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Home My WebLink About9/25/2007 - Regular Roanoke County Board of Supervisors Agenda September 25, 2007 Please be advised that this Board meeting will be held at the former Roanoke County Public Safety Center, 3568 Peters Creek Road, Roanoke, VA 24019. NOTE: At 12:00 Noon, the Board of Supervisors is scheduled to tour the Wolf Creek Subdivision, William Byrd High School, and East County facilities. The tour will begin at the Former Public Safety Center, 3568 Peters Creek Road. Good afternoon and welcome to our meeting for September 25, 2007. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7:00 p.m. and on Saturdays at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation commemorating the 35th anniversary of Leisure Publishing D. BRIEFINGS 1 E. NEW BUSINESS F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of ordinance to rezone 0.804 acre from R-2, Medium Density Residential District, to C-1, Office District, for the construction of an office building, located near the intersection of Pleasant Hill Drive and Route 221, Windsor Hills Magisterial District, upon the petition of Kenneth S. Gusler, Jr. 2. First reading of an ordinance to rezone 1.421 acres from R-3, Medium Density Multi-Family Residential District, to C-2, General Commercial District, for the operation of an extended stay hotel, located near the intersection of Hershberger Road and Oakland Boulevard, Hollins Magisterial District, upon the petition of Auslo, Inc. 3. First reading of an ordinance to rezone 2.917 acres from 1-1 C, Industrial District with Conditions, to C-2, General Commercial District, for the construction of an administrative services building, located near the intersection of Valleypointe Parkway and Valleypark Drive, Catawba Magisterial District, upon the petition of Timberbrook Properties III, LLC. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the creation and conveyance of a new sanitary sewer easement to the Western Virginia Water Authority through Green Hill Park in order to provide sewer service for GCT Development, LLC, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) I. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by district) 2. Clean Valley Council 3. Economic Development Authority 4. Grievance Panel 5. Western Virginia Water Authority Board of Directors 2 J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes for July 24, 2007 (joint meeting); July 24, 2007, and September 11, 2007 2. Request from the Fire and Rescue Department to accept and appropriate $21,000 in grant funds from the Virginia Department of Health for the purchase of cardiac monitors 3. Request from Fire and Rescue Department to accept and appropriate $84,960 in grant funds from the Department of Homeland Security for the purchase of physical fitness equipment 4. Request from the Police Department to accept and appropriate $35,597 from the FY 2007 Edward Byrne Memorial Justice Assistance Grant Program for classroom and field training 5. Request from the Schools to accept and appropriate grant funds in the amount of $53,119.04 K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid - August 2007 5. Statement of expenditures and estimated and actual revenues for the month ended August 31,2007 3 O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of appointment and performance of specific public officers to regional boards and commissions. P. WORK SESSIONS 1. Work session regarding Virginia Department of Transportation (VDOT) Photo- Red Program. (John Chambliss, Assistant County Administrator; Ray Lavinder, Chief of Police) 2. Work session to discuss issues related to zoning enforcement. (Elmer C. Hodge, County Adm inistrator) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCE 1. CONTINUED UNTIL OCTOBER 23, 2007, AT THE REQUEST OF THE PETITIONER. Second reading of an ordinance to obtain a Special Use Permit to operate a construction yard in an AV, AgriculturalNillage Center District, on 1.87 acres, located at 2914 Jae Valley Road, Vinton Magisterial District, upon the petition of McNeil Asphalt Maintenance, Inc. (Philip Thompson, Deputy Director of Planning) 2. Second reading of an ordinance to rezone 15.67 acres from C-1 C, Office District with conditions, to PTD, Planned Technology Development District, for the operation of an office and assembly of technological/engineered products, located at 1325 Electric Road, Windsor Hills Magisterial District, upon the petition of Fralin & Waldron Commercial Rental. (Philip Thompson, Deputy Director of Planning) 3. Second reading of an ordinance amending the Roanoke County Code by the adoption of a new Chapter 23. Stormwater Management, amending Section 8.1-5. "Local Erosion and Sediment Control Program", repealing Section 500 of the "Design and Construction Standards Manual", adopting a new "Stormwater Management Design Manual", and providing for an effective date. (Arnold Covey, Director of Community Development) 4 T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Michael A. Wray 4. Joseph B. "Butch" Church 5. Joseph P. McNamara v. ADJOURNMENT 5 ACTION NO. ITEM NO. ~-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Proclamation commemorating the 35th anniversary of Leisure Publishing SUBMITTED BY: Elmer C. Hodge County Administrator SUMMARY OF INFORMATION: Leisure Publishing, publisher of The Roanoker magazine, celebrates its 35th anniversary this year. Leisure has been located in Roanoke County for thirty years, employs more than 50 people throughout the Roanoke Valley, and is consistently recognized for the quality of its publications. Leisure publishes eighteen titles annually and four periodicals: The Roanoker, Blue Ridge Country, Mountain Homes Southern Style, and Coastal Homes Southern Style. Additionally, Leisure and its founder, J. Richard Wells, have generously supported the work of various organizations and civic causes, including the Western Virginia Land Trust, Friends of the Blue Ridge Parkway, Virginia's Explore Park, and the beautification of Brambleton Avenue. The Board of Supervisors will present Leisure Publishing with a proclamation commemorating its anniversary and expressing appreciation for the company's contributions to the community. J. Richard Wells, Owner and Founder of Leisure Publishing, plans to be present and will accept the proclamation on behalf of Leisure Publishing. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, SEPTEMBER 25, 2007 PROCLAMATION COMMEMORATING THE 35th ANNIVERSARY OF LEISURE PUBLISHING WHEREAS, Leisure Publishing launched in 1972 and has been located in Roanoke County for 30 years; and WHEREAS, Leisure Publishing has maintained an exceptional reputation throughout the Southeast, receiving wide acclaim for the quality of its publications and the company's commitment to clients and consumers; and WHEREAS, The Roanoker, first published in 1974, is now Virginia's longest running city magazine, currently reaching over 68,000 bi-monthly readers; and WHEREAS, Leisure Publishing annually publishes 18 titles including the Virginia Travel Guide and four periodicals: The Roanoker, Blue Ridge Country, Mountain Homes Southern Style, and Coastal Homes Southern Style; and WHEREAS, Leisure Publishing is an influential and respected member of the business community, employing more than 50 people throughout the Roanoke Valley; and WHEREAS, J. Richard Wells, owner and founder, gives generously of his time to numerous causes, supporting the work of various organizations with a focus on the environment including the Western Virginia Land Trust, Friends of the Blue Ridge Parkway, and Virginia's Explore Park; and WHEREAS, Leisure Publishing's achievements have been recognized with a Small Business of the Year Award from the Roanoke Regional Chamber of Commerce and a Fantastic 50 Award from the Virginia Chamber of Commerce. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby issue this proclamation to commemorate the 35th ANNIVERSARY OF LEISURE PUBLISHING, extend congratulations to Leisure Publishing for its extraordinary success, and express deep appreciation for the company's many contributions to the community. 2 ACTION NO. ITEM NO. F-LI-3) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25,2007 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY: Elmer C. Hodge t! f( County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 23.2007. The titles of these ordinances are as follows: 1. The petition of Kenneth S. Gusler, Jr. to rezone 0.804 acre from R-2, Medium Density Residential District, to C-1, Office District for the construction of an office building, located near the intersection of Pleasant Hill Drive and Route 221, Windsor Hills Magisterial District. 2. The petition of Auslo, Inc. to rezone 1.421 acres from R-3, Medium Density Multi-Family Residential District, to C-2, General Commercial District for the operation of an extended stay hotel, located near the intersection of Hershberger Road and Oakland Boulevard, Hollins Magisterial District. 3. The petition of Timberbrook Properties III, LLC to rezone 2.917 acres from 1- 1 C, Industrial District with Conditions, to C-2, General Commercial District for the construction of an administrative services building, located near the intersection of Valleypointe Parkway and Valleypark Drive, Catawba Magisterial District. 1 Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1-3 and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 Pz-Olo J06~, F -I County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date received: P- Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 (_,I""" Placards issued: Case Number Check type of application filed (check all that apply) ~Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review , Applicants name/address wlz, ip li~ Kenneth S. Gus ler 4800 Pleasant ill Roanoke, VA 24018 Jr. Phone: Work: Cell #: Fax No.: 540-989-7900 Owner's name/address wlzip Same Phone #: Work: Fax No. #: Pro~ert..Y LocJ!tion k ~.w. Koano e, County Pleasant Hill Drive Magisterial District: Windsor Hills Community Planning area: 86.08-4-13.1 Existing Zoning: R-2 Existing Land Use: Single Family Residence ",':.> ':-',,",'--':> -......... '. . ". '. APPLICANTS (RJS/W/CP) .' Proposed Zoning: Proposed Land Use: C-I Office Buildin Does the parcel meet the minimum lot area, width, and frontage requirements oflhe requested district? Yes X No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes X No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No ('-' .-.,' -;',,';_",..-, ,. ....:.".;: ,,'~}~"- '_,,:':,',:',"",':")J,:-:_:;.'-:./:. " . _. ,,", .' _, :': . ,::_: VARIANCE, WAIVER AJI!D AiJ-MINIsrk4TIVE APPEAL APPLICANTS (V/WIAA) Variance/Waiver ofSection(s) ofthe Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal ofInterpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSfWlCP V/AA ~ Consultation Application Justification I hereby certify that I am either the owner of the pr of the owner. owners ~ ledrfnd c. on, en at~ cS> 2 Roanoke County Real Estate Data Page 1 of 1 County of Roanoke,Virginia 'j~-,/":;:,>;,,,!,/,',;r~L::~,'::;-"2:iU~~' .; "":' ',.., r _, ,'_ .' ;.....,,_,_.~",'. ': ".. ','_ ';01 " " . '.,' ~ .1 ',I n ""',"'" -. " ... .: ", ''..:: ~ "i: -:;.' ;:.;'i..:/" ~:~ :;..'(,::" ';" ..",~';:-,; '_~,,,? '. 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Parcel Id: Of\6Oi)-04-130 1-0000 Property Address: 4806 PLEASANT HILL DR Unit# Building Name: Owner Name: GUSLER KENNETH S JR Billing Address: 4800 PLEASANT HILL DR Deeded Acre (AC) or Lot (LT): 0,8 AC Calculated Acreage: ROANOKE VA 24018 In Land Use: N Legal Description: CAVE SPRING ON PLEASANT HILL DR Neighborhood: 70012 Use Model: SINGLE FAMILY RESIDENCE Appraiser: 20 Year Built (Est): 1983 Style: CONTEMPORARY County Utilities: W A TERlSEWER Billing Type Class: Not :i1llJlrlities illcluded, See Help, 2007 Land Value: 2007 Building Value: 2007 Total Market Value: $47,300 $145600 Click hen: for , 2007 Values $192,900 Transfers Instrument References Year/Month Sales Price Type Number PLAT 016901450 199906 $150,000 DEED 016240046 199410 $132,000 DEED 014590047 198807 $114,000 DEED 012871763 200103 $0 DEED 016901447 199905 $0 DEED 000571116 Foundation: CONT FOOTING Sub Floor: PLYWOOD Floor Cover #1: HARDWOOD Floor Cover #2: CARPET Interior Wall #1: PLASTER Interior Wall #2: Exterior Wall #1: WOOD ON SHEA T OR P Exterior Wall #2: Commercial Structure Frame: Fire Place Description: I STY SINGL Roof Structure: IRREG/CA TH Roof Cover: ASP/COMP SHNG Heat Fuel: ELECTRIC Heat Type: HEAT PUMP Air Condition Type: CENTRAL # Apartment Units: Jurisdiction: COUNTY Help Card Number: nO] or 001 Magisterial District: WINDSOR HILLS Census Block: 511610307013000 Flood Certificate: Zoning: R2 Zoning Conditions: Bed Rooms: Lower 0, Base 3, Upper 0, Total 3 Full Baths: Lower 0, Base 2, Upper 0, Total 2 Half Baths: Lower 0, Base 0, Upper 0, Total 0 Sub Area Description BASE WOOD DECK GARAGE-FINISHED UPPER STORY-FINISHED Sq. Ft. 1820 408 576 :'\!OT1CE: E\'cry clTllrl i'-i made LO produ..:c and publish the ll1uq current nnd ,Kcurmc inJ"l1rllwtlOJl p()ssihk. ~ll \\'arraJltic-s, l',':prc:ssc:d or imr1i\'d.. ~Hc fWU\"idcd (~H' lhc cLlla herctn.. its use l)! ii~ intcrprClt.l1ion. In ~lll in:1t;'LJ1CL'~ lllL' oflll'ial cO\lnJy rCL'ords Sh~lll be (.'O!lSliJll2d (or \LTifll',alil)ll o( dal:l. http:// eservices.roanokecountyva.gov/engineer/re/aJl2.asp?ParcelId=086.08-04-13.01-0000... 8/10/2007 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant Kenneth S. Gussler Jr. The Planning Commission will study rezoning and special use permit 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 Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Applicant intends to construct a 2-story brick and frame office building, similar to the one he built next door. The site is one block off U.S. Route 221, a major arterial highway adjoining several residential neighborhoods and will provide an effective buffer between those areas and the general commercial and retail uses along Route 221. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Applicant intends to build a general use office building to house businesses and professionals who can provide services to the surrounding neighborhoods such as CPA's, Insurance Companies, Counselors and similar low impact services. 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. Applicant believes the proposed building will have minimal impact on the surrounding area. There is to be no impact on parkslrecreation and based on proposed hours of operation and preliminary traffic analysis, existing roads will be able to handle the expected traffic. There are several fire hydrants in the area as well as water and sewer lines. Access will be through a shared entrance with adjoining office building. Comm: 2003-398 The following is a deed description for Roanoke County Tax Parcel 86.08-4-13.1, property of Kenneth S. Gusler, Jr. to be rezoned from R-2 to C-1. The description is as follows: BEGINNING at Corner #1, said point located on the southerly right-of-way of Pleasant Hill Drive, said point also being the northwesterly corner of Titan Park, LLC; thence leaving Pleasant Hill Drive and with Titan Park, S 230 05' 13" W, 258.95 feet to Corner #2, said point located along the northerly boundary of Estel D. & Susan K. Singleton; thence leaving Titan Park and with Singleton, N 73055' 42" W, 120.20 feet to Corner #3, said point located along the easterly boundary of James R. Paynter, et ux, and said point also located along the right-of-way of Lange Lane, SW; thence leaving Lange Lane and with Paynter, N 170 05' 48" E, passing the northeasterly corner of Paynter at approximately 85 feet, in all 252.42 feet to Corner #4, said point located on the southerly right-of-way of Pleasant Hill Drive and said point also being the noreasterly comer of Sowder & Lochner property; thence leaving Sowder and Lochner and with Pleasant Hill Drive for the following 2 courses; thence with a curve to the right, which said curve is defined by a radius of275.00, an arc length of68.41 feet, a chord of68.24 feet and bearing S 860 11' 14" E, to Corner #5, thence S 660 57' 37" E, 81.23 feet to Corner #1, the place of BEGINNING and containing 0.804 acres. ADJACENT PROPERTY OWNERS COMM: 2003-398 Tax Map Number: 086.08-04-12 Name: Titan Park, LLC Address: 4800 Pleasant Hills Drive Roanoke, VA 24018 Current Zoning: C-1 Tax Map Number: 086.08-04-14 Name: A. Ray Sowder & Roy G. Lochner Address: 6484 Poage Valley Road Ext. Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-04-15 Name: James R. & Martha E. Paynter Address: 4820 Pleasant Hills Drive Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-04-16.3 Name: Estel D. &Susan K. Singleton Address: 4819 Lange Lane Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-04-16.4 Name: Kim H. Essington Address: 4815 Lange Lane Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-04-16.5 Name: Michael & Frances M.Driscoll Address: 4811 Lange Lane Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-04-16.6 Name: William R. & Ashley N.Steigerwa1d Address: 4807 Lange Lane Roanoke, VA 24018 Current Zoning: R-2 Tax Map Number: 086.08-06-06 Name: Vera Galloway Address: 4795 Chippenham Drive Roanoke, VA 24018 Current Zoning: R-l Tax Map Number: 086.08-06-07 Name: Ronald D. & Michelle K.Brandt Address: 4796 Chippenham Drive Roanoke, VA 24018 Current Zoning: R-l Tax Map Number: 086.08-06-08 Name: Chang Family LLC Address: 1716 Rubley Lane Salem, VA 24153 Current Zoning: C-l Western Virginia Water Authority Water/Sewer Availability Application Date: ~L=-LlJ Applicant: J~._~UU~:L\d:__~L_~_Ld-~.k~12- I J12- Mailing Address: __4.~_J~I~~:r._-W ILLS t.7e. j2.Q~1:bk.~_I-~A__~go 18 Phone: L~4Q)---'1B=1=--1 =t 00 Cell: _______________________ Fax: ________________________ Property Address: __lt~f..2._fkEA~+--W1-k~"'2-1:7tz.. City or Cou nty: ~~Q~g.__GeIdb!:r_':(------------- Tax Map Number(s): _Q_e._(R_LQ&---=-Q_4_~_12!.Q_L_______ Development (Subdivision) Name: -.li~tJ--M.ek.-1JI----- Single Residential, Duplex, Multi-Residential, Subdivision, or Commercial Facility? Col-'ll--1bl2L.Ib-L, fAG~" (9~12Al, Ot:~\GE:) Water Meter Size Requested: _______~4~~____________________,_ II Sewer lateral Size Requested: _____(,g___________________________ COMPLETE THE FOllOWING FOR NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES Domestic Flow Required? ** ___-=1~Q______GPM ** (Attach completed "Sizing Water Service Lines and Meters" Form AND "Non-Residential Sanitary Sewer Checklist", blank forms available on website under "Engineers" section) Is Building to be Sprinkled? YES ~ Minimum Fire Flow Required? ___bJ.iA.___GPM Return to: David Barnhart, Utility Planner, Phone: 540-853-1588 Via Mail: Fax: E-mail: Website: 601 South Jefferson Street, Suite 300 Roanoke, VA 24011 540-853-1017 David. B ar n ha rt(a2wes te rnva wate r .org westernvawater.org Rev. 1/29/07 Western Virginia Water Authority Sizing Water Service Lines and Meters Development: ..::J]---r A U fA ~ IT Type of Occupancy: ~~t.?~l- ~IGt:. Plumbing Fixture Bathtub Bedpad Washers Combination Sink& Tray Dental Unit Dental Lavatory Drinking Fountain - Cooler Drinking Fountain - Public Sink 1/2" Connection 3/4" Connection 3/8" Connection 1/2" Connection 1/2" Connection 3/4" Connection Lavatory Laundry Tray Shower Head (Shower only) Pedistal Flush Valve Wall Flush Valve Trough ( 2 foot unit) Wash Sink ( each set of faucets) Urnial - Water Closet - Flush Valve Tank Type 1/2" connection 3/4" connection Washing Machine - 1/2" connection 3/4" connection 1" connection Dishwasher - Hose Connection (Wash Down) Hose (50 foot Wash Down) 1/2" 3/4" 1/2" 5/8" 3/4" No. of Fixtures "I --L- ~ ..., 'l. 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 linut 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 accep~ed in a rezonil1g 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 plarmer. The level of detail may vary, depending on the nature ofthe request. The County Planning Division staff may exempt some of the items or suggest the addition of extra item':>, but the following are considered minimum: AIf-APPLICANTS ~ a. Applicant name and name of development /' b. / / d. ./ e. ./ f / g. ./ h. /' L ~ J. Date, scale and north arrow c. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zonmg and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS ,/ k. / 1. / m. ./ n. / o. / p. L q. Existing utilities (water, sewer, storm drains) and cormections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule ch,ckli" abov' a;o compl,',_ ~ t,\ieMwn 0VS 8((0/07 Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA nON 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 infOlmation is presented at the public hearing. Ifit is the opinion of the majority of the Plmming Commissioners present at the scheduled public hearing that sufficient time was not available for plarming 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 plarming 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 ifthe County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). TIllS 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 afthe continuance and the newly scheduled public hearing date. Effective date: April 19,2005 \~ ~US g ~O 0 I ate 9 "'"1.~-:>OO"'IQ<.""11.;-.H~"" ."~"'.l .....;;i..."'n. "..~,; l"'l' "....~.... VINlalIlA '.llIONVOH Slf3NNV1d-SllOAJAlIIlS-SlI3JNI~N3 'J'd 's1LVIJOSSV ~3aSI'm1 i f, d,. 5 it R! .. b ~ .. 1 , · P I: I > i 1 ! '_. -I - ~ _ .;, ~ ~ ~ h~ 11. ~ ., J 1] t l ! 1 II ~ .~ ~ · i ~ ~. :! ~ lj~ ~l ! ~ ~ !~; ~! !; -!lf1f!'j !}~~j ! ~ 21""1; _.! I"'Jll..l~-j.2 ~ ~,I~l'IL !::~lt"'I;,i.l.~ i'z- . ~..., l i ...' 1"G'b. '~l"iiR !.i!!;! i!;~.]:l!':~-lii~ tr~;:;l; .tOI~.'j ""., !I. ._. ....- H .~l "Ii. _"'0 ,!~H~",~ ~ ',J' Hn- I Ht~h~d I Ii pI"! l!'~ il ~ ":', ~'..l., q~ . -.OHIl .. i I ~ :I . :;~rll]t: i !~r.A(:~ .r! ... f 1 ~ !H'3h!~! ~h~3t" ~1 f .. t ! mmW! HHj~l H t i 1 j. II t! I I II : / / i ~r / : 1/ ~~: I; ,i~i 1/ II ~ ~ll ;/ / U!ii!ii It / . 3 i ~ '": II ~ . 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(q .pm iJj "---.. ~ R1 ff R2 r_R3 nR4 ~ - Applicants Name: Kenneth S Gusler Existing Zoning: R2 Proposed Zoning: C1 Tax Map Number: 086.08-04-13.01 Magisterial District: Windsor Hills Area: 0.804 Acres 14 August, 2007 Roanoke County Department of Community Development Scale: 1" = 100' &-- " ;:;' "oJ:: ~ o J Q." VwG12l.N Land Use ~ _ Conservation _ Rural Preserve _ Rural Village IAllag e Center Development Neighborhood Conservation _ Transition _Core _ Principal Industrial ~ Roanoke County Department of Community Development - Applicants Name: Kenneth S Gusler Existing Zoning: R2 Proposed Zoning: C1 Tax Map Number: 086.08-04-13.01 Magisterial District: Windsor Hills Area: 0.804 Acres 14 August, 2007 Scale: 1 n = 100' County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 ALL APPliCANTS rz--O\OJ\O \ ~-~ For Staff Use Only Dute received: Rt3VC~ by: Application fee: '00' 0 Placnrds issued: Cnse Number Check type of application filed (check all that apply) N Rezoning 0 Special Use D Variance 0 Waiver D Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address whip Owner's name/address wlzip Auslo, Inc. Philip Bane 1709 Peters Creek Road Roanoke, VA 24019 Auslo, Inc. Philip Bane 1709 Peters Creek Road Roanoke, VA 24019 Property Location Hershberger Road & Oakland Boulevard Phone: Work: Cell #: Fax No.: 540.774.5050 540.774.5050 540291 0273 540.774.5071 540.774.5050 Phone #: Work: Fax No. #: 540.774.5071 Magisterial District: Hollins Community Planning area: Hollins Tax M8~1~-oLlO.OO-OOOO & 038.15-01-09.00-0000 Existing Zoning:R-3 Medium Density Multi-Family Residential Size ofparcel(s): Acres: 1.421 Existing Land Use: undeveloped - . ." , , REZOlY1:Np,SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPliCANTS (R/S/W/CP) Proposed Zoning: C-2 General Commercial District Proposed Land Use: HotellMotellMotor Lodge - by right (Extended Stay Hotel) ~ the parcel meet the minimum lot area, width, and frontage requirements of the requested district? ~ No IF NO, A VARIANCE IS REQUIRED FI~ Does the parcel meet the minimum criteria for the requested Use Type~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VariancelWaiver of Section(s) .--,' ',. .. - . ,.. .. VARIANCE,WAIVERANPADltlINlSTRATIyE APPEAL4PPLlCANTS (V/WIAA) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check ifenclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R1SfW/CP V/AA ~ Consultation Application Justification I hereby certify that I am either the owner or of the owner. It R1SfWfCP V/AA R1SIWICP VfAA 8 1f2" x 11" concepl plan ~ Application fee Metes and bounds description . Proffers, if applicable Water and sewer application Adjoining property owners e property or the owner's agent or contract purchaser and am acting with the knowledge and consent Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVlEW REQUESTS Applicant Auslo, Inc. / Philip Bane 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. This project: . enlarges the local economy and tax base; . preserves valuable agricultural and forestal lands by focusing development in urbanized areas; . brings commercial growth to an existing urban service area; . locates commercial growth along a major thoroughfare (Hershberger Road); . fits with other diverse commercial offerings along Hershberger Road; and . transitions between those commercial uses and the nearby residential neighborhood. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This site and the adjacent area are labeled "Transition" on the Community Plan's "Future Land Use Map" for the Hollins area. This project does not interfere with future greenways. At a site visit with Ms. Liz Belcher, Greenways Coordinator, she said that it was only logical that a future greenway would rest on the opposite side ofCarvins Creek from this project site. This project is infill development of a presently vacant parcel surrounded by urban uses. It encourages economic development and tourism by providing alternative lodging for business and personal uses. 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. This project will fully exploit the property's developable assets while preserving vegetation and side slopes along the Carvins Creek corridor. This project will provide a valuable resource to the business community and nearby residences, WVW A has sufficient capacity in the public water and sewer lines along Hershberger Road. The traffic impact on Hershberger Road from this project will be minimal. VDOT has said that the project does not meet the Section 527 requirements for a Traffic Impact Study. This project will not create additional students in Roanoke County schools nor any significant attributable impact on parks and recreation facilities, but it will provide additional tax revenue to fund schools and other public services. A new fire station is planned for a site immediately east of this project 3 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting 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 pennit. Site plan and building pennit procedures ensure compliance with Slate 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 pennit or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use penn it, 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 ofthe 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 L a. Applicant name and name of development Date, scale and north arrow L b. L c. L d. / e. V f. ./ g. L h. ../ I. ../ J. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional infol71wtion required for REZONING and SPECIAL USE PERMIT APPLICANTS ~ k. V- I. .../ m. - -.L n. ./ o. ~ p. V q. Existing utilities (water, sewer, stonn drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ~ I>jo{)( ate 6 AUSLO, INC. 1.422 ACRES (TAX NOS. 38.15-01-9 and 38.15-01-10) BEGINNING at a point in John Richardson Road (Virginia Secondary Route 743) on the west side of Carvins Creek; thence with John Richardson Road S. 810 22' 33" W. 104.55 feet to a point on the east side of Oakland Boulevard, NW; thence with the same N. 90 01' 08" E., passing a 5/8" steel re-bar on line at 60.00 feet, a total distance of 295.26 feet to a steel re-bar with cap; thence N. 830 20' 04" E. 8.00 feet to a steel re-bar with cap; thence N. 20 00' 20" W. 33.11 feet to a steel re-bar with cap; thence N. 470 04' 17" E. 37.20 feet to a steel re-bar with cap on the south side of Hershberger Road (Virginia Secondary Route 625); thence with the same N. 810 58' 37" E. 211.06 feet to a 5/8" steel re-bar; thence S. 540 33' 25" E., passing a 5/8" steel re-bar on line at 41.71 feet, a total distance of 93.00 feet to a steel re-bar with cap on the west side of Carvins Creek; thence with the same S. 540 29' 35" W. 155.04 feet to a steel re-bar with cap; thence S. 550 51' 35" W., passing a 5/8" steel re-bar at 22.21 feet, a total distance of 43.00 feet to a 5/8" steel re-bar; thence S. 50028' 35" W. 74.85 feet to a steel re-bar with cap; thence S. 16041' 50" W. 143.49 feet to a point; thence S. 40 39' 25" W. 11.60 feet to the point of BEGINNING, containing 1.422 acres, and being more particularly shown on the Plat of Survey dated March 10, 2006, prepared by C. H. Linkous, II, Land Surveyor, a copy of which is attached to the deed to Auslo, Inc. recorded in the Roanoke County, Virginia Circuit Court Clerk's Office as Instrument No. 200614854. Community Development Planning & Zoning Division 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 Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 L10~ , of Petition fSj(~ Uf Date VINI8~1^ 'AlNnOJ 3>10NVOtl 'JNI'OlSnV 1310H AVIS 030N3IX3 I ;; I~ o~ 0 llilJ .-: .n: ':2 I- I "-z ~:3 15"- (.) ~;/ " ~/ (' !), /! I ( i) / (,!x I I (, ~ liP l I ( " 1/\( :1 /\ ( .:p, " .s ~ 0 E5':~ ~,,~ 0 ~ co ] ~ '0 ~ - .~ : ~ ~ ~ ~ ~ .~ ~ ~~ ~g]E ~ rl5€ ;;~ ~o'5a ~.so. ! ~ ~ ;; .s ~ ]" .5 ~ .r: ~: : ~ .~ ai 0 2 ~ ~ .~ : 3 ~ ~ ~ ~,,~ ~ ~ ::: -=:~ ~ ~~ E ~ a a .... - tl)UCI'lo ~ :;~ ~ .< ~ ].s~ ~ ~ .~ -d .2 ] G-..,,~oo~ ~~]E -00(1)- .... 0. 5oi~-@ .~ :3: '7: . ~ 'E II) ~ .0 Co 0 5 ~ (tI 0 ~'r: o:.E...s ..... C .... 0..... ~ 0 (Q tI) t-< 0 e g :::::: -B ~.~~~-gc:~:U ~.~~:.2 a'~]~]~~;" euti:: ] E~~ e~ ~ ~ t~.~.~~ ~ E 0. ~ 0 .5 t' t.: 0 'Uj 0. 0. ~ ci5 :u ~ ~ ~ e~ !: 8. et:: 0 ~ 8 ~::r::3:~::c~u ~ e o.o~t-r;:: ,:<>:>>---./ -j <-i ..,fo.ri",o /~;. -,~ - -~-!::':t~-+~~~:- Oin/ u ffi ~ '\ ---1=>-o~"t- ,/ ~.t1~<~ifi' '~. z~~f:38~ _-0...:_ UJ -- :E '~~"" ~ .:\~ ~ \~8\;' \ ~....... .......-,. ,._1 o s:!- '~ o u "' "-(:J' j8 '," ti >~ ~_'-' (.l.t.. ~'~--C3 ~ UJ-.Q -l ~ S~c~ .~_.-~~- -~-:::_- -< llo.. ~ .. u ;: VJ _~_-- ~ o '0 o "' 6" --'--"-.~-~- ---.-=-'~ ,/>::f~- .-'/--.r:.:'1' ',/ '--'--!:L,--' -j-,- '--..~'" HERSHBERGER RD ZONING \ .r J f I l J I I J I I J ~ _---- t ~.-.. .....--0 <' ~ ~ ','" - - -;,-;. _AG3 .EP .AG1 AR .AV Cl .C2 _ C2CVOD 11 _12 .PCD I PRO .PTD R1 fl2 R3 r - R4 - Applicants Name: Auslo, Inc Existing Zoning: R3 Proposed Zoning: C2 Tax Map Number: 038.15-01-10 & 038.15-01-09 Magisterial District: Hollins Area: 1.421 Acres 14 August 20()7 Scale: 1" = 100' Roanoke County Department of Community Development Land Use _ Conservation _ Rural Preserve _ Rural Village \illlag e Center Development Neighborhood ConselVa~on C Transition _ Core _ Prindpal Industrial Roanoke County Department of Community Development - Applicants Name: Auslo, Inc Existing Zoning: R3 Proposed Zoning: C2 Tax Map Number: 038.15-01-10 & 038.15-01-09 Magisterial District: Hollins Area: 1.421 Acres 14 August, 2007 Scale: 1" = 100' County of Roanoke Community Development Planning & Zoning For St3ff Use Unl)' -dO-O Received by: l?T r=-3 Date rexeivw: Application fee: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Placards issued: BOS date: C.Pfeck type of application filed (check all that apply) '4af Rezoning 0 Special Use 0 Variance 0 Waiver OIAdministrative Appeal D1Comp Plan (15.2-2232) Review Applicants name/address wlzip ";!YlbQ...,h"'Q:)~ ho~'he--, l1t LL.L jJoB&tc 8--cJ.d-8i A-~: !l,j-ww S}'-Ml.5~ ICu AN /} K..<:- V A- d-..4a I Phone: Work: Cell #: Fax No.: -S4 0 'f & ? -'"J CJ6lJ S40 t{ F5 ~ - ')() Owner's name/address wlzip '; frM f2- Phone #: Work: Fax No. #: rr-J Magisterial District: . Community Planning area: f-I..et I J. '.'1.$ Existing Zoning: 1: ~ i Existing Land Use: V 1 p Size ofparcel(s): Acres: - . . . . . . . .,. " ., ".. .. - , iUiiqJfI!;iq,iiir:~, USE fEKA:fItWlnJ.E~.AJuJ,.COMe tiJJV-it5I12;4~V1EJi1!1fPL!CANTS,(RJSJW/CI'Y Proposed Zoning: C - d.- Proposed Land Use: U#..rt S lVVJi C4..J Does the parcel meet the minimum lot area, width., and frontage requirements of the re Yes Q( No 0 IF NO, A VARIANCE IS REQUIRED FffiST. Doe;fue parcel meet the minimum criteria for the requested Use Type? Ye~ No 0 IF NO, A VARIANCE IS REQUIRED FIRST lfrez.oning request, are conditions being proffered with this request? Yes 0 No 0 :;tJJiNJ>>~~XfJlttViA'!tJR..:gpiJifuflI0fif2{Jfrt@lj[fk1.r~;;lf.:ftt!ft.i#j:.~';::i",S'}',;j,l', ",:"'. :,'", ',' - Q..J' VariancefWaiver of Section(s) oftbe Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to A ppeal of Interpretation of Section(s): of the Roanoke County Zoning Onlinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY 0 F THESE ITEMS ARE MISSING OR INCOMPLETE. R1S/W/CP V/AA R1SrwICP V/AA R1S/W/CP V/AA EE Consultation 8 112" x II" concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the ov.mer of the property or the owner's ntract urchaser and am acting with the YJlowledge and consent of the owner. Owner's Signature 2. JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant TIMBERBROOK PROPERTIES, I II, liC 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 ifnecessary, 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 EXHIBIT Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan, SEE ATTACHED EXHIBIT 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, parkslrecreation and fire and rescue, SEE ATTACHED EXHIBIT 3 Applicant: Timberbrook Properties, III, LLC PLEASE EXPLAIN HOW THE REQUEST FURTHERS THE PURPOSES OF THE ROANOKE COUNTY ZONING ORDINANCE AS WELL AS THE PURPOSE FOUND AT THE BEGINNING OF THE APPLICABLE ZONING DISTRICT CLASSIFICATION IN THE ZONING ORDINANCE: The applicant proposes to construct an office building which will be leased to the Department of Motor Vehicles (the "DMV"). The DMV wishes to relocate its customer service center and administrative offices to this site which is centrally and conveniently located. Although this will be an office use, the County's zoning ordinance classifies it more narrowly as an "Administrative Services" use because the offices are governmental in nature. While general office uses are permitted in the I-I district, administrative services uses are not permitted in I-I, but in C-2. The proposed use is consistent with other uses surrounding the property. And locating a regional DMV center on this parcel at Valleypointe takes advantage of the existing arterial road network, as encouraged by the County's zoning ordinance. PLEASE EXPLAIN HOW THE PROJECT CONFORMS TO THE GENERAL GUIDELINES AND POLICIES CONTAINED IN THE ROANOKE COUNTY COMMUNITY PLAN. The Community Plan recognizes that planned industrial parks such as ValleyPointe should include mixed uses. Already in place at ValleyPointe are private office uses and governmental office uses. A DMV center on this parcel is consistent with the County's Community Plan and with existing ValleyPointe development. 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, PARKSIRECREATION AND FIRE AND RESCUE. The proposed use is not expected to have any negative impacts on adjoining properties or the surrounding areas or any negative impacts on public services and facilities. Rather, constructing a DMV office on this heretofore undeveloped parcel will aid in the overall development of ValleyPointe. Comm: 2000-163 LEGAL DESCRIPTION OF Tract 1E3-1 (2.917 AC.) BEGINNING at Comer 1, an existing rebar iron pin, being the northerly comer of Tract lE2 (P.B. 13,Pg. 29), said point also located on the southerly right-of-way of Valley park Drive (Virginia Route#5003); thence leaving Tract lE2 and with Valleypark Drive for the following 2 courses; thence with a curve to the left which said curve is defined by a delta angle of280 33'43", a radius of661.62 feet, an arc of329.82 feet, a chord of326.41 feet and bearing N 510 01' 48" E, to Comer #2, an existing rebar iron pin; thence N 360 44' 57" E, 70.08 feet to Comer #3, an existing rebar iron pin; thence leaving Valleypark Drive, with a curve to the right which said curve is defined by a delta angle of900 00' 00", a radius of 50.00 feet, an arc of 78.54 feet, a chord of 70.71 feet and bearing N 810 44' 57" E, to Comer #4; an existing rebar iron pin, said point located on the southerly right-of-way ofValleypointe Parkway; thence with Valleypointe Parkway for the following 2 courses, S 530 15' 03" E, 140.44 feet to Corner #5, an existing rebar iron pin; thence with a curve to the left which said curve is defined by a delta angle of30 30' 34", a radius of 1959.86 feet, an arc of 120.04 feet, a chord of 120.02 feet and bearing S 550 00' 20" E, to Comer #5A, an existing rebar iron pin, said point being the northwesterly corner of Tract IF-I; thence leaving Valleypoint Parkway and with Tract IF-1 S 520 33' 19" W, 332.08 feet to Comer #10, an existing rebar iron pin, said point being the southwesterly corner of Tract IF-l and a comer of Overnight Transportation Co. (D.E. 972, Pg. 569); thence leaving Tract IF-l and with Overnight Transportation Co. S 520 33' 19" W, 205.57 feet to Corner #11, an existing rebar iron pin, said point being the easterly corner of Tract lE2 (P.B. 13, Pg. 29); thence with Tract lE2 the following 2 courses; N 370 26' 41" W, 222.14 feet to Comer #12, an existing rebar iron pin; thence N 24041' 20" W, 35.00 feet to Corner #1, the place of BEGINNING and containing 2.917 acres, being all of Tract 1E3-1 as recorded in Plat Book 15, Page 130. Community Development Planning & Zoning Division 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 ANAL YSES 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 Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate fitrther study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 TIMBERBROOK PROPERTIES, III, LLC Name of Petition By: ~F'~ Petitioner's Signaturel S a t tomey & agent August 20, 2007 Date Western Virginia Water Authority Water/Sewer Availability Application Date: -?jl~i~-l-- Applicant: J)J~~~~e>~_~,(~...E-1~~?_~~_I:-Lc.. (~.::> <7TEVe ST~\JSs) Mailing Address: _ftz...:J~9_~_.?_~~~I_____________ }ZoAI-tc::>\C-e VA Zifol'b ___________J___________________ Phone: _12~.:t'1~i-_]~~___ Cell: _______________________ Fax: __C.?i~l_5~J_____]_~~!.:___ Pro pe rty Add re s s: --?-\-~!:---~~~:~zr~-'~~~--~~!-~~~~_______ City or County: _~~~~_f.::~~~------------------------- Tax Map Number(s): -21~~]-::-L::.J~I~6\i..iiA-;irA-itM~~-~f-.M.-:;~ ~1.hc::.US$ Development (Subdivision) Name: _f::'~__~~~~_:~~~_~TE:\Z- Single Residential, Duplex, Multi-Residential, Subdivision, or Commercial Facility? ~M~\A-\-I C-IVIC- - DMV t7F?-VI~ c.Et1~ Water Meter Size Requested: _IE__IZE__QE-J~~\~_~t.?_______________ Sewer Lateral Size Requested: _tD__I?_~_.PJgF-_~J~_~\Z_______________ COMPLETE THE FOLLOWING FOR NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES Tb~ Domestic Flow Required? U _~.w~\~~___GPM ** (Attach completed "Sizing Water Service Lines and Meters" Form AND "Non-Residential Sanitary Sewer Checklist", blank forms available on website under "Engineers" section) Is Building to be Sprinkled?~/ NO 1t>~ Minimum Fire Flow Required? __Q~~~_~LGPM Return to: David Barnhart, Utility Planner, Phone: 540-853-1588 Via Mail: Fax: E-mail: Website: 601 South Jefferson Street, Suite 300 Roanoke, VA 24011 540-853-1017 David .Barnhart@Westernvawater.orq western va water .org Rev. 1/29/07 ADJOINING PROPERTY OWNERS Tax Parcel No. 037.07-01-14.06 TIMBERBROOK PROPERTIES III, LLC TAX MAP NO. OWNER(S) I ADDRESS ZONING 037.07-01-14.01 Roanoke Valleypointe, LLC 11C And Professional Arts Building, Suite 800 037,07.01-14.05 30 West Franklin Road Roanoke, Virginia 24011 037.07-01-14.08 Charles D. Fox, "' and Donn W. Branch 11 Co-Trustees of the Warren W. Hobbie Trust P. O. Box 12821 Roanoke, ,Virginia 24028 037.07-01-14.04 Tech Federal Credit Union 11C P. O. Box 1999 Salem, Virginia 24153 037.07-01-07.00 UPS Ground Freight, Inc. 11 (formerly Overnite Transportation Company) P. O. Box 1216 Richmond, Virginia 23218 037.07-01-05,00 Roanoke Regional Airport Commission R1 Jacqueline L. Shuck, Executive Director 5202 Aviation Drive, N,W, Roanoke, Virginia 24012 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered, Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, conect 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 pennit 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 ofthe 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 0,/" 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 0..--. h. All buildings, existing and proposed, and dimensions, floor area and heights l..---"-i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development ~ Dimensions and locations of al\ driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS v k. L Existing utilities (water, sewer, storm drains) and connections at the site 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 L-'- --===-' o. Locations of al\ adjacent fire hydrants .....--p, Any proffered conditions at the site and how they are addressed !ViA. q. If project is to be phased, please show phase schedule J certify that all items required in the checklist above are complete. TIMBERBROOK PROPERTIES, I II, ILC By: ~r~~ Signature of applicant I S a orney agent 8/20/07 Date 6 ~o:rJdN]G'swnl@ll't'~ :11'1""""'] "vv6-~'::':: (o~..l :X.....~ LL'Vr'V'::':: (o~S") :]NOHd VINI~<I1A '3)10NVOil . S<l3NNVld-S<lO A 3A <I0S-S<l33 N I ~N 3 ')'d 'S3.LVDOSSV N3GSWOl L~'Ollsnfin'V .at" .l Ol\'LOOZ IlLOtl 't"NI:J~I^ .:DION.....O~ 6990l XOIl 'O'd MS ']nN1/"" N01l1aw.....~g ~9')t , ~ Ei a~ U ~ ~ ~t! i .. - Q 2 2~~ 1~~I:i~ ~-Q c:l ,~Q' ~~i~ ~!:l ii I~~ ~). ~,. zll:l pi ~E~ 1~~ I~i I:~ ~~~ ~ ~~S ~~~ ; :;~I ~i; ~ z 2:!l ~".." ~~3 ~~~ I j ~ ~~~ ~i~ " ~ s ~~~ B1i~ ~ ~ ~ ~ ~ >: ~ iii iii .Q .a ----- , ~ a ~i!~i; .. ~<:i ----- ---- ~~" ----- "'..... .~~ --- --- ---- --- --- ___ --- --- .-c~.~~~,"" --- ~'\'~. 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" ~~ ~J ../8~~ ~~~.~ a:i8~ ~~~.~ ~~:~~ ... ::t:a;~.n w ZVl Z ~ ... _ N'_ ~~~~~ a::r ......, ...u ~ 1-0-....... mQOO",,: 4( Cl ci ci co I- ~ <0 (Q ~ III > !5E~~~ Ozone '" ...........('>IC"<I -' _n U1C<ON :::JOaJ<O ociai"': <w"Iw"IlC cc: ~tO w-......, .> I I I a:::<JU(j :J u ~.nc,crcIlI.O\o~.\OI.'tl)\tOO(\.<I~i"IJQ\'. 1- ZONING .AG3 .EP ~AG1 AR _AV I C1 V .C2 . C2CVOD 111 => _12 .PCD DPRD .pm R1 R2 I 1-R3 I . CJR4 -/ -- - - - Applicants Name: Timberbrook Properties III, LLC Existing Zoning: 11 Proposed Zoning: C2 Tax Map Number: 37.07-01-14.06 Magisterial District: Catawba Area: 2.917 Acres 6 September, 2007 Scale: 1" = 200' Roanoke County Department of Community Development _ Conservation _ Rural Preserve _ fqjral Village 'v1l1ag 8 Center Oeveloprrent Neighbomood Conservation U Transition _ Core _ Principal Industrial - Applicants Name: Tim be rb ro ok Properties III, LLC Existing Zoning: 11 Proposed Zoning: C2 Tax Map Number: 37.07-01-14.06 Magisterial District: Catawba Area: 2.917 Acres 6 September, 2007 Scale: 1" = 200' Roanoke County Department of Community Development ACTION NO. ITEM NO. H- J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 Second reading of an ordinance authorizing the creation and conveyance of a new variable width sanitary sewer easement to the Western Virginia Water Authority to provide for the extension of sewer service for the benefit of GCT Development, LLC, through property owned by the Roanoke County Board of Supervisors at Green Hill Park (Tax Map No. 055.00-01-12.00), Catawba Magisterial District AGENDA ITEM: SUBMITTED BY: Pete Haislip Director of Parks, Recreation & Tourism Elmer C. Hodge ~ /tfJ1ltV County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: GCT Development, LLC and the Western Virginia Water Authority are requesting that the Board of Supervisors convey a new variable width sanitary sewer easement across Green Hill Park, Catawba Magisterial District, as follows: As shown on engineering plans prepared by Lumsden Associates, PC, the new variable width sanitary sewer easement would contain approximately 1,850 square feet and cross property owned by Roanoke County and designated as Tax Map No. 55.00-01-12.00-0000. On April 26, 2005, the Board of Supervisors adopted Ordinance 042605-2 that conveyed to the Western Virginia Water Authority a new 20' wide sanitary sewer easement and a new variable width sanitary sewer easement that crosses property in Green Hill Park owned by Roanoke County. During construction of the sanitary sewer line in Green Hill Park, GCT Development, LLC made a field adjustment to the alignment of the sanitary sewer line that would simplify construction of and reduce construction costs for the sanitary sewer line. This field adjustment was agreed to by the Department of Parks, Recreation and Tourism as the adjustment would result in reduced impacts to park land during construction of the sanitary sewer line. Construction of the sanitary sewer line in Green Hill Park was completed by GCT Development, LLC in 2006. However, the adjustment to the alignment of the sanitary sewer line now requires the creation of a new variable width sanitary sewer easement that would contain approximately 1,850 square feet. WVWA has reviewed this proposal and has indicated that it will accept conveyance of new variable width sanitary sewer easement as shown on engineering plans prepared by Lumsden Associates, PC. FISCAL IMPACT: Staff, utilizing the Roanoke County standard formula of 40% of assessed value of the easement requested (1,850 sq. ft.) has determined the fair market value of the sanitary sewer easement to be $340.00. However, since GCT Development, LLC made a donation of $3,000 to the Green Hill Park greenway as payment to Roanoke County for the fair market value of the easements granted by the Board of Supervisors on April 26, 2005, (Ordinance 042605-2) staff recommends that the fees associated with this requested easement be waived. ALTERNATIVES: 1. Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and waive the $340.00 in fees associated with this requested easement. 2. Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and accept their payment of $340.00 for conveyance of this easement to the Green Hill Park Capital Maintenance Program Account. 3. Decline to authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by the County at Green Hill Park for the benefit of GCT Development, LLC. STAFF RECOMMENDATION: Staff recommends that the Board approve Alternative #1 : Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and waive the $340.00 in fees associated with this requested easement. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, SEPTEMBER 25, 2007 ORDINANCE AUTHORIZING CONVEYANCE OF VARIABLE WIDTH SANITARY SEWER EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 55.00-1-12) TO PROVIDE FOR THE EXTENSION OF SEWER SERVICE FOR THE BENEFIT OF GCT DEVELOPMENT, LLC, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 34.45 acres off Harborwood Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 55.00-1-12; and WHEREAS, GCT Development, LLC and the Western Virginia Water Authority have requested the conveyance of new variable width sanitary sewer easement across this property to provide for the extension of sewer service for the benefit of GCT Development, LLC;and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on September 11 , 2007; and the second reading was held on September 25,2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Western Virginia Water Authority for the extension of sewer service for the benefit of GCT Development, LLC. 2. That conveyance to the Western Virginia Water Authority of a new variable width sanitary sewer easement as shown and described as "New Variable Width Sanitary Sewer Easement" (1,850 sq. ft.) on a plat entitled "Plat showing New Variable Width Sanitary Sewer Easement being granted by Board of Supervisors of Roanoke County to the Western Virginia Water Authority Situated in Green Hill Park (PB 10, PG. 133) Catawba Magisterial District" prepared by Lumsden Associates, P. C., dated July 31,2007, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. 2 <( E-o ~ :r::::il E-otzl ~~ ~l:t:: ~5 ea CIl -'" :>>- ..~ ea- .. ;::;- .....x. ~ ,.., r.:l~ ~w- Z ~ C<.j < .. b I>.. CIl "'c> ",- ""cD ~C3 MERIDIAN OF P.8. 22. PC, 17 ~ ~ ..c ..c >< W ;!t . 0> !"'l . 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Hodge f' jJ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The following one-year terms expired on August 31, 2007: a) King Harvey, Catawba District b) James T. Anderson, Cave Spring District Mr. Anderson has advised that he does not wish to serve an additional term. c) Brian Garber, Windsor Hills District 2. Clean Valley Council The two-year term of Dennis "Chip" Harris expired on June 30, 2007. 3. Economic Development Authority Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be appointed or at the end of August 2007. Mr. Sharp is serving a four-year term which will expire September 26, 2010. Anthony Conner has expressed his willingness to be appointed to this authority. If the Board wishes to make the appointment at this meeting, the confirmation will be placed on the Consent Agenda. 4. Grievance Panel The three-year term of Lee Blair will expire on October 10, 2007. The three year term of Joanne Thompson will expire on October 31,2007. 5. Western Virginia Water Authority Board of Directors The three-year term of Elmer C. Hodge expired on June 30, 2007. 2 J (/-5) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER ON TUESDAY, SEPTEMBER 25, 2007 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 25, 2007, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes for July 24, 2007 Uoint meeting); July 24, 2007, and September 11, 2007 2. Request from the Fire and Rescue Department to accept and appropriate $21,000 in grant funds from the Virginia Department of Health for the purchase of cardiac monitors 3. Request from Fire and Rescue Department to accept and appropriate $84,960 in grant funds from the Department of Homeland Security for the purchase of physical fitness equipment 4. Request from the Police Department to accept and appropriate $35,597 from the FY 2007 Edward Byrne Memorial Justice Assistance Grant Program for classroom and field training 5. Request from the Schools to accept and appropriate grant funds in the amount of $53,119.04 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. :r=~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate $21,000 in grant funds from the Virginia Department of Health for the purchase of cardiac monitors SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief Elmer C. Hodge, Jr. ~ !f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, awarded the Fire and Rescue Department a 50% matching grant totaling $21,000 to purchase cardiac monitors. These cardiac monitors are being placed on first run ambulances to provide advanced cardiac monitoring and defibrillation to emergency cardiac patients. FISCAL IMPACT: The Department has budgeted $21,000 for the 50% match the State requires for the grant. ALTERNATIVES: The Department will not be able to purchase the cardiac monitors without the matching funds from the State. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $21,000 into the Fire and Rescue Department's budget. ACTION NO. ITEM NO. Y-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Request from Fire and Rescue Department to accept and appropriate $84,960 in grant funds from the Department of Homeland Security for the purchase of physical fitness equipment to be placed in the Fire and Rescue stations throughout the County SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief Elmer C. Hodge, Jr. ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue requests that the Board accept and appropriate the following grant: The Department of Homeland Security (CFDA #97.044) has awarded the Fire and Rescue Department a 20% matching grant totaling $84,960 to purchase commercial grade physical fitness equipment for the Fire and Rescue stations throughout the County. In 2003, the Department established a Wellness and Physical Fitness initiative. A Peer Fitness Instructor program, fitness evaluation, exercise schedule, and smoking cessation program, in addition to a healthy eating program, were implemented to promote physical well-being. The equipment purchased with this grant will provide access to physical fitness equipment for the County's Fire and Rescue personnel while allowing them to remain available for emergency responses. Given the geographic features of the County, it is not possible for station personnel to access existing equipment at the Regional Training Center while on duty. This grant will afford the department the ability to place equipment in the stations so personnel can maintain their physical fitness program while on duty and incorporate a workout in their daily routine. One additional benefit to the employees as well as the County is that healthy, physically fit employees are less likely to need time off due to injury or illness. FISCAL IMPACT: The department has budgeted for the $21,240 required for the match. ALTERNATIVES: The Department will not be able to purchase the exercise equipment without the funds from the Department of Homeland Security. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $84,960 into the Fire and Rescue Department's budget. 2 ACTION NO. ITEM NO. J=~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Request to accept and appropriate funding under the FY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $35,597. SUBMITTED BY: James R. Lavinder Chief of Police Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department made application for funding for the above grant for the purpose of providing items necessary to deliver training to police officers in the classroom and field environment. The other goal is to explore the possibility of obtaining software that would allow citizens to view, from personal computers, allowable information about criminal activities in selected areas. There are no matching funds required to receive this grant. The Police Department has estimated in the application to spend an aggregate of $12,681 from its yearly budgets during the grant period which runs from 10/01/2007 through 09/30/2010. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends acceptance of the FY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $35,597. ACTION NO. ITEM NO. 0-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Request from the schools to accept and appropriate grant funds in the total amount of $53,119.04 Elmer C. Hodge ~ ~ /' County Administrator I . ~~ APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following grants and contributions: 1. The Virginia Department of Education has awarded Roanoke County Public Schools a $25,000 Jobs for Virginia Graduates grant in the amount of $25,000. The funds will be used to provide a workplace readiness skills program for students enrolled atArnold R. Burton Technology Center. The objective is to better prepare students to find employment, keep employment, and be better employees. 2. The Virginia Department of Education provides Roanoke County Public Schools with an annual entitlement for General Adult Education. The entitlement is used to supplement the adult GED and ESL programs. The school division will receive an increase in the 2008 fiscal year entitlement in the amount of $1,910.04. 3. Roanoke County Public Schools submitted a Learn and Serve Virginia: An Environmental Approach to Service Learning grant proposal to the Virginia Department of Education. "The Roots of the Watershed and Into the Stream" grant will be based out of the Glenvar Middle and Glenvar High schools, but will include training, programs and activities for all Roanoke County middle and high school science teachers and students. The grant allocation is the amount of $26,209. An In-kind and cash match totaling $25,000 will be satisfied by currently budgeted payments to the Science Museum contract. The Science grant budget will be increased by $26,209. FISCAL IMPACT: The Career and Technical Education Budget will be increased by $25,000. The Adult Education Program will be increased by $1,910.04. The Science Budget will be increased by $26,209. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation offunds in the amount of $53, 119.04 as outlined above. 2 f(- J GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount % of General Amount Unaudited Balance at June 30, 2007 $14,488,420 8.23% July 1,2007 Payment on Loan from Explore Park 20,000 Balance at September 25, 2007 14,508,420 8.24% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2007-08 at a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 The Unappropriated Fund Balance of the County is currently maintained at a range of 8.5%-9.5% of General Fund revenus and will be increased over time to the following ranges: 2008-2009 2009-2010 2010-2011 9.0%-10.0% 9.5%-10.5% 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge tJf County Administrator j'(-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited Balance at June 30, 2007 Amount $6,234,044.55 August 28, 2007 Upgrade to the 800 MHZ Radio System (5,000,000.00) $1,234,044.55 Balance at September 25, 2007 Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited Balance at June 30, 2007 $1,049,620.00 July 24, 2007 Acquisition of property for Fleet Maintenance Facility (890,000.00) September 11, 2007 Needs assessment and program analysis for Glenvar Library Expansion (100,000.00) Balance at September 25, 2007 $59,620.00 Submitted By Rebecca E. Owens Director of Finance Elmer C. Hodge tIf County Administrator Approved By iY-3- RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2007-2008 Original Budget Amount $ 100,000.00 June 12,2007 Appropriation for Legislative Liaison ($24,000.00) June 26,2007 Appropriation for the veteran's monument at the Vinton War Memc ($30,000.00) Balance at September 25, 2007 $ 46,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t/-J County Administrator ACTION NO. ITEM NO. f(-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Accounts Paid-August 2007 SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,612,871.33 Payroll 8/10/2007 999,624.15 137,486.57 1,137,110.72 Payroll 8/24/2007 946,749.36 144,403.85 1,091,153.21 Manual Checks 4,602.21 4,602.21 Voids Grand Total $ 6,845,737.47 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. r- o o S '" ~ ~ ~ ~ 0.. Q ~ 'c .~ ... ;; oS .::l: o C ~ o !:l:: ... o .... - c = o U ~ ~ N " ~ -.0 ~ ~ '" C o ;:: ~ 'C Q., o ... Q., Q., -<l: ~ c ~ '" Gl .. C ~ ... ..Cl 5 = .. c ~ ,;; Gl ... = - :0 c Gl Q., ~ ~ ... o .!! = ~ Gl .c .. en ~ .CI..... C'lI ~ e 0 Q==~~ :~~C'lI-g ~~~;= ;. ." ~ " '" E 1:j '" c '" .. c -; ~ = =- " '" c tl f! 4.l S E ~ ] 8 ~ " c .. Cl. \01 .. ~ olJ ;;:: I'- ~ .... 0i5 o " '" ~ ~ :.; .CI C E E ~ o \01 "C .. "C c ~ "C '" ";: " ~ ..c C '" ~ .. " ,., a :&:: :os = e '" Cl. :; ~ M o .. .; .. 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Hodge c.fZ.- ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss with the Board of Supervisors the Photo Red program which was approved by the General Assembly during the 2007 session. The Photo Red program places cameras at strategic intersections to record vehicles that pass through the intersection after the traffic light for those lanes has turned red. The emphasis is on safety to reduce the number of accidents occurring by people who either race through the intersection or stop abruptly causing rear end collisions. Staff will describe the advantages and disadvantages of the program; plans for obtaining proposals for the acquisition of equipment; possible operation of the program by an independent contractor; and operational issues. We will then ask for guidance as we move to evaluate the systems that are available to the County. ACTION NO. ITEM NO. p-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Work Session to discuss issues related to zoning enforcement SUBMITTED BY: Elmer C. Hodge, County Administrator SUMMARY OF INFORMATION: This time has been set aside to discuss issues related to zoning enforcement. 6? AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, SEPTEMBER 25, 2007 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. S -I PETITIONER: CASE NUMBER: McNeil Asphalt Maintenance, Inc. 16 - 9/2007 Planning Commission Hearing Date: September 4,2007 Board of Supervisors Hearing Date: October 23, 2007 (Continued from 9/25/2007) A. REQUEST Special Use Permit for the operation of a construction yard on a 1.87 -acre parcel zoned AV AgriculturalNillage Center located at 2914 Jae Valley Road, Vinton Magisterial District. B. CITIZEN COMMENTS Three citizens spoke opposing the request. The key items emphasized by neighbors included the following: stormwater runoff in the immediate vicinity drains to the Brookfield subdivision detention facility (across Route 116 west of the McNeil property); the nature of asphalt-related operations increases the risk to surrounding residents and properties; the operation is not in accord with the Community Plan; an approval in this case could set a precedent for future industrial requests; the former garage business on the subject parcel operated for decades under a grandfather clause and residents had no opportunity to oppose it; an asphalt facility presents potential airborne as well as underground hazards to the local area; a live stream and wells could be at risk - other than Brookfield, most of the vicinity is not served by public water; and, local residents support the draft Mount Pleasant area plan which does not encourage industrial facilities. In addition to the speakers, the owners of 13 local pieces of property emailed their positions opposing the continued operation of McNeil Asphalt Maintenance, Inc. C. SUMMARY OF COMMISSION DISCUSSION Timothy Beard presented the staff report. Following comments from Ed Natt, attorney for the applicant, regarding the land use history of the subject property and how the current situation came about, Mr. Azar asked if night-time work occurs and if asphalt maintenance is seasonal. Mr. Natt replied affirmatively to both questions. Mr. Azar also asked about violation notices received by the McNeils' and the administrative appeal procedure relative to the definition of "construction yard." Mr. NaU responded that his clients filed an appeal of staff's construction yard interpretation quickly, but that the term could be interpreted either way. Mrs. Hooker stated that she is concerned with the metal drums and their contents stored onsite and any potential hazard related to those materials. Mr. Thomason suggested that asphalt-related materials on the property be laboratory-tested for toxicity. Mr. Jarrell asked what information was available from Material Safety Data Sheets on two items kept on the property, "tarconite" and "paveshield." Mr. Natt and materials specialist Jeff Caton of Neyra Industries, Inc., stated the coal tar emulsion and asphalt resin substances pose no threat and are not toxic. Those statements have not been verified by independent analyses. Mr. Natt stated that asphalt is not manufactured on the McNeil site, that his clients are willing to construct a retaining wall to prevent offsite flow of substances in case of a spill, that trucks containing asphalt-related materials are cleaned at jobsites (not on the subject property) and that any unused material is returned to the manufacturer. Mr. Natt stated that the request is for a special use permit - not a rezoning - and that the AV district allows construction yards by SUP. Mr. Natt offered to protect the underground aquifer and to provide adequate stormwater control to 3 insure that the facility would be a good neighbor. Mr. Azar noted that even with suggested conditions, the petitioners have operated their business with disregard for the zoning ordinance and if allowed to continue, other industrial uses may be sought in the area. Furthermore, McNeil Asphalt Maintenance, Inc. is not compatible with surrounding uses or with the Community Plan. Mrs. Hooker stated that this application is about land use intensity and that the existing onsite operation should cease. Mr. Thomason reiterated that the asphalt-related substances should be lab- tested. Mr. Jarrell noted that the existing use is not in conformance with the Community Plan. D. CONDITIONS Staff recommends the following conditions be attached should the petition receive a favorable recommendation: 1. The subject property shall be used only for the operations of asphalt maintenance construction yards. 2. All storage of asphalt or asphalt-related materials (asphalt sealer, acrylic crack sealant, all 55-gallon drums and contents thereof, latex paint, rubber blocks) shall occur inside a completely enclosed building. 3. No business vehicles or equipment shall be parked in front of the existing Office and garage as depicted on the July 2, 2007, concept plan. 4. No additional exterior lighting shall be installed on the property. 5. Along the site's south, east and north boundaries, Type E, Option 1 or 2 screening and buffering or its equivalent per existing vegetation shall be implemented. 6. A stormwater management facility and spill-detection system shall be designed, constructed, maintained and periodically monitored to insure that no contamination is occurring onsite and/or on any neighboring property traceable to the subject property. E. COMMISSION ACTION(S) Mr. Azar motioned to deny the request with conditions. The motion carried 4-0. Mr. Rodney McNeil was not in attendance. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Staff Report _Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission 4 LAw OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAxWELL & FERGUSON, PLC Edward A. Natt Please reply to: p, O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 3140 CHAPARRAL DRIVE, SUITE 200-c ROANOKE. VIRGINIA 24018-4370 (540) 989-0000 . FAX (540) 772-0126 WWW.OPNLAW.COM SALEM. VIRGINIA 24153 P,O, Box 279 105 N, COLORADO STREET (540) 389-2349 FAX (540) 389-9560 September 5, 2007 HAND DELIVERED The Honorable Chairman and Members of the Roanoke County Board of Supervisors Roanoke County Administration Building 5204 Bernard Drive, SW Roanoke, Virginia 24018 , ~ D ~ 6>.0 r Jh... 0. C'00.~'70$. ~vrp 6'j/e;, 0ul7, ,~to,. 0.011 I'.} /,Ie"l Re: McNeil Asphalt Paving Request for Special Use Permit Dear Chairman and Members of the Board: I write this letter to formally request a continuance of the public hearing on the above request for a Special Use Permit from the scheduled date of September 25, 2007 meeting until the October 23rd meeting. Due to a conflict, I am not available for appearance at the September 25th meeting. I am sure you realize this is a very disputed request and I do not feel it is appropriate at all to send any other individual to represent my client, who has specifically retained me to represent them. I have no flexibility in avoiding this conflict. I discussed the matter at the Roanoke County Planning Commission meeting last night with Mr. Michael Roop, who is chairman of the Civic League, and with Mr. Larry Bartlett, who is president of the Brookfield Homeowner's Association. I appreciate the cooperation extended by Mr. Roop in not contesting this rescheduling. Mr. Bartlett said he would take up the request with his Board of Directors but could not give a definitive answer last night on their behalf. Because of schedules and conflicts sometimes these situations do occur and, on behalf of my client, I would respectfully request that this continuance be granted. The sooner you can advise, Mr. Roop and Mr. Bartlett, the easier it will be for us to notify all those involved. Thanking you in advance for your cooperation, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.e. e~oo A~ Edward A. Natt EAN:dw Cc: McNeil Asphalt Paving (via email) Larry Barrett (via email) Michael Roop (via email) Roanoke County Planning Dept. (via hand delivery) s~~ PETITIONER: CASE NUMBER: Fralin & Waldron Commercial Rental 15-9/2007 Planning Commission Hearing Date: September 4, 2007 Board of Supervisors Hearing Date: September 25, 2007 A. REQUEST The petition of Fralin & Waldron Commercial Rental to rezone15.67 acres from C.1C, Office District with conditions, to PTD, Planned Technology Development, for the operation of an office and assembly of technological/engineered products, located at 1325 Electric Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS Helen Sublette expressed concerns about intrusion into the neighborhood and effects of development on the quality of life in the neighborhood. She also voiced concerns that some of the neighbors were not informed of the community meeting. c. SUMMARY OF COMMISSION DISCUSSION Mr. Holladay presented the staff report. The petitioner presented information about the proposed development and land use. The petitioner's prospective tenant spoke about their business and their plans to use the property. Mr. Azar asked for further description of the assembly process. Mr. Natt responded that the loudest part of the assembly would be hand drills during assembly of the component metal cabinets. Mr. Thomason and Mr. Azar commented that the proposed use would be a good fit for the property. Ms. Hooker asked for clarification of the community meeting notification process. D. CONDITIONS 1. The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under date of August 16, 2007. 2. The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16, 2007. 3. The new structure will be started within three (3) years and will be complete within forty- eight (48) months from rezoning. 4. The use of the property shall be limited to the following uses: a. C-1 Office District uses per Section 30-53 of the Roanoke County Zoning Ordinance. b. Industry, Type 1 as defined in Section 30-29-6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. 5. The Industry, Type 1 use as defined above shall be limited to 25% of the gross building floor area of the site. 6. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 7. Any new freestanding light poles shall not exceed 14 feet in height. 8. New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum 2" caliper. Evergreen shrubs: minimum 36" in height. E. COMMISSION ACTION Mr. Thomason made a motion to approve the special use permit request with the conditions listed above. The motion passed 4-0 with Mr. McNeil absent. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Staff Report _Vicinity Map _Other Philip Thompson, Secretary Roanoke County Planning Commission 2 Petitioner: Fralin & Waldron Commercial Rental Request: Rezone 15.67 acres from C-IC, Office District with conditions, to PTD, Planned Technology Development District, for the operation of an office and assembly of technological/engineered products Location: 1325 Electric Road Magisterial District: Windsor Hills Proffered Conditions: 1. The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under date of August 16, 2007. 2. The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16,2007. 3. The new structure will be started within three (3) years and will be complete within forty-eight (48) months from rezoning. 4. The use of the property shall be limited to the following uses: a. C-l Office District uses per Section 30-53 of the Roanoke County Zoning Ordinance. b. Industry, Type I as defined in Section 30-29-6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. 5. The Industry, Type I use as defined above shall be limited to 25% of the gross building floor area of the site. 6. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 7. Any new freestanding light poles shall not exceed 14 feet in height. 8. New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum 2" caliper. Evergreen shrubs: minimum 36" in height. EXECUTIVE SUMMARY: Fralin & Waldron Commercial Rental requests to rezone 15.67 acres from C-I C, Office District with conditions, to PTD, Planned Technology Development District, in order to permit limited assembly of electronic products. The proposed tenant, TMGE, is ajoint venture between Toshiba, Mitsubishi and General Electric, and designs and produces electronic controls and drives for industrial applications. The company would like to move its offices to the vacant "Atlantic Companies" building at 1325 Electric Road. Along with its offices, the company would also like to construct a 28,800 square foot building for assembly of its products. The assembly component would be accessory to the engineering and design office use of the property, and would be limited to the specialized assembly of its products. The assembly component is the land use that requires a different zoning than the existing C-l zoning. The PTD district is intended to be designed with a park-like setting that compliments surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The PTD district allows flexibility in combining a wide variety of land uses. However, no use shall be permitted except in conformity with the uses specifically included in the final master plan. The petitioner's master plan consists of a site development plan, building elevation drawing, and a list of proffered conditions. The proffers require conformance with the two plan drawings and describe phasing of the new building construction. The proffers describe exactly which land uses are allowed on the property. The proffered land uses include all of the uses permitted in the C-l district, plus "Type I" industry, but including only assembly of electrical appliances. The proffers also regulate signs, lighting and landscaping. Rather than a PTD request to develop an industrial/office park from raw land, this request is to expand an existing facility and to allow zoning flexibility in order to combine two functions of a business on the same site. The assembly component of the proposed use is a quiet, clean, high-tech business that fits the PTD district description and purpose. The request generally conforms with the Roanoke County Community Plan and the 419 Frontage Development Plan. The Transition designation in the Community Plan and 419 Plan encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Planned office parks and independent facilities in park-like surroundings are encouraged. Considering the proposed use would be primarily office, with accessory equipment assembly, the petition generally conforms with the transition designation. The 419 Frontage Development plan is adopted by reference into the Community Plan. The 419 Plan has goals, design guidelines and implementation strategies to encourage quality economic development along Electric Road, and avoid haphazard strip development of the corridor. The 419 Plan also encourages, to a very limited extent, the development of light industrial parks provided exceptional design measures would assure compatibility with adjacent properties. The proposed land use and the requested PTD zoning district are consistent with these concepts. 1. APPLICABLE REGULATIONS Site development review is required. 2. ANALYSIS OF EXISTING CONDITIONS Background - Fralin & Waldron constructed the existing building in 1977. In 1987, a portion of the property was rezoned from R-l to C-l C in order to expand the parking area. Until a few years ago, the Atlantic Companies occupied the 141,141 square-foot building. At its peak of employment Atlantic Companies employed approximately 600 people. Currently, MFX Company occupies a portion of the building, and employs approximately 80 people. 2 TopographyN egetation - The developed areas of the site are generally flat. The east side of the site slopes up from Electric Road, across a broad landscaped front lawn to the existing office building. The rear parking area has a slight slope down to the west. A small creek flows through a large wooded ravine on the south side of the site. Rows of mature white pines screen the western parking area from Keagy Road and from the adjoining residential property. Surrounding Neighborhood - Surrounding properties to the south and west are zoned R -1, Low Density Residential, and contain single family homes. A portion of Hidden Valley Golf Club is located to the west. Properties to the north, across Keagy Road, lie in the City of Salem, and are zoned RSF, Residential Single Family, and HBD, Highway Business District. These properties contain single family homes on Keagy Road, an office building, hotel, shopping center and regional hospital and medical center. Properties to the east, across Electric Road, lie in the City of Roanoke, and are zoned CN, Commercial Neighborhood District, MXPUD, Mixed Use Planned Unit Development District, and R-12, Residential Single Family District. These properties contain a bank and single family homes. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The petitioner's Master Plan consists of a site development plan, building elevation drawing, and a list of proffered conditions. The site plan shows a new 28,800 square foot building to be located on the western parking area. The one-story building would be 28 feet tall, and would house the proposed assembly operation and associated shipping and receiving areas, warehouse and office space. The 240' X 120' building would be constructed over an existing rectangular parking lot. Shipping and receiving areas would be on the southwest comer of the building, away from Keagy Road and adjoining residences. Other than preparing the building site, no new grading is proposed. According to the site plan, overall lot coverage would be approximately 42% of the total site, and would be a slight reduction from the current lot coverage. Maximum lot coverage in the PTD district is 75%. Some landscape islands would be added to the main parking lot. The large front lawn and the wooded ravine on the south side of the site would remain as open space. In addition, existing landscaping trees along Keagy Road and the western buffer yard would remain to screen the new building. On the western boundary, new landscaping is proffered to fill in gaps in the existing tree coverage. Building architecture would compliment the existing building. The petitioner's architect has descrihed the building as follows: Split face fluted masonry units in a warm beige and grey color will be the base of the building up to 8' high. The remainder of the structure will be an insulated architectural panel with a smooth flush finish in a complimentary color. The design fayade also incorporates a contrasting color panel positioned and proportioned to replicate the window fenestration of the existing building. Access/Traffic Circulation - No new driveway entrances are proposed. In a traffic summary provided with the application, the petitioner has described its anticipated staffing levels, parking needs, as well as shipping and receiving functions. Anticipated staff levels, including the existing tenant in the office building, are estimated at 410 employees. Future staff levels are estimated at 450 total employees for the site. The elimination of 128 parking spaces for the construction of the new building would still leave 475 parking spaces on the site. Considering the overall 3 reductions in site traffic, and no new entrance driveways, Virginia Department of Transportation and Roanoke County transportation staff have concluded that a Traffic Impact Analysis is not necessary for the project. Fire & RescuelUtilities - The site is located approximately 3.3 miles from the Cave Spring Fire Station. Fire and rescue staff have commented that water for fire suppression is located in both Electric Road and Keagy Road. Public water and sanitary sewer are available to the site. Per the PTD regulations, all electric, telephone and cable utilities will be located underground. The petitioner has proffered that new freestanding light poles shall not exceed 14 feet in height. Community Meeting - A community meeting was held on August 16,2007, to present the project to the neighbors. Approximately 8 - 10 citizens attended. Questions and concerns were raised about encroachment of business use into residential neighborhoods, impact on property values and landscape screening. Questions were also asked about the petitioner's operation and about the future of the site should the proposed tenant move out. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN In the Roanoke County Community Plan, the site is designated Transition, with a 2 acre portion designated Neighborhood Conservation. The Transition designation encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Planned office parks and independent facilities in park-like surroundings are encouraged. Considering the proposed use would be primarily office, with accessory equipment assembly, the petition generally conforms with the transition designation. The small area designated Neighborhood Conservation is the westernmost portion of the property. The property was rezoned to C-l C in 1987, and this designation is inconsistent with the current zoning and land use. During future reviews of future land use maps, staff suggests an appropriate designation of Transition for this property. The 419 Frontage Development plan is adopted by reference into the Community Plan. The 419 Plan has goals, design guidelines and implementation strategies to encourage quality economic development along Electric Road, and avoid haphazard strip development of the corridor. The 419 Plan also encourages, to a very limited extent, the development of light industrial parks provided exceptional design measures would assure compatibility with adjacent properties. The proposed land use and the requested PTD zoning district are consistent with these concepts. The 419 Plan encourages buildings to be prominent from the public street view, with building scale appropriate to the lot size. Parking lots located to the side and rear of the buildings and landscaped front yards are also encouraged. The existing site and proposed new development incorporates many of these design features. Other features such as architectural design, building height, sign design and light pole height are being proffered. 5. STAFF CONCLUSIONS The PTD district is intended to be designed with a park-like setting that compliments surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The PTD district allows flexibility in combining a wide variety of land uses. However, no use shall be 4 permitted except in conformity with the uses specifically included in the final master plan. The petitioner's master plan consists of a site development plan, building elevation drawing, and a list of proffered conditions. The proffers describe exactly which land uses are allowed on the property. Rather than a PTD request to develop an industrial/office park from raw land, this request is to expand an existing facility and to allow zoning flexibility in order to combine two functions of a business on the same site. The assembly component of the proposed use is a quiet, clean, high-tech business that fits the PTD district description and purpose. The request generally conforms with the Roanoke County Community Plan and the 419 Frontage Development Plan. The Transition designation in the Community Plan and 419 Plan encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Planned office parks and independent facilities in park-like surroundings are encouraged. Considering the proposed use would be primarily office, with accessory equipment assembly, the petition generally conforms with the transition designation. The 419 Frontage Development plan is adopted by reference into the Community Plan. The 419 Plan has goals, design guidelines and implementation strategies to encourage quality economic development along Electric Road, and avoid haphazard strip development of the corridor. The 419 Plan also encourages, to a very limited extent, the development of light industrial parks provided exceptional design measures would assure compatibility with adjacent properties. The proposed land use and the requested PTD zoning district are consistent with these concepts. CASE NUMBER: PREPARED BY: HEARING DATES: 15-09/2007 David Holladay PC: 9/4/047 BOS: 9/25/07 Attachments: Zoning Map Future Land Use Map Application Materials C-l Zoning District Regulations PTD Zoning District Regulations 5 .., ~ 0:: o o o o S ill ~ o 0:: G ~\J E.f'~\\'I SCI..: J Site ~ t..Orvs DA,t..~ RD -~-'-'-) --. I I ) I I I I I I I I I I I I J I , J I I I I J ! I I I o l ~ I & fi J -J 0 UJfEl 01 '::J I UJ , I I I I , I I I I 'I I I i I I -f ) I I I .I I I I I I ?: ~ ?: o Z --\ o :;0 0'1 ~\J y..0'- ~ -------- ~ - Applicants Name: Fralin & Waldron Commercial Rental Existing Zoning: C 1C Proposed Zoning: PTO Tax Map Number: 67.00-01-02; 02.01; 67.00-01-03,01 MagisterialOistrict: Windsor Hills Area: 15.67 Acres 26 July, 2007 Scale: 1" = 200' --. I I I , I I I I I I I I , I I I , o I Q: ; Q , fE 0 f U Q: I !:1 u I U1 E I u, ~I { I I ; I I ; I I I / I I I I I I I i , c ~Q ~\~G S C1_IO-F' cr: o o o o ~ J Site .L cr: ..~ o ~ ~ - ..- o~... G'i~~ ' ~fJ'- I ......, -- \ ~ ~ I ~ Land Use 1 -, -- _ Conservation _ Rural Preserve _ Rural Village Village Cenler Development Neighborhood Conservation LONS DA.L~ FrD __ Transilion . Core _ Prinapallndustrial o. - Applicants Name: Fralin & Waldron Commercial Rental Existing Zoning: C1C Proposed Zoning: PTD Tax Map Number: 67.00-01-02; 02.01; 67.00-01-03.01 Magisterial District: Windsor Hills Area: 15,67 Acres 26 July, 2007 Roanoke County Department of Community Development '" s- ~ s- o Z -\ (I )j Scale: 1" = 200' (Pz_- o"l ()\ ~ 3 ~ County of Roanoke Community Development Planning & Zoning For Staff Use Only Date received: '1 - \ :) - () "1 Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 i,"pplication fee: \ ':> ;:),0 . (') 0 Placards issued: Check type of application filed (check all that apply) (:i(Rezoning []Special Use 0 Variance o Waiver o Administrative Appeal o Comp Plan (15.2-2232) Review Applicants name/address whip Fralin & Waldron Commercial Rental 3130 Chaparral Drive Roanoke, VA 24018 Phone: Work: Cell #: Fax No,: 540-77 4-4415 540-77 6-7 4 73 (Kelderhouse) 540-537-3041 540-774-9328 540-774-4415 540- 7 4 73 (Kelderhouse) 540-77 4-9328 Owner's name/address whip Fralin & Waldron Commercial Rental 3130 Chaparral Drive Roanoke, VA 240 I 8 Property Location Phone #: Work: Fax No. #: Magisterial District: Windsor Hills 1325 Electric Road Community Planning area: Windsor Hills Tax Map No.: 067.00-01-02.00 and 067.00-01-02.01 and 067:00-01-03.01 Existing Zoning: C-I-C 15.67 acres Proposed Zoning: PTD Planned Technology Development District Proposed Land Use: Office and Assembly Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes~ No [] IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No [] IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Y es~ No 0 Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation ofSection(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SIW/CP V/AA R/SIW/CP V/AA R/SIW/CP V/AA ITd Consultation ~ 8 1/2" x 11" concept plan ~ Application fee X Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner ofthepl:9pert 0 the owner's a ent or contractyurchaser and am acting with the knowledge and consent of the owner. FRALIN AL RON C . I L RENTAL CONTACT: Edwad A. Natt B . .we ~~ Owner's Signature 3140 Chaparral Drive, Suite 200-C Its ~ Roanoke. VA 24018 Phone: 540-725-8 I 80 Fax; 540-774-0961 2 Email: enattia)oonlaw.com I FRALIN & WALDRON COMMERCIAL RENTAL App icant 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 ofthe applicable zoning distTict classification in the Zoning Ordinance. The purpose of this request is to allow a reuse of an existing office building and site that has been recently under-utilized and is approaching thirty (30) years in age. Today's office and technology approaches are far different than when this building was constructed, which was for a specific use. This zoning, as outlined in its purpose, will allow for a "mixed" use of office and assembly of highly technological/engineered products. Much of what is to be rezoned is existing and its use will not change. The site is essentially developed with points of access in place (no additional planned) and landscaping, as well as parking, are in place. The proposed assembly building is "clean" and will be constructed and operated in an envirornnentally and efficient manner. The new building to be constructed will allow the proposed use. The proposed "mixed use "will be a quiet, clean and efficient use of a parcel of land. Even with the new building, the number of employees will be less than previously were employed at the site and, thus, traffic will be reduced. Under the PTD District requirements, sufficient safeguards will be included in this plan to protect sun-ounding properties. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed property is shown as transition in the County's Comprehensive Plan, The Transition District is designed to provide for aesthetically pleasing uses along primary corridors. The proposed property is well landscaped and the visual impact from the change to PTD will not be affected. The guidelines for the Transistion District encourage the redevelopment of older commercial properties and promote planned development at major road intersections. No additional driveways or entrances are proposed and the traffic use should be decreased as a result of this development. Buffers along rear property lines will be established and maintained to ensure that there is no negative impact on any residential properties, Exterior lighting will be designed so as to have no impact on the surrounding properties. The proposed use clearly falls within the purposes and intents of the PTD District and the rezoning will enable a clean and envirornnentally efficient use of the subject property. 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. > less traffic as a result of reduced employees from strictly office > less demand on public utilities as a result of reduction of employees > no impact on schools, parks or other public services 3 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS -/ a. Applicant name and name of development L b. Date, scale and north arrow V"'" c. ~ d. Location, names of owners and Roanoke County tax map numbers of adjoining properties ~e. v'" f. Lg. v'h. Li. ~j. Lot size in acres or square feet and dimensions Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMiT APPLiCANTS /k. /1. /m. /n. / o. "".-- p. .tA q. Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certif~; (hat all items required in the checklist above are complete. 6 c c <.> ~~ ! ~ ~ ... '" >,.~ a;:~'~ ""I ~ ~ ~~ ~ li~~ ~ h!~ C'i ~he ~~ ~ ~ " !It s"'t ~ :- I ~ t~ ~ ~~ g i ~ ~ ,~ . ~ !~ h" @... ..... t ~Uh~ ~Bh<< eH"U ~ ~ I i ~ ~hh g '&l~t ~~~H II r.f":. "J) 'J: II :LJ LLl t-= , :""'U :r:: <: :rJ ; r ~ ;-; f-' ." V~.........., ~O:r::~ -,..--Ic.nU- ~U)~ ' ~<<- ~~ <( r;.:..; r-- - r- :::: - ~ 'J; ;::-1 ~ 'r- ~. 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Z Address of Subject Property: 1325 Electric Road Tax Map No.: 067.00-01-02.00 and 067.00-01-02.01 !)6', D&-- 0 I - 0 3 , "( Fralin & Waldron Commercial Rental Applicant's Name/Owner: LEGAL DESCRIPTION All that certain parcel of land situate in the County of Roanoke, Virginia: PARCEL 1: BEGINNING at a point on the southerly side of Keagy Road, S. W. (Va. Sec. Hwy. 685), said point being corner to property of Fairway Forest Company, and being corner #10 on plat attached hereto; thence leaving said Keagy Road, S.W., and with the dividing line between the property of Duvahl B. Ridgeway and Fairway Forest Company, S. 10 deg. 14' 30" E. 678.00 feet to a point on the westerly side of Va. Hwy. No. 419; thence with the same S. 10 deg. 06' 14" W. 333.31 feet to an existing highway monument, said point being corner #2; thence N. 68 deg. 12' W. 38.86 feet to corner #3, said point being the northeast corner of Lot 5, Block 3, Section No.2, Southdowns; thence with the rear lines of Lots 5, 4, 3, 2, and a part of Lot 1, Block 3, Section No.2, Southdowns, the following courses and distances: N. 71 deg. 33' 30" W. 334.38 feet to corner #4; N. 84 deg. 14' 00" W. 202.72 feet to corner #5; and N. 84 deg. 31' 40" W. 56.53 feet to corner #6; thence leaving the rear line of Lot 1, Block 3, Section No.2, Southdowns, N. 4 deg. 38' 42" W. 650.89 feet to corner #7 on the southerly side of Keagy Road, S. W.; thence with the southerly side of Keagy Road, S. W., the following courses and distances: N. 73 deg. 22' 30" E. 148.61 feet to Corner #8; N. 73 deg. 09' 12" E. 344.89 feet to corner #9; and N. 65 deg. 29' 50" E. 142.15 feet to corner #10, the place of BEGINNING, and containing 12.02 acres, and more fully shown on plat prepared by Buford T. Lumsden & Associates, P. C., Certified Land Surveyors, dated August 17, 1976, attached to Deed dated November 8, 1976, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke in Deed Book 1054, page 207. PARCEL 2: BEGINNING at a point on the southerly side of Virginia Secondary Route 585 (Keagy Road, S. W.) common corner to Tract 2 on plat prepared by T. P. Parker & Son, Engineers and Surveyors, hereinafter referred to, said beginning point being N. 760 55' 16" E. 101.00 feet from corner to lands of Roy M. Strickler, Jr., as acquired in Deed Book 482, page 276; thence with the southerly side of Virginia Secondary Route 685 N. 750 51' E. U:\ZONING\ROANOKE COUNTY\Fralin & Waldron\LEGAL,doc Page 1 of 2 65.21 feet to a point thereon and N. 730 14' 30" E. 77.24 feet to a point on line of property of Fralin & Waldron; thence with the same S. 50 00' E. 650.89 feet to an old pin on line of property of Roy C. Spain; thence with the same N. 840 20' W. 142.46 feet to an iron pin; thence with a new division line N. 50 00' W. 598.41 feet to an iron pin on the southerly side of Virginia Secondary Route 685, the place of beginning, and containing 2.005 acres and designated as Tract 1 on that certain plat prepared by T. P. Parker & Son, Engineers and Surveyors, dated June 25, 1984, of record in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1208, page 663. ?ARCEL 3: BEGINNING at the point of intersection of the southerly side of Keagy Road, S.W. (Va. Sec. Hwy. 685), and the w"esterly side of Va. Hwy. Rt. No. 419, said point being also corner #1 as shown on plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, dated August 17, 1976; thence with the westerly side of Va. Sec. Hwy. 419, S. 100 06' 14" W. 996.63 feet to an existing highway monument, being corner #2 on said plat; thence N. 680 12' W. 38.86 feet to a point, being corner #3, said point being the northeast corner of Lot 5, Block 3, Section No.2, Southdowns; thence the following courses and distances: N. 60 10' 10" W. 20.15 feet to a point, being corner #4; thence N. 5r 26' 00" W. 296.28 feet to a point, being corner #5; thence S. 20 30' 40" E. 97.04 feet to a point, being corner #6; thence N. 710 33' 3D" W. 73.37 feet to a point, being corner #7; thence N. 840 14' 00" W. 202.72 feet to corner #8, and N. 840 31' 40" W. 56.53 feet to corner #9; thence leaving the rear line of Lot 1, Block 3, Section No.2, Southdowns, N. 40 38' 42" W. 650.89 feet to corner #10 on the southerly side of Keagy Road, S.W., the following courses and distances: N. 730 22' 30" E. 148.61 feet to corner #11; N. 730 09' 12" E. 344.89 feet to corner #12; N. 650 29' 50" E. 142.15 feet to corner #13; N. 720 13' 29" E. 116.48 feet to corner #14; N. 790 53' 44" E. 80.95 feet to corner #15; thence S. 350 36' 46" E. 79.62 feet to corner #1, the PLACE OF BEGINNING, and more fully shown on plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, dated October 24, 1977, and updated April 21, 1978. U:\ZONING\ROANOKE COUNTY\Fralin & Waldron\LEGAL.doc Page 2 of 2 Address of Subiect Property: 1925 Electric Road Windsor Hills Magisterial District Roanoke County Tax Map Nos.: 067.00-01-02.00,067.00-01-02.01 and 067.00-01-03.01 Applicant's/Owner's Name: Fralin & Waldron Commercial Rental PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under date of August 16,2007. 2. The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16, 2007. 3. The new structure will be started within three (3) years and will be complete within forty-eight (48) months from rezoning. 4. The use of the property shall be limited to the following uses: (a) C-1 Office District uses per Section 30-53 of the Roanoke County Zoning Ordinance. (b) Industry, Type 1 as defined in Section 30-29-6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. 5. The Industry, Type 1 use as defined above shall be limited to 25% of the gross building floor area of the site. 6. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 7. Any new freestanding light poles shall not exceed 14 feet in height. 8. New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum 2" caliper. Evergreen shrubs: minimum 36" in height. Applicant/Owner: FRALIN & WALDRON COMME~L RENTA~ El!C~ ~C~ - Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA nON 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 infonnation 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 IMP ACT 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 Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Plmming Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 FRALIN & WALDRON COMMERCIAL RENTAL Name of Petition By '-1. /? 2..-0? 7 Date Traffic Summary for 1325 Electric Road (Route 419) The existing site conditions consist of two adjoining office buildings totaling 141,141 square feet of gross floor space and parking areas that have a combined total of 613 spaces. The majority of the parking areas are behind the building as viewed from Electric Road. The two buildings and associated parking are situated on three parcels of land, 11.89 acres, 2.00 acres, and 1.78 acres, which total 15.67 acres. The current zoning of these three parcels is C-I. The site has three entrances and exits. The office buildings were used as the general offices for Atlantic Mutual before they vacated in 2005. It currently is the offices for the MFX Company. This traffic summary is prepared for the purpose of analyzing the site for a new tenant that is considering moving their offices to this location. The entrance on Electric Road is approximately 930' south of the signalized intersection of Keagy and Electric Roads and is restricted to right-in and right-out movements by the raised median on Electric Road. The other two entrances are along Keagy Road and are approximately 600' and 840' west of the signalized intersection of Keagy and Electric Roads. All three entrances are a minimum of 30' wide at their narrowest point and will accommodate larger truck traffic. All entrances appear to have adequate sight distances to meet current standards. Electric Road is a north/south four-lane primary roadway connecting Interstate 81 and Route 220. The posted speed limit for the portion of Electric Road adjoining the project site is 45 mph. Keagy Road is a two-lane secondary roadway, which loops around and connects at both ends to Electric Road. The northern connection point is near the intersection of Roanoke City, Roanoke County, and the City of Salem. This is the portion of Keagy Road that adjoins the project site. The posted speed limit for this portion of Keagy Road is 25 mph. There are no significant road improvements programmed in the general vicinity of this development. The background traffic volumes used were obtained from the 2005 Virginia Department of Transportation Daily Traffic Volume Estimates Including Vehicle Classification Estimates. A 48-hour count from 10/2612004 through 10/27/2004 for the section of Electric Road from Brambleton Road to the City of Salem was also used. All of the data used factored in the traffic generated by the previous tenant, as the counts were completed prior to Atlantic Mutual vacating the site. The 2005 published traffic counts for Electric Road indicate approximately 32,000 Annual Average Weekday Daily Traffic (AA WDT) with a K-Factor (% of peak hourly traffic) of 0.088 and a travel directional factor of 52%. The 2005 published traffic counts for Keagy Road indicate approximately 4,000 AADT with no K-Factor or directional factor provided. Hughes Associates Architects 656 Elm Avenue, S W, Y P,O, Box ]034 y Roanoke, Virginia 24005 y TeL (540)342-4002 y Fax (540)342-2060 Based on the ill Edition ITE Trip Generation Report, the site usage is classified as "General Office", with an ITE code of 710. Using the existing 141,141 square feet of office space and the trip generation rates specified for "General Office" (710) it is anticipated that the number of expected daily trips is 1,554 based on the average rate, and 1,739 based on the equation. Realistically, Atlantic Mutual did not generate the traffic volumes calculated above, as they employed approximately 600 people and the existing site only has 613 parking spaces. The existing 141,141 square foot office building currently houses 80 employees for the MFX Company. The new tenant anticipates adding approximately 330 employees. The majority of those employees would be located within the existing office building; however, some of the employees would be located within a new 28,800 square foot building that will be used as a combination warehouse/assembly facility. The warehouse portion would use 10,800 square feet and the assembly portion would use the remaining 18,000 square feet. The proposed building would be constructed where existing parking spaces are located. The proposed building will eliminate 128 parking spaces, thereby reducing the total number of spaces to 475. This is a 22% reduction of the total number of parking spaces from their current level. Anticipated staffing levels, supplied by a combination of the MFX Company and the new tenant, are 410 employees. Future staffing levels are anticipated to be 450 employees. Therefore, these anticipated staffing levels combined with the reduction in parking spaces will generate less traffic volume when compared to the previous tenant. Furthermore, the current zoning designation Cl allows for 75% coverage and the current site has 42% coverage. With additional buildings and parking spaces these parcels can be significantly expanded without any zoning changes. Theoretically, an expanded development under the current zoning could generate significantly more traffic volume as a by-right development. Hughes Associates Architects 656 Elm Avenue, S,W, y P,O, Box 1034 y Roanoke, Virginia 24005 y Tel. (540)342-4002 y Fax (540)342-2060 ARTICLE III. DISTRICT REGULATIONS Pagelof3 SEC. 30-53. C-1 OFFICE DISTRICT. Sec. 30-53-1. Purpose. (A) The purpose of the C-1 Office District is to provide for the development of attractive and efficient office uses in the urban service area which serve both community and county-wide needs. The C-1 district allows for varying intensities of office development as part of either a planned office complex or, to a limited degree, small scale office uses. Retail uses are permitted, to a limited extent, where they are supportive of the office environment. 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 Office District are generally consistent with the recommendations forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development standards are intended to ensure compatibility with adjacent land uses. 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 are 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 * httD://librarv2.municode.com/mcc/Doc View/12222/1 /150/151 Rnqnnn7 ARTICLE III. DISTRICT REGULATIONS Page 2 of3 Safety Services * Utility Services, Minor 3, Office Uses Financial Institutions * General Office Medical Office 4. Commercial Uses Business Support Services Business or Trade Schools Communications Services Personal Services 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 are 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 Commercial Indoor Sports and Recreation 4. Industrial Uses Landfill, Rubble * 5. Miscellaneous Uses Broadcasting Tower * 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) 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. htto:lllibrarv2.municode.com/mcc/Doc View/122221111501153 8/29/2007 ARTICLE III. DISTRICT REGULATIONS Page 3 of 3 (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: a. Principal structures: 10 feet on anyone side, with a combined total on both sides of at least 25 feet. b. Accessory structures: 10 feet behind the front building line, or 3 feet behind rear building line. 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 other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293-12, S 10, 6-22-93) httn)/lihrrJrv2 mllnimrler.nm/mr.r./f)nr. Vi~w/1777?/1 11 'iO/1 'i"i R/')Qn007 ARTICLE III. DISTRICT REGULA nONS Page 1 of 6 SEC. 30-63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30-63-1. Purpose. (A) The planned technology development (PTO) district is established primarily for Type I and Type II manufacturing and industrial uses. Supporting accessory uses and facilities, such as office, commercial establishments, and residential areas are also permitted. The PTO district is intended to be designed with a park-like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering andscenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. In addition, the intent of the planned technology development (PTO) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like technologies in what is generally known as a mixed use park, developed under a complete, comprehensive master plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park-like atmosphere. Important in determining the location and size of a PTO are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042898-15, SS 1, 2, 4-22-98) Sec. 30-63-2. Permitted uses. (A) All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in article" of this ordinance are permitted in the PTO district. Residential use types shall be limited to no more than fifteen (15) percent of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the final master plan. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042898-15, SS 1, 2, 4-22-98) Sec. 30-63-3. Site Development Regulations. (A) Each planned technological development shall be subject to the following site development standards: 1. Minimum district size: 15 acres of contiguous land. 2. Minimum front setbacks: All structures proposed to front on existing public streets external to the PTO shall be located a minimum of 30 feet from the existing public right- of-way. 3, The zoning administrator shall determine buffer yard requirements based on the existing or proposed use in the PTO and the district in which those uses are permitted. 4. Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process and shall not exceed seventy-five (75) percent. 5. Public streets in the PTO district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PTO preliminary master plan, the commission may recommend and the board may approve, one or more private streets within the proposed district. Private street standards, specifications and a proposed http://librarv2.municode.com/mcc/Doc ViewI12222/1/1501153 8/29/2007 ARTICLE III. DISTRICT REGULATIONS Page 20f6 maintenance agreement shall be submitted with the preliminary master plan. 6. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. Maximum height of structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. 8, Arrangement of areas: a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments within the PTD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity. b. All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PTD application. Reserve areas included in the PTD shall be landscaped or otherwise maintained in a neat and orderly manner. 9. Accessory structures shall not exceed forty percent of the gross floor area of the principal structure. 10. Every structure in the PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right-of-way. 11. Lighting: Lighting shall comply with section 30-94 of this ordinance. 12. Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. (Ord. No. 92794-17, ~ 1,9-27-94; Ord. No, 042898-15, ~~ 1,2,4-22-98) Sec. 30-63-4. Site Development Recommendations. (A) The planned technology development district should be designed and developed as a manufacturing, industrial and technology park with high standards for landscaping, buffering and open space. To ensure a park-like atmosphere the following site development recommendations are made. (1) The principal entrance into the PTD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one hundred (100) linear feet of street, leading through this principal entrance into the PTD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district. (2) Parking within the PTD should be located to the side or rear of the principal structures on the lot, wherever feasible, During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors, http://library2.municode.com/mcc/DocView/12222/1/150/153 8/29/2007 ARTICLE III. DISTRICT REGULATIONS Page 3 of6 (3) Loading areas should be screened from public view and should not be placed in front yards. (4) Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No, 042898-15, SS 1, 2,4-22-98) Sec. 30-63-5. Relationship to Existing Development Regulations. (A) All zoning regulations shall apply to the development of the PTO district, unless modified by the board of supervisors in the approval of the final master plan. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042898-15, SS 1, 2,4-22-98) Sec. 30-63-6. Application process. (A) The timeframes outlined in the section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. (B) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (C) Any application to rezone land to the PTO designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to section 30-15 of this ordinance. Once the board of supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to section 30-15. (0) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2, Existing zoning, land use and ownership of each parcel proposed for the district. 3, A general statement of planning objectives to be achieved by the PTO district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific human-made and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, historic resources, natural water courses, floodplains, unique natural features, tree cover areas, known archeological resources, etc. 5. The proposed conceptual location and number of structures within each land use of the proposed development. 6. The approximate gross square footage for each use type proposed in the PTO. http://library2.rnunicode.com/rncc/DocViewI122221111501153 8/29/2007 ARTICLE III. DISTRICT REGULA TIONS Page 4 of6 7. The proposed size, location and use of other portions of the tract, including landscaping and parking. 8. General information on the trip generation, ownership, maintenance and construction standards for proposed streets should be included. A traffic impact analysis may be required by the administrator. 9. Reserved. 10. The proposed schedule of site development. At a minimum, the schedule should include an approximate commencement date for construction and a proposed build-out period. 11. Generalized statements pertaining to architectural design principles and guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, signage plans, landscaping, etc. (E) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing. (F) The commission shall make a report of its findings to the board of supervisors within ninety (90) days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (G) If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have sixty (60) days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review. (H) The board of supervisors shall review the preliminary master plan, and after holding a public hearing act to approve or deny the plan within ninety (90) days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30-15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PTD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PTD district. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042799-11, S 1a., 4-27-99) Sec. 30-63-7. Revisions to final master plan. (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of section 30-63-6. Major revisions include, but are not limited to changes such as: 1. Any significant increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in grading or utility provisions; http://Jibrarv2.municode.com/mcc/DocViewI1222211/150/153 8/29/2007 ARTICLE III. DISTRICT REGULATIONS Page 5 of6 4. Substantial changes in the mixture of land uses; 5. Substantial change in architectural or site design features of the development; 6. Any other change that the administrator finds is a major divergence from the approved final master plan. (B) All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the administrator fails to act on a request for a minor amendment to the master plan within fifteen (15) calendar days, it shall be considered approved. 2. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. (Ord. No. 92794-17, S 1,9-27-94; Ord. No. 042898-15, SS 1,2,4-22-98) Sec. 30-63-8. Approval of preliminary and final site development plans. (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled land development procedures, available in the department of community development. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator. (C) Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within sixty (60) days of its submittal. (D) No planned technology development shall be approved and nowork shall be authorized on construction until all property included in the final master plan is in common ownership. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042898-15, SS 1,2,4-22-98; Ord. No. 042799-11, S 1d., 4- 27 -99) Sec. 30-63-9. Failure to begin development. (A) Unless an extension is granted by the administrator, failure of the applicant to submit a preliminary site development plan for at least one (1) portion of the planned residential development within thirty-six (36) months of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the PTD to the district designations in effect prior to the approval of the final master plan. (Ord. No. 92794-17, S 1,9-27-94; Ord. No. 042898-15, SS 1,2,4-22-98) Sec. 30-63-10. Control following approval of final development plans. htto:IIJibrarv2.municode.com/mcc/DocView/12222/1 1150/151 R/?9n007 ARTICLE III. DISTRICT REGULATIONS Page 6 of6 (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule. (Ord. No. 92794-17, S 1, 9-27-94; Ord. No. 042898-15, SS 1, 2,4-22-98) http://librarv2.municode.com/mcc/DocView/I2222/1/150/153 !V79/?007 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, SEPTEMBER 25, 2007 ORDINANCE TO REZONE 15.67 ACRES FROM C-1 C, OFFICE DISTRICT WITH CONDITIONS, TO PTD, PLANNED TECHNOLOGY DEVELOPMENT DISTRICT, FOR THE OPERATION OF AN OFFICE AND ASSEMBLY OF TECHNOLOGICAUENGINEERED PRODUCTS LOCATED AT 1325 ELECTRIC ROAD (TAX MAP NOS. 67.00-1-2; 2.1; 67.00-1-3.1), WINDSOR HILLS MAGISTERIAL DISTRICT UPON THE PETITION OF FRALIN & WALDRON COMMERCIAL RENTAL WHEREAS, the first reading of this ordinance was held on August 28,2007, and the second reading and public hearing were held September 25, 2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2007; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 15.67 acres, as described herein, and located at 1325 Electric Road (Tax Map Numbers 67.00-1- 2; 2.1; 67.00-1-3.1) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-1 C, Office District with Conditions, to the zoning classification of PTD, Planned Technology Development District. 2. That this action is taken upon the application of Fralin & Waldron Commercial Rental. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under the date of August 16, 2007. (2) The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16, 2007. (3) The new structure will be started within three (3) years and will be complete within forty-eight (48) months from rezoning. (4) The use of the property shall be limited to the following uses: a. C-1 Office District uses per Section 30-53 of the Roanoke County Zoning Ordinance. b. Industry, Type 1 as defined in Section 30-29-6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. (5) The Industry, Type 1 used as defined above shall be limited to 25% of the gross building floor area of the site. (6) Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. (7) Any new freestanding light poles shall not exceed 14 feet in height. (8) New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum 2" caliper. Evergreen shrubs: minimum 36" in height. 4. That said real estate is more fully described as follows: 15.67 acres Parcel 1 - Tax Map No. 67.00-1-2 containing 11.89 acres Parcel 2 - Tax Map No. 67.00-1-2.1 containing 1.78 acres Parcel 3 - Tax Map No 67.00-1-3.1 containing 2 acres 5. That this ordinance shall be in full force and effect thirty (30) days after its 2 final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 3 ACTION NO. ITEM NO. -5-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE VIRGINIA MEETING DATE: September 25, 2007 AGENDA ITEM: Second reading of an ordinance amending the Roanoke County Code by the adoption of a new Chapter 23. Stormwater Management, amending Section 8.1-5. "Local Erosion and Sediment Control Program", repealing Section 500 of the "Design and Construction Standards Manual", adopting a new "Stormwater Management Design Manual", and providing for an effective date. SUBMITTED BY: Arnold Covey, Director Community Development APPROVED BY: Elmer C. Hodge ~ fJ+ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~c(~ SUMMARY OF INFORMATION: This is the second reading of this ordinance. The first reading was held on September 11, 2007. There have been no changes to the information or the ordinance since that time. On March 11, 2003, Roanoke County Board of Supervisors adopted a Resolution authorizing a Virginia Pollutant Discharge Elimination System (VPDES) General Permit Registration Statement with the Virginia Department of Environmental Quality (DEQ). One of the conditions of this permit is that Roanoke County would develop and implement an ordinance to address post-construction runoff from new development or redevelopment that includes stormwater quality "best management practices". The Virginia Department of Conservation and Recreation (DCR) is responsible for the administering and issuing of the National Pollutant Discharge Elimination System (NPDES) permits for the control of storm water discharging from municipal storm sewers. These regulations are mandated by EPA through the Clean Water Act to control water pollution by regulating sources that discharge pollutants into waters of the United States. These regulations require communities with storm sewer systems to obtain permits and implement activities to control storm water runoff. Roanoke County is listed among the Virginia Phase II communities required to adopt a Stormwater Management Ordinance addressing water quality. In order for Roanoke County to remain in compliance with the state policy towards stormwater management, the County must adopt a Stormwater Management Ordinance to incorporate stormwater quality. This new ordinance would replace the current SWM Ordinance adopted in 1990. This ordinance will establish minimum stormwater management requirements and controls to protect properties; and safeguard the general health, safety, and welfare of county residents. It would help: a) avoid increases in stream erosion and degradation; b) improve stream water quality; c) comply with state MS4 permit requirements; and, d) minimize increases in flooding. This ordinance applies only to new construction and redevelopment of property. It is not intended to require current stormwater facilities to retrofit existing facilities currently in place. The stormwater quantity requirements for flood management would remain the same. Such requirements, for permanent stormwater quality controls, are added in the form of Best Management Practices (BMP). Water quality management requires County-Wide training and collaboration between all aspects of the development community and homeowners. The Process This process was a collaborative effort with the engineering community, development community, and regulatory entities. 1. The proposed ordinance is based on a state model ordinance incorporating stormwater quantity and quality requirements that comply with current state regulations. The County hired Hayes, Seay, Mattern & Mattern, Inc. (HSMM) engineering consultant to provide technical assistance and work closely with our engineering staff in drafting the ordinance. 2. The ordinance is accompanied by a Stormwater Management Manual that provides design standards and detailed guidance to developers, property owners, and design professionals and to assist them in meeting the Stormwater Management Ordinance. 2 3. Participants and stakeholders have included: DEQ, VDOT, RVARC, Town of Vinton staff, local engineering firms, local contractors, homebuilders, and a citizens advisory committee into the process for input and assessment with our engineering staff. 4. The Board of Supervisors reviewed the Ordinance and Manual in two consecutive work sessions in May and July. At such sessions, the staff clarified the reasons, addressed questions and concerns, and explained the significant impact on the County in case we failed to adopt it before the end of this year. 5. To remain in compliance with the Federal and State Regulations under the Clean Water Act, the County Of Roanoke needs to adopt a new storm water ordinance. The current permit deadline for re-authorization for VPDES permit is December 9, 2007. Implementation Strategy: This ordinance will make significant changes to the development review process and its inspection. In the mean time, it would help the development community to keep the review process moving by addressing the water quality issues at the time of the development review. The effective date of the Ordinance is scheduled for January 1, 2008. Over time, additional resources will be needed to comply with all review and inspection processes. AL lERNA liVES: 1. Staff recommends that the Board of Supervisors adopt the attached Stormwater Management Ordinance. 2. Take no action at this time. STAFF RECOMMINEDATION: Staff recommends approval of Alternative 1. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA ON TUESDAY, SEPTEMBER 25, 2007 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW CHAPTER 23. STORMWATER MANAGEMENT, AMENDING SECTION 8.1-5. "LOCAL EROSION AND SEDIMENT CONTROL PROGRAM", REPEALING SECTION 500 OF THE "DESIGN AND CONSTRUCTION STANDARDS MANUAL", ADOPTING A NEW "STORMWA TER MANAGEMENT DESIGN MANUAL", AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 11, 2003, Roanoke County Board of Supervisors adopted a resolution authorizing a Virginia Pollutant Discharge Elimination System (VPDES) General Permit with the Virginia Department of Environmental Quality, and one of the conditions of this permit stated that Roanoke County would develop and implement an ordinance to address post-construction runoff from new development, including storm water quality "best management practices"; and WHEREAS, Roanoke County must adopt a new storm water ordinance on or before December 9, 2007, to remain in compliance with Federal and State regulations under the Clean Water Act; and WHEREAS, by Ordinance No. 12390-7 the Board amended the erosion and sediment control provisions of the County Code to provide for the adoption of storm water management criteria; and WHEREAS, Ordinance No. 12390-7 also authorized more stringent local storm water criteria as incorporated in a "Design and Construction Standards Manual"; and WHEREAS, the new Chapter 23 and the new Stormwater Management Design Manual will establish minimum stormwater requirements and controls to protect and safeguard the health, safety, and welfare of County residents and their property by avoiding increases in stream erosion and degradation, improving stream water quality, complying with Commonwealth of Virginia permit requirements, and minimizing or avoiding flooding; and WHEREAS, the first reading of this ordinance was held on September 11, 2007, and the second reading and public hearing was held on September 25,2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, VA, as follows: 1. That a new Chapter 23. Stormwater Management attached as Exhibit A is hereby adopted and made a part of the Roanoke County Code. 2. That Section 8.1-5 (a) is amended and readopted as follows: (a) Pursuant to Code of Virginia S 10.1-562, the county hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state soil and water conservation board and those more stringent local stormwater management criteria which the County Board of Supervisors, may adopt by resolution and incorporate into manuals of regulations and policies entitled "Stormwater Manaqement Desiqn Manual" and "Design and Construction Standards Manual" for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the "Virginia Erosion and Sediment 2 Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended. 3. That Section 500 of the "Design and Construction Standards Manual" entitled "Drainage Standards" is repealed effective January 1, 2008. 4. That the "Stormwater Management Design Manual" is hereby adopted in order to implement the requirements of Chapter 23. The Board of Supervisors hereby authorizes the County Administrator to approve any updates, supplements or modifications to the "Stormwater Management Design Manual." 5. That this ordinance shall be effective from and after the date of its adoption, to remain in compliance with Federal and State regulations under the Clean Water Act and the conditions VPDES Permit, however, its requirements shall not be enforced until January 1, 2008. 3 Exhibit A Stormwater Management Ordinance From Chapter 23 of the County of Roanoke Code Table of Contents Introduction ........................................................................................................................3 Section 23-1 General Provisions .......................................................................................4 23-1.1 Title and Authority .......................................................................................4 23-1.2 Purpose.........................................................................................................4 23-1.3 Applicability.................................................................................................5 23-1.4 Compatibility with Other Requirements.......................... ......................... ....6 23-1.5 Severability...................................................................................................6 23-1.6 Stormwater Management Design Manual....................................................6 Section 23-2 Definitions .....................................................................................................7 Section 23-3 Program Permit Procedures and Requirements .....................................15 23- 3.1 Permit Required........................................................................................ ..15 23-3.2 Permit Application Requirements ..................................... ....................... ..15 23-3.3 Stormwater Management Plans ..................................................................16 23-3.4 Stormwater Management Facility Maintenance Agreements ....................16 23- 3.5 Performance Bonds.................................................................................... .17 23-3.6 Permit Application Review Fees ................................................................18 23- 3.7 Permit Application Procedure........................................ ....................... .....18 S ectio n 23-4 Varian ces .................... ......... ....... ........................... ... ................. ..... ......... ... ........20 23-4.1 Variances for Providing Stormwater Management ....................................20 23-4.2 Appeals...................................................................................................... .21 Section 23-5 General Criteria for Stormwater Management ......................................22 23-5.1 General...................................................................................................... ..22 23-5.2 Structural Stormwater Management Practices ...........................................24 23-5 .3 Water Quality............................................................................................ .26 23-5.4 Stream Channel Erosion.......................................................................... ...30 23 - 5.5 Flooding......................................................................................................3 0 23-5.6 Regional Stormwater Management Plans...................................................31 23-5.7 Illicit Discharges........................................................................................ .32 23-5.8 Steep Slopes.............................................................................................. ..33 Section 23-6 Construction Inspection Provisions..........................................................34 23-6.1 Notice of Construction Commencement ....................................................34 23-6.2 Final Inspection and As-Built Documentation ...........................................35 1 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-7 Maintenance and Repair of Stormwater Facilities .................................37 23-7.1 Maintenance Inspections of Stormwater Facilities.....................................37 23-7.2 Records of Maintenance and Repair.................................. .........................37 Section 23-8 Enfo rcement and Penalties.. .................................................................... ..38 23-8.1 Violations................................................................................................... .38 23-8.2 Notice of Violation.....................................................................................3 8 23-8.3 Stop Work Orders ................. ....................... ...................... .........................39 23-8.4 Civil and Criminal Penalties..................................... ......... ....................... ..39 23-8.5 Restoration of Lands.................................................................................. .40 2 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Chapter 23 Stormwater Management Ordinance County of Roanoke, Virginia Introduction The County of Roanoke is home to a vast array of scenic natural resources, from the mountains that span our landscape to the streams that flow through our valleys. This picturesque environment has embraced generations of citizens while drawing in more newcomers every year. The continual increase in population aids in the growth and development of this area, improving jobs and enhancing economic stability. Yet, intensive development can degrade those beautiful natural resources that make the County of Roanoke so valuable. Inadequate management of stormwater runoff from land-disturbing activities in watersheds increases flood flows and velocities, erodes and/or silts stream channels, pollutes water, overloads existing drainage facilities, undermines floodplain management in downstream communities, reduces groundwater recharge, and threatens public safety. More specifically, surface water runoff can carry pollutants into receiving waters. According to the U.S. Environmental Protection Agency's 2004 National Water Quality Inventory, approximately 40 % of surveyed U.S. water bodies do not meet basic water quality standards. The Roanoke River and many of its tributaries inside Roanoke County are listed as impaired waters by the Virginia Department of Environmental Quality. Many future problems can be avoided through proper stormwater management and the County of Roanoke is dedicated to preventing the damaging effects that uncontrolled stormwater may present. The lands and waters of Roanoke County are great natural resources and need to be protected. The County finds that it is in the public interest to establish a stormwater management program. 3 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-1 GENERAL PROVISIONS Section 23-1.1 TITLE AND AUTHORITY A. This ordinance shall be known as the "Stormwater Management Ordinance of the County of Roanoke, Virginia." B. The Virginia Stormwater Management Law ("Law"), Title 10.1-603.2:1 of the Code of Virginia (1950), as amended, enables localities to adopt, by ordinance, a stormwater management program consistent with state regulations promulgated pursuant to the Law. Section 23-1.2 PURPOSE The purpose of this ordinance is to establish minimum storm water management requirements and controls to protect properties, safeguard the general health, safety, and welfare ofthe public residing in watersheds within the County of Roanoke, Virginia, and protect aquatic resources. This ordinance seeks to meet that purpose through the following objectives: 1. Require that land-disturbing activities maintain the after-development runoff characteristics, as nearly as practicable, as the pre-development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage associated with land-disturbing activities. 2. Establish minimum design criteria for the protection of properties and aquatic resources downstream from land-disturbing activities from damages due to increases in volume, velocity, frequency, duration, and peak flow rate of storm water runoff; 3. Establish minimum design criteria for measures to minimize non-point source pollution from stormwater runoff which would otherwise degrade water quality; 4. Establish provisions for the long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; and 5. Establish certain administrative procedures for the submission, review, approval, and disapproval of stormwater plans, and the inspection of approved projects. 4 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-1.3 APPLICABILITY A. This ordinance shall be applicable to all subdivision, site plan, land-disturbing, or land use conversion applications including denuding and mass grading, unless eligible for a variance by the County of Roanoke under the specifications of Section 23-4 of this ordinance. B. The ordinance shall be applicable to land-disturbing activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land-disturbing activities may take place at different times on different schedules. C. All plans must be reviewed by the County of Roanoke to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. D. To prevent the adverse impacts of storm water runoff, the County of Roanoke has developed a set of performance standards that must be met at new land- disturbance activity sites. These standards apply to any land-disturbing activity disturbing 5,000 square feet or more of land. E. The following activities are exempt from these stormwater performance criteria: 1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia (1950), as amended; 2. Tilling, planting or harvesting of agricultural, horticultural, or forest crops; 3. Single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residential structures; 4. Residential land-disturbing activities that disturb less than 5,000 square feet of land area; 5. Linear development projects, provided that (i) less than 5,000 square feet of land will be disturbed per outfall, (ii) the resulting increase in the peak flow discharge from a 10-year storm event is less than 0.5 cubic feet per second (cfs), and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the County of Roanoke. 5 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A F. Any additions, extensions, and/or modifications to development which were previously exempt shall provide stormwater management for the entire combined development when the acreage limitations are exceeded. G. State projects are not exempt from the requirements of this ordinance. Section 23-1.4 COMP A T ABILITY WITH OTHER REQUIREMENTS This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall apply. Section 23-1.5 SEVERABILITY If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Ordinance. Section 23-1.6 STORMWATER MANAGEMENT DESIGN MANUAL A. The County of Roanoke will utilize the policy, criteria and information including specifications and standards of the County of Roanoke Storm water Management Design Manual for the proper implementation of the requirements of this ordinance. This document shall include a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. B. The County of Roanoke Stormwater Management Design Manual may be updated and revised from time to time, based on improvements in engineering, science, monitoring and local maintenance experience. The County Administrator shall authorize and approve any updates, supplements, or modifications to the County of Roanoke Stormwater Management Design Manual. C. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards. 6 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-2 DEFINITIONS The following words and terms, as used in this Chapter, shall have the following meanings unless the context requires a different meaning: "Adequate channel" means a channel that will convey the designated frequency storm event without overtopping the channel bank nor cause erosive damage to the channel bed or banks. "Applicant" means any person submitting a stormwater management plan for approval. "Aquatic bench" means a 10- to 15- foot wide bench around the perimeter ofa permanent pool that ranges in depth from zero to 12 inches. Vegetated with emergent plants, the bench augments pollutant removal, provides habitats, conceals trash and water level fluctuations, and enhances safety. "Average land cover condition" means a measure of the average amount of impervious surfaces within a watershed, defined to be 16 %. "Best Management Practice or BMP" means schedules of activities, prohibitions of practices, including both a structural or non structural practice, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "Bioretention basin" means a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a vegetated surface layer (vegetation, mulch, ground cover), planting soil, and sand bed, and into the in-situ material. "Bioretention filter" means a bioretention basin with the addition of a sand filter collection pipe system beneath the planting bed. "Board" means the Virginia Soil and Water Conservation Board. "Channel" means a natural or manmade waterway. "Clean Water Act or CW A" means the federal Clean Water Act (33 United States Code 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Conservation easement" means a legal agreement through which a landowner gives up certain uses and development rights to the property for purposes of conservation by way of a series of restrictions while maintaining ownership and management rights to the property. "Constructed wetlands" means areas intentionally designed and created to emulate the water quality improvement function of wetlands for the primary purpose of removing pollutants from storm water. "Construction activity" means any clearing, grading, or excavation associated with large construction activity or associated with small construction activity. 7 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "County" means the County of Roanoke, Virginia. "Department" means the Department of Conservation and Recreation. "Development" means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain two or more residential dwelling units. "Director" means the Director of Community Development or his designee. "Discharge" means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected dumped, pumped, leaked, or placed by any means. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm drainage conveyance. "Easement" means a legal right granted by a land owner to a grantee allowing the use of private land for a designated use. "Ephemeral stream" means a stream channel or reach of a stream channel that carries surface water runoff flow only during, and for a short durations as the result of, precipitation events, including snowmelt and rainfall and that has a channel bottom that is always above the groundwater table. "Erosion and sediment control plan" means a document containing information and material necessary for the conservation of soil and water resources of a lot or lots, in compliance with Chapter 8.1 of the Roanoke County Code. "Fee in lieu" means a payment of money in place of meeting all or part of the storm water performance standards required by this ordinance. "Flooding" means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage. "Grassed swale" means an earthen conveyance system which is broad and shallow with erosion resistant grasses and check dams, engineered to remove pollutants from stormwater runoff by filtration through grass and infiltration into the soil. "Hotspot" means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. "Hydrologic soil group or HSG" means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. "Illicit connection" means any point source discharge to the County of Roanoke's storm sewer system or to the waters of the United States, which is not composed entirely of stormwater and is not authorized by a NPDES permit. Failure of an industrial facility or construction site to notify the County of Roanoke's Director of Community Development ofa connection to the County of Roanoke's storm sewer system constitutes an illicit connection. "Illicit discharge" means any discharge to the storm sewer system or to the waters of the United States that is not composed entirely of stormwater, with the exception of discharges which are exempt pursuant to paragraph 23-5.7 ofthis Ordinance. Any discharge in violation of a VSMP, NPDES or VPDES or other stormwater discharge permit shall constitute an illicit discharge. 8 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "Impervious cover" means a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. "Industrial wastes" means liquid or wastes resulting from any process of industry, manufacture, trade, or business, or from the development of any natural resource. "Infiltration facility" means a stormwater management facility that temporarily impounds runoff and discharges it through the surrounding soil. While an infiltration facility may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an infiltration facility impounds runoff only temporarily, it is normally dry during non- rainfall periods. Infiltration basin, infiltration trench, infiltration dry well, and porous pavement shall be considered infiltration facilities. "Inspection" means an on-site review of the project's compliance with the permit, the local stormwater management program, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the enforcement of this chapter. "Intermittent stream" means a stream channel or reach of a stream channel that carries surface water runoff flow for only part of the year, typically during winter and spring when the channel bottom is below the groundwater table and which flow may be heavily supplemented by storm water runoff. "Jurisdictional wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. "Land disturbance" or "Land-disturbing activity" means a manmade change to the land surface that potentially changes its runoff characteristics including any clearing, grading, or excavation associated with a construction activity regulated pursuant to the Clean Water Act and this chapter. "Land disturbing permit" means a permit issued by the County of Roanoke for the clearing, filling, excavating, grading, transporting of land, or for any combination thereof or for any purpose set forth herein. "Land owner" or "Property owner" means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. "Linear development project" means a land disturbing activity that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; and (iii) highway construction projects. Roads constructed in association with residential, commercial, or industrial site development are not considered linear development projects. "Local stormwater management program" or "Local program" means a statement of the various methods employed by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, permit requirements, policies and guidelines, technical materials, inspection, enforcement, and evaluation consistent with this Chapter. The ordinance shall include 9 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A provisions to require the control of after-development stormwater runoff rate of flow, the proper maintenance of stormwater management facilities, and minimum administrative procedures. "Locality" means a county, city, or town. "Maintenance agreement" or "Facility maintenance agreement" means a legally recorded document that acts as a property deed restriction, and which provides for long- term maintenance of storm water management practices. "Manmade" means constructed by man. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including drainage systems, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that are owned and operated by a public body, and designed or used for collecting or conveying stormwater. "National Pollutant Discharge Elimination System or NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307,318,402, and 405 of the Clean Water Act. The term includes an approved program. "Non point source pollution" means pollution such as sediment, nitrogen and phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater runoff. "Nonpoint source pollutant runoff load" or "Pollutant discharge" means the average amount of a particular pollutant measured in pounds per year, delivered in a diffuse manner by stormwater runoff. "Off-site facility" means a stormwater management measure located outside the subject property boundary described in the permit application for land-disturbing activity. "Other wastes" means wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze, and other chemicals. "Owner" means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. "Percent impervious" means the impervious area within the site divided by the area of the site multiplied by 100. "Perennial stream" means a stream channel or reach of a stream channel that carries surface water runoff year round, and that has a channel bottom that is located below the groundwater table for most ofthe year. "Permit" means an approval issued by the County of Roanoke for the initiation of a land-disturbing activity. "Permittee" means the person to which a permit is issued. "Person" means any individual, corporation partnership, firm, association, joint venture, public or private or municipal corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate or governmental body or any other legal entity, or any agent or employee of any such person. 10 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "Plan-approving authority" means the County of Roanoke Department of Community Development, which shall be responsible for determining the adequacy of a submitted stormwater management plan. "Planning area" means a designated portion of the parcel on which the land-disturbing activity is located. Planning areas shall be established by delineation on a master plan. Once established, planning areas shall be applied consistently for all future projects. "Point source" means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agriculture stormwater runoff. "Post-development" refers to conditions that reasonably may be expected or anticipated to exist after completion of the land-disturbing activity on a specific site or tract of land. "Pre-development" refers to the conditions that exist at the time that plans for the land development of a tract of land are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted, to a maximum of 5 years prior to plan approval, shall establish pre- development conditions. "Program authority" means a district, county, city or town which has adopted a stormwater management program which as been approved by the Virginia Board of Conservation and Recreation. "Recharge" means the replenishment of underground water reserves. "Redevelopment" means the process of developing land that is or has been previously developed. "Regional (watershed-wide) stormwater management facility" or "Regional facility" means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development. "Regional (watershed-wide) stormwater management plan" or "Regional plan" means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities. "Runoff' or "Stormwater runoff' means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. "Sand filter" means a contained bed of sand that acts to filter the first flush of runoff. The runoff is then collected beneath the sand bed and conveyed to an adequate discharge point or infiltrated into the in-situ soils. "Shallow marsh" means a zone within a stormwater extended detention facility that exists from the surface of the normal pool to a depth of six to 18 inches, and has a large surface area and, therefore requires a reliable source of base flow, groundwater supply, or a sizeable drainage area to maintain the desired water surface elevations to support emergent vegetation "Site" means the land or water area where any facility or activity is physically located or conducted, a parcel of land being developed, or a designated planning area in which the land-disturbing activity is located. 11 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. "Steep slope" means any slope greater than 1 vertical to 3 horizontal ratio or 33.3 percent slope. "Storm sewer system" or "Storm drainage system" means the conveyance or system of conveyances located within County of Roanoke, which are designed or used for collecting, storing, or conveying storm water or through which stormwater is collected, stored, or conveyed, including, but not limited to roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention, and infiltration basins, and other facilities. "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. "Stormwater detention basin" or "Detention basin" means a stormwater management facility that temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during non-rainfall periods. "Stormwater extended detention basin" or "Extended detention basin" means a stormwater management facility that temporarily impounds runoff and discharges it through a hydraulic structure over a period of time to a downstream conveyance system for the purpose of water quality enhancement or stream channel erosion control. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and, therefore, are not considered in the facility's design. Since an extended detention basin impounds runoff only, temporarily, it is normally dry during non-rainfall periods. "Stormwater extended detention basin-enhanced" or "Extended detention basin- enhanced" means an extended detention basin modified to increase pollutant removal by providing a shallow marsh in the lower stage of the basin. "Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Stormwater management plan" means a document containing material for describing how existing runoff characteristics will be maintained by a land-disturbing activity and methods for complying with the requirements of the local program or this Chapter. "Stormwater retention basin" or "Retention basin" means a stormwater management facility that includes s permanent impoundment, or normal pool of water, for the purpose of enhancing water quality and, therefore, is normally wet, even during nonrainfall periods. Storm runoff inflows may be temporarily stored above this permanent impoundment for the purpose of reducing flooding, or stream channel erosion. "Stormwater retention basin I" or "Retention basin I" means a retention basin with the volume of the permanent pool equal to three times the water quality volume. "Stormwater retention basin II" or "Retention basin II" means a retention basin with the volume of the permanent pool equal to four times the water quality volume. 12 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A "Stormwater retention basin III" or "Retention basin III" means a retention basin with the volume of the permanent pool equal to four times the water quality volume with the addition of an aquatic bench. "Subdivision" means the division of a parcel of land into two (2) or more parcels of any size by the establishment of new boundaries lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. "Total Maximum Daily Load or TMDL" means a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. "Town" means the incorporated Town of Vinton. "Vegetated filter strip" means a densely vegetated section of land engineered to accept runoff as overland sheet flow from upstream development. It shall adopt any vegetated form, from grassy meadow to small forest. The vegetative cover facilitates pollutant removal through filtration, sediment deposition, infiltration and absorption, and is dedicated for that purpose. "Virginia Pollutant Discharge Elimination System Permit" or "VPDES Permit" means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. "Virginia Stormwater Management Program" or "VSMP" means the Virginia program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing requirements pursuant to the federal Clean Water Act, the Virginia Stormwater Management Act, this Chapter, and associated guidance documents. "Virginia Stormwater Management Program Permit" or "VSMP Permit" means a document issued by the permit-issuing authority pursuant to the Virginia Stormwater Management Act authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters. Under the approved state program, a VSMP permit is equivalent to a NPDES permit. "Water quality volume or WQV" means the volume equal to the first 12 inch of runoff multiplied by the impervious surface of the land-disturbing activity. "Watercourse" means a lake, 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. "Waters of the United States" is as defined in 40 CFR 122.2 as "(a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate "wetlands;" (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign 13 S tormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) "Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CW A (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States." "Watershed" means a defined land area drained by a river, stream, drainage ways or system of connecting rivers, streams, or drainage ways such that all surface water within the area flows through a single outlet. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 14 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-3 PROGRAM PERMIT PROCEDURES AND REQUIREMENTS Section 23-3.1 PERMIT REQUIRED A. No land owner or land operator shall receive any building, grading or other land development permits required for land-disturbing activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. B. Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than 180 days, the County of Roanoke may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the authority finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land-disturbing activities. C. No land development permit, building permit, or other land-disturbing activity shall be granted or extended for more than five (5) consecutive years from the date of the original permit issuance without reevaluation ofthe stormwater management requirements of this Ordinance. Section 23-3.2 PERMIT APPLICATION REQUIREMENTS A. Unless specifically exempted by this ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the County of Roanoke a permit application on a form provided by the County of Roanoke for that purpose. B. Unless specifically exempted by this ordinance, a permit application must be accompanied by the following in order that the permit application be considered: 1. Stormwater management plan in accordance with Section 23-3.3; 2. Maintenance agreement in accordance with Section 23-3.4; 3. Performance bond in accordance with Section 23-3.5; 4. Permit application and plan review fee in accordance with Section 23-3.6; and C. Permit applications shall comply with the requirements contained within the Roanoke County Land Development Procedures that is available at the County of Roanoke Department of Community Development office. 15 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-3.3 STORMWATER MANAGEMENT PLANS A. No application for land development, land use conversion, or land-disturbing activity will be approved unless it includes a stormwater management plan, as required by this ordinance, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. B. No building, grading, or sediment control permit shall be issued until a satisfactory stormwater management plan, or a variance thereof, shall have undergone a review and been approved by County of Roanoke after determining that the plan or variance is consistent with the requirements of this Ordinance. C. Submittal, review, approval, and resubmittal of stormwater management concept and design plans shall comply with the requirements set forth in the Roanoke County Land Development Procedures. Section 23-3.4 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the permittee or owner of the site must execute an access easement agreement and a formal maintenance covenant that shall be binding on all subsequent owners of land served by the stormwater management facility. A. Access Easement Agreement 1. The Access Easement Agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the County of Roanoke, or their contractor or agent, and for regular assessments of land owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance. The easement agreement shall be recorded by County of Roanoke in the land records. 2. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives ofthe County of Roanoke shall be authorized to enter any public or private property at any reasonable time for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation ofthis ordinance. 16 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A B. Maintenance Covenants 1. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by County of Roanoke and recorded into the land record prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance. 2. Responsibility for the operation and maintenance of storm water management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. 3. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" prOVISIons. 4. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the County of Roanoke reserves the authority to perform the work and to recover the costs from the land owner. Section 23-3.5 PERFORMANCE BONDS A. The County of Roanoke may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement, all of which shall be in a form approved by the County of Roanoke, prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permittee as required by the approved stormwater management plan. B. The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the permit, plus 10%. C. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. 17 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. If the County of Roanoke takes such action upon such failure by the permittee, the County of Roanoke may collect from the permittee the difference should the amount ofthe reasonable cost of such action exceed the amount of the security held. E. At the request of the permittee, at the completion of the requirements of the approved stormwater management plan in the form of certified as-built report and survey, such bond, cash escrow, letter of credit or other legal arrangement, shall be refunded to the permittee or terminated. F. These requirements are in addition to all other provisions of the County of Roanoke ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. Section 23-3.6 PERMIT APPLICATION REVIEW FEES There shall be a reasonable fee charged for the processing of stormwater management permit applications. Applicants shall submit a plan review and permit fee to the County of Roanoke at the time of submission of the stormwater management plan. Such fee schedule shall be established by resolution of the Roanoke County Board of Supervisors and a copy shall be maintained in the County of Roanoke Department of Community Development office. Section 23-3.7 PERMIT APPLICATION PROCEDURE A. Applications for land disturbance activities, and all related construction activity and plans may be filed with the County of Roanoke on any regular business day. B. Permit applications and the stormwater management plan shall include all of the information required by the County of Roanoke Stormwater Management Design Manual. C. Permit applications and the stormwater management plan will be reviewed in accordance with the Roanoke County Land Development Procedures. D. If the permit application, stormwater management plan and maintenance agreement are approved by the County of Roanoke, the following conditions apply: 1. The applicant shall comply with all applicable requirements of the approved plan and this ordinance and shall certify that all land clearing, construction, land disturbance and drainage will be done according to the approved plan. 18 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 2. The land-disturbing activity and development shall be conducted only within the area specified in the approved plan. 3. The County of Roanoke shall be allowed to conduct periodic inspections of the project. 4. The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the County of Roanoke may require to ensure compliance with the approved plan and to determine whether the plan provides effective storm water management. 5. No changes may be made to an approved plan without review and written approval by the County of Roanoke. 6. A certified inspection, in accordance with Section 23-6.2, of all aspects of the stormwater management facility construction, including surface as- built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. E. Where a construction project or a land disturbance activity has not been completed within five (5) years of the approval of the storm water management plan, the applicant shall revise, if necessary, and resubmit the stormwater management plan to the County of Roanoke for review. The County of Roanoke shall review the resubmitted stormwater management plan in accordance with the requirements set forth in this Ordinance. 19 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-4 VARIANCES Section 23-4.1 VARIANCES FOR PROVIDING STORMW ATER MANAGEMENT A. Every applicant shall provide for stormwater management, unless they file a written request for a variance to this requirement. Requests for variance to the stormwater management plan requirements shall be submitted in writing to the County of Roanoke Director of Community Development for approval. B. A variance from the stormwater management regulations may be granted by the County of Roanoke Director of Community Development, provided that: (i) the variance to the criteria are the minimum necessary to afford relief and (ii) reasonable and appropriate conditions shall be imposed as necessary upon any variance granted so that the intent of this ordinance is preserved. C. The minimum requirements for stormwater management may be granted a variance in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: 1. It can be demonstrated that the proposed development will not impair attainment of the objectives of this ordinance. 2. Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the County of Roanoke and that is required to be implemented by local ordinance. 3. Provisions are made to manage stormwater by an off-site facility. The off- site facility is required to be in place, designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and has a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice. 4. The County of Roanoke finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site. 5. The County of Roanoke may waive the requirements for stormwater management for quantity only in cases where site development has an increase of less than 0.5 cubic feet per second discharge based on a 10- year frequency discharge rate. 20 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. Economic hardship is not a reason to grant a variance from the requirements of this chapter. E. In instances in which C.l through C.5 applies, the County of Roanoke may grant a variance from strict compliance with stormwater management provisions when not reasonably achieved, provided that acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the County of Roanoke that the downstream waterways will not be subject to: 1. Deterioration of existing culverts, bridges, dams, and other structures; 2. Deterioration of biological functions or habitat; 3. Accelerated streambank or streambed erosion or siltation; 4. Increased threat of flood damage to public health, life and property. F. Fee-In-Lieu Options 1. If a regional stormwater management facility, designed to control storm water quantity or quality, currently operates or is scheduled to be constructed downstream of the proposed development, the County of Roanoke has the option to require the developer to pay a fee for its share of the responsibility of the regional stormwater management facility. 2. Paying a fee-in-lieu of stormwater management practices does not relieve the developer of meeting any requirements of this stormwater ordinance other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site. Section 23-4.2 APPEALS Any applicant under the provision of this ordinance, who is aggrieved by any action of the County of Roanoke or its agent in approving or disapproving any action set forth by this ordinance, shall have the right to apply for and receive a review of such action by the Roanoke County Board of Supervisors. In reviewing the agent's actions, the Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Board of Supervisors decision shall be final. Any applicant who seeks an appeal hearing before the Board of Supervisors shall be heard at the next regularly scheduled Board of Supervisors public hearing provided that the Board of Supervisors and other involved parties have at least 30 days prior notice. 21 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A Final decisions of the County of Roanoke under this ordinance shall be subject to review by the County of Roanoke Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities. 22 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-5 GENERAL CRITERIA FOR STORMW A TER MANAGEMENT For general and specific criteria for stormwater management calculations, designs, and implementation, reference the County of Roanoke Stormwater Management Design Manual. The following technical criteria shall be applied on all applicable land- disturbing activities. Section 23-5.1 GENERAL A. Determination of flooding and channel erosion impacts to receiving streams due to land-disturbing activities shall be measured at each point of discharge from the land disturbance and such determination shall include any runoff from the balance of the watershed which also contributes to that point of discharge. B. The specified design storms shall be defined as either a 24-hour storm using the rainfall distribution recommended by the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) when using NRCS methods, or as the storm of critical duration that produces the greatest required storage volume at the site when using a design method such as the Modified Rational Method. C. F or purposes of computing runoff, all pervious lands in the site shall be assumed prior to disturbance to be in good condition (if the lands are pastures, lawns, or parks), with good cover (if the lands are woods), or with conservation treatment (ifthe lands are cultivated); regardless of conditions existing at the time of computation. D. For land disturbing activities, pre-development runoff quantities shall be computed based on pre-construction land conditions that existed over the past five (5) years prior to the application date that results in the lowest pre-development peak rate of runoff. For sites being redeveloped, pre-development conditions runoff quantities shall be computed based on the site conditions that existed over the past five (5) years prior to the application date that results in the highest pre-development peak rate of runoff. E. Construction of storm water management facilities or modifications to channels shall comply with all applicable laws and regulations. Evidence of approval of all necessary permits shall be presented. F. Impounding structures that are not covered by the Impounding Structure Regulations (4V AC 50-20) shall be engineered for structural integrity during the 1 DO-year storm event. 23 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A G. Pre-development and post-development runoff rates shall be verified by calculations that are consistent with good engineering practices. H. Outflows from a stormwater management facility or stormwater conveyance system shall be discharged to an adequate channel as described in Chapter 5.3 of the County of Roanoke Stormwater Management Design Manual. I. Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the land disturbance as a whole. Individual lots in new subdivisions shall not be considered separate land-disturbing activities, but rather the entire subdivision shall be considered a single land- disturbing activity. Hydrologic parameters shall reflect the ultimate land disturbance and shall be used in all engineering calculations. J. All stormwater management facilities shall have an inspection and maintenance plan which identifies the owner and the responsible party for carrying out the inspection and maintenance plan. K. Construction of stormwater management impoundment structures within a Federal Emergency Management Agency (FEMA) designated lOO-year floodplain shall be avoided to the extent possible. When this is unavoidable, all stormwater management facility construction shall be in compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59. Site development within the FEMA designated 1 OO-year floodplain shall be in accordance with the County of Roanoke requirements set forth in Section 30-74 of the County of Roanoke Zoning Ordinance. L. Natural channel characteristics shall be preserved to the maximum extent practicable. M. Land-disturbing activities shall comply with the Erosion and Sediment Control Ordinance of the County of Roanoke, Virginia. N. Non-structural stormwater practices and low impact development (LID) practices designed to reduce the volume of stormwater runoff are encouraged to reduce the amount of stormwater runoff that must be managed. This will help to minimize the reliance on structural practices which require ongoing maintenance in order to be effective. 1. The County of Roanoke may allow non-structural stormwater practices to be used in conjunction with or in place of structural measures in order to satisfy, partially or in whole, the requirements of this ordinance, if the performance and implementation standards of such measures are documented in peer reviewed technical literature, are acceptable to the 24 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A County of Roanoke based on its exercise of sound professional judgment, and the County of Roanoke finds that the measures would achieve equivalent benefit for water quantity or water quality protection as would otherwise be provided by structural measures. 2. Non-structural site and LID development measures may include, but are not limited to, maintaining undisturbed naturally vegetated areas, minimization of impervious surfaces, stream buffer restoration, providing additional stream buffer areas, wetland restoration, water reuse and recycling, and development design that reduces the rate, time of concentration, and volume of stormwater runoff. O. The design of all stormwater management facilities and structures shall incorporate appropriate safety measures which may include safety ledges, fencing, warning signs, anti-vortex devices, stadia rod indicating depth at the lowest point, outlet structures designed to limit public access, and other appropriate measures as applicable. P. Outlets from storm water management facilities shall be designed to function without manual, electrical, or mechanical controls. Section 23-5.2 STRUCTURAL STORMW ATER MANAGEMENT PRACTICES A. Minimum Control Requirements 1. All storm water management practices shall be designed so that the specific storm frequency peak discharge flow rate and storage volumes are met, unless County of Roanoke grants the applicant a variance or the applicant is exempt from such requirements. 2. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, as determined by the County of Roanoke, the County of Roanoke reserves the right to impose additional requirements deemed necessary to protect downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of storm water runoff. B. Site Design Feasibility Storm water management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: 1. Topography 2. Maximum drainage area 3. Depth to water table 4. Soils 25 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 5. Slopes 6. Terrain 7. Hydraulic head 8. Location in relation to environmentally sensitive features C. Conveyance Issues All stormwater management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to: 1. Maximizing of flowpaths from inflow points to outflow points 2. Protection of inlet and outfall structures 3. Elimination of erosive flow velocities 4. Providing of under drain systems, where applicable D. Pretreatment Requirements Storm water treatment practices may be required to have an acceptable form of water quality pretreatment. Stormwater infiltration practices or practices having an infiltration component are prohibited, even with pretreatment, in the following circumstances: 1. Where bedrock, impermeable strata or clay lenses, or groundwater is present within 3 feet below the invert of the infiltration practice; 2. Where the infiltration practice will be placed in fill material; 3. Where the infiltration practice will be placed in soils with 30 percent or greater clay content, or the soils have an infiltration rate of less than 0.52 inches per hour or greater than 8.27 inches per hour; 4. Where the infiltration practice will be placed on a slope of greater than 20 percent; 5. Where the infiltration practice is within 20 feet downgradient of a structure or 100 feet upgradient of a structure, or within 100 feet of a drinking water well, or within 20 feet of a wastewater septic tank or drain field; 6. Where the underlying geology is defined as karst geology; 7. Where stormwater is generated from highly contaminated source areas known as "hotspots" or where stormwater runoff includes a contaminated non-stormwater component; 26 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 8. Where stormwater is being managed in a designated groundwater recharge area. E. Treatment/Geometry Conditions All stormwater management practices shall be designed to capture and treat storm water runoff according to the specifications outlined in the County of Roanoke Stormwater Management Design Manual. These specifications will designate the water quality treatment and water quantity criteria that apply to an approved storm water management practice. F. Landscaping Plans Required All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. This plan must be prepared by a qualified individual familiar with the selection of emergent and upland vegetation appropriate for the selected BMP. G. Maintenance Agreements A legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities. In addition, all stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all access easements required for the County of Roanoke to periodically access and inspect the stormwater treatment practices. Section 23-5.3 WATER QUALITY Unless judged by the County of Roanoke for a project to be exempt, the following criteria shall be addressed for storm water management at all land-disturbing activities: A. All storm water runoff from land-disturbing activities impervious areas shall be treated by appropriate best management practices prior to leaving the property unless BMPs are not required to meet the water quality requirements of this Chapter. B. Compliance with the water quality criteria may be achieved by applying the performance-based or the technology-based criteria to either the site or a planning area. C. Performance-based criteria. For land-disturbing activities, the calculated post- development non-point source pollutant runoff load shall be compared to the calculated pre-development load based upon the average land cover condition or the existing site condition. BMPs shall be located, designed, and maintained to 27 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A achieve the target pollutant removal efficiencies specified in Table 1 to effectively reduce the pollutant load to the required level based upon the following four applicable land development situations for which the performance criteria apply: 1. Situation 1 consists of land-disturbing activities where the existing percent impervious cover is less than or equal to the average land cover condition and the proposed improvements will create a total percent impervious cover which is less than the average land cover condition. Requirement: No reduction in the after disturbance pollutant discharge is required. 2. Situation 2 consists of land-disturbing activities where the existing percent impervious cover is less than or equal to the average land cover condition and the proposed improvements will create a total percent impervious cover which is greater than the average land cover condition. Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the average land cover condition. 3. Situation 3 consists of land-disturbing activities, where the existing percent impervious cover is greater than the average land cover condition. Requirement: The pollutant discharge after disturbance shall not exceed (i) the pollutant discharge based on existing conditions less 10% or (ii) the pollutant discharge based on the average land cover condition, whichever is greater. 4. Situation 4 consists ofland-disturbing activities where the existing percent impervious cover is served by an existing storm water management BMP that addresses water quality. Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the existing percent impervious cover while served by the existing BMP. The existing BMP shall be shown to have been designed and constructed in accordance with proper design standards and specifications, and to be in proper functioning condition. 28 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A Table 1 * Water Quality BMP Target Phosphorus Percent Impervious Removal Efficiency Cover Vegetated Filter Strip 10% 16- 21 % Grassed Swale 15% Constructed Wetlands 20% Extended Detention (2x WQV) 35% 22-37% Retention Basin I (3x WQV) 40% Bioretention Basin 50% Bioretention Filter 50% Extended Detention-Enhanced 50% 38-66% Retention Basin II (4x WQV) 50% Infiltration I (Ix WQV) 50% Sand Filter 65% Infiltration II (2x WQV) 65% 67-100% Retention Basin II (3x WQV 65% with Aquatic Bench) * Innovative or alternate BMPs not included in this table may be allowed at the discretion of the local program authority. Innovative or alternate BMPs not included in this table which target appropriate non- point source pollution other than phosphorous (such as petroleum, hydrocarbons, sediment, etc.) may be allowed at the discretion of the local program authority. D. Technology-based criteria. For land-disturbing activities, the post-developed stormwater runoff from the impervious cover shall be treated by an appropriate BMP as required by the post-developed condition percent impervious cover as specified in Table 1. The selected BMP shall be located, designed, and maintained to perform at the target pollutant removal efficiency specified in Table 1. E. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the County of Roanoke. F. Industrial sites which are listed under the Standard Industrial Code that are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites. G. Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", may require the use of specific structural BMPs and pollution prevention practices. Increased pollutants can include 29 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A hydrocarbons, traces metals, pesticides, and other toxics that are not found in typical stormwater runoff. The following land uses and activities are designated as stormwater hotspots in County of Roanoke: 1. Vehicle salvage yards and recycling facilities; 2. Vehicle fueling stations; 3. Vehicle service and maintenance facilities; 4. Vehicle and equipment cleaning facilities; 5. Fleet storage areas (bus, truck, etc); 6. Industrial sites; 7. Marinas (service and maintenance areas); 8. Outdoor liquid container storage; 9. Outdoor loading and unloading facilities; 10. Public works storage areas; 11. Facilities that generate or store hazardous materials; 12. Commercial container nursery; 13. Golf courses; 14. Chemical storage; 15. Dry cleaning operations. H. In addition to BMP requirements set forth by this ordinance, golf courses shall meet the following performance standards. 1. Managed turf shall be reduced by including areas of rough devoted to native plants, natural environments, and wildlife habitat enhancement; 2. An Integrated Pest Management and nutrient management plan shall be submitted for review and approval; 3. Native or naturalized landscaping shall be used to the extent possible; 4. Natural vegetation and trees along streams shall be retained to the extent possible; 5. Stream crossings shall be minimized; 6. Irrigation, drainage and retention systems shall be designed to provide for efficient use of water and the protection of water quality; 7. Water reuse strategies shall be employed when feasible; 8. Adherence to the "Environmental Principles of Golf Courses in the United States" published by the Center for Resource Management is encouraged. 30 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 9. A Nutrient Management Plan shall be developed by a certified Nutrient Management Planner consistent with DCR's Nutrient Management Training and Certification Regulations. 1. Prior to the design of stormwater management systems, applicants are encouraged to consult with the County of Roanoke to determine ifthey are subject to additional storm water design requirements due to environmental quality concerns at the proposed land-disturbance activity or development site. Section 23-5.4 STREAM CHANNEL EROSION A. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the County of Roanoke Storm water Management Design Manual. B. Properties and receiving waterways downstream of any land-disturbing activity shall be protected from erosion and damage due to changes in runoff rate of flow and hydrologic characteristics, including, but not limited to, changes in volume, velocity, frequency, duration, and peak flow rate of storm water runoff in accordance with the minimum design standards set out in this section. C. The County of Roanoke may determine that some watersheds or receiving stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions brought on by land-disturbing activities. Section 23-5.5 FLOODING A. Calculation methodologies for determining peak flows as found in the County of Roanoke Storm water Management Design Manual shall be used for sizing all storm water management practices. B. Downstream properties and waterways shall be protected from damages from localized flooding due to changes in runoff rate of flow and hydrologic characteristics, including but not limited to, changes in volume, velocity, frequency, duration, and peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this section. C. The 25-year post-developed peak rate of runoff from the land-disturbing activity shall not exceed the 1 O-year pre-developed peak rate of runoff. The 1 O-year post- developed peak rate of runoff from the land-disturbing activity shall not exceed the 2-year pre-developed peak rate of runoff. When developing a stormwater management design, these criteria shall be considered individually. D. Where land is placed within a conservation easement that will be managed to leave land in, or return land to, wooded condition, the post-developed condition 31 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A may be considered to be woods in good condition, regardless of the actual post- development condition. Section 23-5.6 REGIONAL STORMW ATER MANAGEMENT PLANS A. The objective of a regional stormwater management plan is to address the stormwater management concerns in a given watershed with greater economy and efficiency by installing regional storm water management facilities versus individual, site-specific facilities. The result will be fewer storm water management facilities to design, build, and maintain in the affected watershed. It is also anticipated that regional stormwater management facilities will not only help mitigate the impacts of new development, but may also provide for the remediation of erosion, flooding or water quality problems caused by existing development within the given watershed. B. Applicants shall communicate with the County of Roanoke prior to submitting an application for stormwater management plan approval in accordance with Section 3 of this ordinance to determine if a regional storm water management plan has been developed for the applicable watershed. C. If such a regional stormwater management plan is in existence, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the regional plan and other management provisions as specified by the County of Roanoke. D. A regional stormwater management plan shall, at a minimum address the following: 1. The specific stormwater management issues within the targeted watersheds. 2. The technical criteria in 4 V AC 50-60-40 through 4 V AC 50-60-80 as needed. 3. The implications of any local comprehensive plans, zoning requirements, and other planning documents. 4. Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, implementation of regional stormwater utility fees, etc. 5. Maintenance of the selected stormwater management facilities. 6. Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level. 32 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-5.7 ILLICIT DISCHARGES A. It shall be unlawful and a violation ofthis ordinance to do any of the following: 1. Discharge, or cause or allow to be discharged, sewage, industrial wastes, or other wastes, into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewer system. 2. Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any sanitary sewer connected to the storm sewer as of the date of the adoption of this ordinance. 3. Connect, or cause or allow to be connected to the storm sewer system, without a valid VSMP, VPDES or NPDES permit, any structure that conveys any liquid other than stormwater or discharges listed in subsection B, including, but not limited to, pipes, drains, sanitary sewer lines, washing machine drains, or floor drains. 4. Prohibitions 2 and 3 listed in this subsection expressly include, without limitations, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 5. Throw, place, or deposit, or cause to be thrown, placed, or deposited in the storm sewer system anything that impedes or interferes with the free flow of stormwater therein. B. Subject to the provisions of subsection C, the following activities shall not be in violation of this ordinance: 1. Water line flushing; 2. Landscape irrigation; 3. Diverted stream flows or rising groundwater; 4. Infiltration of uncontaminated groundwater; 5. Pumping of uncontaminated groundwater; 6. Discharges from potable water sources, foundation drains, irrigation water, springs, and water from crawl spaces or footing drains; 7. Air conditioning condensation; 33 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 8. Lawn watering; 9. Residential car washing; 10. Dechlorinated swimming pool discharge; 11. Street washing; 12. Discharges or flows from emergency fire fighting activities and emergency response activities employing BMPs; 13. Any activity authorized by a valid Virginia Stormwater Management Program permit, a valid VPDES or NPDES permit, a valid Virginia Pollutant Abatement permit, or as may otherwise be permitted by law. C. In the event any of the activities listed in subparagraph B of this section are found to be the cause of pollutants to be discharged into the storm sewer system, the County of Roanoke Director of Community Development, or his designee, shall so notify the person performing such activities, and shall order that such activities be ceased or conducted in such a manner as to avoid the discharge of pollutants into the storm sewer system. The failure to comply with any such order shall constitute a violation of the provisions of this ordinance. D. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard wastes, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. The owner or such person's lessee shall not remove healthy bank vegetation beyond that necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to the watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Section 23-5.8 STEEP SLOPES For development requirements on steep slopes, see Chapter 8.1, Erosion and Sediment Control and Steep Slope Development Ordinance of the County of Roanoke, Virginia. 34 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-6 CONSTRUCTION INSPECTION Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this Chapter. Section 23-6.1 NOTICE OF CONSTRUCTION COMMENCEMENT A. The permittee must notify the County of Roanoke in advance before the commencement of construction. In addition, the permittee must notify the County of Roanoke in advance of construction of critical components of a stormwater management facility. B. Periodic inspections of the stormwater management system construction shall be conducted by the staff of the County of Roanoke or a professional engineer who has been approved by the County of Roanoke. C. Upon completion, the permittee is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall provide regular inspections during construction sufficient to adequately document compliance. All permittee inspections shall be documented and written reports prepared that contain the following information: 1. The date and location of the permittee inspection; 2. Whether construction is in compliance with the approved stormwater management plan; 3. Variations from the approved construction specifications; 4. Corrective actions that have been taken to correct previous violations; 5. Any violations that exist; and. 6. The name and signature of the person who performed the inspection. D. If the County of Roanoke inspections find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously completed has received approval from the County of Roanoke. E. The person responsible for carrying out the plan is required to provide inspection monitoring and reports to ensure compliance with the approved plan and to 35 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A determine whether the measures required in the plan provide effective stormwater management. F. If the County of Roanoke determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Section 23-8 ofthis Ordinance. Section 23-6.2 FINAL INSPECTION AND AS-BUILT DOCUMENTATION A. All permittees are required to submit "as built" plans and supporting documentation for any stormwater management practices located on-site after final construction is completed. The plan and documentation must show that that the installed stormwater management facility conforms to the requirements contained within the approved stormwater management plan. B. As-built documentation shall include the following: 1. As-built survey conducted following construction certified by a registered land surveyor or professional engineer. The survey shall include enough information to verify that storage capacities in ponds and other stormwater management structures are no less than the storage volume required by the approved storm water management plan. For retention and detention structures, a stage-storage summary table with design values and as-built values shall be included. The survey shall verify inverts and sizes of pipes, culverts, and outlet structures. Maximum tolerance shall be +/- 0.1 feet for structure and +/- 0.5 feet for finished grades. 2. The permittee's inspection log records with copies of all inspection test results documenting compliance with the approved stormwater management plan. 3. Redline revision of approved stormwater management plan. Place a check mark where design values agree with actual constructed values. For changed values enter the constructed value in red. 4. Certification statement, signed by the permittee and a Professional Engineer or Professional Land Surveyor, registered in the Commonwealth of Virginia, indicating conformance with the approved stormwater management plan. C. A final inspection and approval by the County of Roanoke is required before the release of any performance securities can occur. As built plans, acceptable to the County of Roanoke shall be submitted prior to the County of Roanoke's final inspection. 36 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. Ifit is determined from the as-built documentation that the storm drainage systems and the stormwater management facilities have not been constructed in accordance with the approved stormwater management plan, then corrective action will be taken to comply with the approved Plan or the permittee shall provide studies and information required by the County of Roanoke to demonstrate that the constructed system will function equivalent to the approved Stormwater Management Plan, including meeting all flow, velocity, and regulatory requirements and that the approved elevation-storage requirement is maintained. 37 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-7 MAINTENANCE AND REPAIR OF STORMWATER FACILITES Section 23-7.1 MAINTENANCE INSPECTIONS OF STORMWATER FACILITIES A. The person responsible for the maintenance and repair of stormwater management facilities during construction shall be the permittee. Following the completion and acceptance of construction, the person responsible for the maintenance and repair of storm water management facilities shall be the land owner. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement. All inspection, maintenance, and repair activities shall be documented. B. All stormwater structures and management facilities shall be maintained, repaired, and inspected as required by Section 23-7 of the Stormwater Management Ordinance. C. In addition to the inspections performed by the land owner, the County of Roanoke shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the County of Roanoke shall notify the land owner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the County of Roanoke, after reasonable notice, may correct a violation ofthe design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the land owner. Section 23-7.2 RECORDS OF MAINTENANCE AND REPAIR Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the County of Roanoke at reasonable times upon request. 38 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-8 ENFORCEMENT AND PENALTIES Section 23-8.1 VIOLATIONS Any land disturbance activity that is commenced or is conducted contrary to this Ordinance or the approved plans and permit, may be subject to the enforcement actions outlined in this section and the Virginia Stormwater Management Law. The enforcement and penalties for violation ofthe Storm water Management Ordinance shall apply to stormwater management required during construction and land-disturbing activities and post-construction operation and maintenance of stormwater structures and practices. Section 23-8.2 NOTICE OF VIOLATION A. When the County of Roanoke determines that an activity is not being carried out in accordance with the requirements of this Ordinance, it shall issue a written notice of violation delivered by registered or certified mail to the permittee, or if there is no permittee, to the land owner. B. The notice of violation shall contain: 1. The name and address of the permittee, or if there is no permittee, the land owner; 2. The address when available or a description of the building, structure or land upon which the violation is occurring; 3. A statement specifying the nature of the violation; 4. A description ofthe remedial measures necessary to bring the land- disturbing activity into compliance with this ordinance and a time schedule for the completion of such remedial action; 5. A statement ofthe penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. A statement that the determination of violation may be appealed by filing a written notice of appeal within thirty (30) days of service of notice of violation. 39 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-8.3 STOP WORK ORDERS A. Persons receiving a notice of violation are required to immediately halt all construction and land-disturbing activities not in conformance with the approved stormwater management plan. B. This "stop work order" shall be in effect until the County of Roanoke confirms that the land-disturbing activity is in compliance with the requirements of this ordinance and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article and upon conviction shall be subject to the penalties provided by this ordinance. Section 23-8.4 CIVIL AND CRIMINAL PENAL TIES A. Any person who violates any provision of a local ordinance or program adopted pursuant to the authority of the Virginia Stormwater Management Program Permit Regulations (4 V AC 50-60) shall be guilty of a Class I misdemeanor and shall be subject to a fine of not less than $2,500 and not exceeding $32,500 or up to twelve months imprisonment for each violation or both. B. Any person who knowingly makes a false statement in any form required to be submitted under this ordinance or renders any monitoring device or method to be maintained to ensure compliance shall be guilty of a felony and shall be subject to a fine of not less than $5,000 nor more than $50,000 and imprisonment for not less than one year nor more than three years for each violation. C. Any defendant, not an individual, shall, upon conviction of a violation under sub- paragraph A or B, be subject to a fine of not less than $10,000 per for each violation. D. Each day that a violation continues shall constitute a separate and distinct violation. E. In addition, the County of Roanoke may elect to seek civil penalties: 1. The County of Roanoke may apply to the circuit court to enjoin a violation or a threatened violation of the provisions of this ordinance without the necessity of showing that an adequate remedy at law does not exist. 2. Without limiting the remedies which may be obtained in this section, the County of Roanoke may bring a civil action against any person for violation of this ordinance or any condition of a permit. The action may seek the imposition of a civil penalty of not more than $10,000 against the person for each violation. 40 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 3. With the consent of any person who has violated or failed, neglected or refused to obey this ordinance or any condition of a permit, the County of Roanoke may provide, in an order issued by the County of Roanoke against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subdivision 2 of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subdivision 2. 4. The County of Roanoke may also bring civil action to recover costs necessary to abate water quality and public safety concerns from an applicant who violates this ordinance or any condition of a permit. Section 23-8.5 RESTORATION OF LANDS A. Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements. B. In the event that restoration is not undertaken within a reasonable time after notice, the County of Roanoke may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both. 41 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A