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HomeMy WebLinkAbout9/25/2007 - Regular September 25, 2007 889 Former Roanoke County Public Safety Center 3568 Peters Creek Road Roanoke, Virginia 24019 September 25, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the former Roanoke County Public Safety Center, this being the second Tuesday and the second regularly scheduled meeting of the month of September, 2007. INRE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. Chairman McNamara advised that the Board has temporarily changed the meeting location from today until December 4, 2007, to the former Roanoke County Public Safety Center, 3568 Peters Creek Road, Roanoke, Virginia, due to renovations to the Board meeting room at the Roanoke County Administration Center. Chairman McNamara stated that at 12:00 noon today the Board toured the Wolf Creek Subdivision, William Byrd High School and east County facilities. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Wanda G. Riley, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer 890 September 25, 2007 INRE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. Chairman McNamara thanked the various departments for their help with the transition of the Board meetings to the former Roanoke County Public Safety Center. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested that the recognition of Leisure Publishing be deferred until the participants arrive. It was the consensus of the Board that Ithis item be deferred. IN RE: INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1:. First readina 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 buildina. located near the intersection of Pleasant Hill Drive and Route 221. Windsor Hills Maaisterial District. upon the petition of Kenneth S. Gusler. Jr. 2. First readina of an ordinance to rezone 1.421 acres from R-3. Medium Density Multi-Familv Residential District. to C-2. General Commercial District. for the operation of an extended stay hotel. September 25, 2007 891 located near the intersection of Hershberaer Road and Oakland Boulevard. Hollins Maaisterial District. upon the petition of Auslo. Inc. 3. First readina 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 buildina. located near the intersection of Valleypointe Parkway and Valleypark Drive. Catawba Maaisterial District. upon the petition of Timberbrook Properties !!h LLC. Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for October 23, 2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1:. Proclamation commemoratina the 35th anniversary of Leisure Publishina Chairman McNamara presented the proclamation to J. Richard Wells, Owner and Founder of Leisure Publishing. The Board thanked Mr. Wells for his contributions to the community and wished him many more successful years in business. 892 September 25, 2007 IN RE: SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the creation and conveyance of ! new sanitary sewer easement to the Western Virginia Water Authority throuah Green Hill Park in order to provide sewer service for GCT Development. LLC. Catawba Magisterial District. (Pete Haislip. Director of Parks. Recreation and Tourism) 0-092507-1 Mr. Haislip explained that the Board had originally approved an ordinance creating this new sanitary sewer easement in April 2005. He stated that minor field engineering adjustments were made to this easement and this ordinance reflects those adjustments. There was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 092507 -1 AUTHORIZING CONVEYANCE OF A 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 September 25, 2007 893 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 a 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 894 September 25, 2007 IN RE: APPOINTMENTS 1. Capital Improvement Proaram (CIP) Review Committee (Appointed ~ District) Chairman McNamara advised the following 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 Vallev Council Chairman McNamara advised that the two-year term of Dennis "Chip" Harris expired on June 30, 2007. The Clerk was directed to contact Mr. Harris to see if he is willing to serve an additional term and, if so, to place confirmation of his appointment on the Consent Agenda at the next meeting. 3. Economic Development Authority Chairman McNamara advised that 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. September 25, 2007 895 Chairman McNamara advised that Anthony Conner has expressed his willingness to be appointed to this authority. It was the consensus of the Board that this appointment be placed on the Consent Agenda. 4. Grievance Panel Chairman McNamara advised that the three-year term of Lee Blair will expire on October 10, 2007. Chairman McNamara advised that the three year term of Joanne Thompson will expire on October 31, 2007 5. Western Virainia Water Authoritv Board of Directors Chairman McNamara advised that the three-year term of Elmer C. Hodge expired on June 30,2007. He advised that this appointment will be discussed in closed meeting. INRE: CONSENT AGENDA R-092507 -2 Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 092507-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA 896 September 25, 2007 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 6 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 6. Confirmation of committee appointment 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. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None INRE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None September 25, 2007 897 INRE: 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Accounts Paid - Auaust 2007 5. Statement of expenditures and estimated and actual revenues for the month ended Auaust 31. 2007 CLOSED MEETING At 3:25 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions 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, specifically the Western Virginia Water Authority. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: WORK SESSIONS 1: Work Session reaardina Virainia Department of Transportation (VDOl) Photo-Red Proaram (John Chambliss. Assistant County Administrator: Rav Lavinder. Chief of Police) The work session was held from 3:40 p.m. until 4:10 p.m. The following staff members were in attendance at the meeting: Elmer Hodge, County Administrator; Paul Mahoney, County Attorney; John Chambliss, 898 September 25, 2007 Assistant County Administrator; Ray Lavinder, Chief of Police; Lt. Matt Viar, Police Department. Mr. Chambliss, Chief Lavinder, and Lt. Viar presented the concept of the Photo Red Program legislation that was approved in the 2007 session of the General Assembly and the options available to the County for operating this new program if it is adopted. The program requires the installation of cameras at intersections that will record the license plate of those vehicles that run red lights. The options available are: (1) the County would submit a Request for Proposals (RFP) to purchase the equipment and operate the program itself - estimated at $240,000-$280,000 per intersection; or (2) contract with an outside company who will install the equipment and operate the program for the County (approximate cost of $18,000 per month per intersection) and share the net revenues. Mr. Chambliss noted that VDOT requires traffic studies prior to installation of the cameras and the General Assembly legislation requires a public education program. He advised that although Roanoke County could qualify to place this equipment at eight or nine intersections, (one intersection per 10,000 population), staff suggested looking at four or five intersections initially for the possible installation of the cameras. He noted that the maximum fee in Virginia if you are caught running a red light under this program is $50. This violation does not go against the person's driving record. September 25, 2007 899 Supervisor Altizer requested that Chief Lavinder provide the Board with the number of vehicles running red lights in the County. Supervisor Altizer also requested information on where the money that is received from this program can be used. Supervisor Flora stated that he would like to see what other communities are doing in regards to the Photo-Red Program and the costs associated with the program. He noted that safety should be the issue and the money received from the program, if it goes forward, should be used to make the intersections safer, and should not be a revenue producer. Mr. Chambliss stated that he would try to obtain more current information from studies conducted by other states. Supervisor McNamara asked what happens if someone doesn't pay the fine when they run a light and are caught by the Photo-Red program. Chief Lavinder advised that the owner of the vehicle would be issued a summons to be subpoenaed to court if they do not pay the fine for the violation. It was the consensus of the Board for staff to proceed with the RFP process to determine the cost and to bring the information back to the Board. 2. Work Session to discuss issues related to zonina enforcement (Elmer C. Hodae, County Administrator) The work session was held from 4: 1 0 p.m. until 4:50 p.m. The following staff members were in attendance at the meeting: Elmer 900 September 25, 2007 Hodge, County Administrator; Paul Mahoney, County Attorney; Arnold Covey, Director of Community Development; Philip Thompson, Deputy Director of Planning) Mr. Hodge thanked the Board for touring the Wolf Creek development, which is a blend of development styles that was begun in 1995. He stated that proffers in the Wolf Creek development are very detailed and specific and he noted areas where the developers did not adhere to the proffers. Mr. Hodge stated that proffers should be built as the development is built and not after the completion of the development as has been done in Wolf Creek. Mr. Hodge noted that when issues and problems arise with proffers, they need to be caught early in the process. With regards to the private roads in Wolf Creek, Mr. Hodge advised that, other than the slope and the width of the roads, they were to be built to state standards. Mr. Hodge stated that adherence to proffers is the developer's responsibility and advised that staff is reviewing procedures on coordination of projects among the staff in order to follow up on proffers. Mr. Hodge suggested that the Board have a joint work session with the Planning Commission to review proffers, cluster development, private road standards. September 25, 2007 901 Supervisor Altizer suggested that the County find ways to require bonds for certain amenities so the County will have the means to complete projects if the developer does not do so. He also suggested that there be more clarity on submitted plans so they are understandable, define timelines for completion of proffers, and establish certified construction standards for private roads. He also stated he would like to have feedback from the staff and the County Attorney as to proffers that were approved, but should not have been approved. He suggested that the board should have a joint work session with the Planning Commission to review these items. Supervisor Flora stated that the development of Wolf Creek is atypical and does not routinely happen by a majority of the developers who honor their proffers. He stated that he did not want to see a bureaucracy that makes it difficult for developers to build in the County. He further stated that Wolf Creek is an attractive project, but the developers did not follow through on the promises they made to the Board in 1995. Supervisor Wray stated that when people build in a private development, he felt they expected the roads to be built to state standards so that school buses and fire trucks can have access to their homes. He further stated that standards have to be set and monitored. Supervisor Church stated that he did not want to penalize all the good developers just to get the attention of a few who are not abiding by their proffers. He further stated that the process needs to be reviewed and proffers need to be monitored. 902 September 25, 2007 Supervisor McNamara asked about options available to the homeowners, and if the homeowners associations could sue the developer if proffers are not met. Mr. Mahoney advised that the homeowners would have a private right of action if promised certain items and the developer did not follow through. He stated that one of the difficult matters is that many developers establish a Limited Liability Corporation (LLC) for that specific project, and if someone sues that particular LLC, it is possible the only asset that LLC may have is a few unsold lots and minor equipment. He explained that if others are also suing the LLC, the homeowner may be third or fourth in line to recover any damages and there may not be any assets available by the time it gets to them. He explained that the same thing is true of the County and if the County were to sue a developer, there is a chance there would be no assets left in the LLC to fix the problems. Mr. Mahoney suggested that the County could look at other mechanisms of enforcement in an effort to be proactive, such as requiring performance guarantees if amenities are not installed, and withholding future building permits for that development if proffered conditions are not fulfilled. Mr. Mahoney explained that with commercial development, the County can withhold a Certificate of Occupancy; therefore, there are not as many problems with commercial developments as there are with residential. September 25, 2007 903 Supervisor Altizer stated that substantial major changes in proffered conditions should come back to the Board for approval and he asked the County Attorney and the staff in Community Development to make a determination on the major changes that need to come back to the Board for approval. He stated that some of the roads in Wolf Creek were to be stone-pebbled roads, but instead the roads are asphalt. He stated that it takes an action of the Board to remove that proffered condition. He stated that the Board has not acted to change that proffered condition and if the residents decide they want a stone-pebbled road, then the developer needs to remove the paved road and install the stone-pebbled road. Mr. Hodge stated that several of those changes should have been brought back to the Board. Supervisor Wray suggested that proffered conditions that are subject to interpretation need to be refined and drastic changes need to be brought back to the Board. Mr. Hodge stated that in the future, the Planning Commission agenda and proffered conditions being offered by developers will be reviewed by the County Attorney prior to going to the Commissioners. Supervisor Altizer thanked the staff for their time and assistance In reviewing the Wolf Creek situation. 904 September 25, 2007 INRE: CERTIFICATION RESOLUTION R-092507 -3 At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION R-092507-3 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 members 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. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None September 25, 2007 905 INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman McNamara recognized Girl Scout Troop 919 from Penn Forest Christian Church who is working on "My Community" badges. INRE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. CONTINUED UNTIL OCTOBER ~ 2007. AT THE REQUEST OF THE PETITIONER. Second readina of an ordinance to obtain ! Special Use Permit to operate! construction yard in an AV. AariculturalNillaae Center District. on 1.87 acres. located at 2914 Jae Valley Road. Vinton Maaisterial District. upon the petition of McNeil Asphalt Maintenance. Inc. (Philip Thompson. Deputy Director of Plannina) Chairman McNamara advised that this item has been continued at the request of the petitioner. 2. Second readina of an ordinance to rezone 15.67 acres from C-1 C. Office District with conditions. to PTD. Planned Technoloay Development District. for the operation of an office and assembly of technoloaical/enaineered products. located at 1325 Electric Road. Windsor Hills Maaisterial District. upon the petition of Fralin & Waldron Commercial Rental. (Philip Thompson. Deputy Director of Plannina) 0-092507 -4 906 September 25, 2007 Mr. Thompson stated that Fralin and Waldron Commercial Rental is requesting the rezoning of 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. He stated that it is proposed to rent the facility to TMGE to assemble these products. He further stated that the site housed the old Atlantic Mutual Office Building, which was constructed 1977 and has a little over 140,000 square feet. He stated that currently MFX Company occupies a portion of that building with 80 employees and they will remain in that building. Mr. Thompson explained that the petitioner is proposing to utilize the existing building and also build a new 28,800 square foot building that will be 28 feet tall, which will house the proposed assembly operation, associated shipping and receiving areas, warehouse, and office space. He stated that the proposed building will be constructed over an existing parking lot and the architecture will complement the existing building. He advised that additional landscaping will be installed to supplement the existing buffer on the western boundary line. He stated that access will be along the existing entrances on Keagy and Electric Roads and 128 parking spaces will be removed to construct the new building, which will leave 475 spaces. He stated that the site will be served by public water and sewer and in accordance with the Planned Technology District, all utilities will be located underground and stormwater management will be handled through the existing pond that is on-site. He stated that the surrounding land uses are single family homes to the north, south, east, and west, September 25, 2007 907 and office and commercial to the north and east. He advised that the Community Plan has this property designated transition and neighborhood conservation. He stated that the proposal generally conforms to the transition designation; however, the proposal is not consistent with the neighborhood conservation designation, but neither is the existing zoning or land use designation. Mr. Thompson stated that a community meeting was held August 16, 2007, with approximately 8-10 citizens in attendance. He stated their questions and concerns were encroachment of business use into residential neighborhoods, impact on property values, landscape screening, petitioner's proposed use of the property, potential future uses of the property, and notification of the community meeting. Mr. Thompson noted that the Planning Commission held a public hearing on September 4, 2007, and one citizen spoke with concerns about intrusion into the neighborhood and effects of development on the quality of life in the neighborhood. He stated that the Planning Commission asked about the assembly process and asked for clarification on the process of the notification of the community meeting. Mr. Thompson advised that the Planning Commission recommended approval of the rezoning request with eight proffered conditions: 1. The property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects dated August 16, 2007. 2. The design and elevation will be in substantial conformity with the 908 September 25, 2007 Elevation Plan prepared by Hughes Associates Architects dated August 16, 2007. 3. The new structure will be started within three (3) years and will be completed within forth-eight (48) months from rezoning. 4. The use of the property shall be limited to C-1 Office District and Industry, Type 1, but only for assembly of electrical appliances. 5. The Industry, Type 1 use 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 sign. 7. Any new freestanding light poles shall not exceed 14 feet in height. 8. New landscaping in the western buffer yard shall meet the following standards: Evergreen trees shall be a minimum 2-inch caliper and evergreen shrubs a minimum of 36-inches in height. Daniel Barnes with the law firm of Osterhoudt, Prillaman and Natt was present to introduce Andy Kelderhouse of Fralin and Waldron, the petitioner, to speak about the proposed uses of the property. Mr. Kelderhouse, President of Fralin and Waldron, Inc., stated that the site location for the proposed building was chosen after an extensive look at the entire site. He stated that had it gone anywhere else on the property, it would have interrupted a great deal of ground and would have used some wooded space to supplement the September 25, 2007 909 parking space loss. He stated that the parking lot this building is being placed upon is conducive to traffic with light truck traffic, and the traffic flow will minimize any impact on the neighborhood. He stated there are no new entrances planned and no additional impervious areas being added to the site with a small net gain in green space. Mr. Kelderhouse stated that at one time Atlantic Mutual had 600 employees, but TMGE and MFX are looking at a maximum of 450 employees. Steven Peak, Technology Executive of TMGE, addressed the Board and spoke in support of the rezoning request. He stated that TMGE Automation Systems is a joint venture between Toshiba, Mitsubishi Electric, and GE. The original joint venture was created in October 2000, and the offices are currently located at the GE plant in Salem. He explained that this venture is a high-tech systems integration or engineering company with over 300 employees, and that the proposed site and location are ideal for their company. He stated that the company engineers systems and does not manufacture products. He noted that most of the products selected for their systems are purchased and shipped directly to their customers. He stated that they do have a growing need to assemble some electrical control cabinets for their projects and for their R&D projects. He stated that their need for a large office space combined with smaller assembly area fits the PTD description very well. He further stated that the co-location of the offices and the assembly building make this an ideal choice for a new home for their company. He advised that all current and new employees will move to this new location. He stated that after construction of the new building, the assembly operation 910 September 25, 2007 will create 20-25 new jobs, depending on business conditions. He stated that TMGE wants to remain in the Roanoke Valley and asked for the Board's favorable consideration. Supervisor Flora asked if all activity would take place inside the building and Mr. Kelderhouse stated that it would. Supervisor Altizer asked about the distance from the back of the building to existing residents on the westerly side and Mr. Kelderhouse stated that it is approximately 75-80 feet. Mr. Kelderhouse also stated that the hours of operation of the facility will be 8:00 a.m. - 5:00 p.m. and that lighting will be down lit. George Hurst who lives on McVitty Road was present and asked to view the map only. There were no other citizens to speak. Supervisor Wray asked if there would be any signage on the building and Mr. Kelderhouse said that none exists and none is intended. Supervisor McNamara moved to adopt the ordinance with the proffered conditions. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 092507-4 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 TECHNOLOGICALI ENGINEERED 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 September 25, 2007 911 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: 912 September 25, 2007 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 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. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Second readina of an ordinance amendina the Roanoke County Code Irl the adoption of ~ ~ Chapter 23. Stormwater Manaaement. amendina Section 8.1-5. "Local Erosion and Sediment Control Proaram". repealina Section 500 of the "Desian and Construction Standards Manual". adoptina ~ new "Stormwater Manaaement Desian Manual". and providina for an effective date. (Arnold Covey. Director of Community Development) 0-092507 -5 Mr. Covey stated that this process began in March 2003 when the Board adopted a resolution with the Department of Environmental Quality (DEQ) to move forward with the permit and one of the items in the permit was to adopt a Stormwater Management Ordinance addressing stormwater quality. He noted that the regulations are mandated by the Environmental Protection Agency through the Clean Water Act to September 25, 2007 913 control water pollution by regulating the sources that discharge pollutants into the waters of the United States. He explained that Roanoke County is among the Phase II communities in Virginia required to adopt the Stormwater Management Ordinance addressing water quality. He further explained that a Phase II community IS a municipality, like Roanoke County, with a population of less than 100,000. He explained that the proposed Stormwater Management Ordinance will only apply to new construction and redevelopment of property and is not intended to require current stormwater facilities to retrofit existing facilities currently in place. He stated that the proposed ordinance is based on the state model ordinance. He stated that the County hired Hayes, Seay, Mattern & Mattern, Inc., (HSMM) to provide technical assistance and to work closely with our engineering staff in drafting the ordinance. He explained that 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. He advised that participants and stakeholders that have been a part of the process along with the County's engineering staff include DEQ, VDOT, Roanoke Valley Alleghany Regional Commission, Town of Vinton staff, local engineering firms, local contractors, homebuilders, and a citizens advisory committee. He further advised that to remain in compliance with the Federal and State Regulations under the Clean Water Act, the County of Roanoke needs to adopt a new stormwater ordinance. Mr. Covey advised that this proposed ordinance will make significant 914 September 25, 2007 changes to the development review process and the inspections process. He further advised that the new stormwater management facility design being proposed by the County will require existing property owners or homeowner associations to maintain records of inspections, maintenance, and repair to the stormwater facility and to retain these records for at least five years. He stated that these records are to be made available to the County upon request, and each calendar year the property owner or responsible party shall mail copies of the documentation of inspections and maintenance activities that occurred during that year to the County. Mr. Covey stated that in an effort to educate the community about the new Stormwater Management Ordinance, the Ordinance and Design Manual have been placed on the Community Development Department's website, and staff has developed a brochure that will be mailed to the responsible party of existing stormwater management facilities that will help owners understand their responsibility for maintenance. He stated that later this year, staff will be conducting a training session with local engineers and architects on the new design permitting process. He stated that staff is working with Roanoke Valley Television to produce programming that will address the new ordinance. Mr. Covey stated that the effective date of the Stormwater Management Ordinance is scheduled for January 1, 2008. Melody Williams, Executive Vice President of the Roanoke Regional Homebuilders Association (RRHBA), spoke on behalf of the homebuilders association. September 25, 2007 915 She stated that the homebuilders association was pleased to have had the opportunity to provide input to the engineering staff and to the Board regarding the draft stormwater management ordinance and design manual. She stated that members of the RRHBA, many who live and work within the County, have participated in the beginning to establish the new ordinance and design manual. She further stated that overall the RRHBA is satisfied with the drafts in their current form and commended those involved for the amount of time and thought put forth to create the documents that have been written to be, as they understand it, in accordance with state law and in the best interest of the County and its citizens. She stated that as they understand it, the Board's vote will make this ordinance effective January 1, 2008, and any changes will require another action on their part. She further stated that the related design manual is a document that in their opinion is not yet complete, and any changes and additions can be handled administratively by staff. She advised that she makes this point because there are still some key components of the design manual not yet in place, and areas they believe are critical to their industry's effort to produce affordable housing to County citizens. She stated that specifically, they have discussed with County staff the important of continuing to develop Chapter 3 which pertains to easements, and Chapter 8 regarding residential lot drainage. She further stated that she would be remiss if she did not once again express the association's concern regarding the negative impact many regulations have on the provision of affordable housing. Ms. Williams thanked the Board for the opportunity of being a part of this important process and stated that she 916 September 25, 2007 hoped the association did their members and County proud by the comments provided and the professionalism they strive to provide. She added that the association stands ready to help in anyway they can, especially as these additional chapters within the design manual are developed. Supervisor McNamara asked Mr. Covey to explain the changes to Chapters 3 and 8 of the design manual. Mr. Covey stated that the concerns is the implementation and understanding of the design process criteria and he stated that staff is working on a graph and chart that will be easy to interpret. He stated that this will not have to come back to the Board for approval. Supervisor Wray thanked Ms. Williams and the RRHBA for working with the staff in developing the new stormwater management ordinance and design manual. Supervisor McNamara moved to adopt the ordinance. Motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 092507-5 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 September 25, 2007 917 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 Manaaement Desian 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 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 918 September 25, 2007 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. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Altizer: He thanked the Board members for touring the Wolf Creek development, and he stated that he knew the citizens appreciated it. Supervisor Flora: (1) He requested a briefing from staff at a future Board meeting regarding neighborhood issues and numerous people living in one single family residence. (2) He stated that the letter that went out to residents from the Community Development Department regarding the flood plain and the impact the new regulations might have has created a number of phone calls to him. He stated that he appreciated Mr. Covey's office returning the citizens' phone calls. He asked Mr. Covey to continue working with the residents who have concerns with the impact this may have on their properties. He stated that some people are missing a word in the letter which reads, "if your land and structure lie in the flood plain you will be required to buy flood insurance." He stated that he felt people were missing the word "structure." September 25, 2007 919 Supervisor Wrav: (1) He asked Mr. Hodge to wish Doug Chittum a "Happy Birthday." (2) He requested that staff look at adding bike lanes on future road improvements and specifically mentioned Buck Mountain Road. (3) He advised that he had been in touch with Congressman Goodlatte's office and the Parkway staff, and the painting of the Parkway bridge over Route 220 at the new car dealership is included in their budget and will painted either in fall 2007 or spring 2008, but most likely in the spring of 2008. (4) He stated that he is working with Verizon and other providers to get DSL service in the Clearbrook area. (5) He congratulated the staff on winning the Virginia Municipal League (VML) award for TEK Camp. Supervisor Church: (1) He recognized Girl Scout Troop 919 as being one of the first visitors to the relocated Board room at the old Public Safety Center and thanked County staff for the smooth transition to the facility. (2) He requested that he and Mr. Hodge meet with Dan Miles of the Roanoke Valley Resource Authority in response to a request from Dean Smith about the "Wasteline Express" blowing the train whistle on its trip to the landfill. (3) He stated he had received a call from Ed Bindas and he will contact him. (4) He told Melody Williams that she is a strong asset to the Roanoke Regional Homebuilders Association and that the Board appreciated her input. Supervisor McNamara: (1) He stated that he is working to get DSL on Bent Mountain. (2) He thanked Vice Chairman Flora for attending meetings and filling in for him over the past two weeks when he was unable to attend. 920 September 25, 2007 INRE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:50 p.m. Submitted by: Approved by: Wanda G. Riley Clerk to the Board A/lv~~ eph P. McNamara hairman