereby authorized and approved. 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 2of2 Prepared by and Return to: Tax Map No.: 036.03-01-0I.00.0000 Western Virginia Water Authority Consideration: -0- 601 S. Jefferson St Roanoke, Virginia 24011 Atte: Aaron Shearer Notice: Pursuant to the Code of Virginia, 1950, as amended, Sections 58.1-811 (A)(3) and (C)(5), this instrument is exempt from recordation tag imposed by Section 58.1-801 and the grantor tax imposed by Section 58.1-802. NOTICE TO CLERK: When indexing this instrument, please include a reference to the Kessler Mill Project. THIS DEED OF VACATION AND EASEMENT AGREEMENT, made and entered into this 1st day of July, 2020, by and between ROANOKE COUNTY, VIRGINIA, (the "County"), a county of the Commonwealth of Virginia, having its principal office at 5204 Bernard Drive, Roanoke, Virginia 24018, (index as both "Grantor" and "Grantee") and the WESTERN VIRGINIA WATER AUTHORITY (the "Authority"), a water and waste authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia, 1950, as amended, (index as both "Grantor" and "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 of Vacation and Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Authority does hereby VACATE and the County does hereby GRANT and CONVEY with Special Warranty of Title unto the Authority, its successors and assigns, the following described easements, to wit: Vacation: The Authority does hereby grant and convey, release and quitclaim unto the County, all right, title and interest, in and to that portion of the existing sewer easement referred to as "PORTION OF EX, 20' S.S.E. HEREBY VACATED" on the "EXHIBIT SHOWING PORTION OF EX. 20' SANITARY SEWER EASEMENT TO BE VACATED AND NEW PUBLIC 20' SANITARY SEWER EASEMENT SITUATED ON THE PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS LOCATED AT 1206 KESSLER MILL ROAD CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated February 19, 2020, made by Lumsden Associates, P.C. and being attached hereto as "Exhibit A" and by this reference made a part bereof (the "Plat"). Grant and Convey: The County does hereby grant and convey with Special Warranty of Title unto the Authority, that NEW PUBLIC 20' S.S.E. 2,695 S.F. right and easement as shown on the Plat, to construct, install, improve, operate, inspect, use, maintain, repair or replace, a sewer line or lines together with related improvements including slope(s), if applicable along with a temporary construction easement (collectively, the "New Easement"), together with the right of ingress and egress thereto from a public road, upon, over, under, and across the Property. The Authority agrees to restore and repair any actual damage to the Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The County agrees that the Authority will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the New Easement was granted, and the County will cooperate with the Authority in effectuating such restoration. It is expressly agreed between the parties hereto that the Authority and its agents shall have the right to inspect the New Easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to the New Easement, that in any way endangers or interferes with the proper use of the same. The County covenants that no building or structure shall be erected upon or within the New Easement herein granted or placed in such location as to render said New Easement inaccessible. In the event that this covenant is violated, the Authority shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The County acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to the County or the County's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Authority shall remain the property of the Authority. With the exception of that portion of the existing easement being vacated by the Authority, the New 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 County covenants and agrees for itself, and for its heirs, successors, successors in title, executors, legal representatives 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 reconstruct of or within the New Easement herein granted. The grants and provisions of this Easement Agreement shall constitute covenants running with the land for the benefit of the County and the Authority, their successors and assigns forever. To have and to hold unto the Authority, its successors and assigns forever. [SIGNATURES AND NOTAR YA CKNO WLEDGMENTS ON FOLLOWING PAGES] 2 [REMAINDER OF PAGE 17VTE_7VTIONALLYLEFT BLANK) WITNESS the following signatures and seals: ROANOKE COUNTY, VIRGINTA By: David F. Radford, Chairman Board of Supervisors COMMONWEALTH OF VIRGINIA ) ) to wit: COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 2020, by David F. Radford, Chairman Board of Supervisors of Roanoke County, Virginia, on behalf of said County. Commission Expires: Registration Number: Notary Public [ADDITIONAL SIGNATURE PAGE FOLLOWS] WESTERN VIRGINIA W TER AUTHORITY B: Y /z/ colt kroll, PE Director of Engineering Services COMMONWEALTH OF VIRGINIA ) Gi-1 ) to wit: COUNT) lC Y OF ' It(� rt C) Ye- ) The foregoing instrument was acknowledged before me this a3 day of U , 2020, by Scott Kroll, PE, Director of Engineering Services, Western Virginia Water Authority, on behalf of said Authority. 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ITEM NO. DA 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 25, 2020 Ordinance amended Article 1 (General Provisions), Article II (Definitions and Use Types) and Article III (District Regulations) of the Roanoke County Zoning Ordinance Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator First reading of an ordinance to amend the Roanoke County Zoning Ordinance dealing with floodplain management. BACKGROUND: In 2019, the Planning Commission and Planning staff reviewed and prepared amendments to the County's Zoning Ordinance regarding floodplain management. The proposed amendments are consistent with the Virginia Department of Conservation and Recreation's model ordinance which complies with the requirements of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) regulations. DISCUSSION: Amendments are proposed to Article I - General Provisions, Article II - Definitions and Use Types, and Article III - District Regulations, of the Roanoke County Zoning Ordinance. The proposed amendments to Article I, Section 30-5, would amend the powers and duties of the Zoning Administrator; amendments to Article II, Sections 30-28 and 29 would add, amend, and delete definitions associated with floodplain management; and proposed amendments to Article III, Section 30-74 Floodplain Page 1 of 2 Overlay District, would add or amend regulatory sections dealing with floodplain management. The Planning Commission held a public hearing on these amendments on March 5, 2020. Three (3) citizens spoke during the public hearing. The comments/concerns included: delaying action so that citizens have opportunities to review the proposed changes, including higher standards rather than the minimum standards, requesting that the entire County be mapped for floodplains, and proposed changes to the erosion and sediment control ordinance dealing with stream buffers. The Planning Commission recommended approval of the proposed amendments. The Board of Supervisors held a work session on the proposed changes to the Zoning Ordinance at its August 11th meeting. Staff presented a potential revision to the proposed amendments recommended by the Planning Commission at the work session. The proposed revision would require equipment or mechanical items for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage to be elevated to or above the base flood level plus twelve (12) inches. The proposed revision has been included in Section 30-74-15(A) of the proposed amendments. FISCAL IMPACT: There is no fiscal impact associated with this presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the ordinance to amend the Roanoke County Zoning Ordinance and schedule the public hearing and second reading for September 8, 2020. Page 2 of 2 Virginia Department of Conservation and Recreation (July 5, 2017 Version) XV. Example Floodplain Management Ordinance This is an example of an ordinance that could be used by municipalities to comply with the requirements of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) regulations. Your municipal attorney and engineer should be consulted to make this fit the needs of your community. In using these provisions, certain things must be understood and kept in mind: ➢ These provisions should be modified to reflect the kinds of flooding hazards in your community as well as the community's circumstances, objectives, or policies. ➢ These provisions have been prepared only with the intention of meeting the minimum requirements of the FEMA NFIP regulations and the Virginia Uniform State Building Code (USBC). ➢ The Department of Conservation and Recreation (DCR) suggests that in some cases the minimum standards provide insufficient protection, create a risk of higher than necessary insurance rates, or create a more complex program. In these cases we have recommended specific higher standards or excluded additional complex options. We do this with italics and try to explain why the change is recommended or a provision might require additional attention in a footnote. Local requirements (higher standards) are encouraged, such as those under the Community Rating System (CRS) for example, and are supported by the Federal Emergency Management Agency and DCR The more restrictive local regulations are recognized as taking precedence over the federal minimum guidelines. ➢ The needs, circumstances, and objectives of communities are diverse and the development of a single model ordinance or set of provisions for use by all is unrealistic to produce and what is provided may be subject to community revisions to meet individualized needs. ➢ This document is a template highlighting minimum requirements a community must have in their ordinance pursuant to federal requirements. You must make certain changes in order for this template to act as a document that meets 44 CFR requirements for your community. Changes required are as follows: o Replace text {community} throughout the document with the name of the community adopting the ordinance. o Add the date of the community's effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) to the first paragraph of Article III, Section 3.1.A as indicated. o Adopt, sign and date the ordinance as described in Article VII. If there are any questions concerning these suggested provisions or concerning the National Flood Insurance Program, please contact DCR's Division of Dam Safety and Floodplain Management at (804) 371-6095 or the FEMA Region 3 Office at (215) 931-5500. Virginia Department of Conservation and Recreation (July 5, 2017 Version) Contents ORDINANCENO.................................................................................................................. 3 ARTICLE I - GENERAL PROVISIONS....................................................................................... 3 Section 1.1 — Statutory Authorization and Purpose [44 CFR 59.22(a)(2)] ................................. 3 Section1.2 — Applicability......................................................................................................... 4 Section 1.3 - Compliance and Liability...................................................................................... 4 Section 1.4 — Records [44 CFR 59.22(a)(9)(iii)]........................................................................ 4 Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)] ........................................ 4 Section1.6 - Severability............................................................................................................ 5 Section 1.7 - Penalty for Violations [44 CFR 60.2(e)]............................................................... 5 ARTICLE II - ADMINISTRATION.............................................................................................. 6 Section 2.1 - Designation of the Floodplain Administrator [44 CFR 59.22(b)] ......................... 6 Section 2.2 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3] ....... 6 Section 2.3 - Use and Interpretation of FIRMS [44 CFR 60.3] ................................................... 8 Section 2.4 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.3] ....................................... 9 Section 2.5 - District Boundary Changes.................................................................................. 10 Section 2.6 - Interpretation of District Boundaries................................................................... 10 Section 2.7 — Submitting Model Backed Technical Data [44 CFR 65.3] ................................. 10 Section 2.8 — Letters of Map Revision...................................................................................... 10 ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS ................................................. 12 Section 3.1 - Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3] ................... 12 Section3.2 - Overlay Concept.................................................................................................. 17 ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3] ...................................... 18 Section 4.1 — Permit and Application Requirements................................................................ 18 Section 4.2 - General Standards................................................................................................ 18 Section 4.3 - Elevation and Construction Standards [44 CFR 60.3] ........................................ 19 Section 4.4 - Standards for Subdivision Proposals................................................................... 23 ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS ................................... 24 ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6] ................... 25 ARTICLE VII - GLOSSARY [44 CFR 59.1].............................................................................. 28 ARTICLE VIII — ENACTMENT................................................................................................. 34 2 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. , THE ZONING ORDINANCE OF {community} VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES. BE IT ENACTED AND ORDAINED BY THE {community}, Virginia, as follows: ARTICLE I - GENERAL PROVISIONS Section 1.1 — Statutory Authorization and Purpose [44 CFR 59.22(a)(2)1 Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the authority granted to localities by Va. Code § 15.2 - 2280. The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood -prone districts to be protected and/or floodproofed against flooding and flood damage; and, D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. 3 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 1.2 — Applicability These provisions shall apply to all privately and publicly owned lands within the jurisdiction of {community} and identified as areas of special flood hazard identified by the communityi or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the {community} by FEMA. Section 1.3 - Compliance and Liability A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice j ams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages. C. This ordinance shall not create liability on the part of {community} or any officer of employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 1.4 — Records F44 CFR 59.22(a)(9)(iii)] Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity. Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)] To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance currently in effect in flood -prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern. 1 Communities have the authority and are encouraged to regulate areas known to flood that do not appear in the FIRM or FIS. Even if you have not identified areas of flood risk that are not included in FEMA's products you might want to adopt this higher standard to reserve the option to identify and regulate locally known risk areas. 2 This is a requirement to participate in the NFIP and is more restrictive then the Library of Virginia policy. If these records are not available, there is no way to show that a structure was built in compliance with the regulations at the time. Maintaining these records is the only way the community can show that it has been fairly administering the program - in Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 1.6 - Severability If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable. Section 1.7 - Penalty for Violations F44 CFR 60.2(e Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of planning or any authorized employee of the {community} shall be guilty of the appropriate violation and subject to the penalties thereof. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of {community} are addressed in Section of the Zoning Ordinance. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the {community} to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. 3 3 If this is not a part of the zoning ordinance specific fines and penalties will need to be adopted instead. Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE II - ADMINISTRATION Section 2.1 - Designation of the Floodplain Administrator [44 CFR 59.22(b)] The Floodplain Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: A. Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the {community} chief executive officer. B. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees. C. Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22. Section 2.2 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.31 The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: A. Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA). B. Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. C. Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. D. Review applications to determine whether all necessary permits have been obtained from the Federal, State, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100 -year frequency floodplain of free-flowing non -tidal waters of the State. E. Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA. 4 Instead of Floodplain Administrator you can appoint the zoning administrator, town manager or other official who can be specifically identified here. Floodplain administrator does not always have to be a standalone job, but someone has to have the job. on Virginia Department of Conservation and Recreation (July 5, 2017 Version) F. Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA). G. Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met. H. Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed. Review Elevation Certificates and require incomplete or deficient certificates to be corrected. Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMS, including hydrologic and hydraulic engineering analyses prepared by or for the {community}, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. K. Maintain and permanently keep records that are necessary for the administration of these regulations, including: 1. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and Letters of Map Change; and 2. Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations. L. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. M. Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation. N. Administer the requirements related to proposed work on existing buildings: Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged. 2. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective 7 Virginia Department of Conservation and Recreation (July 5, 2017 Version) measures necessary to secure a property or stabilize a building or structure to prevent additional damage. O. Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies. P. Notify the Federal Emergency Management Agency when the corporate boundaries of the {community} have been modified and: 1. Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and 2. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. Q. Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. R. It is the duty of the Community Floodplain Administrator to take into account flood, mudslide and flood -related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the Community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying). Section 2.3 - Use and Interpretation of FIRMS [44 CFR 60.31 The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data: A. Where field surveyed topography indicates that adjacent ground elevations: 1. Are below the base flood elevation in riverine SFHAs, or below the 1% storm surge elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area Virginia Department of Conservation and Recreation (July 5, 2017 Version) on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; 2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA. B. In FEMA -identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used. C. Base flood elevations and designated floodway boundaries on FIRMS and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations. D. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMS and in FISs. E. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. 2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Article III, Section 3.I.A3 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. Section 2.4 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.31 The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date M Virginia Department of Conservation and Recreation (July 5, 2017 Version) of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification. Section 2.5 - District Boundary Changes The delineation of any of the Floodplain Districts may be revised by the {community} where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval. Section 2.6 - Interpretation of District Boundaries Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. Section 2.7 — Submitting Model Backed Technical Data [44 CFR 65.31 A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. Section 2.8 — Letters of Map Revision When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision. 10 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Example cases: • Any development that causes a rise in the base flood elevations within the floodway. Any development occurring in Zones Al -30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation. Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 Code of Federal Regulations §65.3 and §65.6(x)(12). 11 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS Section 3.1 - Description of Special Flood Hazard Districts r44 CFR 59.1, 60.31 A. Basis of Districts The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for {community} prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated {insert the effective date of the community's Flood Insurance Rate Map15 , and any subsequent revisions or amendments thereto. The {community} may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies. The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the {community} offices. L The Floodway District is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table of the above -referenced FIS and shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE zone [44 CFR 60.3(d)]: a. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently - accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies — with the {community's} 5 If preparing an ordinance amendment for adoption of a new FIRM and FIS, the new effective date should be used here, not the initial FIRM date. Every time a community receives a new FIRM, an ordinance amendment must be adopted to update the FIRM's effective date. This amendment must be adopted and approved by FEMA prior to the effective date of the new FIRM to avoid suspension from the NFIP. 12 Virginia Department of Conservation and Recreation (July 5, 2017 Version) endorsement — for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If Article III, Section 3.1.A.l.a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 4. b. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. 2. The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one -percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations 6: Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones Al -30, AE, or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the {community}. Development activities in Zones Al -30, AE, or AH on the {community's} FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies — with the {community's} endorsement — for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency. 3. The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply [44 CFR 60.3(b)]: The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood -Prone 6 The requirement in 60.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The requirement does not apply along lakes, bays and estuaries, and the ocean coast. 13 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches. During the permitting process, the Floodplain Administrator shall obtain: a. The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and, b. If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser$. 4. The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply [44 CFR 60.3(c)]: a. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade. b. All new construction and substantial improvements of non-residential structures shall (1) Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the 7 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data. 8 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal regulations but the 515 rule is less confusing and captures more commercial development. 14 Virginia Department of Conservation and Recreation (July 5, 2017 Version) depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or, (2) Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. The Coastal A Zone9 is labelled as AE on the FIRM; it is those areas that are seaward of the limit of moderate wave action (LiMWA) line. As defined by the VA USBC, these areas are subject to wave heights between 1.5 feet and 3 feet. For these areas, the following provisions shall apply: Buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus one foot10 of freeboard, and must comply with the provisions in Article III, Section 3. LA.2 and Article IV, Sections 4.2 and 4.3. 6. The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves. For these areas, the following provisions shall apply [44 CFR 60.3(e)]: a. All new construction and substantial improvements in Zones V and VE, including manufactured homes, shall be elevated on pilings or columns so that: (1) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level plus eighteen (18) inches." if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two feet above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and, (2) The pile or column foundation and structure attached thereto is anchored to 9 Instead of having a coastal A zone a community can include this area in the V zone, adopting these standards for Coastal A areas provides a higher degree of protection, reflects the level of surge risk seen in actual events, and helps ensure that buildings built now receive favorable insurance rates if FEMA does change their program requirements to include coastal A limitations. Right now the only provisions effecting this zone are found in the Virginia Building Code and are reflected in the language here. to If your community has adopted a higher freeboard (as is recommended) this one foot requirement might need to be changed for consistency with the freeboard required in A or V zones. Consider changing the one foot to 18" of freeboard. I l Flood insurance rounds up for freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data. 15 Virginia Department of Conservation and Recreation (July 5, 2017 Version) resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (one -percent annual chance). b. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Article 111, Section A.6.a. c. The Floodplain Administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The Floodplain Management Administrator shall maintain a record of all such information. d. All new construction shall be located landward of the reach of mean high tide. e. All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction 12 or constructed with non -supporting breakaway walls, open wood -lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (1) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year. f. The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms, temperature -controlled, or used for human habitation. The enclosed 12 An optional higher standard is to simply require that all areas below the lowest floor be free from obstructions that cannot be seen though. This makes it much easier to be sure that these areas are not converted to living spaces and means that breakaway walls do not need technical inspections. 16 Virginia Department of Conservation and Recreation (July 5, 2017 Version) space shall be less than 300 square feet. 13 g. The use of fill for structural support of buildings is prohibited. When non-structural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a permit. h. The man-made alteration of sand dunes, which would increase potential flood damage, is prohibited. The mapped floodplain includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on any flood map or flood insurance study. In this area no emergency service, medical service, or governmental records storage shall be allowed except by special exception using the variance process. 14 Section 3.2 - Overlay Concept The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable. 13 Spaces that are 300 square feet or more trigger very high insurance rates, so limiting the size of these spaces to less than 300 square feet is a higher standard that can make the structure more affordable to insure. 14 This limitation on the use of the 0.2 percent floodplain is not required by NFIP regulations but is an accepted standard for critical facilities in emergency management. Critical facilities that are built in mapped floodplain might not be eligible for rebuilding assistance after a disaster, therefore DCR recommends this provision to ensure that any decision made to build in these circumstances is carefully considered. 17 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.31 Section 4.1 — Permit and Application Requirements A. Permit Requirement All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the {community} Subdivision Regulations. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable State and Federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. B. Site Plans and Permit Applications All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. For structures to be elevated, the elevation of the lowest floor (including basement) or, in V zones, the lowest horizontal structural member. For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed. 4. Topographic information showing existing and proposed ground elevations. Section 4.2 - General Standards The following provisions shall apply to all permits: A. New construction and substantial improvements shall be built according to this ordinance and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvements shall be constructed by methods and IN Virginia Department of Conservation and Recreation (July 5, 2017 Version) practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. In addition to provisions A — H above, in all special flood hazard areas, the additional provisions shall apply: I. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency. J. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. Section 4.3 - Elevation and Construction Standards [44 CFR 60.31 In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Article III, Section 3.1.A.3 the following provisions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) in Zones Al -30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen(]8) inches15. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the Coastal A, VE, and V zones. 15 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data 19 Virginia Department of Conservation and Recreation (July 5, 2017 Version) B. Non -Residential Construction 1. New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches 16. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the Coastal A, VE, and V zones. 2. Non-residential buildings located in all Al -30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet 17 are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by (title of community administrator). C. Space Below the Lowest Floor In zones A, AE, AH, AO, and Al -A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject 16 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best "bang for the buck" in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data 17 If your community has adopted the recommended freeboard you might need to change this provision to be consistent or higher than the freeboard otherwise required. Please note that the minimum requirements are BFE plus one foot — two feet of freeboard is the recommended minimum. 20 Virginia Department of Conservation and Recreation (July 5, 2017 Version) to flooding. b. The total net area of all openings must beat least one (1) square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D. Accessory Structures 1. Accessory structures of any size shall be prohibited within the SFHA and no variance shall be granted for accessory structures. No 2. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Article IV, Section 4.3.13 or, if not elevated or dry floodproofed, shall: a. Not be used for human habitation; b. Be limited to no more than 600 squarefeet" in total floor area; c. Be useable only for parking of vehicles or limited storage; d. Be constructed with flood damage -resistant materials below the base flood elevation; e. Be constructed and placed to offer the minimum resistance to the flow of floodwaters; f. Be anchored to prevent flotation; 18 This is the minimum size restriction set by FEMA Region III, but a community could choose a higher standard and limit accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section 4.3.D.2.b, Article VI, Section M, and Article VIII -Glossary in the definition of "Appurtenant or accessory structure". 21 Virginia Department of Conservation and Recreation (July 5, 2017 Version) g. Have electrical service and mechanical equipment elevated to or above the base flood elevation; h. Shall be provided with flood openings which shall meet the following criteria: (1) There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. (2) The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non -engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc. (3) The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. (4) Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. A signed Declaration of Land Restriction (Non -Conversion Agreement) shall be recorded on the property deed. 19 E. Standards for Manufactured Homes and Recreational Vehicles In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in Article III, Section 3.1.A.6 and Article IV, Sections 4.2 and 4.3. 2. All recreational vehicles placed on sites must either: a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or b. Meet all the requirements for manufactured homes in Article IV, Section 4.3.E. 1. 19 A non -conversion agreement is strongly recommended, especially if a variance is being issued for an accessory structure. However, the non -conversion agreement is not a requirement. 22 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 4.4 - Standards for Subdivision Proposals A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and D. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty20 lots or five acres, whichever is the lesser. 20 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal regulations, but the 515 rule is less confusing and captures more commercial development. 23 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE V — EXISTING STRUCTURES IN FLOODPLAIN AREAS Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved 21 unless one of the following exceptions is established before the change is made: A. The floodplain manager has determined that: 1. Change is not a substantial repair or substantial improvement AND 2. No new square footage is being built in the floodplain that is not complaint AND 3. No new square footage is being built in the floodway AND 4. The change complies with this ordinance and the VA USBC AND 5. The change, when added to all the changes made during a rolling 5 -year period does not constitute 50% of the structure's value. 22 B. The changes are required to comply with a citation for a health or safety violation. C. The structure is a historic structure and the change required would impair the historic nature of the structure. 21 The assumption that all buildings will be brought in to compliance unless an exception is found is not required by the federal regulations, it is a recommended change for the sake of administrative efficiency and improved compliance. 22 This cumulative change requirement is a recommended higher standard. DCR has found that not having a time period for cumulative change can lead to people trying to split work up to avoid hitting the 50% limit which puts the community in a difficult place with enforcement and increases administrative burdens. 24 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.61 Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this Section. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent (1%) chance flood elevation. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 25 Virginia Department of Conservation and Recreation (July 5, 2017 Version) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. The safety of access by ordinary and emergency vehicles to the property in time of flood. K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. L. The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. M. Variances will not be issued for any accessory structure within the SFHA. (Note: See Article IV, Section 4.3.D.1). No variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See Article IV, Section 4.3.D.2). 23 N. Such other factors which are relevant to the purposes of this Ordinance. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. 23 If a size restriction for accessory structures that is less than 600 square feet is chosen, variances could be issued for structures larger than that size restriction, not to exceed 600 square feet. In this case, additional language is required under Article VI, Section M. Suggested language: "Accessory structures within the SFHA that are greater than {insert size restriction} square feet, do not exceed 600 square feet, and do not meet all requirements for elevating or dry floodproofing, as set out in Article IV, Section 4.3.13, must secure a variance in accordance with the floodplain ordinance before a permit is issued. The structure must comply with accessory structure criteria in Article IV, Section 4.3.D.2. No variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See Article IV, Section 4.3.1).2)." 26 Virginia Department of Conservation and Recreation (July 5, 2017 Version) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. 27 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VII - GLOSSARY [44 CFR 59.1] A. Appurtenant or accessory structure - A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square fee124. B. Base flood - The flood having a one percent chance of being equalled or exceeded in any given year. C. Base flood elevation - The water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1% annual chance flood. D. Basement - Any area of the building having its floor sub -grade (below ground level) on all sides. E. Board of Zoning Appeals - The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance. F. Coastal A Zone - Flood hazard areas that have been delineated as subject to wave heights between 1.5 feet and 3 feet. G. Development - Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling or other land -disturbing activities or permanent or temporary storage of equipment or materials. H. Elevated building - A non -basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers). Encroachment - The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing construction - For the purposes of the insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975 for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures" and "pre -FIRM." 24 This is the size restriction set by FEMA Region III, but a community could choose a higher standard and limit accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section 4.3.D.2.b, Article VI, Section M, and Article VIII -Glossary in the definition of "Appurtenant or accessory structure". Virginia Department of Conservation and Recreation (July 5, 2017 Version) K. Flood or flooding - 1. A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or, b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. L. Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). M. Flood Insurance Study (FIS) - a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood -related erosion hazards. N. Floodplain or flood -prone area - Any land area susceptible to being inundated by water from any source. O. Floodproofing - any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. P. Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community. Q. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. R. Functionally dependent use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. 29 Virginia Department of Conservation and Recreation (July 5, 2017 Version) S. Highest adjacent gra - the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. T. Historic structure - Any structure that is: I. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or, b. Directly by the Secretary of the Interior in states without approved programs. U. Hydrologic and Hydraulic Engineering Analysis - Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. V. Letters of Map Change (LOMC) - A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. W. Lowest adjacentrg ade - the lowest natural elevation of the ground surface next to the walls of a structure. 30 Virginia Department of Conservation and Recreation (July 5, 2017 Version) X. Lowest floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of Federal Code 44CFR §60.3. Y. Manufactured home - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Z. Manufactured home park or subdivision - a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. AA. Mean Sea Level — for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced. BB. New construction - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after {insert the effective date of the community's initial Flood Insurance Rate Map} [or "after December 31, 1974", choose whichever is later], and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. CC. Post -FIRM structures - A structure for which construction or substantial improvement occurred on or after {insert the effective date of the community's initial Flood Insurance Rate Map} [or "after December 31, 1974", choose whichever is later] . DD. Pre -FIRM structures - A structure for which construction or substantial improvement occurred before {insert the effective date of the community's initial Flood Insurance Rate Map} [or "on or before December 31, 1974", choose whichever is later] . EE. Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. FF. Recreational vehicle - A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and, 31 Virginia Department of Conservation and Recreation (July 5, 2017 Version) 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. GG. Repetitive Loss Structure - A building covered by a contract for flood insurance that has incurred flood -related damages on two occasions in a 10 -year period, in which the cost of the repair, on the average, equalled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood -related damage, the contract for flood insurance contains increased cost of compliance coverage. HH. Severe repetitive loss structure - a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. II. Shallow flooding area - A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. JJ. Special flood hazard area - The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 3, Section 3.1 of this ordinance. KK. Start of construction - For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. — 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. LL. Structure - for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. MM. Substantial damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. It also means flood -related 32 Virginia Department of Conservation and Recreation (July 5, 2017 Version) damages sustained by a structure on two occasions in a 10 year period, in which the cost of the repair, on the average, equals or exceeds 25 percent of the market value of the structure at the time of each such flood event. NN. Substantial improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. 00. Violation - the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. PP. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 33 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VIII — ENACTMENT25 Enacted and ordained this day of 120 . This ordinance, number of {community}, Virginia, shall become effective upon passage. 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Approval of Agenda Mr. Bower made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. McMurray made a motion to approve the minutes of February 4, 2020, as amended, and February 18, 2020 minutes, which passed 3-0. Approval of Consent Agenda There were no consent items. Public Hearing 1. Proposed amendments to Article I (General Provisions), Article II (Definitions and Use Types), and Article III (District Regulations) of the Roanoke County Zoning Ordinance. Amendments to Article I, Section 30-5, would amend the powers and duties of the Zoning Administrator; amendments to Article II, Sections 30-28 & 29, would add, amend, and delete definitions associated with floodplain management; and amendments to Article III, Section 30-74 Floodplain Overlay District, would add or amend regulatory sections dealing with floodplain management. The proposed amendments are consistent with the Virginia Department of Conservation and Recreation's model ordinance which complies with the requirements of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) regulations. Mr. Thompson presented the Page 1 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES MARCH 3, 2020 proposed amendment, including a brief history of the document, revisions, and definitions. He stated they used the State model as a guide for the ordinance. He reviewed the revised document, noting the Floodplain Administrator will enforce the ordinance. He noted changes to the ordinance will assist citizens with insurance needs. He discussed incorporating the variance process into the ordinance. He stated the ordinance needs to meet current State standards. Mr. James opened the public hearing for public comment. Roberta Bondurant, 11577 Bottom Creek Road, discussed the floodplain along Back Creek on Bent Mountain and properties which are impacted. She stated she attended the previous public hearing regarding the ordinance. She stated the Department of Conservation and Recreation (DCR) reached out to make flood insurance available. She stated the document looks to strive to be within Federal Emergency Management Agency (FEMA) standards. She stated some communities have had workshops with DCR. She request that the Commission table action on this document so that the citizens have opportunities to go over the provisions. She stated that in 2017 no floodplain delineation was made in Roanoke County. She stated the people here are bringing salient information for floodplain determination. She discussed the importance of having a robust document that the communities are behind. Bonnie Law, Box 312, Boones Mill, stated she worked with floodplain insurance. She stated that in 1980, FEMA had lots of problems with insurance issues. She stated if insurance coverage is not required in floodplain areas, the taxpayers bear the brunt of the cost. She stated there is no Federal protection to the water supply. She asked that they look at guidelines for the local floodplain ordinance. She stated that she was trapped downtown Roanoke during the flood of 1985. She stated she would like higher standards not just minimum standards. She stated Clearbrook and Back Creek areas need to be included. Grace Terry, stated she owns property near Honeysuckle Road. She discussed changes to erosion and sediment control, including the 25 foot stream buffer. She asked if the ordinance was based on science. She requested that any action on the ordinance be delayed until the month of May. She inquired if stream buffer is adequate. She stated she is concerned the 25 foot buffer is not tied to the Zoning Ordinance but to the Erosion and Sediment Control Ordinance. She stated steep slopes have different water dynamics, noting flooding is not mapped in those steep sloped areas. She requested the Commission map one hundred percent of the county particularly in the steep areas. Mr. Thompson and the Commissioners discussed procedural issues regarding continuing the public hearing if the Commission chooses this action. Mr. James noted that only two percent of eligible property owners carry flood insurance. He also inquired about floodplain delineation in certain areas. Mr. Workman discussed that a flood study is done if the property is over 100 acres or more. He stated a flood study would have to be completed if the property is Page 2 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES MARCH 3, 2020 developed. Mr. James inquired if the study would be the burden of the developer. Mr. Workman affirmed it would be the responsibility of the developer to submit a flood study of the property. He reviewed the various flood zone designations, noting Bent Mountain is not studied and is in Zone X due to mountaintops. Ms. Law inquired about water supply for an industrial developer. Mr. Workman and Mr. Thompson discussed this issue, noting requirements would have to be met by the developer. Mr. Moneir stated any developing parcel which has streams or waterways requires an engineer of record to do the study and calculations for erosion and sediment control. He stated the idea is to have no impact prior or post development of the site. He stated the plan has to be certified by a licensed engineer or licensed landscape architect. Mr. Workman discussed water quality requirements. Mr. James inquired about reviewing the Erosion and Sediment Ordinance and the Floodplain Ordinance. Mr. Thompson discussed this issue, noting the Erosion and Sediment Ordinance is not in the Zoning Ordinance. He discussed procedural issues regarding the ordinances. Mr. James inquired if the engineering community had provided any feedback. Mr. Thompson stated he had not received any additional comments. Ms. Bondurant requested that any action on the ordinance be delayed for two weeks and allow citizen and conservations groups to review the document to make sure communities recognize all concerns. She noted only three of the five Commissioners are present at the hearing, noting that Mr. Woltz has great knowledge of area and she would like to learn from all of the Commissioners. Mr. Thompson stated floodplain maps have been provided. He discussed the limits of floodplain studies. Mr. Workman stated the Army Corps of Engineers conducted the studies, noting they were updated in 2007. Mr. Thompson stated the digital version of the maps have been interfaced with the County's GIS maps. Mr. Workman stated additional flood studies would need to go through FEMA. Mr. Thompson reiterated that if the property is over 100 acres a flood study map will be required from the developer. Mr. Bower inquired about acreage on Bent Mountain. Mr. Workman stated if property of 100 acres is adjacent to a creek a flood study would be required from developer, noting it is the same procedure required by FEMA. He noted it would be a 100 acre watershed. Mr. Bower inquired about regulations for development. Mr. Workman discussed the regulations, noting that 24 inches above flood plain is more than is required by State regulations. Mr. James noted the Commission is an advisory body. He stated the Commission has reviewed the proposed amendments a number of times. He noted staff will enforce the flood study requirements. Mr. Bower stated the amendment process has been ongoing for years, noting they have reviewed the ordinance extensively. With no other citizens requesting to speak, Mr. James closed the public hearing. Mr. Bower made a motion to recommend approval of the proposed amendments. Mr. Thompson called the roll and the motion passed (3-0) with the following vote: Page 3 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES AYES: Bower, James, McMurray NAYES: None ABSTAIN: None MARCH 3, 2020 Mr. Thompson discussed procedural issues regarding forwarding the proposed Floodplain Ordinance Amendments to the Board of Supervisors. Citizen Comments There were none. Commissioners' and Staff Comments Mr. Thompson stated that upon Mr. Murphy's retirement, Ms. James has been appointed Acting Zoning Administrator by the Board of Supervisors. He stated she will serve in this capacity until the position is permanently filled. Mr. Thompson stated a community meeting regarding the Roanoke Valley Resource Authority petition will be held at 6:00 p.m. on Monday, March 9, 2020, at Mason Cove Elementary School. He stated the Board of Supervisors Public Hearing regarding this petition will be held on March 24, 2020. Mr. Thompson stated the Planning Commission Public Hearing regarding the Hollins Center Plan will be held at 7:00 p.m. on March 17, 2020. He stated citizens comments will be accepted ten days prior and ten days after the public hearing, noting the comment session will close on March 27, 2020. He stated staff plans to provide the comments received to the Commission at the April 7, 2020 Planning Commission meeting. Mr. Thompson provided an update regarding a potential land use application. With no further business or comments, Mr. James adjourned the meeting at 8:05 p.m. Respectfully Submitted: 476 S" L4="—A c:—( Susan McCoy Recordbg Secretary, Roanoke County Planning Commission Philip Th*pson Secreta , Roanoke County Planning Commission Ric James Chairman, Roanoke County Planning Commission Page 4 of 4 NFIP's Community Rating System (CRS) Class 8 Freeboard Prerequisite Frequently Asked Questions May 2020 The CRS is a voluntary program that provides flood insurance premium discounts to communities that implement programs and measures that exceed the minimum floodplain management requirements of the National Flood Insurance Program (NFIP). The CRS determines discounts based on credit points provided for floodplain management activities. To achieve certain CRS class ratings, communities must meet certain program prerequisites in addition to the credit points. In January 2021, the Community Rating System (CRS) will implement a new Class 8 prerequisite for freeboard for all participating and new CRS communities. Below are some frequently asked questions about the CRS Class 8 freeboard prerequisite. What is the new CRS Class 8 freeboard prerequisite? Section 211 of the 2017 CRS Coordinator's Manual will be changed to read, "In order to be a Class 8 or better... (1) The community must meet all the Class 9 prerequisites. (2) The community must adopt and enforce at least a 1 -foot freeboard requirement (including equipment or mechanical items) for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage, throughout its Special Flood Hazard Area (SFHA) where base flood elevations have been determined on the Flood Insurance Rate Map (FIRM) or in the Flood Insurance Study (FIS), except those areas that receive open space credit under Activity 420 (Open Space Preservation)." Why is FEMA making freeboard a Class 8 prerequisite in the CRS? The goal is to further the flood resiliency in our Nation. FEMA is working to ensure that homes are built to better withstand natural disasters, including floods. The CRS credits community efforts that exceed the minimum floodplain management requirements of the NFIP. Freeboarda margin of safety added to the level of the base flood—definitively exceeds those minimum standards. Research shows that higher regulatory standards reduce future flood damage, and the importance is recognized by over 80% of CRS communities who already require freeboard. With freeboard in place, homes are not only better protected from flood damage, but also flood insurance costs less. The expense of elevating a new home an additional foot often can be recaptured in lower flood insurance premiums over 5 years or less. How will the change in the 2017 CRS Coordinator's Manual be made? FEMA will issue an addendum to the 2017 CRS Coordinator's Manual that will be effective on January 1, 2021. CRS communities and the Insurance Services Office, Inc. (ISO) will continue to use the 2017 Coordinator' Manual along with the 2021 Addendum, until such time that FEMA issues a new Coordinator's Manual, likely not before 2023. CRS Class 8 Freeboard Prerequisite FAQs FEMA NATIONAL INSURANCE PRUGRARI NFI The CRS is a voluntary program that provides flood insurance premium discounts to communities that implement programs and measures that exceed the minimum floodplain management requirements of the National Flood Insurance Program (NFIP). The CRS determines discounts based on credit points provided for floodplain management activities. To achieve certain CRS class ratings, communities must meet certain program prerequisites in addition to the credit points. In January 2021, the Community Rating System (CRS) will implement a new Class 8 prerequisite for freeboard for all participating and new CRS communities. Below are some frequently asked questions about the CRS Class 8 freeboard prerequisite. What is the new CRS Class 8 freeboard prerequisite? Section 211 of the 2017 CRS Coordinator's Manual will be changed to read, "In order to be a Class 8 or better... (1) The community must meet all the Class 9 prerequisites. (2) The community must adopt and enforce at least a 1 -foot freeboard requirement (including equipment or mechanical items) for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage, throughout its Special Flood Hazard Area (SFHA) where base flood elevations have been determined on the Flood Insurance Rate Map (FIRM) or in the Flood Insurance Study (FIS), except those areas that receive open space credit under Activity 420 (Open Space Preservation)." Why is FEMA making freeboard a Class 8 prerequisite in the CRS? The goal is to further the flood resiliency in our Nation. FEMA is working to ensure that homes are built to better withstand natural disasters, including floods. The CRS credits community efforts that exceed the minimum floodplain management requirements of the NFIP. Freeboarda margin of safety added to the level of the base flood—definitively exceeds those minimum standards. Research shows that higher regulatory standards reduce future flood damage, and the importance is recognized by over 80% of CRS communities who already require freeboard. With freeboard in place, homes are not only better protected from flood damage, but also flood insurance costs less. The expense of elevating a new home an additional foot often can be recaptured in lower flood insurance premiums over 5 years or less. How will the change in the 2017 CRS Coordinator's Manual be made? FEMA will issue an addendum to the 2017 CRS Coordinator's Manual that will be effective on January 1, 2021. CRS communities and the Insurance Services Office, Inc. (ISO) will continue to use the 2017 Coordinator' Manual along with the 2021 Addendum, until such time that FEMA issues a new Coordinator's Manual, likely not before 2023. CRS Class 8 Freeboard Prerequisite FAQs Which CRS communities does the Class 8 freeboard prerequisite affect? The Class 8 freeboard prerequisite affects Class 5 through Class 8 communities. The prerequisite will not affect Class 9 communities. Communities in Classes 1 through 4 already meet the new freeboard prerequisite. When will the Class 8 freeboard prerequisite be applied to participating CRS communities? The Class 8 freeboard prerequisite will be required of CRS communities at their first CRS cycle verification visit after January 1, 2021. Ordinance, regulatory, or building code language that meets the Class 8 prerequisite must be adopted, and provisions must be enforced, no later than the first cycle visit after January 1, 2021. However, an earlier date for community enforcement of the Class 8 freeboard prerequisite may be required in a new (2023 or later) CRS Coordinator's Manual. This means that communities that are not due for a cycle visit until 2023 or later should not wait to adopt the freeboard requirement. Can a community still join or participate in the CRS without a freeboard requirement? Yes. Any community that meets the CRS Class 9 prerequisites can apply to join the CRS and become a Class 9 community. Any already -participating CRS community that cannot meet the Class 8 freeboard prerequisite at its first cycle visit after 2021 will change to a Class 9 community (see previous question). Where must a community require at least 1 foot of freeboard? Communities must enforce the freeboard requirement for all residential buildings that are new, substantially improved, and/or reconstructed due to substantial damage throughout the SFHA where base flood elevations have been determined on the FIRM or in the FIS. This means all "numbered zones" in the SFHA. The CRS will not require freeboard in unnumbered zones within the SFHA. The prerequisite includes all residential buildings. Does this include manufactured homes? Yes. At least 1 foot of freeboard is required for manufactured homes, including equipment and mechanical items. If a community adopts the International Code Council codes, will they meet the requirements for the Class 8 freeboard prerequisite? Yes, provided that the adopted building code includes freeboard for residential buildings and the community is enforcing the freeboard provisions. This includes adopted state building codes that are enforced in the community. The CRS credits other higher standards included in building codes. For example, coastal CRS communities that have adopted and enforce recent building codes and have newer FIRMS often can qualify for Coastal A Zones credit under Activity 430 (Higher Regulatory Standards). Should a community require more than one foot of freeboard? All communities are encouraged to consider adopting additional freeboard. This may mean freeboard in all flood zones. It may mean more than 1 foot of freeboard. It may mean applying the freeboard standard to all building types. Remember, CRS credit is available for the enforcement of freeboard under CRS Activity 430 (Higher Regulatory Standards). Will communities receive CRS credit for the enforcement of freeboard for residential buildings? Yes. Communities will continue to receive freeboard credit (FRB) under Activity 430 (Higher Regulatory Standards) for enforcing freeboard for residential buildings. Communities that already receive FRB credit will continue to receive FRB credit. The basic FRB credit in the CRS is 100 points. FRB credit is higher when more freeboard is required or when elevation on fill is not allowed. An impact adjustment is applied to FRB credit. CRS Class 8 Freeboard Prerequisite FAQs What should CRS communities do in light of the Class 8 prerequisite? Communities that currently enforce freeboard should check their floodplain ordinances and/or building codes to be sure that equipment and mechanical items are included, that substantially improved buildings are included, and that the provisions are being enforced. Communities that do not currently enforce at least I foot of freeboard for all new or substantially improved residential buildings, including equipment and mechanical items, within numbered zones of the SFHA will need to make changes to their floodplain ordinance and/or building code. Adoption and enforcement of the freeboard must occur before the community's first CRS cycle visit after January 1, 2021. What if a community has questions about the Class 8 prerequisite or the CRS? A community should contact its ISO/CRS Specialist with questions about the prerequisite and the CRS. A list of ISO/CRS Specialists can be found on the CRS Resources website (CRSresources.org). State NFIP Coordinators or FEMA Regional CRS Coordinators can assist with model ordinance or sample regulatory language for freeboard, and other higher regulatory standards. Contact information for FEMA is available at the FEMA website (www.fema.gov). CRS Class 8 Freeboard Prerequisite FAQs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 2020 ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (DEFINITIONS AND USE TYPES), AND ARTICLE III (DISTRICT REGULATIONS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, the Planning Commission and Roanoke County staff have reviewed and prepared amendments to the Zoning Ordinance regarding floodplain management; and WHEREAS, the proposed amendments are consistent with the Virginia Department of Conservation and Recreation's model ordinance, which complies with the requirements of the Federal Emergency Management Agency's National Flood Insurance Program regulations; and WHEREAS, on March 5, 2020, after proper notice, the Roanoke County Planning Commission held a public hearing on the proposed amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on August 25, 2020, and the second reading and public hearing was held on September 8, 2020. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors as follows: 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: Page 1 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through ARTICLE I — GENERAL PROVISIONS SEC. 30-5. ZONING ADMINISTRATOR; POWERS AND DUTIES. (A) The zoning administrator shall serve as the administrator of this ordinance otherwise specified. ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. (C) For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below. Accessory building or structure: A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. Accessory structures shall not exceed 600 square feet in special flood hazard areas. Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE): The water surface elevation of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. "The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purpose of this ordinance, the base flood is the 1 % annual chance flood. Board of zoning appeals (BZA). The term board of zoning appeals will refer to the Roanoke County Board of Zoning Appeals, This board is appointed to review appeals made by individuals with regard to decisions of the zoning administrator, and in special flood hazard areas the decisions of the floodplain administrator, in the interpretation of this ordinance. In addition, the BZA is responsible for granting variances from local zoning regulations. Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program (NFIP) requirements for such projects with respect to Page 2 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Development: Any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation or drilling operations or other land -disturbing activities, or permanent or temporary storage of equipment or materials. Elevated building: A non -basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers). Encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing construction: For the purpose of the flood insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM for that location, or before October 17, 1978, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures" and "pre -FIRM." Flood or flooding: (1) A general or temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; or, (b) the unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. Flood insurance rate map (FIRM): An official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Page 3 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Flood insurance study (FIS): A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood -related erosion hazards. Floodplain administrator: The Floodplain Administrator of Roanoke County, Virginia. The floodplain administrator shall be responsible for administering the floodplain regulations on behalf of the county. Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community. Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Hydrologic and hydraulic engineering analysis: Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a Land as defined by metes and bounds or structure is not located in a special flood hazard area. Letters of map change (LOMC): A Letter of Map Change is an official FEMA Page 4 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Conditional Letter of Map Revision (CLOMR). Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Lowest adjacent grade: The lowest natural elevation of the ground surface next to the walls of a structure. New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM for that location, or after October 17, 1978, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Post -FIRM structures: A structure for which construction or substantial improvement occurred on or after the effective date of the initial FIRM for that location, or on or after October 17, 1978. Pre -FIRM structures: A structure for which construction or substantial improvement occurred before the effective date of the initial FIRM for that location, or before October 17, 1978. Recreational vehicle: A vehicle, built on a single chassis and measuring 400 square feet or less at the largest horizontal projection, which can be towed, hauled or driven, designed and used as temporary living accommodations for recreational, camping or travel uses only. Recreational vehicles shall include travel trailers, pick-up campers, motor homes, tent trailers or similar devices used for temporary mobile housing, boats and personal watercraft. Repetitive loss structure: A building covered by a contract for flood insurance that has incurred flood -related damages on two occasions in a 10 -year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood -related damage, the contract for flood insurance contains increased cost of compliance coverage. Page 5 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Severe repetitive loss structure: A structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage — (i) For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. Shallow flooding area: A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Special flood hazard area: The land in the floodplain subject to a one (1 %) percent or greater chance of being flooded in any given year as determined in Section 30-74-8 of this ordinance. Start of construction: For other than new construction and substantial improvement, start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: Anything that is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this ordinance. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. It also means flood -related damages sustained by a structure on two occasions in a 10 -year Page 6 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through period, in which the cost of repair, on average, equals or exceeds 25 percent of the market value of the structure at the time of each such flood event. Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not, however, include (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure; or (3) Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Manufactured home: A structure subject to federal regulation, which is transportable in one (1) or more sections: is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. For floodplain management purposes also included are park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. ARTICLE III — DISTRICT REGULATIONS SEC. 30-74. FO FLOODPLAIN OVERLAY DISTRICT. Sec. 30-74-1. Purpose. Page 7 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (A) The purpose of the Floodplain Overlay (FO) District is to provide mandatory floodplain restrictions for Federal Emergency Management Agency (FEMA) compliance. The purpose of these floodplain provisions is to prevent the following 1. The loss of life, health, or property; 2. The creation of health and safety hazards; 3. The disruption of commerce and governmental services; 4. The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and 5. The impairment of the tax base. (B) These provisions are designed to accomplish the above purposes by: 1. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; 2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; 3. Requiring all those uses, activities, and developments that do occur in flood - prone areas to be protected and/or flood -proofed against flooding and flood damage; . 4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Sec. 30-74-2. Applicability and Administration. (A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as special flood hazard areas (SFHAs), shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) provided to Roanoke County by FEMA. (B) These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists between these provisions and those of any underlying zoning district, the more restrictive provisions shall apply. Page 8 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (C) In the event any provision concerning a floodplain area is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable. Sec. 30-74-3. Compliance. (A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section. (B) The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man- made or natural causes, such as icejams and bridge openings restricted by debris. This section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. (C) This ordinance shall not create liability on the part of Roanoke County or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Sec. 30-74-4. Severability If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable. Sec. 30-74-5. Designation of the Floodplain Administrator The County Administrator shall designate the Floodplain Administrator for Roanoke County. Sec. 30-74-6. Duties and Responsibilities of the Floodplain Administrator The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: (A) Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA). (B) Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. Page 9 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (C) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. (D) Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one hundred year frequency floodplain of free-flowing non -tidal waters of the State. (E) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (Virginia Department of Environmental Quality (VADEQ), United States Army Corps of Engineers (USACE)) and have submitted copies of such notifications to FEMA. (F) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met. (G) Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations orto determine if non-compliance has occurred or violations have been committed. (H) Review Elevation Certificates and require incomplete or deficient certificates to be corrected. (1) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain the FIRM, including hydrologic and hydraulic engineering analyses prepared by or for Roanoke County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. (J) Maintain and permanently keep records that are necessary for the administration of these regulations, including: Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change (LOMC); and 2. Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the Page 10 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through FIRM) to which structures have been flood -proofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations. (K) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders and require permit holders to take corrective action. (L) Advise the Board of Zoning Appeals (BZA) regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation. (M) Administer the requirements related to proposed work on existing buildings: Make determinations in consultation with the building official as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged. 2. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage. (N) Undertake other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under the National Flood Insurance Program (NFIP) flood insurance policies. (0) Notify FEMA when the corporate boundaries of Roanoke County have been modified and: Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and 2. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same Page 11 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. (P) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. (Q) It is the duty of the Floodplain Administrator to take into account flood, mudslide and flood -related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying). Sec. 30-74-7. Use and Interpretation of FIRMs The Floodplain Administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data: (A) Where field surveyed topography indicates that adjacent ground elevations: Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as SFHA and subject to the requirements of these regulations; 2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as SFHA unless the applicant obtains a Letter of Map Change that removes the area from the SFHA. (B) In FEMA -identified SFHAs where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used. (C) Base flood elevations and designated floodway boundaries on the FIRM and in the FIS shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations. (D) Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on the FIRM and in the FIS. Page 12 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (E) If a Preliminary FIRM and/or a Preliminary FIS has been provided by FEMA: Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. 2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 30-74-8(A)3 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM. 3. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. Sec. 30-74-48. Delineation of Areas. (A) The various special floods hazard areas shall include the SFHAs The basis for the delineation of these areas shall be the FIS and the FIRM for Roanoke County prepared by FEMA, dated September 28, 2007, as amended and any subsequent revisions or amendments thereto. Roanoke County may identify and regulate local flood hazard and ponding areas that are not delineated on the FIRM. These areas may be noted on a "Local Flood Hazard Map" using the best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies. The boundaries of the SFHAs are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the Roanoke County offices. These areas are more specifically defined as follows: The Floodway is part of an AE Zone and is delineated, for purposes of this section, using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 45 of the above referenced FIS and shown on the accompanying FIRM Page 13 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through The following provisions shall apply within the Floodway of an AE zone: a. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently -accepted technical concepts. Studies, analyses, computations and other required information shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies — with Roanoke County's endorsement — for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the FEMA. Once approved by FEMA, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 30-74-13 and 30-74-15. b. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. 32. The AE or AH Zones that are designated as AE or AH Zones on the FIRM accompanying the FIS shall be the areas for which one percent annual chance flood elevations have been provided #@=and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations: Page 14 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through a. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the SFHA, designated as Zones AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within Roanoke County. Development activities in Zones AE or AH on the County of Roanoke's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies — with Roanoke County's endorsement — for a CLOMR, and receives the approval of FEMA. 43. The A Zone, or Approximated Floodplain, on the FIRM accompanying the FIS, shall be those floodplain areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated, and all other floodplain areas where the drainage area is greater than 100 acres. For these areas, the following provisions shall apply: a. The base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data such as the USACE Floodplain Information Reports, U. S. Geological Survey Flood -Prone Quadrangles, and similar sources, then the applicant for the proposed use, development and/or activity shall determine this base flood elevation P@101@1.40 14 t..,n donnator of For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, and other information shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Page 15 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through b. The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus twelve (12) inches for non- residential structures and twenty-four (24) inches for residential structures. C. During the permitting process, the Floodplain Administrator shall obtain: The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and, ii. If the structure has been flood -proofed in accordance with the requirements of Section 30-74, the elevation (in relation to mean sea level) to which the structure has been flood - proofed. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser. 4. The AO Zone, shall be those areas of shallow flooding identified as AO on the FIRM accompanying the FIS. For these areas, the following provisions shall apply: a. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade. b. All new construction and substantial improvements of non-residential structures shall: Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be Page 16 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through elevated at least two feet above the highest adjacent grade; or, Together with attendant utility and sanitary facilities be completely flood -proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. C. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. (B) The mapped floodplain, includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on any flood map or flood insurance study. In this area, no new emergency service, medical service, or governmental records storage shall be allowed except through the variance process. Sec. 30-74-69. Creation of Overlay. (A) The floodplain areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions. (B) The boundaries of the floodplain areas are established as shown on the FIRM which is declared to be part of this chapter and which shall be kept on file in the office of the Floodplain Aadministrator. Sec. 30-74-610. Floodplain Boundary Changes and Interpretation (A) In regards to jurisdictional boundary changes, the County Floodplain Ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing Floodplain Ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing Floodplain Ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Page 17 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22 (a) (9) (v) all NFIP participating communities must notify the Federal Insurance Administration (FIA) and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the FIRM accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification. (AB) The delineation of any of the floodplain areas may be revised by Roanoke County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by USACE or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from tho Aaltmminmciro FEMA. A completed LOMR is a record of this approval. (&C) Initial interpretations of the boundaries of the floodplain areas shall be made by the Floodplain Aadministrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the BZA shall make the necessary determination. The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the appoals BZA and to submit technical evidence. Procedures for such appeals shall be as outlined in Section 30-24 of this ordinance. Sec. 30-74-11. Submitting Model Backed Technical Data A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. Sec. 30-74-12. Letters of Map Revision (LOMR) (A) When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by Page 18 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through applying for a CLOMR and then a LOMR. Example cases may include, but not be limited to: Any development within the floodway that causes a rise in the base flood elevations. 2. Any development occurring in Zones Al -30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation. 3. Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 Code of Federal Regulations §65.3 and §65.6(x)(12). Sec. 30-74-913. Floodplain Area Provisions, Generally. (A) All uses, activities, and development occurring within any floodplain area, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code (VA USBC) and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the Floodplain Aadministrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Page 19 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through ( ) All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. For structures to be elevated, the elevation of the lowest floor (including basement). 2. For structures to be flood proofed (non residential only), the elevation to which the structure will be flood proofed. 3. The elevation of the pdpnd leon base flood at the site. 4. Topographic information showing existing and proposed ground elevations. (. ) For all new subdivisions which adjoin or include floodplain areas identified in the FIS, the base flood elevation shall be shown on the final record plat. (D) The following provisions shall apply to all permits: New construction and substantial improvements shall be built according to Section 30-74-8 of this ordinance and the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. 2. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces. 3. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 4. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Page 20 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. 9. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, or other water feature, within this jurisdiction a permit shall be obtained from the USACE, the VADEQ, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA. 10. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. Sec. 30-74-9-14. Floodway Development Regulations. (A) In the floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above. (B) The placement of any manufactured home, except in an existing manufactured home park within the floodway is specifically prohibited. (C) In the floodway, the following uses, types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying zoning district, (2) are not prohibited by any other ordinance and (3) no specific land use requires any type of structure, fill, or storage of materials and equipment: Page 21 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 1. Agricultural 2. Public Parks and Recreational Areas 3. Outdoor Sports and Recreation 4. Golf Courses 5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas. 6. Accessory industrial and commercial uses such as but not limited to, yard areas, parking and loading areas, and airport landing strips. Sec. 30-74-15. Elevation and Construction Standards In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Section 30-74-8, the following provisions shall apply: Page 22 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (A) Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus twenty-four (24) inches. Equipment or mechanical items for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage shall be elevated to or above the base flood level plus twelve (12) inches. (B) Non -Residential Construction New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus twelve (12) inches. 2. Non-residential buildings located in all AE, and AH zones may be flood - proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are flood -proofed, shall be maintained by the Floodplain Administrator. (C) Space below the Lowest Floor In zones A, AE, AH, and AO, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; Page 23 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 3. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. b. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. C. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. (D) Accessory Structures Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of 30-74-15(B) or, if not elevated or dry flood -proofed, shall: 1 Not be used for human habitation; 2 Be limited to no more than 600 square feet in total floor area; 3 Be useable only for parking of vehicles or limited storage; 4 Be constructed with flood damage -resistant materials below the base flood elevation; rJ Be constructed and placed to offer the minimum resistance to the flow of floodwaters; 6 Be anchored to prevent flotation; 7. Have electrical service and mechanical equipment elevated to or above the base flood elevation; Page 24 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through $ Shall be provided with flood openings which shall meet the following criteria: a. There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. b. The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non -engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc. C. The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. d. Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. (E) Standards for Manufactured Homes and Recreational Vehicles All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in Section 30-74-13 and Section 30-74-15. 2. All recreational vehicles located in a FEMA designated floodplain shall either: a. Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and inspected, and ready for highway use; or b. Meet the minimum requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the VA USBC; or C. Be fully licensed and highway ready. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Page 25 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through (F) Standards for Subdivision Proposals All subdivision proposals shall be consistent with the need to minimize flood damage; 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and 4. When the FIS does not provide detailed base flood elevations, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser. Sec. 30-74-126. Existing Structures in Floodplain Areas. (A) Any structure or use of a structure or premises EF must be brought into Page 26 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change: nndlcir The Floodplain Administrator has determined that: a. Change is not a substantial repair or substantial improvement; and b. No new square footage is being built in the floodplain that is not compliant; and C. No new square footage is being built in the floodway; and d. The change complies with the zoning ordinance and the VA USBC. 2. , F1 Gt The changes are required to comply with a citation for a health and safety violation. 3. The structure is a historic structure and the change requires would impair the historic nature of the structure. AlIIW�1llVAd1'� �I M - M*S Page 27 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Page 28 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Sec. 30-74-147. Variances. (A) Variances shall be issued only upon a showing of good and sufficient cause, and after the BZA has determined that failure to grant the variance would result in exceptional hardship to the applicant. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the BZA for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this Section. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. In passing upon applications for variances, the BZA shall satisfy all relevant factors and procedures set forth in Section 30-24-1 et seq. of the zoning ordinance and consider the following additional factors: The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent (1 %) chance flood elevation. Page 29 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the county. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the county. 10. The safety of access by ordinary and emergency vehicles to the property in time of flood. 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 13. No variance shall be granted for an accessory structure exceeding 600 square feet. 14. Such other factors which are relevant to the purposes of this Ordinance. (B) The BZA may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Variances shall only be issued after the BZA has determined that the granting of such will not result in: Page 30 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3. Extraordinary public expense; 4. Creation of nuisances; 5. Fraud or victimization of the public; or, 6. Conflict with local laws or ordinances. Variances shall only be issued after the BZA has determined that the variance will be the minimum to provide relief hapdchip (C) The nppnBZP, shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one percent (1 %) flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the FIA. Sec. 30-74-18. Records. Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity. Sec. 30-74-19. Violations. The failure of a structure or other development to be fully compliant with the county's floodplain management regulations shall be considered a violation. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 30-74-13 (9), 30-74-15 (B) 2, 30-74-15 (E) 4, and 30-74- 16 (A) is presumed to be in violation until such time as that documentation is provided. Sec. 30-74-20. Penalty for Violations Section 30-22 of the Zoning Ordinance contains provisions for enforcement of this section and penalties that apply for violations. Page 31 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 2. That this ordinance shall be in full force and effect from and after its adoption. Page 32 of 32 Note: Text additions are in red font. Text deletions are in red font and are struck through 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: August 25, 2020 Ordinance authorizing the relocation of the principal office of the General Registrar for Roanoke County to the Craig Center, located at 900 Chestnut Street, in the Vinton Magisterial District Peter S. Lubeck County Attorney APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: The Relocation of the Principal Office of the General Registrar to the Craig Center, located at 900 Chestnut Street, in the Vinton Magisterial District. BACKGROUND: Section 24.2-411 of the Code of Virginia provides that each local governing body shall furnish the general registrar with a clearly marked and suitable office which shall be the principal office for voter registration. Historically, when the office of the Registrar has been relocated, the Board has authorized such relocation by ordinance. During the COVID-19 pandemic, the County's Director of Emergency Services determined that it was necessary, for safety purposes, to temporarily relocate the office of the General Registrar from the County administration offices, located at 5204 Bernard Drive, to the Craig Center, located at 900 Chestnut Street. It has become apparent that the Craig Center is better able to meet the needs of the General Registrar, and that as part of the County's continuing response to the COVID-19 pandemic, it would be prudent to permanently relocate the Registrar to this location. Page 1 of 2 DISCUSSION: It is proposed that the Board act to authorize the permanent relocation of the Registrar's Office to the Craig Center. FISCAL IMPACT: CARES Act funding in the amount of $219,000 was previously appropriated to renovate the facility to accommodate voting changes for no excuse absentee voting and compliance with the Department of Labor and Industry standards. There have been no changes since the first reading of the ordinance on August 11, 2020. STAFF RECOMMENDATION: Staff recommends that the Board approve the proposed ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 ORDINANCE AUTHORIZING THE RELOCATION OF THE PRINCIPAL OFFICE OF THE GENERAL REGISTRAR FOR ROANOKE COUNTY TO THE GRAIG CENTER, LOCATED AT 900 CHESTNUT STREET IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, Section 24.2-411 of the Code of Virginia provides that each local governing body shall furnish the general registrar with a clearly marked and suitable office which shall be the principal office for voter registration; and WHEREAS, during the COVID-19 pandemic, the County's Director of Emergency Services determined that it was necessary, for safety purposes, to temporarily relocate the office of the General Registrar for Roanoke County from the County administration offices, located at 5204 Bernard Drive, to the Craig Center, located at 900 Chestnut Street, in the Vinton Magisterial District, which property is owned by the Roanoke County Board of Supervisors; and WHEREAS, it has become apparent that the Craig Center is better able to meet the ongoing needs of the General Registrar, and that as part of the County's continuing response to the COVID-19 pandemic, it would be prudent to permanently relocate the General Registrar to this location; and WHEREAS, the first reading of this ordinance was held on August 11, 2020; and the second reading of this ordinance was held on August 25, 2020. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the relocation of the principal Office of the General Registrar for the County of Roanoke to the Craig Center, located at 900 Chestnut Street in the Vinton Magisterial District, is hereby authorized and approved. Page 1 of 1 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 25, 2020 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Open district appointments. BACKGROUND: 1. Library Board (appointed by District) The following District appointments remains open: Vinton Magisterial District Windsor Hills Magisterial District 2. Parks, Recreation and Tourism (appointed by District) Mike Roop's three (3) year term representing the Vinton Magisterial District has expired effective June 30, 2019. Open Windsor Hills Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. 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 25, 2020 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G- 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 25, 2020, designated as Item IG- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes —August 11, 2020 2. Request to accept and allocate grant funds in the amount of $36,000 for two (2) heart monitor defibrillators from the Virginia Department of Health (VDH) 3. Request approving the donation of five Fire and Rescue thermal imaging cameras to Craig County Page 1 of 1 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: August 25, 2020 Request to accept and allocate grant funds in the amount of $36,000 for two (2) heart monitor defibrillators from the Virginia Department of Health (VDH) SUBMITTED BY: Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Acceptance and allocation of a grant in the amount of $36,000 from the Virginia Department of Health (VDH)-Office of Emergency Medical Services (OEMS)-Rescue Squad Assistance Fund (RSAF) to purchase two (2) heart monitor defibrillators. BACKGROUND: The financial assistance for Emergency Medical Services Grants Program, known as the Rescue Squad Assistance Fund (RSAF) Grant Program is a multi-million dollar grant program for Virginia non-profit EMS agencies and organizations. Items eligible for funding include EMS equipment and vehicles, computers, EMS management programs, courses/classes, and projects benefiting the recruitment and retention of EMS members. DISCUSSION: In the current Fire and Rescue budget, funds are available to purchase one heart monitor. Staff then leveraged these funds to apply for and receive a grant for a second device, saving the County $36,000. The grant was awarded from the Rescue Squad Assistance Fund (RSAF) in the amount of $36,000 for the purchase of two (2) heart monitor defibrillators for use on Advanced Life Support (ALS) calls. The grant requires a fifty percent (50%) local match. Page 1 of 2 FISCAL IMPACT: The VDOH grant funds total $36,000 with a required local match of fifty percent (50%) by the County, which was appropriated as part of the fiscal year 2020-2021 Fire and Rescue operating budget. No additional funds are required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $36,000.00 from the Virginia Department of Health. Page 2 of 2 COMMONWEALTH of VIRGINIA Department ofAeafth P4 ROX 2448 77y 1-4-1 OR RICHMOND, VA 23248 i-8130-829AUO July 01, 2020 Don Altice Roanoke County Fire & Rescue 5925 Cove Road Roanoke, VA 24019 Dear Grant Administrator: The Office of Emergency Medical Services (GEMS) is pleased to announce that your agency has been awarded funding from the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund (RSAF). The attached Award Page itemizes the actual dollar value, quantity, funding level and item(s) your agency has been awarded under this program. The following documents can be completed and submitted via E -Gift: Memorandum of Agreement: Must be submitted by September 1, 2020. Instructions for Grant Reimbursement: All items must be submitted in order to process your reimbursement. Equipment Status/Final Report Form: This form must be submitted sixty (60) days after the grant cycle deadline. If your agency has had special conditions placed on your grant award, any and all conditions must be met in order to receive reimbursement. Items awarded may be available by state contract, www.eva.virginia.gov, OEMS recommends your agency purchase under state contract if applicable. Any funding your agency receives through Return to Localities funding cannot be used as the matching share of Rescue Squad Assistance Fund grants or any grants offered using Four -For -Life funds. "Any funds received from Section 16.2- 694 by a non -state agency cannot be used to match any other funds derived from Section 46.2-691 by that same non - state agency". All items awarded funding must be ordered from the vendor by September 1, 2020 invoices for all items awarded funding must be submitted to OEMS by December 31, 2020. You must contact GEMS prior to the September 1, 2020 deadline if your agency has encountered difficulties in meeting these deadlines. If you have any questions, please contact Luke Parker, OEMS Grant Program Manager at (804) 888-9106, luke.parker@vdh.virginia.gov or Linwood P. Pulling, . Grant Specialist at (804) 888-9105, Linwood.Pulling@vdh.virginia.gov or 1-800-523-6019 for additional grant information. Congratulations, 4, 5? Awl Gary R. Brown, Director �.. VIRGINIA � !KVA$FrMENT lifUTH wwwxdh_VirgiAa.8Q1L,/RiiMs Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE July 1,'2020 June 30, 2021 Grant Period Agency Name: Roanoke County Fire & Rescue Grant Number: VW -C04106-20 Heart monitor defibrillator FUNDED 2 50150 $36,000.00 Conditions: 13 -Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of j Health." 36 -All agencies using an ePCR systems will submit in real-time unless approved in writing by the GEMS. EMS data quality will not be assessed for 30 days after an EMS incident to allow resubmission of incomplete ePCRs. 37 -Agencies using ImageTrend, ZOLL, or emsCharts EMS ePCR software products must submit EMS data to VPHIB via Web -services. Total: $36,000.00 Grant Number: VVV-004106-20 EMS Agency: Yes Organization Nate: ROANOKE COUNTY FIRE & RESCUE Address First Line: 5925 COVE ROAD Address Second Line: City: ROANOKE City/County: ROANOKE COUNTY Regional Council: Western Virginia EMS Council Organization Structure: Governmental State: VA Zip: 24019 Phone Number: (540)777-8726 FIN#: 546001572 Organization Type: Governmental Number of Certified Personnel -- .. First Responder: 0 EMT: 75 Paramedic: 88 Advance EMT: 0 Enhanced: 0 Intermediate 53 Advanced Life Support Coordinator:0 Education Coordinator: 0 Certification - _ First Responder: 0 EMT: 66 Paramedic: 84 Advance EMT: 5 Enhanced: 0 Intermediate 53 Advanced Life Support Coordinator:0 Education Coordinator: 0 Driver: 0 Other: 0 Total: 208 Personnel Career: 208 Volunteer: 0 Total: 208 Comments: Roanoke County Fire & Rescue Department (RCFRD), Agency 442 is committed to providing quality fire and EMS services 1 ALS Ladder Truck and 4 BLS fire engines. We answered 14,029 calls for service in 2019. The reason it shows 0 volunteers is because the volunteers are affiliated with different agencies that operate within the county's integrated system. The system showed an error message when I tried to add our 9 Education Coordinators. BLS Calls: 4,305 ALS Calls: 9,122 Calls Unable To Respond: 48 Calls Outside Primary Service Area: 602 Avg Call Time(minutes): 75 Average Round Trip Mileage: 8 Avg Mileage To Nearest Hospital: 4 Square Miles of Service Area: 254 Population of Service Area: 94,000 Total Number of Stations: 13 Comments: RCFRD has mutual aid agreements with all surrounding jurisdictions. We also have automatic aid agreements with the City of Roanoke, Botetourt County and the City of Salem. Statement of Need: Info This Organization has additional ambulances not Iisted:No Page 1 Grant Number: WV -C04106-20 i Agen' y V ip e1 . lrr# srrnati n ]1 Are any vehicles used by other jurisdictions? Yes 84314 684 AMBULANCE Y Vehicle Jurisdiction comments: 1FDUF4HTXHED80237 201712017FORD F-450 TYPE I Ambulance Y Vehicles owned and licensed by RCFRD are available for use by five other EMS agencies within Roanoke County. AMBULANCE Chassis �: MEDIC 1FDAF4HR4AEA92372 2010/2010FORD F-450 Engine Unit# VIN; Bg c Year Make M6del Vehicle Type; Class Permit 4.WD Mileage Haurs MEDIC 1FDAF4HR2AEA92371 2010/2010 FORD F-450 TYPE I Ambulance Y 113391 5477 102 Y- AMBULANCE AMBULANCE MEDIC 1 FDUF4HT bEB58697 201312D OlF I F450 TYPE 1 Ambulance Y 114368 6197 15 --x(--- AMBULANCE AMBULANCE MEDIC 1FDUF4HT6FEA59034 2d14ml41FORD F-450 TYPE I Ambulance Y 8WM 4941 .`i2 _. Y AMBULANCE SUPERDUT AMBULANCE MEDIC 1FDUFJHTOEEB09022 201412014FORD F-450 TYPE I Ambulance Y 103242 4992 91 AMBULANCE_ ;MEDIC 1FDUF4HTXHDA04701 412712Q17FORD F-450 TYPE I Ambulance Y 2 4555 1682 6 AMBULANCE MEDIC 1FDUf 4HT8HDAO4416 201712017FORD F-450 TYPE I Ambulance Y 3955Q 2540 7 AMBULANCE MEDIC 1FIJUF4HTOCEA66783 201212012FORD F-450 TYPE I Ambulance Y 112803 6595 i 81 84314 684 AMBULANCE Y MEDIC 1FDUF4HTXHED80237 201712017FORD F-450 TYPE I Ambulance Y '1 AMBULANCE MEDIC 1FDAF4HR4AEA92372 2010/2010FORD F-450 TYPE I Ambulance Y 4 AMBULANCE MEDIC 1FUF4HT3CEC69604 201212D12FORD F-450 TYRE—1 Ambulance Y- 11 11 AMBULANCE MEDIC 1FDUF4HTOCEC32218 2013/2p13Fokb F-450 TYPE I Ambulance --x(--- 331 AMBULANCE MEDIC 1FDUF4HT6HDA04415 2017/2017 FORD F450 TYPE I Ambulance Y 23 SUPERDUT AMBULANCE MEDIC 1 FDUF T1 BEC16723 2011/2011 FORD 24 MEDIC 1FDUF4HY6KDA23081 2019/2019 FORD 51 MEDIC 1FDUF4HY8KDA27o18 2019120191FQRD 101 MEDIC 92 Engine 3 Ladder 1 WAGO N3 1* F-450 TYPE I Ambulance SUPERDUT AMBULANCE Y F-450 TYPE I Ambulance SUPERDUT AMBULANCE Y F-450 TYPE I Ambulance SUPERDUT AMBULANCE Y 50273 2954 105341 5426 57339 2988 76228 5896 33269 2592 Y 84314 684 5015 Y 259 _Y 181 4892 1FDUF4HY3l<DA24852 201912019F6RD F-450 TYPE I Ambulance Y 5323 217 SUPERDUT AMBULANCE Y 415 C S4VA000224 2D00/ 00PIERCE DASH ENGINE Fire Apparatus N PUMPER 4P1CT0254XA001473 199911999PIERCE LADDER LADDER Fire Apparatus N TRUCK 4PICU0IHXCA012555 201212012PIE IC QUANTUM ENGINE Quick N WAGO 4PICU01HIICAD12556 201212012PlERCE QUANTUM ENGINE N5 WAGO 4PICU01H3CAD2557 201212012PIERCE QUANTUM ENGINE N7 Page 2 Response Vehicle (QRV) Quick N Response Vehicle (QRV) Quick N Response Vehicle QRVj 66973 1724 81001 7526 63622 5417 63189 4$50 52610 4111 Grant Number: WV -C04106-20 1 AgeB�cy Ve�iicl!e ir�farati�r� Jnit# UlN: $ax Year ;Make . Morsel Vehicle Type' Class Perms# 4WD Milbage Wagon 4PIBAAGF7,JA018343 201712017PiERCE VELOCITY ENGfNE Fire Apparatus N 19668 9 Quick N Response _ TANKE 1K9AF64826N058040 200512005KME -ENIGHE ENGINE Quick N 35194 R 9 Response Response Vehicle (QRV) ENGINE Quick N Vehicle {QRV) Response Wagon 54F2DB6W201 10HM11936 712017ROSENBA ENGINE ENGINE Fire Apparatus N 15312 1 UER Wagon 54F2DB617KWM12394 201912019ROSENBA ENGINE ENGINE .. Fire Apparatus N 3179 2 UER Medic 3D6WV6EL7BG631227 2011/2011 DODGE 4500 TYPE I Ambulance Y 8558 22 AMBULANCE MEDIC 3D6WV6ELXBG608072 2011/2011 DODGE 4500 TYPE i Ambulance Y 79695 332 AMBULANCE EMS 2 1GC6KYCG7HZ201778 201712017CHEVROL SILVERADO QUICK Qukk Y 82360 ET RESPONSE Response ENGIN 1K9AF42826N058045 200612006KME Ell 1K9AF42846N058046 200612006KME N10 1 K9AF42896N058043 2006/2006 KME N6 ENGIN 4P1CV0lH3BA011520 201112011Plt CE E5 MEDIC 3D6WV6EL7BG631227 20111 DODGE 4500 TYPE I Ambulance Y 22 AMBULANCE Page 3 79623 1314 2569 X325 179 4593 4766 3907 6746 90866 Vehicle (QRV) PUMPER Quick N 2756 Response 85588 4593 Vehicle (QRV)_ PUMPER Quick N Response Vehicle QRV PUMPER Quick N Response Vehicle (QRV) ENGINE Quick N Response Vehicle (QRV MEDIC 3D6WV6EL7BG631227 20111 DODGE 4500 TYPE I Ambulance Y 22 AMBULANCE Page 3 79623 1314 2569 X325 179 4593 4766 3907 6746 90866 4678 4879 64355 2756 33098 85588 4593 Grant Number: IMI -C04/06-20 Description of Receipts/ Revenue: Current fiscal year shows a large number because we received a federal SAFER grant for additional staffing. Personnel Costs: Operating Costs: Capital Expenses: Total Expenditure: !'_n r'n men#c• Previous_ Fiscal year $12,961,900.00 $1,854,293.00 $143,028.00 $14,959,221.00 Current Fiscal year $13,972,632.00 $1,709,184.00 $292,000.00 $15,973,816.00 Our fee for service revenue directly supports the department's operations. We continue to see a need to increase fire/EMS staffing due to call volume and a decrease in volunteer resources. In the past few years, we have increased staffing to cover shortages. RCFRD also absorbed Vinton Fire & EMS from the Town of Vinton in July 2019. RCFRD now covers the cost of operations for the Vinton station, as well as cost associated with personnel and equipment. As the County continues to fund salaries and overtime to provide EMS service to the citizens, it has also become more important to have RSAF assistance to purchase new equipment. Define Capital Expenditure: The County of Roanoke defines as: a usefull life of two or more years and/or a cost of over $10,000. It includes building renovations, new construction, purchase of fire/EMS apparatus, ALS equipment and electronic EMS reporting system. Amount received from EMS Fee for Service for Last Fiscal Year: $3,491,418.00 Service Fee Charged; Yes Service Fee per Call: $567.00 Cost Recovery: 74.00% Budget Narrative: Page 4 Previous Fiscal year Current Fiscal year Change Donations: $0.00 $0.00 % 26% Return to Locality: $95,540.00 $99,448.00 4% Grants: $669,043.00 $459,881.00 -31% Total Revenue: $764,583.00 $559,329.00 -27% Description of Receipts/ Revenue: Current fiscal year shows a large number because we received a federal SAFER grant for additional staffing. Personnel Costs: Operating Costs: Capital Expenses: Total Expenditure: !'_n r'n men#c• Previous_ Fiscal year $12,961,900.00 $1,854,293.00 $143,028.00 $14,959,221.00 Current Fiscal year $13,972,632.00 $1,709,184.00 $292,000.00 $15,973,816.00 Our fee for service revenue directly supports the department's operations. We continue to see a need to increase fire/EMS staffing due to call volume and a decrease in volunteer resources. In the past few years, we have increased staffing to cover shortages. RCFRD also absorbed Vinton Fire & EMS from the Town of Vinton in July 2019. RCFRD now covers the cost of operations for the Vinton station, as well as cost associated with personnel and equipment. As the County continues to fund salaries and overtime to provide EMS service to the citizens, it has also become more important to have RSAF assistance to purchase new equipment. Define Capital Expenditure: The County of Roanoke defines as: a usefull life of two or more years and/or a cost of over $10,000. It includes building renovations, new construction, purchase of fire/EMS apparatus, ALS equipment and electronic EMS reporting system. Amount received from EMS Fee for Service for Last Fiscal Year: $3,491,418.00 Service Fee Charged; Yes Service Fee per Call: $567.00 Cost Recovery: 74.00% Budget Narrative: Page 4 Grant Number: WV -004106-20 Item Type: ALS Equipment Req. Quantity: 2 Funding Level: 50150 Action Replace Current Quantity: 33 Total Price: $73,413.00 Matching Funds: $36,706.50 State Funds: $36,706.50 Comments: RCFRD is in the ongoing process of upgrading its heart monitor/defibrilators. The new monitors are placed on EMS transport ambulances and the older monitors are rotated to non -transport apparatus. Our oldest monitors are then surplussed. The new monitors are purchased with EKG transmission capabilities. This process has been ongoing over the past several years. Brief Project Description: The purchase of new heart monitor/defibrillators is ongoing. As technology has changed RCFRD has purchased new 12 lead heart monitors that are capable of transmitting EKG's to the hospital. Project /Equipment Sustainability: Our heart monitors and defibrillators are serviced annually. RCFRD also has purchased and maintains wifi service on all ambulances equipped with heart monitors to have the ability to transmit EKG's to the local hospitals. Funding for the service and wifi are provided by the County of Roanoke through our yearly operations budget, F990085433/County W9 2020.pdf - IRS Letter 19901 W9 Virginia W9 55.75 KB Authorized Agent First Name: DON Last Name: ALTICE Phone#: (540)777-8726 Email: DALTICE@ ROAN OKECOUNTYVA.GOV Signature: Don Altice Finacial Officer First Name: Jennifer Last Name: Sexton Phone#: (540)777-8701 Email: J SEXTON@ ROANOKE CO U NTYVA.GOV Signature: Jennifer C Sexton _...._.....---- MOA First Name: DON Last Name: ALTICE Phone#: (540)777-8726 Email: DALTICE@ROANOKECOUNTYVA.GOV Signature: Don Altice perational Medical Director First Name: HAYLEY Last Name: ROSE-INMAN Phone#: (540)293-5015 Email: HHROSE@GMAIL.COM Signature: Hayley Rose -Inman Page 5 Formw.9 Request for Taxpayer Identification Commonwealth of Virginia Subsec9 rNumber and. Certificatin Reviseded Deceembeer g 20'i7 �] Social Security Number (SSN) Please select the appropriate Taxpayer Identification Number;(EIN or 5SN) type and. enter your 9 digit ID number. The E1N or SSN provided mast match the name given 0 Employer Identification Number (EIN) on the "legal -Name" line to -avoid backup withholding. If you do not have a Tax ID number, please reference "Specific instructions -Section 1." If the account Is in more s';'• 5 4 6 0 0 1 5 7 2 than one name, provide the name of the individual who is recognized with the IRS as -.t — — — — — -- — — -- the responsible party. Exemptions (see Instructions) • Exempt payee code (if any): (from backup withholding) Exemption from FATCA reporting code (if any): 'City.,Roa n ke State: VA Zip Code: 240'i Alternate Phone: i Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or kam.walting for a number to be issued to me), and >0 2.1 am not subject to backup withholding because: (a) I am exempt from backup wlthholding, or (b)1 have not been notified by the Internal Revenue ++ Service (IRS) that I am subject to backup withholding as a result of a failure to report Al interest or dividends, or c) the IRS has notified me that I am no longer subject to backup withholding, and T. 3. 1 am a U.S. citizen or other U.S. person (defined later In general Instructions), and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. i %i Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secur6d property, cancellation of debt, contributions to an Individual ,. retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but, you must provide your correct TIN. See Instructions titled Certification Name:.windy Kakourra,,,,s ed U.S. Signature: t( fZ het Date: 01/08/2020 ■m Dunn & Bradstreet Universal Numbering System ipUN61 (see Instructions) Legal Name: County of Roanoke Business Name: County of Roanoke — -- "-- -- — `— "� --- -- Entity Type Entity Classification r' © Individual 13 Corporation © professional Services F9 Medical Services ' u. ©Sole Proprietorship PS -Corporation @political Subdivision Legal Services sc . '."Partnership QCCorporation© Real lstateAgent �JolntVenture 0 Trust Disregarded Entity VA Local Government Tax Exempt organization .`;K ' m t F- Estate ©limited Liability Company Federal GovernmentOTN Government �'. ®Government ©Partnership F01 VA State Agency Other ®Nan -Profit Corporation Contact information '-Legal Address: 5204 Bernard Drive Name: Cindy Kakouras Email Address: ckakouras@roanokec 'i Business Phone: 540 28M133 s' city: Roanoke State : VA Zip Code: 2401$ Remittance Address. P 0 BOX 29500 Fax Number: 5.40. 772-2186 Mobile Phone: Exemptions (see Instructions) • Exempt payee code (if any): (from backup withholding) Exemption from FATCA reporting code (if any): 'City.,Roa n ke State: VA Zip Code: 240'i Alternate Phone: i Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or kam.walting for a number to be issued to me), and >0 2.1 am not subject to backup withholding because: (a) I am exempt from backup wlthholding, or (b)1 have not been notified by the Internal Revenue ++ Service (IRS) that I am subject to backup withholding as a result of a failure to report Al interest or dividends, or c) the IRS has notified me that I am no longer subject to backup withholding, and T. 3. 1 am a U.S. citizen or other U.S. person (defined later In general Instructions), and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. i %i Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secur6d property, cancellation of debt, contributions to an Individual ,. retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but, you must provide your correct TIN. See Instructions titled Certification Name:.windy Kakourra,,,,s ed U.S. Signature: t( fZ het Date: 01/08/2020 ■m Quote !Number: 10150158 Version: 1 Prepared For: ROANOKE COUNTY PUBLIC SAFETY CTR Attn: Quote Date: 03/01/2020 Expiration Date: 05/30/2020 Delivery Address Name: ROANOKE COUNTY PUBLIC SAFETY CTR Account #: 1291849 Address. 5925 COVE RD ROANOKE Virginia 24019-2403 Remit to Rep: Email: Phone Number: End User - Shipping - Billing Name: ROANOKE COUNTY PUBLIC SAFETY CTR _ .---... .... ... ,......... ... ._.___, u ...... _------- Account #: _._.Account#: 1291849 Address: 5925 COVE RD ROANOKE .......................... y.._. ... .......... ___..._....._..... Virginia 24019-2403 P.O. Box 93308 Chicago, IL 60673-3308 Jared Klajnbart jared.klajnbart@strykercom Bill To Account Name: ROANOKE COUNTY PUBLIC SAFETY CTR Account #: 1291849 Address: 5925 COVE RD ROANOKE Virginia 24019-2403 Equipment Products: i� 1.0 99577-001957 LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending, 2 $30,415.20 $60,830.40 Noninvasive Pacing, Sp02, SpCO, NIBP, 12 -Lead ECG, EtCO2, BT. 2,0 41577-000288 Ship Kit QUIK-COMBO Therapy Cable; 2 rolls100mm Paper; RC -4, Patient Cable, 4ft.; NIBP Hose, 2 $0.00 $0.00 Coiled; NIBP Cuff, Reusable, adult; 12 -Lead ECG Cable, 4 -Wire Limb Leads, 5ft; 12 -Lead ECG Cable, 6 -Wire Precordial attachment 3.o 11140-000098 LPIS AC Power Adapter (power cord not included) 2 $1,720.00 $3,440.00 4.0 11140-000015 AC power cord 4 $68.85 $275.40 5.0 21330-001176 LP 15 Lithium -ion Battery 5.7 amp hrs 8 $398.65 $3,189.20 6,o 11140-000080 Extension Cable (5ft 3 in) 2 $257.55 $515.10 7.0 11141-000115 REDI-CHARGE Base (power cord not included) 2 $1,292.00 $2,584.00 8.0 _ ___. 11140-000052 _. . .... ,..,.. _ LP15 REDI-CHARGE Adapter Tray 1.., 2 $175.10 $350.20 9.0 111.71-000049 _..,.... . m_ _,. MasimoTmRainbow'"^ DCI Adult Reusable Sp02, 5 CO, SpMet Sensor, 3 IT For use with RC Patient Cable. _......._._. _. 2 $544.00 .. $1,088.00 10.0 21300-008159 .......... .... LIFEPAK 15 NI13P Straight Hose, 6' .._.______..._..._..-- ---- _--- _.11 2 $73.00 $146.00 11.0 0 11160-000011 NIBP Cuff -Reusable, Infant 2 $17.85 $35.70 12 0 ...... 11160-000013 NIBP Cuff -Reusable, Child 2 $20.40 $40.80 13.0 11160 000017 _, .. .......... _.,. NIBP Cuf -Reusable Cuff Large Adult _ ..._._.,.. _._..._ . 2 $28.05 $56.10 14,0 11160-000019 ....__... -------- ........ NIBP Cuff -Reusable, Adult X Large _ ----- _..._ .., _.___,-...__.__,._ ._._....._....,._._ 2 _.. $40.80 .._. _.. $81.60 15.0 11577-000002 . _.._ .__ _,. .- LIFEPAK 15 Basic carry case w/right & left pouches; _.._,.. _., _ . _.._.., 2 _ .._ ..... $272.00 _ ....... $544.00 shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEPAK 15 device 1 S€ryker Medical - Accounts Receivable - accountsreceivab]eCa stryker.,com - PO BOX 93308 - Chicago, IL 60673-3308 R AF L 1 v4 Quote Quote.Number: 10150158 _ Remit to: ..P.O. Box 9330$ Version: 1 Chicago, IL 60673-3308 Prepared For: ROANOKE COUNTY PUBLIC SAFETY CTR Rep: Jared Klajnbart Attn: Email: jared.klajnbart@stryker,com Phone Number: Quote Date: 03/01/2020 Expiration Date: 05/30/2020 wMa 16.0 11220-000028 LIFEPAK 15 Carry case top pouch 2 $48.45I WE MME -11- $96.90 _... ... . 17,0 11260-000039 LIFEPAK 15 Carry case back pouch 2 $69.70 $139.40 Equipment Total: $73,412.80 Price Totals: Estimated Sales Tax (0.000%): $0.00 __-_.-..m.. ........ ,.._...... . _.._.._.................. Freight/Shipping: $0.00 Grand Total: $73,412.80 Prices: In effect for 60 days. Terms Net 30 Days Ask your Stryker Sales Rep about our flexible financing options. AUTHORIZED CUSTOMER SIGNATURE 2 Stryker Medical - Accounts Receivable - accountsreceivable a,str ker.com - PO BOX 93309 - Chicago, IL 60673-3308 Deal Consummation: This is a quote and not a'com mitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. Terms: Net 30 days. FOB origin. A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1 -800 -Stryker. In the event of any conflict between Stryker Medical's Standard Terms and Conditions and any other terms and conditions, as may be included in any purchase order or purchase contract, Stryker's terms and conditions shall govern. Cancellation and Return Policy: in the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation, Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. 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: August 25, 2020 Request approving the donation of five (5) Fire and Rescue thermal imaging cameras to Craig County SUBMITTED BY: Stephen G. Simon Chief of Fire and Rescue APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Roanoke County Fire and Rescue proposes to donate five (5) older, surplus thermal imaging cameras to Craig County, with whom the County has a mutual aid agreement. BACKGROUND: Roanoke County has a mutual aid agreement with Craig County and responds to their requests for assistance. They have requested the County donate some of our thermal imaging cameras we plan to surplus as outlined in the attached letter. DISCUSSION: Roanoke County Fire and Rescue has a number of older model, thermal imaging cameras that were replaced recently with five state-of-the-art cameras. The department has evaluated which of the cameras being replaced are in the best condition to donate to Craig County. By receiving these cameras from Roanoke County, Craig County's units will be better equipped to provide fire suppression and rescue services. FISCAL IMPACT: The estimated value of the five thermal imaging cameras is a total of $4,500. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the donation of five thermal imaging cameras to Craig County. Page 2 of 2 JESSE SPENCE, CHAIR NEWCASTLE DISTRICT RUSTY ZIMMERMAN, MEMBER CRAIG CITY DISTRICT LINDSEY DUNNE, MEMBER CRAIG CREEK DISTRICT COUNTY OF CRAIG P.O. Box 308 New Castle, Virginia 24127 540-864-5010 Phone April 30, 2020 Steve Simmon, Chief Roanoke County Fire and Rescue 5925 Cove Road Roanoke, VA 24019 Subject: Thermal Imaging Cameras. Chief Simmon, CARL BAILEY, VICE CHAIR POTTS MOUNTAIN DISTRICT KATHI TOELKE, MEMBER SIMMONSVILLE DISTRICT R.R. DAN COLLINS COUNTY ADMINISTRATOR It has been brought to my attention that Roanoke County Fire and Rescue has acquired new thermal imaging cameras and will surplus some of your existing cameras. Craig County has five volunteer fire departments and only two of those have thermal imaging cameras. We both know what the value of thermal imaging cameras provide to both citizens in a burning structure and our first responders attempting to make those rescues or extinguish that fire. Financial limitations have prevented our agencies and the County of Craig from being able to purchase cameras for all of our departments. I am requesting that Roanoke County consider gifting at least three cameras to Craig County to allow us to provide quicker and safer rescues and extinguishment of fire emergencies in our jurisdiction. Thank you for your consideration on this matter. Respectfully, C C—t Jim Cady SR Emergency Services/ Emergency Management Coordinator County Administrator O M O Ln N 01 lD M O N Ol M L. O M N � 00 OJ v O O '0 Ln O O f6� O O m C O V Vi- Vi- � o O O • O C o � N r -I OJ � O Ln 00 Ln 00 f0 OJ 'i V N M N M Q. a O LO M LO M CL m N N CL co C O N M o N N 0 O m N Q0 U O U C l6 C � � � N 0. O N � � � O M � � 7 C c -I cV N O O' p N N vl �0 N O N L Lf) N O v tf O �i 0 do v Q v0 y � y L Q CL a, V m C Q Q i0 Q Q Co COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows $ 176,726,541 $ - Outstanding Deletions August 25, 2020 - $ 948,122 8,546,276 74,515,490 - 81,000,000 8,546,276 156,463,612 - 11,716,653 $ 8,546,276 $ 168,180,265 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. O'Donnell County Administrator Unaudited Outstanding June 30, 2020 Additions General Obligation Bonds $ 948,122 $ - ; VPSA School Bonds 83,061,766 - Lease Revenue Bonds 81,000,000 - _ Subtotal 165,009,888 - Premiums 11,716,653 - $ 176,726,541 $ - Outstanding Deletions August 25, 2020 - $ 948,122 8,546,276 74,515,490 - 81,000,000 8,546,276 156,463,612 - 11,716,653 $ 8,546,276 $ 168,180,265 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. 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M W O Lf N O Ln 00 M O W O O N Cp P N O 1q _ O N W Cl) M CO P 00 N LO 00 LO CO (0 co Nr Cl ® V d W M LO N V P M W rp ® r p) p) 7 N V r P N W C) V m N C O .6 N cc W W U n 0- O_ li0 @ 2 W U7 C a) 7 O a O @ N V U _0 c U co N n m = a _ o 0> m O > O O a) O Cl p= @ -a T >, C C m N a) 2 0 pW>O a) a)p 7 c a N W U 2 >0 O m OW C N D aO F to OW W i 2 Ir C 'C @ N E O ] 9 C T O @ U @ O a) U -p O CLO a) ® C 7 O C 7 w F V) d) O C C O_ a) O 0: N 7 RL pn IL J 0 a d 0 O W C 0 d W o 2 X F LO m m W D C z F O 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 25, 2020 Accounts Paid - July 2020 Laurie L. Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 17,239,137.31 Payroll 07/10/20 1,354,142.10 8,984.60 1,363,126.70 Payroll 07/24/20 1,484,384.57 40,109.48 1,524,494.05 Manual Checks - 2,470.52 2,470.52 Grand Total $ 20,129,228.58 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 25, 2020 Work session with the Board of Supervisors to receive Freedom of Information Act (FOIA) training Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator This time has been set aside to provide Freedom of Information Act (FOIA) training. 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L— O MIF L.- 0 O 541 nV) W a Q E 0 Al i u1 � Co � � O L CCQ Cc G.1 G.1 c6 a o 0 LL cc tppo C c6 c6 +� o o .� ca cn ' 70 c6 cc O • • • • p � z 0 • Al 00 U Q U U .� o'? E u - N N - >- c.0O N N O J 4� o o o 4 -J 0 ° o =3 U �.J V � C Q Q U � • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1 ACTION NO. ITEM NO. M.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 25, 2020 The petition of MCE Owner Occupied, LLP to obtain a special use permit in a C-1 (Low Intensity Commercial) District to allow a multi -family use to account for more than 50 percent of the gross floor area on the site on approximately 1.116 acres, located at 3220 McVitty Road, Windsor Hills Magisterial District Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator Agenda item for public hearing and second reading of ordinance for a special use permit to allow a multi -family use to account for more than 50 percent of the gross floor area on site in a commercial district. BACKGROUND: A multi -family dwelling is a permitted use in the C-1 (Low Intensity Commercial) District subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. One of the Use and Design Standards for the C-1 District states that the multi- family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi -family use accounts for more than fifty (50) percent of the gross floor area on the site. Since the proposed multi -family use for this site is more than 50 percent of the gross floor area on the site, a special use permit is required. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Page 1 of 3 Designation of this parcel is "Neighborhood Conservation". "Neighborhood Conservation" is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development is encouraged. While the proposed project is not consistent with the "Neighborhood Conservation" future land use designation, it is consistent with the abutting future land use designations of "Transition" and "Development". DISCUSSION: The Planning Commission held a public hearing on this request on August 4, 2020. A total of two people provided comments on this application (two written comments received prior to the public hearing; one person who provided comments was also present during the public hearing and discussed their comments). Their comments/concerns dealt with traffic concerns related to speeding, recent accidents, and the damage to the stop sign at McVitty Road and Old Cave Spring Road. There was a request to delay the project until after improvements to McVitty Road were completed. The Planning Commission discussed with the applicant the construction timeline, screening and buffering, McVitty Road construction project, the site topography, traffic comparison of a daycare center versus 16 apartments, the adaptive reuse of the property, and the need for apartments in this part of the County. The Planning Commission recommends approval of the special use permit request with five (5) conditions: The site shall be developed in substantial conformance with the "Concept Site Plan" prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the site plan review process. 2. The site shall be developed in general conformance with the existing building proposed renovations - Phase 1 and 2, Exhibits B and E, prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the commercial building plan review process. 3. The proposed freestanding sign shall be developed in substantial conformance with the McVitty Commons Signage, Exhibit D, dated June 11, 2020. The freestanding sign shall only be lit from the ground and shall not cause glare on adjoining properties or roads. There shall be no neon signage or electronic message boards on the property. 4. The maximum number of apartments shall be limited to 16. Page 2 of 3 5. Free standing light poles, including lighting fixtures, shall not be more than 18 feet above grade. All exterior lights shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the petition for a special permit to allow a multi -family use to account for more than 50 percent of the gross floor area on the site with the five conditions recommended by the Planning Commission. Page 3 of 3 STAFF REPORT Petitioner: MCE Owner Occupied, LLP Request: Obtain a special use permit in a C-1, Low Intensity Commercial, District to allow a multi -family use to account for more than 50 percent of the gross floor area on the site, on approximately 1.116 acres Location: 3220 McVitty Road Magisterial District: Windsor Hills Suggested 1. The site shall be developed in substantial conformance with the "Concept Site Conditions: Plan" prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the site plan review process. 2. The site shall be developed in general conformance with the existing building proposed renovations - Phase 1 and 2, Exhibits B and E, prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the commercial building plan review process. 3. The proposed freestanding sign shall be developed in substantial conformance with the McVitty Commons Signage, Exhibit D, dated June 11, 2020. The freestanding sign shall only be lit from the ground and shall not cause glare on adjoining properties or roads. There shall be no neon signage or electronic message boards on the property. 4. The maximum number of apartments shall be limited to 16. 5. Free standing light poles, including lighting fixtures, shall not be more than 18 feet above grade. All exterior lights shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. EXECUTIVE SUMMARY: VICE Owner Occupied, LLP is requesting a special use permit in a C-1, Low Intensity Commercial, District to allow a multi -family use to account for more than 50 percent of the gross floor area on the site on approximately 1. 116 acres. A total of sixteen (16) apartments are proposed for the site. Eight (8) apartments would be constructed in the existing building, and an additional eight (8) apartments would be constructed in a new building proposed in a future phase. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. While the proposed project is not consistent with the Neighborhood Conservation future land use designation, it is consistent with the abutting future land use designations of Transition and Development. 1. APPLICABLE REGULATIONS A multi -family dwelling is a permitted use in the C-1, Low Intensity Commercial District, subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. The standards for a multi -family dwelling are attached to the staff report. Development of the site would require comprehensive site plan review(s) and building permit review(s). ANALYSIS OF EXISTING CONDITIONS Background — The existing building located at 3220 McVitty Road is currently vacant. The property previously served as a child day care center with an authorized occupancy of up to 150 children. Topography/Vegetation — The property is elevated off of McVitty Road, and the elevation continues to increase towards the back of the property where houses on Rasmont Road adjoin it. The property rises approximately 50 feet in elevation from the lowest point on McVitty Road to the highest point along the back property line which adjoins 3271 Rasmont Road. Mud Lick Creek runs along McVitty Road across from this parcel. This parcel is not in the floodway or floodplain. The parcel currently has wooded areas and vegetation along all property lines excluding the paved entrance in the south east corner of the parcel. Surrounding Neighborhood — The subject parcel is surrounded by R-1, Low Density Residential, zoning to the north and west; C-1, Low Intensity Commercial, and C-2, High Intensity Commercial, to the east; and the VDOT right-of-way, which is approximately 200 feet wide, to the south. Additionally, Cedar Ridge Apartments and Cedar Point Apartments are to the east and north east of this property and zoned R-4, High Density Multi -Family Residential. McVitty Forest Condominiums are located to the north and zoned R -3C, Medium Density Multi -Family Residential with Conditions. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — The provided concept site plan shows proposed construction on the site for two phases. Phase 1 construction would consist of converting the existing building into a multi -family apartment building containing 8 apartments. The building would contain two 2 -bedroom apartments (approximately 750 square feet each) and two 1 -bedroom apartments (approximately 630 square feet each) on each floor. The existing footprint of the building would not be modified. Exterior finishes would include new windows, ADA entrance at rear of building, exterior lighting, painting, parking lot restripe, and exterior signage. Phase 2 construction would consist of a new two-story building on the site. Designed to be complimentary to the existing building, it would also contain a total of 8 apartments. The applicant anticipates that all apartments in this building would be 2 -bedroom units with four apartments on each floor. Renderings of the concept site plan, buildings, and floor layouts are provided in the application. Access/Traffic Circulation — The site currently has one point of access on McVitty Road. No modifications are proposed at this time. Screening & Buffering — A Type B buffer is required where the existing parcel zoned C-1 adjoins a parcel zoned R-1. Option 1 consists of a 30' buffer; for every 100' consisting of: one row of large evergreen trees (5), one row of large evergreen shrubs (16-18), and one row of large deciduous shrubs (22-24). Option 2 consists of a 20' buffer; for every 100' consisting of: one row of large deciduous trees (4), one row of large evergreen shrubs (16-18), and 6' screening. 2 Screening and buffering standards would be reviewed for conformance during the site plan review process. Agencies Comments: The following agencies provided comments on this application: Office of Building Safety — The Office of Building Safety states that the current structure will need to undergo a building code change of use/ occupancy. Also, any new construction on site will need to meet the requirements of the applicable Virginia Construction Code and related codes. Roanoke County Transportation — No comments Economic Development — Economic Development supports the Special Use permit request by MCE to redevelop a vacant and underutilized commercial property on McVitty Road into multi -family housing. The proposed project supports the County's goal of providing a diversity of new housing options, retains the commercial zoning designation and is compatible with adjacent land uses. Fire and Rescue — This project will not increase the services provided by Fire and Rescue. However, fire flow and access requirements will need to be met for the change of use and new building. Solid Waste — There will be no impact on solid waste as these type units will require a private dumpster service. Western Virginia Water Authority — This project will require a review of existing water and sewer needs for new development including fixture counts. It will also require new water and sewer connections. Additional fees may be required with this redevelopment. Stormwater — There are no floodplain concerns. VDOT — A Land Use Permit will be required if a new entrance is needed from the right-of-way or for a change in the existing entrance. The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met. VDOT may require a Traffic Impact Analysis during the development review phase to determine how traffic generated from this development will affect traffic on McVitty Road. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Suitable use types include attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re -development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. The proposed multi -family residential use is not consistent with the neighborhood conservation future land use designation. Two other future land use designations — Transition and Development - are adjacent to this parcel. Transition is a future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. Multifamily residential is an appropriate use in the Transition future land use designation. Development is a future land use area where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. Multi -family residential is an appropriate use in the Development future land use designation. STAFF CONCLUSIONS MCE Owner Occupied, LLP is requesting a special use permit in a C-1, Low Intensity Commercial, District to allow a multi -family use (16 apartments) to account for more than 50 percent of the gross floor area on the site on approximately 1.116 acres. While the proposed project is not consistent with the Neighborhood Conservation future land use designation, it is consistent with the Transition future land use designation and the Development future land use designation which are adjacent to this site. When reviewing a special use permit adverse impacts shall be considered as well as the design, scale, use and operation of any proposed use and how well the proposed use conforms to the County's Comprehensive Plan as well as the purposes of the Zoning Ordinance. If the Planning Commission recommends approval of the proposed project, staff has suggested several conditions for the special use permit dealing with concept plan conformance, proposed floor plan conformance, signage conformance, limiting the number of units and exterior lighting restrictions should be considered. CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: # 4-812020 Alyssa Dunbar PC: August 4, 2020 Application Materials Aerial Map Zoning Map Future Land Use Map BOS: August 25, 2020 Photographs C-1 Zoning District Regulations Multi -family Dwelling Use and Design Standards Neighborhood Conservation Future Land Use Designation Transition Future Land Use Designation Development Future Land Use Designation 4 County of Roanoke Ro N Community Development Planning & Zoning Y, 0 z J 1, 5204 Bernard Drive '8a P 0 Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 �-RZ -.7d65 on z, For Staff Use Only Date received: r Received by: Applica 'on fee: PUB A dat Placards issued: BOA date: Case Number ALL APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning N Special Use 17 Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address whip Phone: (540) 344-0040 MCE Owner Occupied, LLP Work: 418 First Street, S.W. Cell #: Roanoke, VA 24011 Fax No.: _ (540) 339-9347 Owner's name/address w/zip Phone #: Work: SAME AS APPLICANT Fax No. #: Property Location Magisterial District: Windsor Hills 3220 McVitty Road Roanoke, VA Community Planning area: Windsor Hills Tax Map No.: 076.20-01-12.00-0000 Existing Zoning: C-] Size of parcel(s): Acres: 1.116 Existing Land Use: Former daycare center; building now vacant REZONING, SPECIAL USE PERMIT, WAI VER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: C-1 and sewer application Proposed Land Use: N ,,] famti-familily SUP permitting 100% of existing building plus 100% of future Phase 2 building for Adjoining property owners muluse_with or the o LsPagent or contract Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes x No _ IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes R No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes -1 No _ VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (WW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning O 1 cc in or rt Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordin JUN 12 2029 Appeal of Interpretation of Zoning Map to Is the appllcatlan complete? Please check 1f enclosed. APPLICATION WILL NOT BEA E ITEMS ARE MISSING OR INCOMPLETE. �� R/SIWICP V/AA R/SIW/CP V/AA R/S/W/CP V/AA i�0-* Consultation 8 1/2" x 1 V concept plan Application Application E�iWater Metes and bounds descriptionEj� Proffers, if applicable Justification and sewer application Adjoining property owners I hereby certify that I am either the owner f c too or the o LsPagent or contract purchaser and am acting with the knowledge and consent f the owner. By: Owner's Signature John Cr. Mc e d, Man - king Partner 2 GLENN FELDMANN GLENN FELDMANN DARBY&GOODLATTE June 12, 2020 HAND DELIVERED Mr. Philip Thompson Roanoke County Planning & Zoning 5204 Bernard Drive, 2„d Floor Roanoke, Virginia 24018 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail nistooc€latte(iZelesiii%ldniami.com Re: Application for Special Use Permit: MCE Owner Occupied, LLP Tax Map Parcel: 076.20-01-12.00-0000 Property Address: 3220 McVitty Road Dear Philip: Enclosed please find the following in connection with the above -referenced application: 1. Special Use Permit Application with its exhibits; 2. Concept Plan; 3. List of adjoining property owners; and 4. Our firm's check in the amount of $154.50 ($150.00 filing fee; $4.50 technology fee). We represent the applicant in connection with this Application. Please let me know what additional information we can provide you as the County reviews this request. Very truly yours, Maryellen F. Goodlatte MFG:1nn:8308001 Enclosures c: MCE Owner Occupied, LLP (w/enc.) BY ELECTRONIC MAIL 37 Campbell Avenue S.W. I P.O. Box 2887 (24001) I Roanoke, Virginia 24011 , mArN 540 224 8000 l FAX 540 224 8050 I www.glennfeldmann.com Tr 111 MERITAS" LAW HRMS Yva Wlbp dYJS I IFYCATION QR REZONINQ,P1;GIA1r C1S1J P ,+ Rh)<I�T WAIVER QR .QMI' PT�AN (is 2 2232} REVIhiW Applicant MCE Owner Occupied, LLP 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. SEE ATTACHED SHEET. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. SEE ATTACHED SHEET. 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. SEE ATTACHED SHEET. JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PIAN (15.2-2332) REVIEW RE, QUESTS Applicant: MCF, Qwner Occupied, LLP 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, The property at 3220 McVitty Road was last used as a child day care center with an authorized occupancy of up to 150 children. For over a year, the building has been vacant and the target of vandals, as illustrated on the photographs attached as Exhibits A-1 through AT3 (altered to obscure obscenities). The 1.1 acre parcel is zoned C-1. Its immediate McVitty Road adjoiners are commercial properties (zoned C-2) on one side, and residue acreage owned by the Commonwealth (zoned R-1) on the other side. Adjoining the subject parcel on the rear are lots fronting on Rasmont Road, zoned R-1. A significant grade differential (approximately 30 feet) exists between the rear of the subject property and the Rasmont Road parcels. As Phase 1 of the property's redevelopment, the applicant wishes to convert the existing building on the property from its current use as a child day care center to a multi -family apartment building containing 8 apartments. As illustrated on the floor plan attached as Exhibit B, two 2 -bedroom apartments (approximately 750 sf each) and two 1 -bedroom apartments (approximately 630 sf each) would be located on each floor. Except for adding new windows, an ADA entrance at the rear of the building, new exterior lights, and painting, the exterior of the existing building will remain substantially the same. Its footprint will not be enlarged. Exhibit C depicts the front elevation of the renovated building. Interior improvements will include new stairs and the addition of a second interior floor on each side of the existing middle two-story element. The existing paved parking lot would be restriped. The existing entrance would be retained. The scale and approximate location of signage for the development is shown on the illustration attached as Exhibit D. Phase 1 renovation costs are estimated at $350,000. If a special use permit is issued, work is expected to commence promptly. Phase 2 of the redevelopment would see a new two-story building constructed on the property, as located and shown on the concept plan. Like the first building, it would contain a total of 8 apartments, with four apartments on each floor. It is anticipated that all of the apartments in the Phase 2 building would be 2 -bedroom units, as illustrated on the floor plan attached as Exhibit E, A parking lot would be constructed to serve the Phase 2 building as shown on the concept plan. The architectural style of the Phase 2 building would complement the .Phase 1 building, but its exterior materials would not consist of block (as is the case with the Phase 1 building), but likely some combination of brick, hardie plank, and 1 vinyl siding. The existing entrance from McVitty Road would serve the Phase 2 building. The development of the Phase 2 building would commence after the Phase 1 building has been converted and leased. The apartments would be leased at market rates. While multi -family dwellings are permitted by right in the C-1 zoning district, that use is limited to no more than fifty (50%) percent of the gross floor area unless a special use permit is issued. The applicant is requesting the issuance of a special use permit allowing 100% of the gross floor area in both the Phase 1 and Phase 2 buildings to be developed for multi- family use. Given the continued demand for multi -family residences, the development of this small-scale complex furthers the purposes of the Roanoke County Ordinance by providing attractive and efficient uses serving both the immediate community and county -wide needs. It also permits the redevelopment of a vacant building which has been the target of vandals, and the return of the property upon which it sits to a productive economic use. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Encouraging the redevelopment of currently unproductive property is an important element of the County's Community Plan, The Plan encourages such redevelopment to be compatible with adjacent land uses. Such is the case here, Although the future land use of the property is designated as neighborhood conservation, its immediate developed adjoiners along McVitty Road are designated as transition land uses. This proposed small- scale multi -family development provides a step-down in intensity from the C-2 adjoiners along McVitty Road and also represents a step-down in intensity from the previous child day care use. The 1.1 acres which is the subject of this application was never developed as single-family residential. In fact, single-family residential is absent in this stretch of McVitty Road. Single-family residential adjoiners along the rear of the parcel are provided a natural and substantial topographical buffer from the subject property. And all those residential adjoiners access their properties from Rasmont Road, not McVitty Road. 01 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, road, schools, parks/recreation and fire and rescue. No negative impacts are anticipated. To the contrary, returning the property to active and productive use will discourage the vandalism evident in the photographs, Compared to traffic generated by a child day care use, the potential traffic impact from up to 16 apartments will be less. 3 i®rv, /mm KA 'C H EAV A660CIATES 1°--Wtects, J)eslgners. Constructlori Managers -a- j u r �r 4x m _ �wK to I, �f L. orpr-, V16,1111 r �i RAY" CRAIGI-MAD, ARCMTRCT • 3536 BRAMBLUTON A3IEMl?, S.W. - ROANOKV, VA240N - (540) 7745326 EXHIBIT B KA - -'C 'HEAP lixchitecLS. i7es€finers CopsiMMOR Mmagers 6121F. yin RAYCIRMOTBRO, ARCkFLTBG£= 3536 9MLE UNAVEMM, 5.71 =ItOfNQr,U, VA24418 , 7154037174-5326 EXHIBIT C Project Notes comm.#gid Project: IWII ary (.t7llil-7' � �6'�- EXHIBIT D VA'GHEAD 4 ASSOCIATES Aml tWvts Dw2gnere. Cnustmct3oa MaWagers RAST CAAIQ�AD, AIiQMC'fa 3536 D AMBLBTON &MUk3, S.W. , R0A-&0KR VA 2AG18 , (544) 774-5326 EXHIBIT E 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 A PPLICA NTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. MCE OW CUPIED, LP By: G' June 12, 2020 Signature o app 'cant John G. eLeod, Managing Partner Date µGAN � F Community Development A Planning & zoning Division reg POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDDT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses; • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including; financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • when required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date; April 19, 2005 7 pOAlya� F Community Development z Planning & Zoning Division o f NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Nate: 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 1-9,2005 MCE Owner Occupied, LLP Name of Petition PqEZ!5��l Petit,? er's Signat4re John G. McLeod, Managing Partner June 12, 2020 Date AH M AmlUteCts, Aesigners, Gansu' rUon Managers JL—1 , 17 . CONCEPT SITE PLAN FOR MCE OWNER OCCUPIED, LLP 3220 McVITTY ROAD r �J� IAO Tax 4 076.20-01-12,00-0000 1" = 40' rvkA-% RAV M -4101 -MAD, ARCHMECT • 3536 B AIABLETON AVENU1% SM • ROANOI{E, VA.2401 a • (54th) 774-5326 ADJOINING PROPERTY OWNERS OF MCE OWNER OCCUPIED, LLP TAX MAP PARCEL 076.20-01-12.00-0000 (ROANOKE COUNTY) TAX MAP N0. OWNERS /ADDRESS ZONING 076.20-01-10.00-0000 Commonwealth of Virginia no address on Roanoke Count GIS R1 076.20-01-10.01-0000 J. Jesus B. Arellano P. 0. Box 3 Daleville, Vir inia 24083 R1 076.20-01-09.00-0000 Kathryn B..(Tod) Conway 4727 Barclay Square, S.W. Roanoke, Virginia 24018 R1 076.20-01-08.00-0000 Thomas Alfred Miles 3279 Rasmont Road Roanoke, Vir inia 24018 R1 076.20-01-07.00-0000 James Little Jennifer Little 3285 Rasmont Road Roanoke, Virginia 24018 R1 076.20-01-13.00-0000 No owner listed on Roanoke County GIS website C2 C1 "076.20-04-22.00-0000 William L. Proffitt, Jr. Linda H. Proffitt 5059 Cave Spring Lane, S.W. Roanoke, Virginia 24018 R1 *076.20-04-21.00-0000 Carl C. Rosen, Jr. Susan G. Rosen 5053 Cave Spring Lane, S.W. Roanoke, Vir inia 24018 R1 `076.20-04-20.00-0000 William T. Stack Rosina Z. Stack 5047 Cave Spring Lane, S.W. Roanoke, Vir inia 24018 R1 `076.20-04-19.00-0000 Damon S. Daniels R1 Ramona M. Daniels 5039 Cave Spring Lane, S.W. Roanoke Vir inia 24018 076.20-04-15.00-0000 Roger L. Baumgardner R1 Carol S. Baumgardner 4903 Cave Spring Circle, S.W. Roanoke, Virginia 24018 *076.20-04-02.00-0000 Lanphear Family Trust Agreement R1 Judy A. 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J .. � � _ � Y ;� :i �,.. e '. 3 � f c:.: �'e � �.v�.,a, -.. �� � ^� f c:.: �'e '� e d �� � ���� �:t, . r A� .. 1 , �� .t.. � �t,. "'v' � � tit. . amu` I, ,y :-, � � t9:�""'���a�i,.� i Ad ko 7171 �, c, A N � � �l r s r y "�� t �.� � Sll � �} �9 w �f'k. F✓� ` � f T 5, r 1 � 1 � C-1 District Regulations SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT. See. 30-53-1. Purpose. (A) The purpose of the C-1 low intensity commercial district is to provide for the development of attractive and efficient office and commercial uses in the urban service area which serve both community and county -wide needs. The C-1 district allows for varying intensities of office and commercial development as part of either a planned office complex or, to a limited degree, small scale office and commercial uses. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C-1 district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development standards are intended to ensure compatibility with adjacent land uses. (Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-53-2. 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. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi -family Dwelling * Two-family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Guidance Services Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office 4. Commercial Uses Agricultural Services * Antique Shops Bed and Breakfast Business Support Services Business or Trade Schools Communications Services Consumer Repair Services Personal Improvement Services Personal Services 2 C-1 District Regulations C-1 District Regulations Studio, Fine Arts Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Religious Assembly Utility Services, Major 2. Office Uses Laboratories 3. Commercial Uses Automobile Rental/Leasing Commercial Indoor Sports and Recreation Restaurant, Drive-in or Fast Food Restaurant, General Retail Sales 4. Industrial Uses Landfill, Rubble Recycling Centers and Stations 5. Miscellaneous Uses Broadcasting Tower 3 C-1 District Regulations Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042203-13, § 1, 4- 22-03; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816- 4, § 1, 6-28-16) Sec. 30-53-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one (1) street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. El C-1 District Regulations Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two (2) feet for each foot in height over forty-five (45) feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet. (D) Maximum coverage. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 052411-9, § 1, 5-24-11) Use & Design Standards — Residential Uses Sec. 30-82-11. Multi -family Dwelling. (A) Intent. The following minimum standards are intended to accommodate multi -family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive. (B) General standards: Minimum front yard setback: Thirty (30) feet from any street right-of-way for all structures. 2. Minimum side yard setback: Twenty (20) feet for principal structures. Minimum rear yard setback: Twenty-five (25) feet for principal structures. 4. Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30-92 where the property adjoins a less intensive zoning district. The minimum separation between multi -family buildings shall be twenty (20) feet. 6. Reserved. 7. Standards for open space and recreational areas required below: a. Shall be in addition to any buffer yard required under Section 30-92 of this ordinance; b. Shall be in addition to and not be located in any required front, side or rear yard setback; Shall have a horizontal dimension of at least fifty (50) feet, except that areas with a horizontal distance of not less than twenty (20) feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.; d. Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and, e. Shall be of an appropriate nature and location to serve the residents of the multi -family development. Provisions must be made for vehicular access and turn around for regularly scheduled public service vehicles such as trash collection. Use & Design Standards — Residential Uses (C) Additional standards in the AV district: 1. Minimum lot size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand (5,000) square feet for each additional unit. 2. When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30-92 shall be provided. (D) Additional standards in the R-3 district: Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus three thousand six hundred thirty (3,630) square feet for each additional unit. 2. Maximum density: Twelve (12) dwelling units per acre. The property shall be served by public sewer and water. 4. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. (E) Additional standards in the R-4 district: Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus one thousand eight hundred fifteen (1,815) square feet for each additional unit. 2. Maximum density: Twenty-four (24) dwelling units per acre. The property shall be served by public sewer and water. 4. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. (F) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The multi -family use shall be allowed in conjunction with a civic, office or commercial use type. 2. The multi -family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi -family use accounts for more than fifty (50) percent of the gross floor area on the site. 2 Use & Design Standards — Residential Uses (Ord. No. 042799-11, § 2, 4-27-99, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 092215-9, § 1, 9-22-15) Neighborhood Conservation: A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Land Use Types: Single -Family Residential - Attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re -development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. New single-family residential developments should incorporate greenways and bike and pedestrian trails. Cluster developments are encouraged. Neighborhood Institutional Centers - Uses that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. These facilities should be linked to the residential areas by greenways, bike trails and pedestrian paths. Neighborhood Commercial - Low impact services to serve the local neighborhood that are consistent with the Community Plan design guidelines. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited density residential subdivisions have been platted and developed. EXISTING ZONING - Locations where limited density residential zoning has been established. EXPANSION AREAS - Locations where the expansion of the existing development pattern is logical. INFILL DEVELOPMENT - Locations where infill areas complement the surrounding development pattern. ACCESS - Locations served by a local street system. URBAN SECTOR - Locations served by urban services. Transition: A future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. Land Use Types: Office and Institutional - Planned office parks and independent facilities in park -like surroundings are encouraged. A high degree of architectural design and environmentally sensitive site design is encouraged. Retail - Small-scale planned and clustered retail uses. Multifamily Residential - Garden apartments at a density of 12 to 24 units per acre. Single -Family Attached Residential - Planned townhouse communities of 6 or more units per acre. Parks - Public and private recreational facilities. These facilities should be linked to residential areas by greenways, bike and pedestrian trails. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited commercial uses exist. EXISTING ZONING - Locations where commercial zoning exists. ACCESS - Locations where properties have direct frontage and access to an arterial or major collector street. SURROUNDING LAND USE - Locations which serve as a logical buffer strip between conflicting land use patterns. ORIENTATION - Locations which are physically oriented toward the major street. URBAN SECTOR - Locations served by urban services. Development: A future land use area where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. Clustered developments are encouraged as is the use of greenways and bike and pedestrian trails. Land Use Types: Conventional Residential - Single-family developments in conventional lots. Includes attached, detached and zero -lot line housing options. Greenways and bike and pedestrian trails are encouraged. Cluster Residential - Single family developments with similar gross density of conventional subdivisions but individual lot sizes may be reduced to accommodate the clustering of housing while allocating common open space. Includes attached, detached and zero -lot line housing options. Greenways and bike and pedestrian trails are encouraged. Multi -family - Developments of 6-12 units per acre. Clustering is encouraged as are greenways and bike and pedestrian trails. Planned Residential Development - Mixed housing types at a gross density range of 4-8 units per acre. Includes conventional housing, cluster housing, zero lot -line housing, townhouses and garden apartments. Greenways and bike and pedestrian trails are encouraged. Planned Community Development - Planned residential development mixed with office parks, neighborhood shopping centers and supporting retail development. The majority of the development is residential with a maximum limit set on the retail land. Greenways and bike and pedestrian trails are encouraged. Communi , Activity Centers - Facilities which serve the neighboring residents including parks, schools, religious assembly facilities, parks and recreational facilities and community clubs and meeting areas. These activity centers should be linked to residential areas by greenways, bike and pedestrian trails. Land Use Determinants: PUBLIC FACILITIES CAPACITY - Locations where public facilities are adequate to handle the increased population concentration. This includes schools, parks and recreation facilities and Fire and rescue facilities. UTILITY AVAILABILITY - Locations where water and sewer services exist or are scheduled to serve the area. ENVIRONMENTAL CAPACITY - Locations where natural land features, including topography, provide optimum opportunity for urban residential development. ACCESS - Locations which have or can provide direct access to a major street. URBAN SECTOR - Locations served by urban services. �, \ � `-�-ko, �-.n Dear Roanoke County Department of Plying, have had a dance school at 4333 Old Cave Spring Road since 1980. The traffic on this road, as well as lc$Vitty Road, is very heavy. There is a lot of speeding on beth. reads. The roads were not built to handle the amount of traffic that is already there today. We had a customer who ha.d a bad accident in this area last year. Fortunately, no one was hurt but the car was demolished. The stop sign. at the intersection of IOMcVitty and Old Cave spring road has also been knocked down many times. Due to the traffic on this road, the police cars park in my parking lot trying to catch drivers who are speeding. Because of these reasons, I do not think it would be a good decision to put a multi -family apartment building in this area. Sincerely, Ardell Stone Page 1 of 1 Susan McCoy - MCE Owner Occupied LLP - Citizen Comments From: Alyssa Dunbar To: Susan McCoy Date: 8/4/2020 4:53 PM Subject: MCE Owner Occupied LLP - Citizen Comments Ed Murray 3123 McVitty Rd "It is my understanding that VDOT has made plans and bought properties within the right-of-way in order to expand and improve McVitty Road. I am wondering if it would be possible for the applicant to wait until the road is done before they follow through with this development. If it is done beforehand, it could be dangerous due to the state of the road, and the high speeds at which people drive down it." Alyssa Dunbar Planner I / Code Enforcement Officer Roanoke County Planning and Zoning 540.772.2078 adunbar@roanokecountyva.gov file :///C :/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F299286PO2_DOMAINM-Z_... 8/4/2020 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 ORDINANCE GRANTING A SPECIAL USE PERMIT IN A C-1 (LOW INTENSITY COMMERCIAL) DISTRICT TO ALLOW A MULTI -FAMILY USE TO ACCOUNT FOR MORE THAN 50 PERCENT OF THE GROSS FLOOR AREA ON THE SITE ON APPROXIMATELY 1.116 ACRES, LOCATED AT 3220 MCVITTY ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 076.20-01-12.00-0000) WHEREAS, MCE Owner Occupied, LLP has filed a petition for a special use permit to allow a multi -family use to account for more than 50 percent of the gross floor area on the site located at 3220 McVitty Road (Tax Map No. 076.20-01-12.00-0000), in a C-1 (low intensity commercial) district, in the Windsor Hills Magisterial District; and WHEREAS, the first reading of this ordinance was held on July 28, 2020, and the second reading and public hearing were held on August 25, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 2020; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition with conditions, as set forth in the staff report. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 2. The Board further finds that although the proposed special use is not consistent with the "Neighborhood Conservation" future land use designation of the Page 1 of 2 Roanoke County Comprehensive Plan, it is consistent with the "Transition" and "Development" future land use designations which are adjacent to this site; and that the proposed special use will have a minimum adverse impact on the surrounding neighborhood and community. 3. The special use permit is hereby APPROVED with the following conditions: a. The site shall be developed in substantial conformance with the "Concept Site Plan" prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the site plan review process. b. The site shall be developed in general conformance with the existing building proposed renovations - Phase 1 and 2, Exhibits B and E, prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the commercial building plan review process. c. The proposed freestanding sign shall be developed in substantial conformance with the McVitty Commons Signage, Exhibit D, dated June 11, 2020. The freestanding sign shall only be lit from the ground and shall not cause glare on adjoining properties or roads. There shall be no neon signage or electronic message boards on the property. d. The maximum number of apartments shall be limited to 16. e. Free standing light poles, including lighting fixtures, shall not be more than 18 feet above grade. All exterior lights shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. Page 2 of 2 Peter S. Lubeck COUNTY ATTORNEY ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 SAMPLE MOTIONS Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS The petition of MCE Owner Occupied, LLP to obtain a special use permit in a C-1 (Low Intensity Commercial) District to allow a multi -family use to account for more than 50 percent of the gross floor area on the site on approximately 1.116 acres, located at 3220 McVitty Road, Windsor Hills Magisterial District MOTION APPROVING I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is not consistent with the "Neighborhood Conservation" future land use designation of the Roanoke County Comprehensive Plan, but is consistent with the "Transition" and "Development" future land use designations which are adjacent to this site; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit with the following conditions: 1. The site shall be developed in substantial conformance with the "Concept Site Plan" prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the site plan review process. 2. The site shall be developed in general conformance with the existing building proposed renovations — Phase 1 and 2, Exhibits B and E, prepared by Craighead and Associates dated May 23, 2020, subject to any changes required during the commercial building plan review process. 3. The proposed freestanding sign shall be developed in substantial conformance with the McVitty Commons Signage, Exhibit D, dated June 11, 2020. The freestanding sign shall only be lit from the ground and shall not cause glare on adjoining properties or roads. There shall be no neon signage or electronic message boards on the property. 4. The maximum number of apartments shall be limited to 16. 5. Free standing light poles, including lighting fixtures, shall not be more than 18 feet above grade. All exterior lights shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. MOTION DENYING I find that the proposed petition for a special use permit is not consistent with the "Neighborhood Conservation" future land use designation of the Roanoke County Comprehensive Plan or will have more than a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE THAT WE DENY the petition for a special use permit as it has been requested. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 • Roanoke, Virginia 24018-0798 ACTION NO. ITEM NO. M.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 25, 2020 The petition of Om Shree Hospitality, LLC to rezone approximately 9.99 acres from AG -1 (Agricultural/Rural Low Density) District to C-2 (High Intensity Commercial) District for the construction of a hotel/motel/motor lodge, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator Agenda item for public hearing and second reading of ordinance to rezone property from agricultural to commercial. BACKGROUND: The Roanoke County Zoning Ordinance defines a hotel/motel/motor lodge as: "a building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities." A hotel/motel/motor lodge is not allowed in the AG -1 (Agricultural/Rural Low Density) District, but is a permitted use in the C-2 (High Intensity Commercial) District. DISCUSSION: The Planning Commission held a public hearing on this request on August 4, 2020. Public comments on this application included phone calls and emails submitted before Page 1 of 2 the public hearing, a petition signed by 9 residents opposed to the application, 3 speakers at the public hearing, a phoned -in comment during the 10 -minute recess period, and emails after the public hearing. The public comments/concerns included traffic issues (increased traffic on a narrow two-lane road, traffic accidents, routing of traffic off interstate), reduced residential property values, increase in crime, enough hotels in this area already, emergency vehicle/equipment access, undisturbed area on concept plan remaining undisturbed in the future, noise, signage, stormwater management, safety, parking along Wildwood Road, retaining walls, use of access road for other adjacent uses, landscaping, wildlife, lighting, access from Skyview Road, public water and sewer lines, concept plan errors, paying for existing street lights, and concern over the expansion of commercial area further down Wildwood Road. The Planning Commission discussed hotel construction time frame, traffic issues (access, traffic analysis, sight distance, turn lanes), stormwater management, wildlife, development in the area, the future land use designation of "Core", use allowed in C-2 zoning district, and site limitations (topography). The Planning Commission recommends approval of the rezoning request from AG -1 (Agricultural/Rural Low Density) District to C-2 (High Intensity Commercial) District. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to rezone approximately 9.99 acres from AG -1 (Agricultural/Rural Low Density) District to C-2 (High Intensity Commercial) District. Page 2 of 2 STAFF REPORT Petitioner: Om Shree Hospitality, LLC Request: To rezone approximately 9.99 acres from AG -1, Agricultural/Rural Low Density District to C-2, High Intensity Commercial District for a hotel/motel/motor lodge Location: 2700 block of Wildwood Road and 1700 block of Skyview Road Magisterial District: Catawba Proffered Conditions: None EXECUTIVE SUMMARY: Om Shree Hospitality, LLC, is requesting to rezone 9.99 acres from AG -1, Agricultural/Rural Low Density District to C-2, High Intensity Commercial District, to construct a hotel on properties located just north of Interstate 81 Exit 137 and within the 2700 block of Wildwood Road and the 1700 block of Skyview Road. The subject properties are located in the Glenvar Community Planning Area. Both subject parcels are designated Core on the future land use map of the Roanoke County Comprehensive Plan. Core is a future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. The proposed rezoning is consistent with the Core future land use designation. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a hotel/motel/motor lodge as: "A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities." A hotel is a permitted use in the C-2 zoning district. Additional uses allowed in the C-2 zoning district are attached to this report. Development of the site would require comprehensive site plan review(s) and building permit review(s). ANALYSIS OF EXISTING CONDITIONS Topography/Vegetation — The site sits high above Wildwood Road on a hill/mountain and is currently heavily wooded. Several retaining walls are shown on the concept plan. The concept plan shows building coverage proposed to be 4.37% and lot coverage 20.69% of the property, or 2.666 acres. Approximately 4.4 acres is marked "undisturbed" on the concept plan. Surrounding Neighborhood — The surrounding zoning of the subject parcels includes 1-1 Low Intensity Industrial District, AG -1 Agricultural/Rural Low Density, and R-1 Low Density Residential. The subject parcels are located just north of Skyview Road and Interstate 81. The surrounding uses include an inactive quarry adjacent to the northern boundary of the property, single family homes adjacent to the western and southeastern boundary, and undeveloped, wooded agricultural land to the east. An existing hotel is located close by on Skyview Road in Roanoke County. An existing hotel and a new hotel under construction are both located on the opposite side of Wildwood Road in the City of Salem. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — The submitted concept plan shows a 16,000 square foot building footprint for a 75 -room hotel building with a second building marked "rental ballroom." No elevations or design graphics have been provided by the applicant. The height and number of floors are not included in the application. The entrance/exit is shown on Wildwood Road. Required buffer yard is proposed along the property line parallel to Wildwood Road, as required adjacent to residentially zoned properties. The parking lot is proposed to provide 103 spaces. The application requests a rezoning to C-2, but does not designate specific uses on the concept plan. The Planning Commission may want to consider limiting uses. Access/Traffic Circulation — One vehicular access point on Wildwood Road is shown on the concept plan. VDOT has reviewed the application; a land use permit is required, but will not be pursued until or unless Roanoke County approves the rezoning request. To obtain the land use permit from VDOT the applicant will need to meet access management design standards of the VDOT Road Design Manual. Agency Comments — Various agencies commented on the original concept plan. The following comments were provided by the various agencies on this request: Building Safety: The Office of Building Safety stated that any structures being constructed will need to meet all the requirements of the applicable Virginia Construction Code and applicable codes. Transportation: Transportation staff offer two comments: 1. Interstate 81 will be widened between Exits 137 and 141, northbound and southbound. The project is funded and the preliminary engineering phase is underway. 2. Wildwood Road is included in the 2012 Update to the RVAMPO Bikeway Plan as a Vision List Corridor. Solid Waste: There will be no impact on solid waste if the property is developed as shown on the concept plan, as the hotel use would require a private dumpster service. Fire & Rescue: The proposed project will not significantly increase the services we provide. However, fire flow and access requirements will have to be met. Economic Development: Economic Development supports this rezoning request for the development of a new hotel at 1-81 and Wildwood Road. The proposed project is consistent with nearby land uses, and is appropriate for highway oriented commercial development given its proximity to significant arterial thoroughfares. The project further supports the county's economic development goal of expanding employment and the tax base, while increasing the inventory of commercially zoned property in the County. Stormwater Operations: No Floodplain concerns. VDOT: VDOT had four comments on the request: 1.) A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2.) The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial 2 entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum require distances can be met. 3.) The TIA for this development appears acceptable based on the information provided at this time. VDOT concurrence will be granted during the development review process. 4.) The department will not issue an approval of the plans or any necessary land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN Roanoke County's Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Core. Core is a future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger - scale highway -oriented retail uses and regionally based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. The proposed rezoning is consistent with the Core future land use designation. STAFF CONCLUSIONS Om Shree Hospitality, LLC, is requesting to rezone 9.99 acres from AG -1, Agricultural/Rural Low Density District to C-2, High Intensity Commercial District located on Wildwood Road. The submitted concept plan shows the development of a hotel facility on an undeveloped site. The proposed project is consistent with the Roanoke County Comprehensive Plan Future Land Use designation of Core, and would be a by -right use in the C-2 District, if approved. The Planning Commission may want to consider proffers limiting uses, and conformance with the submitted concept plan. CASE NUMBER: PREPARED BY: HEARING DATES ATTACHMENTS: 5-812020 Cecile Newcomb PC: 814120 Application Aerial Map Zoning Map Future Land Use Map Photographs C-2 District Standards AG -1 District Standards Core Land Use Description Public Comments BOS: 8125120 Lumsden Associates, P.C. 20.0� ENGINEERS I SURVEYORS I PLANNERS June 12, 2020 Ms. Rebecca James Zoning Administrator Roanoke County Planning & Zoning P.O. Box 29800 Roanoke, VA 24018 Re: Om Shrec Hospitality, LLC — Rezoning Application Submittal Roanoke County Tax Parcels: 044.04-01-07.00 & 044.04-01-12.00 Lumsden Comm: 2020-064 Dear Ms. James: Please allow this letter to serve as our request for your office to accept the enclosed rezoning application for approval by the Roanoke County Planning Commission and Board of Supervisors. The intent of the rezoning is to revise the associated (2) parcels from AG -1 zoning district to C-2 zoning district in order for the development of a proposed hotel use. The enclosed rezoning application package includes a documentation which describes the request in greater detail. Please find enclosed one (1) copy of the Rezoning Application Package, which include the following items: • Completed Application for Rezoning • Rezoning Justification • Concept Plan and associated Concept Plan Checklist (Exhibit A) • Metes and Bounds Description for the associated properties (Exhibit B) • Water and Sewer Availability Application Request (Exhibit C) • List of Adjoining Property Owners (Exhibit D) • Traffic Impact Analysis for Entrance Analysis (Exhibit E) • Rezoning Fee by Check: ($945 + $32 x 10 acres) x 3% Technology Fee = $1,302.95 Also, included with this submittal is a CD containing the Rezoning Application Package in PDF format. Should you have any questions or concerns, or require additional information, please do not hesitate to call or email. Sincerely, LUMSDEN ASSOCIATES, P.C. Andrew P. Lumsden, P.E. Director of Engineering Copy to: Mr. Amit Patel, Om Shree Hospitality, LLC 4664 Brambleton Avenue I R O. Box 20669 1 Roanoke, VA 240181 Phone (540) 774-4411 I Fax (540) 772-9445 1 www.lumsdenpc.com County of Roanoke fl� 0 A 4 Community Development G Planning & Zoning z 5204 Bernard Drive $3tt P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 z -A00 03 For Staff Use Only Date received: Received by: Application fee: PC/BZA da : Placards issued: BOS date: Case Number x ALL APPLICANTS Check type of application filed (check all that apply) Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: O. 5hr-c<-- LLC Work: 10 10 L.,We- Apple, Dave Cell #: 5•F - S/ - l S' fi >7aK �o h VA Z N1 y f Fax No.: g5i5' - Tm A X 7o Af Owner's name/address w/zip Phone 5s-(. -Ssne 3, -- nMot ica Sr. Work: 2611 CryS+al 3p v,Jr,2s Ave, -6•w1 Fax No. #: (?oana6,, vA Z-qa l f Property. Lgcation C)W'�a�w6,C/ Roam r Magisterial District: tQ�✓bQ CommmnityPlannittgarea: 5yvs��. �oQr� Tax Map No.: 012/.0 - of - a?,00 -600-=- 6oOy 0 qAq-O 17, 00 -00©0 Existing Zoning: Ai�-i I3r4k Rtlr-e`S Size of parcel(s): Acres: (¢. 6 y A'c Existing Land Use: Yl1p 1-V e o REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2 --2232) REVIEW APPLICANTS (R/SIW/CP) Proposed Zoning: C — Z Proposed Land Use: Does the parcel meet the minimtun lot area, width, and Frontage requirements of the requested district? Yes P( No ❑ IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Aiticle IV (Special Use Permit)? Yes No ❑ IF NO, A VARIANCE I5 REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes C' No VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning O ee in o r to: Appeal of Zoning Administrator's decision to ,. Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordina ��K 2 2016 Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BEA NY OFT E ITEMS ARE MISSING OR INCOMPLETE. wsnv/ r v/AA rus/w/ P v/A�, R/SAV/ P V/AA Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description A/ [j Proffers, if applicable 7MJustification Water and sewer application Adjoining property owners 1 hereby certify that I am either the owner of the prop rty or ie owner's a t r contract purchaser and am acting with the knowledge and consent f the owner. Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-22.32) REVIEW REQUESTS. . Applicant Om Shree Hospitality, LLC 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. Orn Shree Hospitality proposes the development of a Hotel business on the subject properties. The location is ideal to serve the those travelling on Interstate 81, particularly those visiting or working in both the Roanoke and New River Valleys. The subject parcels are positioned between an existing Industrially -zoned parcel, which is the site of an inactive quarry, and the commercial uses along US Route 11/460, West Main Street. The proposed building site is approximately I ,000 feet from an existing hotel use in Roanoke County, approximately 700 feet from an existing hotel and approximately 450 feet from a hotel currently under construction, both in the City of Salem. The location of the subject parcels near the Interstate 81 Exit 137 interchange is consistent with the C-2 Zoning District's goal of encouraging commercial development in proximity to major arterial thoroughfares, and the parcels are designated as "Core" Future Land Use. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Glenvar Community Plan identifies the subject parcels as "Core" Future Land Use for commercial and industrial development and use, as are all but one adjoinder, which is identified as "Rural Preserve" (RP). The topography of the subject parcels and the limited developable envelope within the site will provide significant and effective buffering of the RP adjoinder. Rezoning these parcels to the C-2 Zoning District will allow for commercial growth as envisioned by the Community Plan, and the proposed Hotel use is equally consistent with both the Community Plan "Core" designation and County goals for growth in the area. 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. The topography of the site presents a challenge to commercial development of the site, but the Developer has envisioned an approach that takes advantage of that topography as well. By elevating the building pad, the facility will be visible to travelers on Interstate 81, while minimizing to the extent possible the visual impact on the existing residential uses adjacent to the site. Under the scenario envisioned, there will be more than 350 feet of separation of the development area from the RP Future Land Use parcel. Approximately 4.4 acres of the combined parcels will remain undeveloped due to steep topography and difficult access. There is no expectation that the proposed use or the C-2 District rezoning would have a deleterious effect on the public services and facilities of the area. The hotel use would place no new demands on County schools, nor is it expected to place a burden on local parks and recreation facilities. The site and use should not require any special or unusual service by fire and rescue, and access to the site for those service vehicles has been a primary consideration in the site evaluation. 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 adj scent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL IISE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicants Date OAM k G 2 � Community Development Planning & Zoning Division A fi9 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day .Effective date: April 19, 2005 7 A Community Development z Planning & Zoning Division 1 30 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion. of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note; a list of potential land uses and situations that would necessitatefurther study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/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. Apr11 99, 2005 Si 1 R t L Ros n r,TT11 1,Ty ILC Name of Petition � . —4-0-C P Petne s S nature 0(' ! 2-1&e) P at� EXHIBIT "A" CONCEPT PLAN 20064-p102-bldg-concept2 ,�, ,,�I�I EXHIBIT 'A' SITE AND ZONING TABULATIONS ��/����l�i�i�l/, /�,,, TAX MAP ID: 044~04-01-12.00-0000 AND 044.04-01-07.00-0000 �✓ �� ������II /��/ CURRENT ZONING: AG -1 �(ff/� OVERLAY DISTRICTS: GLENVAR COMMUNITY PLAN EXISTING USE: UNDEVELOPED�"P1�( SITE ACREAGE: 3.95 ACRES AND 6.04 ACRES (DEEDED) PROPOSED ZONING DISTRICT: C-2 ( ) MINIMUM LOT AREA REQUIRED: 15,000 S.F. WITH PUBLIC SEWER &WATER MINIMUM FRONTAGE REQUIRED: 75' WITH PUBLIC SEWER & WATER /r dvD//iri % �)� SII �� A ������ ( ) _� MAXIMUM HEIGHT ALLOWED: UNLIMITED NOT ADJACENT TO R-1 OR R-2 ZONING DISTRICT)I� ( / MAXIMUM BUILDING COVERAGE: 50% N ��1"�TA�'X�\\�� ;�% MAXIMUM LOT COVERAGE: 90% l 9 ( _ 04404�Q1 41.00' PROPOSED BUILDING COVERAGE 4.37% (0.4362 ACRES) I' I < ' f�;11 �(�IIII IXANE, DANNY & S0 1 PROPOSED LOT COVERAGE: 20.69% (2.0666 ACRES) `� I III Ili p h II � I � t ONING DIS ICT: AG -1' REQUIRED PARKING SPACES: HOTEL/MOTEL/MOTOR LODGE 1 I �I �I SII II v SITE TOTAL PARKING REQUIRED: 1 SPACE PER GUEST ACCOMMODATION PLUS SPACES AS REQUIRED FOR OTHER USES SITE TOTAL PARKING PROVIDED: 103 SPACES(*) 1 1 1� IIIIIIIiIl11Ii1 iI I ���\ % / (*THREE ILLUSTRATED SPACES WILL BECOME ACCESSIBLE SPACE AISLES) ��VA����I,I�I�I;j VIII IIIIIIIIII�I11 ���� l �I �i- ID: 0 D4- 1 13 OD .�.Q` ,�i�l�///i%�rii �� � �����A \�� V�� \.Z D1��ICT• I-1 VA\X \\ 6, a 11 11(I(a Ili l vv T� `,��� /�1 �I�ii 1 I;��l'1111i1I1�111 � 11, �<(� g���IIII / II Ilu I Il 111 ��\ �� � II I )11111 `I 111/ 11 J J�r I A \� � /////�111JJ �lf�//�1,11,,IIIIII I►►►I I1�1111��►���'�II1l )/, \\ \,\����� IMING WALL 1 11�III II11 hIIIm IIII�IUI 1� �� 1� PIIS 4n• r// � 1 I� 11 / /1/ 11��1 ��`I�II�i I ��� � 1 �� � ��� 1\ TAY In- MnA-m-i ��.v �...\ \ II i it //rnua..�rw✓i�iiii'//' / i�% �� � IIII'I Z I d ISA l i%�' %IIII Ijil F� ,\ }.4 IT D: 044.04-01-09.00 � � //irr r r MO,aqN�UM�� ENT . L7 CORORATON / � ,,�,�� A1Z •1PAJADI R, 50:LDEAIY�.t R,,D4,.IA-.N.REl.—T.T,P.QE�,��-�V.��1��AAQ\o�,����A \\ �\�1/\1�i �\`V��� I1ll\�li�`�I\�// T/AX/i/"rdi di/ 1 � 0�4-I /�0�1�- lih1I9 :-1 1111111ul U l� o 1 • ��I �I I�IlI�IiIi%lII//l 1Il/1 I N \ D �� CONSTRUCTION v� �� AA �!�//�///� moi' � ���� ���� V _� / / r// i /iv / I III -� A �� 1 I �i JENNIFER ��� V i,, DISTRICT: AG -1 \ 1 Mw Il pII����NIG Iuugl / HAMPTON�- I�l,=�� 200' 0 200' SCALE: 1" = 200' DATE: July 21, 2020 SCALE: Lumsden Associates, P.C. 1" = 200' ENGINEERS I SURVEYORS I PLANNERS COMM. NO.: 20-064 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM e:\lapc\autocad\drawings\2020\2020-064\01-cad\01-engineering\01-prelimi nary\20064-p102-bldg.dwg EXHIBIT "B' METES & BOUNDS PROPERTY DESCRIPTION EXHIBIT "B" Metes and bounds description of Properties being Rezoned: The following is a metes and bounds description of Roanoke County Tax Parcels 044.04-01-07.00 and 044.04-01-12.00. This description is based on the outer deed lines of said parcels as described within Deed dated July 26th, 2015 within the Clerk's Office of the Circuit Court for Roanoke County, Virginia as Instrument No. 201506693. BEGINNING at an iron pin set in the easterly right of way line of Skyview Road, said point being the southwesternmost corner of the hereinafter described parcel; thence N 80° 11' 25" W, 34.91 feet to a point; N 410 41' 25" W, 143.89 feet to an iron pin; thence N 35° 18' 20" W passing a highway monument at 16.45 feet, and a total distance of 134.75 feet to a point; thence N 360 29' 20" W, 59.76 feet to an iron pin; thence N 36' 29' 25" W, 545.51 feet to an old pipe; thence S 39' 38'00" W, 187.11 feet to an iron pin; thence N 290 23' 20" W, 208.36 feet to an iron pin; thence N 60' 36'40" E, 177.23 feet to an iron pin; thence S 68' 01' 10" E, 725.60 feet to an iron pin; thence N 790 12' 00" E, 480.00 feet to an old pipe; thence S 07* 01' 00" E, 182.00 feet to an iron pin; thence S 480 23'00" W, 710.90 feet to an iron pin, being the place of beginning, consisting of 10.001 acres (435,644 square feet). EXHIBIT "C" WATER & SEWER AVAILABILITY APPLICATION Zimbra *NEW SUBMISSION* Availability Application From : Western Virginia Water Authority <webmaster@westernvawater.org> Sender :webmaster@westernvawater.org Subject : *NEW SUBMISSION* Availability Application To : alumsden@lumsdenpc.com Availability Application Submission #: 357846 IP Address: 174.79.8.177 Submission Date: 06/11/2020 2:46 PM Survey Time: 6 minutes, 25 seconds You have a new online form submission. Note: all answers displaying "** "" are marked as sensitive and can be viewed after you login. Property Owner's Information (required information) Date 06/11/2020 12:00 AM Property Owner's Name Fletcher Smoak, Jr. Property Address 0 Skyview Road Roanoke CountyVirginia24153 Tax Map Number 044.04-01-07.00-0000 Owner's Phone Number (540) 815-1345 Owner's Email amit.puja@gmail.com Services Requested Water and Sewer Service Type of Property Commercial Residential Comments (optional): Rezoning for Potential Hotel Development. Information for Property Owner's Representative alumsden@lumsdenpc.com EXHIBIT "C" Thu, .dun 11, 2020 02:46 PM If this form is being completed by a representative for the property owner, please fill out the information below. Representative's Name Andrew Lumsden Representative's Address 4664 Brambleton Avenue RoanokeVirginia24018 Representative's Email Address alumsden@lumsdenpc.com Representative's Phone Number (540) 774-4411 ext. 114 Commercial Property Information Additional forms and plans may be required. A representative of the Water Autority will be in touch with you. Comments (optional): Rezoning for Potential Hotel Development. Please attach any documents you need to share below. Attachment 20054-PL02-BLDGCONCEPT2-Asheet. PDF Attachment 20064-PL02-BLDG-Concept2-D-05.18.2020.pdf Attachment Thank you, Western Virginia Water Authority This is an automated message generated by the Vision Content Management SystemT". Please do not reply directly to this email. EXHIBIT r r D " ADJOINING PROPERTY OWNER INFORMATION EXHIBIT "D" ADJOINING PROPERTY OWNERS Roanoke County Tax Parcels: 044.04-01-01.00-0000 044.04-01-06.00-0000 044.04-01-08.00-0000 044.04-01-09.00-0000 044.04-01-10.00-0000 044.04-01-13.00-0000 044.04-02-35.00-0000 044.04-02-37.05-0000 (ROANOKE COUNTY PARCELS) TAX MAP No. OWNER(S) / ADDRESS ZONING 044.04-01-01.00-0000 Danny R. Kane & AGI Sonja S. Kane 723 Skycoe Drive Salem, VA 24153 044.04-01-06.00-0000 Jennifer Norford AGI 1723 Skyview Road Salem, VA 24153 044.04 -OI -08.00-0000 Jennifer Norford & AG1 Danette Parsley 2782 Wildwood Road Salem, VA 24153 044.04-01-09.00-0000 Monumental Corporation AGI C/O Wilkinson Companies Inc 106 Commerce Street, Suite 110 Lake Mary, FL 32746 044.04-01-10.00-0000 Luke Philip Foster & AGI Amber Nicole Zinsmaster 2768 Wildwood Road Salem, VA 24153 044.04-01-13.00-0000 Sonabank 11 Attn: Accounts Payable P.O. Box 6030 Glen Allen, VA 23058 044.04-02-35.00-0000 Jullian P. King & AGI Jeanie W. King 2715 Brogan Lane Salem, VA 24153 044.04-02-37.05-0000 Dev Om LLC AGI 112 West Main Street, Suite 212 Salem, VA 24153 (CITY OF SALEM PARCELS) TAX MAP No. OWNER(S) / ADDRESS ZONING 94-1-4 Dev Om LLC HBD 112 West Main Street, Suite 212 Salem, VA 24153 EXHIBIT "E" TRAFFIC IMPACT ANALYSIS EXHIBIT "E" TRAFFIC IMPACT ANALYSIS FOR CONCEPTUAL HOTEL LAYOUT LOCATED ON TAX PARCEL NO. 044.04-01-12.00 COUNTY OF ROANOKE, VIRGINIA PREPARED FOR OM S HREE HOSPITALITY, LLC DATE: June 11, 2020 COMM. #2020-064 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA Proposed Entrance Analysis for Conceptual Hotel Layout Roanoke County Tax Parcel 044.04-01-12.00 Background Om Shree Hospitality, LLC (developer) is proposing a rezoning for the development of a hotel within Roanoke County Tax Parcels 044.04-01-12.00 and 044.04-01-07.00. This potential entrance is located along Wildwood Road (Rte. 619 —35 mph speed limit) immediately north of Skyview Road and Litchell Road. The proposed hotel development is intended to have approximately 65 rooms and lay on a 16,000 s.f. footprint. Additional improvements include private access drive, parking, utility extensions, drainage improvements and stormwater management. This portion of Wildwood Road (Rte. 619) is considered a major collector and has a posted speed limit of 35 mph. Proposed Entrance Location Analysis Based on the proposed location of the potential entrance, no adjacent commercial entrances exist on the proposed development's side of Wildwood Road. The closest adjacent entrances/intersections being a vacant quarry entrance to the north (approximately 870 feet of separation) and the intersection with Skyview Road (approximately 820 feet of separation) to the south. This proposed entrance does not anticipate the need for an exception/variance to VDOT's Access Management Regulations. The potential entrance will request the use of a Full Access Commercial Entrance and will utilize the design guidelines/requirements within VDOT Access Management Design Standards for Entrances and Intersections (Appendix F). These guidelines will be utilized for site distance verification as well. f=igure 4-9 of Appendix F is the anticipated entrance configuration for this commercial entrance along a highway with shoulders. Crash History A review of available crash data (TREDS) for the most recent years of 2019-2020 show no crashes in the immediate vicinity of the proposed entrance or in any Immediate direction north or south along Wildwood Road. Documentation of these findings is include following this narrative section. Conclusions On the following pages are the trip generation volumes for the referenced hotel use along with the design charts for the left and right turn warrants. We have included trip generation volumes for both the peak hour of the proposed hotel and the peak hour of the adjacent street. Please also note that the left turn warrant chart utilized provides for a left turn percentage of 20f, whereas the left turn volume percentages for the proposed entrance ranges from 16.3% to 20.6%. Based on all of this Information and the minimal crash history for the area, in our opinion, neither a left or right turn lane would be warranted during either the AM or PM peak hours. Existing Traffic Counts for Wildwood Road (2018 VDOT Daily Traffic Volume, Estimates) Average Annual Weekday Traffic (AADT) - 910 vehicles per day Estimate of Peak Hour Percentage (K) Estimate of Peak Direction Volume (Dir, Factor) Existing Wildwood Road Peak Hour Traffic Volume Peak Direction Volume Off -Peak Direction Volume 0.125 = 0.742 = 114 vehicles per hour 85 vehicles per hour = 29 vehicles per hour Trip Generation Information (ITE Trip Generation Manual, 91h Edition) -„Using larger of average rate vs, equation Proposed Entrance Volumes Calculated Hotel (310) Rates versus 65 Proposed Total Rooms: AM Peak Hour (Adjacent Street) = 40 vehicles per Plot (59% enter, 41% exit) Entrance Split = 24 vehicles (18 from peak direction, 6 from off-peak direction) Exit Split =16 vehicles (12 to peak direction, 4 to off-peak direction) PM Peak Hour (Adjacent Street) = 45 vehicles per Plot (51% enter, 49% exit) Entrance Split = 23 vehicles (17 from peak direction, 6 from off-peak direction) Exit Split = 22 vehicles (16 to peak direction, 6 to off-peak direction) AM Peak Hour: Ln(T) = 0.85 Ln(65) + 0.12 => 39 vehicles (54% enter, 46% exit) Entrance Split = 21 vehicles (16 from peak direction, 5 from off-peak direction) Exit Split =18 vehicles (13 to peak direction, 5 to off-peak direction) PM Peak Hour = 45 vehicles per Plot (58% enter, 42% exit) Entrance Split = 26 vehicles (19 from peak direction, 7 from off-peak direction) Exit Split = 19 vehicles (14 to peak direction, 5 to off-peak direction) Left Turning Movement Volumes Proposed Entrance AM Peak Hour Advancing Volume = 98 vehicles Left Turn Movements = 16 vehicles (16.3%) Opposing Volume = 34 vehicles PM Peak Hour Advancing Volume = 34 vehicles Left Turn Movements = 7 vehicles (20,69) Opposing Volume = 108 vehicles Right Turning Movement Volumes Proposed Entrance AM Peak Hour Approaching Volume = 34 vehicles Right Turns = 5 vehicles PM Peak Hour Approaching Volume =108 vehicles Right Turns = 23 vehicles AM Peak Hour (Adjacent Street) Advancing Volume = 97 vehicles Left Turn Movements =18 vehicles (18.6%) Opposing Volume = 35 vehicles PM Peak Hour (Adjacent Street) Advancing Volume = 35 vehicles Left Turn Movements = 6 vehicles (17.1%) Opposing Volume = 102 vehicles AM Peak Hour (Adjacent Street) Approaching Volume = 35 vehicles Right Turns = 6 vehicles PM Peak Hour (Adjacent Street) Approaching Volume =102 vehicles Right Turns = 17 vehicles 00 0 r i i1 is— a) a) V s N W s V/ v/ C .y v C L L CD E E O V a Lo ao mo q4n in ro �v 60 5m 4m� �>,�6cc �� w�o riga C� c 2 c wn�.c own' t m w caw chi mu L�a'Q 41 m m �' E.25 v m VOL) wwwa� w�C N�� UIIi N N rMC 'bAt'�wr.Aa a @µ0 ... ww v� a c wgo9a>J3w`ac 'a,"c nuc° nit �4 tL U.. 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U0 xu W D 2 co) H V Z 0 a U) rZ yr W W �QZ hl� I -- Z W J U W V 0) d' W 0 U cu C 81 N O 3a �Q W O N N � W U U m .C: �C: Q L O 0-0 E a U°O 2{} L ..� o �m 0 0 o L N c U� Co (4 C �E �U 4 O z 29+4 = 33 �- 29+5 = 34 85+18 = 103 85+16 = 101 �- AWAY FROM 1-81 / SALEM 85+16 = 101 85+14 = 99 29+6 = 35 29+7 = 36 PROPOSED ENTRANCE 18 16 29+6 = 35 29+5 = 34 85+12 = 97 85+13 = 98 AM PEAK HOUR 6 7 PROPOSED ENTRANCE 85+17 = 102 �- 85+23 = 108 29+6 = 35 29+5 = 34 TO 1-81 / SALEM - AWAY FROM 1-81 / SALEM PM PEAK HOUR TO 1-81 / SALEM --� RED NUMBERS REPRESENT PEAK HOUR OF ADJACENT STREET BLACK NUMBERS REPRESENT PEAK HOUR OF GENERATOR PROPOSED TURNING MOVEMENT DIAGRAM (U 0 O O C D t) 0 (A O > SIS m i C y O Oa) FL S w < CU E � ~ O W O.S mm CV (V Z5 � E c ��5 CF O CO cC rota U� CD �r- ro � ro C ~ > a o CC C c 4 U C7 FO N A 0 0 ti LL m 0 V 0 LL 0 U Q a 0 Q C7 0 0 co Q1 z C7 v � � O o z 0 1 �o Q Cp cc O cr 0 U LL 0 O O N u7 0 LL V co 0 0 LL 0 Q a 4 a Q 0 4 0 U LL v � C O { Q ] N i ] d 0 E 6 CJ 0 O O Ir cc � ¢ U'D a 3: C z z U 0 N a) Q U') N r C® N u7 � r• 0 0 LL LL LL W N C) o � 0 0 `D z z 0 0 C) Q 0 0-0 O C7 o Q r o C) o 0 0 O O LA CA z Z o C� a = 3 h CD r IA c 0 O Cl? 0 O 0 C C C 7JL €U U U < � � � 0 c 00 co co CE ¢ 00: 0 0 � i-lF CL N i m N O C E O U d 0 cu Er LL LL LL C? 0 co0 n a m C7 CLO LO Lo m Ln Q 0 Ci LL LL LL m O m 0 0 0 0 0 U LL U 6 0 C] 0 Q 0 0 0 co co O 0 O N N r 0 0 0 N N 0 0 0 O O O m rn rn LL LL LL Q u o a z o c n Q 0 co Ci O O Y mCt5 O F O ~ O cr C 0 o a U U U LL 0 0 C) CO m O LL co 0 0 U Q 0 O a 0 O C)) LL l " . O e O ' � C CO CR O cu'0 cuC a 0 Ir 0 U LL Q 0 Q Q r LO O LL Lo Ci) 0 0 LL O C7 0 N O 0 0 O of LL F i 3 p R Q e T C U 0 0 C cu0 cc LL 0 Q 0 r N c-) u7 0 LL a) 0 0 U C7 CN O 0 0 0 m LL i O ' � S i ) T � �o 0 ) EDs 0 C m m cc C O LL 0 C) m m on u7 O LL CO a) Q 0 LL C� CN O 0 0 O CD LL C C 9 O ' c ) � C ) 3 � 3 � i 3 L F m s C 0 Ir cc C D 76 C C6 DIDIDD WARRANT FOR LEFT -TURN STORAGE LANES ON TWO-LANE HIGHWAY = 700 tl v W 600 J 500 0 (D 400 z U) 300 0 a_ 0 200 0 100 800 = 700 w 600 500 0 > 4.00 0 z Q 300 200 0 inn, Peak & Peak Adj 'Street Peak & Peak Adi Street ■■■■■■■■■■■ ■■■■■■■■■■■ MEMEMEMEMEM MMMMMMMMMMM ■■■■■■■■■M■ t ■■■■■■■■■■■ NONE U 200 400 600 800 1000 VA ADVANCING VOLUME (VPH) FIGURE 3-7 At -Grade, Unsignalized Intersections L = % Left Turns in VA S = Storage Length Required V = 40 mph (Design Speed) L-20% ■■!■■■■■■■■■\■■■■■■i MEMOS !■ i. �I ■■■■■■■■■■momma■■■■ ■■■■■�■ NNNISAAM E1+■■ll■■■■■■■■■■■■■■■E\■■■■■i\■■■■\ ■IJ■0Him ■E■■NONE ■■■■ MEMO MEMO MEMO MEMO M■■■■■OEI 1 II 4I/ .11 :11 1000 VA ADVANCING VOLUME F-63 100 200 300 400 500 600 700 PHV APPROACH TOTAL, VEHICLES PER HOUR Appropriate Radius required at all Intersections and Entrances (Commercial or Private). LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adjustment for Right Turns For posted speeds at or under 45 mph, PHV right turns > 40, and PHV total C 300. Adjusted right turns = PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow (Vote: An average of 11 % for K x D will suffice. When right turn facilities are warranted, see Figure 3-1 for design criteria.' FIGURE 3-26 WARRANTS FOR RIGHT TURN TREATMENT (2 -LANE HIGHWAY) Rev. 1115 Hotel (310) Average Vehicle Trip Ends vs: Rooms On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 29 Average Number of Rooms: 204 Directional Distribution: 59% entering, 41 % exiting Trip Generation per Room Average Rate Range of Rates Standard Deviation 0.53 0,20 - 1.03 0.76 uata Piot and twation z 0 500 400 300 200 100 0 X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - X XX X -- - - - - - - - - . . . . . . . . . . . . . . ... .......... ............. ............ X X -K X< X X X X 0 100 200 X - Number of Rooms X Actual Data Points Fitted Curve Equation: Not Given Trip Generation, 9th Edition o Institute of Transportation Engineers 300 400 ------ Average Rate R2 = .... 500 Ti I I= Hotel (31 0) Average Vehicle Trip Ends vs: Rooms R6Gm On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 33 Average dumber of Rooms: 200 Directional Distribution: 51 % entering, 491% exiting Trip Generation per Room Average Rate Range of Rates Standard Deviation 0.60 0.21 - 1.06 0.81 Data Plot and Equation 500 400 U) C LU Q 300 _U N C) l� 200 e� 100 0 x x ; - -- --- -- ----------------- ---------- .................. i x x x , x X x-X' X ------------1 ........ :............. Xx ' x X X 0 100 200 X = Number of Rooms X Actual Data Points Fitted Curve Equation: Not Given 300 400 500 ------ Average Rate R2**. Trip Generation, 9th Edition o Institute of Transportation Engineers 615 Hotel �310� Average Vehicle Trip Ends vs: Rooms �R�asJ On a: Weekday, Q.M. Peak dour of Generator Number of Studies: 34 Average Number of Rooms: 279 Directional Distribution: 54% entering, 45% exiting Trip Generation per Room Average Rate Range of Rates Standard Deviation 0.52 0.16 - 1.42 0.75 Data Plot and Equation Lo W Q N U -G Cll v 0) T Q a 400 300 200 100 0 0 X ;X X X X X ....... ..... ------ X X X; X X X. X" X , -X X---- -,-fes--- ----- ------- X -- -- ... ;.... X 'X , XX X . , X X 100 200 300 X = Number of Rooms X Actual Data Points Fitted Curve Fitted Curve Equation: Ln(T) = 0.65 Ln(x) + 0.12 Trip Generation, 9th Edition + institute of Transportation Engineers 400 500 ______ Average Rate R2 = 0.56 600 Hotel (310) Average Vehicle Trip Ends vs: Rooms On a: Weekday, P.M. 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C-2 District Regulations SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. See. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi -Family Dwelling * Two -Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * C-2 District Regulations Educational Facilities, College/University Educational Facilities, Primary/Secondary Family Day Care Home Guidance Services Park and Ride Facility Post Office Public Assembly Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services Antique Shops Automobile Dealership Automobile Repair Services, Minor Automobile Rental/Leasing Automobile Parts/Supply, Retail Bed and Breakfast * 2 Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Convenience Store * Fuel Center * Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General 3 C-2 District Regulations C-2 District Regulations Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Adult Business * Automobile Repair Services, Major Car Wash * Commercial Indoor Amusement Dance Hall S C-2 District Regulations Equipment Sales and Rental * Manufactured Home Sales * Mini -warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213- 15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) See. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). 61 C-2 District Regulations b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. C7 C-2 District Regulations (Ord. No. 62293-12, § 10, 6-22-93) AG -1 District Regulations SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. See. 30-33-1. Purpose. (A) The AG -1, agricultural/rural low density district consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right -to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § lf., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-33-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Agricultural and Forestry Uses Agriculture Agritourism * Farm Brewery * Farm Distillery * Farm Employee Housing * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly Safety Services * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 2 AG -1 District Regulations AG -1 District Regulations 5. Miscellaneous Uses Amateur Radio Tower Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Commercial Feedlots 2. Residential Uses Alternative Discharging Sewage Systems 3. Civic Uses Camps * Cemetery Day Care Center Utility Services, Major 4. Commercial Uses Agricultural Services Antique Shops * Bed and Breakfast Inn Campgrounds Country Inn Golf Course Kennel, Commercial Special Events Facility 3 AG -1 District Regulations Studio, Fine Arts 5. Industrial Uses Composting * Custom Manufacturing * Landfill, Construction Debris * Landfill, Sanitary * Resource Extraction * 6. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8- 24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 082818-8, § 1, 8-28-18) Sec. 30-33-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 1.5 acres (65,340 square feet). b. Frontage: 150 feet on a publicly owned and maintained street. El AG -1 District Regulations 5 C. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 20 feet. b. Accessory structures: 20 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 20 percent of the total lot area. 2. Lot coverage: 40 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 5 Core: A future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally -based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. Land Use Types: General Retail Shops and Personal Services - Planned shopping centers and clustered retail uses are encouraged. These centers should incorporate greenways, bike and pedestrian trails into their designs and link them to surrounding neighborhoods. Office and Institutional Uses - Planned developments are encouraged. Limited Industrial Uses - Planned uses in areas designated as economic opportunity areas. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where commercial uses have been developed or will likely be developed. EXISTING ZONING - Locations where commercial zoning exists. ACCESS - Locations served by an arterial street system. POPULATION CENTER - Locations within close proximity to the projected population concentrations. URBAN SECTOR - Locations served by urban services. Page 1 of 1 Cecile Newcomb - [EXTERNAL] - Fwd: Rezoning request on Wildwood Rd. From: Glen Runions <glenrunions@gmail.com> To: <RJAMES@roanokecountyva.gov> Date: 7/28/2020 2:17 PM Subject: [EXTERNAL] - Fwd: Rezoning request on Wildwood Rd. On Mon, Jul 27, 2020 at 6:49 PM Glen Runions <glenrunions a,gmail.com> wrote: To whom it may concern, as a citizen of Wildwood Rd. I feel that there is a valid reason for not having a high traffic business like a motel where this one would be located. This is a small narrow, and winding road that receives a lot of traffic by vehicles, bicycles, and joggers. I truly feel that this is not the place for yet another motel to be located. A new motel is already being built almost directly across the road which will already add to safety concerns. I also believe that when people are traveling we tend to be a little disoriented and curious when arriving or leaving a motel which furthermore raises the concern of safety on this little country road for myself and others. Therefore I hope that the county will reconsider the rezoning request. Thank you for listening sincerely Glen. WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/CNEWCOMB/AppData/Local/Temp/XPgrpwise/5F203 C80P01_DOMAI... 7/29/2020 Citizen Comments prior to PCPH July 22, 2020 • Clarence Stump — Poor Mountain Rd. 0 380-2650 o If they run sewer, what about running it up further. I own a house and 3 lots at 2673 Wildwood. I'd like to get sewer up there. o Mr. Stump was advised to call the water authority. I explained to him that the developer pays to get sewer to his project. He thought that the County ran the sewer for free. • Clyde Bones 915-0702 o Time allowed for public comment 0 4.4 acres of undisturbed area — does that mean it will stay as is? o Can I send in a photograph? o Can I come to the meeting to speak? I don't have a computer or cable tv to watch it. From: Scott Repsher <sarepsher@yahoo.com> To: <planning@roanokecountyva.gov>, <djacks@roanokecountyva.gov> Date: 7/31/2020 12:56 PM Subject: [EXTERNAL] - Document for upcoming meetings on OM SHREE HOSPITALITY, LLC Attachments: Om Shree 1 p.pdf Please review and read our submissions, questions attached at both the Planning Commission and Board of Supervisors meetings, both. Thank you all Debra/Scott Repsher 2810 Gum Springs Road Salem, VA 24153 ********************************************************************** WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. 31 July 2020 Debra/Scott Repsher 2810 Gum Springs Road; Salem, VA 24153 Re: Om Shree Hospitality, LLC request for Hotel along Wildwood Road, Salem We have several concerns, 1. Due to grade and radius of turn into site from Wildwood Road, has there been considerations made for Fire Truck/Crew access? The turn, steep ascent will be a deterrent to the hotel access in an emergency. If a fire expands beyond the hotel structure there is a huge amount of undergrowth, tinder and tall wooded area that could close Wildwood Road in short order. 2. The undisturbed area labeled to SE of proposed hotel, does this have a set amount of years to remain Undisturbed or will we need to revisit its use in less than 5 years from now? This property can not be sold or used separately, is that correct? Tax id: 044.04-01-07.00 Per the Rental Ballroom. What noise ordinance is this going to be kept at since it is Commercial, not residential zoning? There are residences very close to this area, and noise carries across that knoll to the South, effecting the residential neighborhood on the south side of Wildwood Road. Case in point, while the adjacent quarry was in use, the noise level was substantial but was only during daylight hours. If this Ballroom and outside area are not held to strict 10pm Quiet Rules, this will be a very large issue with 40+ homes nearby. 4. We do not want to see Signage above X' Height when approaching our residential homes at the corner where Om Shree Hospitality land corners next to Skyview Road. This wooded area is what makes this area of the county near pristine. A sign visible from the interstate may be fine, but one that stands up over woods near where the Sewer/Water lines turn up onto property from Skyview will be unacceptable. Also, signage along Wildwood Road should be kept at similar size compared to others already in place. Sign for turn in to site should not be over 12 square feet. We also need to know the Lighting of turn in area, whether a lit sign internally or large floodlamps, which will affect residences directly across from the hotel entrance. 5. Stormwater Management Area: Is there a design for this? Will excess water be allowed to flow along Wildwood to Skyview or be routed under Wildwood? How long will Wildwood be closed to facilitate the excavation? 6. Does Cole Hollow Branch have capacity to carry this new cleared site runoff? Now this creek is routinely over its bank at and behind the hotel on other side of Wildwood (under construction) and is backing up water onto Litchell, Brogan and Gum Springs Roads due to constriction. This poses access issues to these neighborhoods due to their low-lying bridges crossing this Branch. 7. Safety: The dangerous Quarry drop-off adjacent to NW corner of Om Shree site, will there be an 8- 12 foot tall fence put in to keep children/adults from falling into this area? (other than quarry site fencing left after quarry closed down.) 8. Safety: Fire Concern 2 .... if there is a fire onsite, and it expands to woods or road area, there is a Small one way in, one way out! This would trap customers on the site. There needs to be a right of way, access, or fire egress route. This is beyond dangerous as the site is 95%+ surrounded by wood, fuel! 9. Is there a size limit to Hotel Guests, and does that include those allowed to use the Rental Ballroom? If parking is sufficient for guests, where will Ballroom guests park? We want to ensure there are no vehicles allowed to park along Wildwood nor in the old quarry exit, nor on private property on the south side of Wildwood. 10. Retaining Walls are shown in key spots of the Plot. What are they? Construction material, and Height? What are they to retain? 11. Do we have assurance that the Om Shree site access road will not be used for other facilities, businesses behind/around their hotel? 12. Restaurant onsite? Parking for same? Again we want to not have issues with vehicles parked on Wildwood Road nor private property adjacent. 13. Landscaping: During winter, when trees defoliate, light and site pollution of hotel will be visible. Om Shree needs to plant Evergreens to keep their commercial site less visible to our residences across Wildwood to the south. Thank you for your time. We do not stand in the way of progress, but do want to point out that this commercial site is for Om Shree and Its Guests only. This does not benefit Roanoke County residents in one way. Progress here is for Om Shree alone, and we wish to verify the above to keep their benefit from becoming our detriment. Debra, Scott Repsher �elra, C�cof� �e�i. direr 540 387 0213 Page 1 of 1 Susan McCoy - [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC From: sarepsher <sarepsher@yahoo.com> To: <planning@roanokecountyva.gov>, <djacks@roanokecountyva.gov> Date: 7/31/2020 2:06 PM Subject: [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC Also pertinent 14.) What if any accommodations for native wildlife is there? 15.) This access will impinge, impede and focus traffic from Brogan Lane. Will additional lighting be installed to illuminate the new traffic pattern? 16.) We would request traffic enter site from Skyview. Traffic is lighter and pattern is set at the existing stop sign there. Also, Sewer and water will need access from SE corner of property, road would make more sense there Scott Repsher 540 339 2882 -------- Original message -------- From: Scott Repsher <sarepsher@yahoo.com> Date: 7/31/20 12:56 PM (GMT -05:00) To: planning@roanokecountyva.gov, djacks@roanokecountyva.gov Subject: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC Please review and read our submissions, questions attached at both the Planning Commission and Board of Supervisors meetings, both. Thank you all Debra/Scott Repsher 2810 Gum Springs Road Salem, VA 24153 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file :///C :/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F2425 64PO2_DOMAINM-Z_... 7/31/2020 Page 1 of 1 Susan McCoy - [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC From: sarepsher <sarepsher@yahoo.com> To: <planning@roanokecountyva.gov>, <djacks@roanokecountyva.gov> Date: 8/2/2020 10:28 PM Subject: [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC 17.) Sewage? Due to proximity to Salem City, will the Roanoke County sewage generated on this site be pumped into, or flow to, Salem City sewage treatment plant? Have considerations been made to alert city residents of any cross flow from County into City systems? Thank you Scott Repsher 540 339 2882 -------- Original message -------- From: sarepsher <sarepsher@yahoo.com> Date: 7/31/20 2:06 PM (GMT -05:00) To: planning@roanokecountyva.gov, djacks@roanokecountyva.gov Subject: Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC Also pertinent: 14.) What if any accommodations for native wildlife is there? 15.) This access will impinge, impede and focus traffic from Brogan Lane. Will additional lighting be installed to illuminate the new traffic pattern? 16.) We would request traffic enter site from Skyview. Traffic is lighter and pattern is set at the existing stop sign there. Also, Sewer and water will need access from SE corner of property, road would make more sense there Scott Repsher 540 339 2882 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C :/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F273E 11P02_DOMAE%M-Z_... 8/4/2020 Page 1 of 1 Susan McCoy - [EXTERNAL] - Om Shree Hospitality, LLC Comments From: Luke Foster <foster23139@gmail.com> To: <planning@roanokecountyva.gov> Date: 8/4/2020 12:21 PM Subject: [EXTERNAL] - Om Shree Hospitality, LLC Comments Attachments: newman-20190219 (1).pdf To whom it may concern, My name is Luke Foster and I own the property located at 2768 Wildwood Rd, Salem, VA 24153. I am in support of this proposal, however I do have a couple of comments to present. While I know "Exhibit A" is preliminary, I have spotted a couple of mistakes that were made when creating this plan. First of all, the tax ID for both my property, and the neighboring piece of vacant land are both wrong on "Exhibit A". The piece of vacant land between my property and the property owned by Norford, Jennifer & Parsley, Danette is also listed on this plan with the incorrect owner information, as it is currently owned by a subsidiary of the Wilkinson Development Corp., not Kane, Danny & Sonja. Lastly, my property line that borders what is referred to as the "stormwater management area" on "Exhibit A" is shown incorrectly. I have attached a copy of a recent survey of my property that shows this property line extending farther into the stormwater management area. I would like for this to be addressed to ensure that no intrusions are made onto my property, and that there is adequate space for the proposed road, retaining wall(s), and stormwater management area. Thanks, Luke Foster WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file :///C :/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F2952C7PO2_DOMAE%M-Z_... 8/4/2020 19029base-layout ! TAX 1044.04-01-12.00 GRAPHIC SCALE J. FLETCHER SMOAK, Jr. INSTRUMENT 1201506693 30' 0 30' TRACT "B' - BRUSHY MOUNTAIN' P.B. 10, PG. 73 SCALE: 1" = 30' S 36 45'00' E 90.00' (DEED) BARB BARE FENCE x—x—x—x­x*'—' EX. WH MON. — x -S 3673'47' E- 103 51' ACNAL - _ O O - 0 501.51' EX IRON II EX. IP EX. IP + PIPE I A 1313/70' 0 441.81' yJ i o w CONCRETE Y768 LEGEND $ PAD TAX #044.04-01-10.00 D.B. EX. DEED BOOK EXISTING BRICK zo ROBERT D. & JUDY L NEWMAN P.B. PLAr Boat A= 545'13" `� R= 974.60' 47.2 INSTRUMENT #201807868 g o R/. RIGHT G WAY es 0.4948 AC. DRIVE TS CHD. 97.83' EX. 1 g . � 21,554 S.F. ��� ISN��I 2588'. STONE WALL WOVEN WERE/x x—x- 14.0' &2'X ED 7' FENCE I x 29.26. x Z x Z w % 7O(� 27.19' 4Zy . ct 10.2' Xr X11.9' w m 'WED IIII Q�'6'pi u $ RE7 �CREjp X 10.1 + A/p��yC I&1' TAX 1044.04-01-09.00 JAMEST0101 CORPORA 19.3` pygu SHED \ J TRUMEN 12007087 17.4` OFA j4—B1�5, 2001 yJ i o w CONCRETE Y768 RETAINING WALL $ PAD EX. 1 STORY �v D csp, Ct COVERED BRICK zo o DWiLUNG UNIT 16.25• A= 545'13" `� R= 974.60' 47.2 36.0' o T= 48.98' L= 97.87' ASPHALTB es BRG N 3352'23' W DRIVE TS CHD. 97.83' EX. 1 g I N ��� ISN��I 2588'. STONE WALL o �' J CHAIN NK FENCE SET IP — SONE WA0 201-36_ — '540' TO p, �NNLTH 0 4— F °0 5 SKYWEW'ROAD U{� _ C1 N 36745–'00- W LARRY THOMAS — - _ — — ` — OGLE. R. � i9ILDW00D ROAD — — — � r — — — — — 0.21,,71%1' ,err – VA ROUTE 619 ASPHALT c No. 0,0r�2459 (30' PRESCRIPTIVE R/W) PAVEMENT PLAT SHOWING TAX #044.04-01-10.00 0.4948 AC. (21,554 S.F.) PROPERTY OF ROBERT D. & JUDY L. NEWMAN SITUATED AT 2788 WILDWOOD ROAD CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA NOTES 1. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE LIMITS OF A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATEMAP AND HAS NOT BEEN VERIFIED IN THE FIELD. SEE MAP NUMBER 51161CO136G, DATED SEPTEMBER 28, 2007, ZONE X SHADED". 2. THIS PLAT WAS PREPARED IW7HOUT THE BENEFIT OF A CURRENT TITLE REPORT AND ENCUMBRANCES MAY EXIST WHICH AFFECT THE PROPERTY THAT ARE NOT SHOWN HEREON. J. CURRENT OWNER. ROBERT D, & JUDY L. NEWMAN. LEGAL REFERENCE.• 1NS7RUMENT 1201807868. 4. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. DATE. February 14, 2019 SALE Lumsden Associates, P.C. 1" = 30' t ENGINEERS I SURVEYORS I PLANNERS COMM. NO.: 2019-029 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM w:\drawings\2019\2019-029\01-rad\07-curvavinn\ni-hacu\lomon�ce .a,.,., tV U 2 �1 2 Q p � C � " `� � � • �: Ute.. CJ "+ LJ,. (� Ll tai 'l — C C5 rNo ca 1 1 44II� � ..jam 0 rI cc i cn Q N CD T U cc It O O O O Q 0 T Q 0 0 c m U 40 ui C> 0 0 O O 9 IR T O 0 0 Q. i q � � 4'` T A�Q U Y J 1 —77 Cf" V ` f L a pOANq� ROANOKE COUNTY C :t PLANNING COMMISSION Y838 Mr. Rick James, Chairman Vinton District Mr. Wayne Bower, Vice -Chairman Hollins District Mr. Troy Henderson Catawba District Mr. Kelly McMurray Cave Spring District Mr. Jim Woltz Windsor Hills District TUESDAY, AUGUST 4, 2020 - 7:00 P.M. PUBLIC HEARING - MCE OWNER OCCUPIED, LLP NAME: k� Pokj\ STREET ADDRESS: � (-1 � M COMMENTS: PO Box 29800, Roanoke, VA 24018 * Phone (540) 772-2065 * Fax (540) 776-7155 V C c_� 1 C C7� 1 W C(f S 1 1 1S Q �ZQ l QV/ .A-) aA I Yl 1 Q �Pse, 0 z ` 3 Y V r Do 0 Q ' PO Box 29800, Roanoke, VA 24018 * Phone (540) 772-2065 * Fax (540) 776-7155 Page 1 of 1 Susan McCoy - [EXTERNAL] - Rezone meeting From: Jeannie Cornett <jeannie_comett@yahoo.com> To: "planning@roanokecountyva.gov" <planning@roanokecountyva.gov> Date: 8/4/2020 8:38 PM Subject: [EXTERNAL] - Rezone meeting An overabundance of hotels attracts prostitution, drug dealers and drug users. The areas increase in crime won't be reduced by having yet another hotel packed in adjacent residential properties. I have been panhandled at the exit by people staying at the hotel on Skyview. As it is we are constantly pestered with traffic that turns on our road (Gum Springs) asking for directions orjust driving through. We have had robberies, mail stolen and we do not need another hotel. Was the traffic tested or observed during Covid as this would not give accurate picture of normal traffic. I understand Litchell Rd will be absorbed by the interstate and the residential traffic is going to be routed onto Brogan Lane to exit onto Wildwood. Jeannie and Robert Cornett WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/smccoy/AppData/Local/Temp/XPGrpWise/5F29C763PO2_DOMAE%M-Z_... 8/5/2020 Page 1 of 1 Susan McCoy - [EXTERNAL] - traffic comment From: Jeannie Cornett <jeannie_comett@yahoo.com> To: "planning@roanokecountyva.gov" <planning@roanokecountyva.gov> Date: 8/4/2020 8:41 PM Subject: [EXTERNAL] - traffic comment The brick yard ran during daylight hours and did not run we were coming home they were not running. WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/smccoy/AppData/Local/Temp/XPGrpWise/5F29C80CP02_DOMAE%M-Z_... 8/5/2020 Page 1 of 2 Susan McCoy - [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC From: sarepsher <sarepsher@yahoo.com> To: <planning@roanokecountyva.gov>, <djacks@roanokecountyva.gov> Date: 8/5/2020 5:32 PM Subject: [EXTERNAL] - Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC Per last nights meeting and the point being brought pertaining to protected, endangered Timber Rattlesnakes on this Wildwood Road property, we forwarded a request of study to the Virginia Herpetological Society. We request that the Board of Supervisors have this study in process to be delivered on or after the 25 August meeting focused on OM Shree's rezoning of this parcel. The area along existing hotel on Skyview, over the raised ground to the quarry and down to Wildwood Road is a haven for these snakes. Have seen piles of snakes in these woods in cool weather and in summer heat we can clearly see them from the road, crossing the road or in hikes up that hill. In the quarry area one can see them sunning themselves. They routinely hunt on the south side of this road and patrol our yards and fields. In order to protect this habitat would it be advisable to get a study done prior to a final approval or clearing of the site? Thank you very much. Debra/Scott Repsher 2810 Gum Springs Road Salem, VA 24153 540 339 2882 Original message - From: sarepsher <sarepsher@yahoo.com> Date: 8/2/20 10:28 PM (GMT -05:00) To: planning@roanokecountyva.gov, djacks@roanokecountyva.gov Subject: Re: Document for upcoming meetings on OM SHREE HOSPITALITY, LLC 17.) Sewage? Due to proximity to Salem City, will the Roanoke County sewage generated on this site be pumped into, or flow to, Salem City sewage treatment plant? Have considerations been made to alert city residents of any cross flow from County into City systems? Thank you file:///C:/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F2AED32PO2_DOMAE%M-Z... 8/6/2020 Page 2 of 2 Scott Repsher 540 339 2882 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F2AED32PO2_DOMAE%M-Z... 8/6/2020 Page 1 of 1 Susan McCoy - [EXTERNAL] - Wildwood Road rezoning, OM Shree From: sarepsher <sarepsher@yahoo.com> To: <planning@roanokecountyva.gov> Date: 8/6/2020 1:31 PM Subject: [EXTERNAL] - Wildwood Road rezoning, OM Shree Cc: <djacks@roanokecountyva.gov> Per our recent issues lists to the Planning Commission as well as Board of Supervisors emails and presentation via our neighbor Mr. Clyde Bones, we have contacted a group of individuals from or associated with the Virginia Herpotological Society. As mentioned we would like to see a study of these protected animals, reptiles on this site and affected lands. In order to provide this study they will need to be granted a window of time and physical access to the area to be rezoned. Goal is to count numbers, nesting sites, types of protected wildlife across the area to be disturbed. Wildlife on site is surrounded by residential and agricultural zoned lands. None of us disturb nor interfere with them. We routinely see them in this area. We do not wish them disturbed, moved nor killed as they were when Skyview Road zoning caused clearcutting decades ago. Thank you all, once again for your consideration of this point. We are fortunate indeed to see so many rare species in amongst us. It is noble to observe and enjoy them'at work.' We will provide the Contact you send me to the individuals involved in any study and copy you in as well. Debra/Scott Repsher 540 339 2882 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file :///C :/Users/smccoy/AppData/Local/Temp/XPGrpWi se/5F2C 062DP02_DOMAE%M-Z_... 8/6/2020 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 25, 2020 ORDINANCE REZONING APPROXIMATELY 9.99 ACRES FROM AG -1 (AGRICULTURAL/RURAL LOW DENSITY) DISTRICT TO C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT FOR THE CONSTRUCTION OF A HOTEL/MOTEL/MOTOR LODGE, LOCATED NEAR THE 2700 BLOCK OF WILDWOOD ROAD AND THE 1700 BLOCK OF SKYVIEW ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NOS 044.04-01-07.00- 0000 AND 044.04-01-12.00-0000) WHEREAS, Om Shree Hospitality, LLC is requesting to rezone approximately 9.99 acres (located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, in the Catawba Magisterial District) from an AG -1 (agricultural/rural low density) district to a C-2 (high intensity commercial) district, for the construction of a hotel/motel/motor lodge; and WHEREAS, the first reading of this ordinance was held on July 28, 2020, and the second reading and public hearing were held on August 25, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 2020; and WHEREAS, the Planning Commission recommends approval of the petition as requested; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: The petition of Om Shree Hospitality, LLC to rezone approximately 9.99 acres (located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, in the Catawba Magisterial District) from an AG -1 Page 1 of 2 (agricultural/rural low density) district to a C-2 (high intensity commercial) district, for the construction of a hotel/motel/motor lodge, is approved; 2. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not result in a substantial detriment to the community. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 Peter S. Lubeck COUNTY ATTORNEY ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 SAMPLE MOTIONS Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS The petition of Om Shree Hospitality, LLC to rezone approximately 9.99 acres from AG -1 (Agricultural/Rural Low Density) District to C-2 (High Intensity Commercial) District for the construction of a hotel/motel/motor lodge, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District MOTION APPROVING I find that the proposed rezoning request: 1. Is consistent with the purpose and intent of the County's adopted comprehensive plan and good zoning practice, and 2. Will not result in substantial detriment to the community. I therefore MOVE THAT WE APPROVE the rezoning request as it has been requested. MOTION DENYING I find that the proposed rezoning request will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the rezoning request as it has been requested. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board.