HomeMy WebLinkAbout5/24/2022 - Regular May 24, 2022 635
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second regularly scheduled
meeting of the month of May 2022. Audio and video recordings of this meeting will be
held on file for a minimum of five (5) years in the office of the Clerk to the Board of
Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Vice Chairman Peters called the meeting to order at 3:01 p.m. The roll
call was taken.
MEMBERS PRESENT: Vice Chairman P. Jason Peters; Supervisors Martha B.
Hooker, Phil C. North and David Radford
MEMBERS ABSENT: Supervisor Paul M. Mahoney
STAFF PRESENT: Richard L. Caywood, County Administrator; Rebecca
Owens, Deputy County Administrator; Doug Blount,
Assistant County Administrator, Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Hooker asked to add to the Consent Agenda the
reappointment of Catherine Nugent to the Social Services Advisory Board. There-was
no objection.'
636 May 24, 2022
IN RE: NEW BUSINESS
1. Request to approve the County of Roanoke Electoral Board fiscal
year 2022-2023 Elections Operating Budget requests (Laurie
Gearheart, Director of Finance and Management Services; Ken
Srpan, Chairman of the Electoral Board; Anna Cloeter, General
Registrar - Director of Elections)
A PowerPoint presentation was provided; Laurie Gearheart went through
the financial information.
Supervisor North inquired if what was on the PowerPoint is the baseline
and the additional numbers would be over and above with Ms. Gearheart responding in
the affirmative.
Mr. Srpan asked that the Board of Supervisors and County administration
provide the Elections Department with the tools and staff in fiscal year 2022-2023 and
beyond to assure that every election in the County is conducted with the greatest
integrity.
Ms. Cloeter provided the information on the request for additional funding.
Supervisor Peters stated there has been conversations over the last
couple of years about increasing the pay for the staff people that are working the day of
elections. Is this included in the requests for $68,029? Ms. Cloeter responded in the
negative stating that is not her most immediate concern. She feels if we could have
more people so that Election Day is a little less stressful for the few people who are
willing to work the polls would be more acceptable. Supervisor Peters asked how much
they receive a day, with Ms. Cloeter responding $175 for a regular officer; a chief gets
$250 and a co-chief gets $225.
Supervisor North then stated the voter care processing cost is $36,500 for 75,000 voter
cards with Ms. Cloeter responding in the affirmative. Supervisor North added that would
not be done until the State of Virginia approves our redistricting plan, is that correct? Or
is this going to be done twice. The reason he is asking is that there is a primary coming
up. Ms. Cloeter responded they have done the first stage of the redistricting by updating
all of our precincts with their new Congressional district assignments, but we cannot
update our new precinct lines until we get approval from the Attorney General's office.
We are hoping they will have it to us by the end of July so we can move on with the
process and get every voter their official voter cards for
just sending out letters with a copy of the card attached at the bottom saying, "This is
your new congressional district assignment. This is where you'll vote." And then for the
sixth and ninth district, they have one of two inserts. One says, "You have an election in
which you can participate this summer." One says, "Your next election will be November
2022." So those are with our mail processor now, and they are being mailed out as we
speak_ Supervisor North stated so that cost is going to be $36,500 with Ms. Cloeter
May 24, 2022 637
responding the cost for that mailing was already in the budget. The $36,500 is for
mailing new voter cards. We have to send the actual voter cards by first-class mail,
which greatly increase the cost of postage. Supervisor North stated on June 21st, there
is a primary in the sixth district with Ms. Cloeter responding there is a Republican Party
primary in the sixth Congressional district. Supervisor North stated they are using the
old cards with Ms. Cloeter confirming at the old precincts, but that will change in
November. Ms. Cloeter advised there will be more mailings going out about that as
well.
Supervisor North stated another County has already received approval of
every redistricting, whereas we were led to believe we would not send anything in until
close to or July 1st to the Attorney General's office. Ms. Cloeter advised they have
already sent everything in. Mr. Lubeck, County Attorney, advised he did not know if it's
the staff of the attorney general's office and whether they're equipped to deal with all of
the districting changes that needed to be made. I assume that that may be part of it. But
there was some mixed direction that we received, that they had asked us to be ready to
submit at one time, but later changed the direction to ask us to delay our submission so
that we would keep the congressional primary districts as they are until the
congressional primary changes. He does not think that there's pressure on the office to
approve until after this congressional primary takes place. That might play into it as well.
Supervisor North then stated early voting started back in May for the June
21st primary, which Ms. Cloeter confirmed. Supervisor North then asked approximately
how many people have voted so far in early voting. Ms. Cloeter responded they sent
400 ballots by mail and have seen only about 30 people in-person.
Supervisor Radford inquired going back to the $68,000, his question
concerns the Brambleton Center. In 2020, we were trying to get that Center opened a
lot sooner. Has your Board addressed that and is it addressed in the $68,000 so we
can open Brambleton? Ms. Cloeter responded that is addressed in the staffing request
that was made. The $68,000 is just for officers who would work maybe early voting on
Election Day and pre-processing of absentee votes. We will discuss the cost of having
someone to help us coordinate staffing Brambleton when we discuss staffing .:in the
presentation.
Next, Ms. Cloeter explained they have paid the hardware and firmware
warranties for voting machines since 2015, but it is not included in our budget. We
would like to right size that to ensure that we've had these machines for seven (7) years
now and we are going to have them for two (2) more. It is really imperative they
continue to work and function properly so warranties are a great idea.
Supervisor Peters as if it is mandated they are replaced every two (2)
years with Ms. Cloeter responding in the negative, it is just when we have them included
in our capital improvement plan. It is generally accepted that the useful life of voting
machines is about ten (10) years.
Ms. Cloeter explained we are also requesting $18,150 for ballot-on-
demand printers and licenses. $8,150 will be a one-time cost, but the licenses for the
638 May 24, 2022
printers that will work with our poll books will be a recurring $10,000 a year cost. These
will permit us to comply with very recently approved bills from the General Assembly
that mandate-reporting absentee results by precinct and by the manner in which the
vote was cast. when you see results for November, you're going to see them broken
down not only by central absentee precinct, but by the voters assigned precinct as well
as whether they voted in-person before Election Day or absentee by mail. So instead of
that takes us from going to anywhere between one and 16 ballot styles that we normally
had, because we could let the precincts that are in the same electoral district share
ballots, to a minimum of 33 to 68 ballot styles for the county, which would be somewhat
difficult for our staff to keep organized during in-person early voting. So, this new
system would allow us to check a voter in and automatically print their correct ballot for
them.
Supervisor North stated he thinks he knows some of the answers, but is
also asking for the benefit of the public listening at home. The increased Election Day
ballot order, I get that the legislation intended to make it more transparent where people
were voting from, and understand all that, but along with that comes additional cost.
Let's take the primary, June 21st, historically, looking at the June 2018, and June of
2020, which were Federal primaries. There was only just over 5,000 one year and about
5,800 another year in those two years named. So, with that said, how many ballots do
you have to print for that election this year? Are you going to only print like 63 or 400?
Ms. Cloeter responded this year we printed 50%. Of the 40,000 voters we have who are
eligible to participate, we printed 50%. We can always order more if necessary. You
don't want to be sued because you didn't order enough. But we didn't see, with past
turnout, any reason to order more than that. Supervisor North responded so you
ordered about 20,000 ballots with Ms. Cloeter responding in the affirmative. Supervisor
North noted that is 50% and historically, we are probably only going to get maybe six
percent (6%). Ms. Cloeter responded we might get six percent (6%) if we are lucky.
Supervisor North commented there is going to be a lot of paper left over, which also
increases the cost. Ms. Cloeter responding in the affirmative stating we should be
lessening. our overall cost of ballots for early voting. But then because you're printing
ballots on demand for early voting, the wiggle room we used to have by being able to
use our leftover early voting ballots and send them to precincts that were running low
will be eliminated. So, then we're going to have to up our Election Day orders
specifically as well and that is the other$15,000 that we requested.
Supervisor Hooker stated she assumes that when you have the new,
ballot-on-demand printer, it will automatically log all that tracking information on how the
voter is voting, if it's early, etc. Ms. Cloeter responded it will tell how they checked in. It
will not record any information about their vote or how they voted. Supervisor Peters
added and the precinct they are assigned to. Ms. Cloeter added It should help. I think
the other thing that you've got to remember goes into it is that when we do our logic and
acceptance testing for our machines, instead of having to program them to read and
accept various marks between one and 16 different ballot styles, we're going to have to
May 24, 2022 639
program them to accept and recognize 33 to 68 different ballot styles now. So, in a lot of
ways, it'll make result reporting much easier and much clearer to voters, but there will
be more work on the back end to make that path happen.
Ms. Cloeter continued we've reviewed right now is a request for $155,689
additional dollars in operating funds. We're also requesting two new full-time positions.
The first of these is a generic office support specialist. When my deputy started in our
office back in 2015, she was an office support specialist, and all she did was process
voter registrations, help people at the front counter, and answer phone calls. She's
doing considerably more than that now, and the daily jobs that she used to do, we are
actually having to pass on to part-time staff who are great and wonderful, but it would be
nice to be able to put somebody in that position to do the job consistently and that we
could train up and have work in the office regular hours. The second job we're
requesting is an early and absentee voting assistant. This is the position that would,
among other things, help us coordinate staffing of a second office. What we'd like to do
is use officers of election, get them with more hands-on experience with the voting poll
books and the machines before Election Day. We'd like to use them to staff Brambleton
and possibly keep Brambleton open for more than a week or two weeks like we have in
the past because we know that a lot of our voters in Southwest County really do not like
traveling to Vinton, even though Vinton is great. But that's one of the things that we'd
like to have this extra position to help us do. They would also help us with coordinating
officers. One of the most important things is we've got a lot of schools and retirement
communities in the County, and we have considerable difficulty getting these voters the
service that they need in order to make their votes count. There's a lot of confusion
about how you request an absentee ballot and how you have to return it; how you
update your voter registration. So, what we'd like to do is have somebody available to,
multiple times a year, go out to these places and assist anyone with questions and
making sure that it's done right the first time so that there are no delays right before the
election happens that could prevent their votes from being counted.
Supervisor Peters stated he thinks it was last year or the year before. With
the Brambleton Center, he was under the understanding that we were only able to open
it so many days ahead of the election. He thought that was because of some mandate.
Ms. Cloeter responded not because it was purely our staffing with the demand we had
at Brambleton and the need to get people in and train them, she didn't have the capacity
to put anyone over there and be assured that it would run smoothly. We felt like we
could make it work for two weeks, but that was really pushing it in November 2020.
Supervisor Peters asked what would be your expectation for the Brambleton Center
under this scenario? Ms. Cloeter responded it is her hope that we'd have it open a
month to three weeks before every election so that voters in Southwest County would
111 have almost as much time as everybody who's on the north part of the county to vote
early. Supervisor Peters asked he is looking to have equality in both facilities. Could we
have both of them open 45 days? Ms. Cloeter advised it something we would do our
best to achieve. Supervisor Peters stated he felt the full benefit of adding full-time
640 May 24, 2022
employees would be that we could offer the same thing in Vinton or at the Brambleton
Center. Ms. Cloeter responded that would be what we would like to do. It depends on
how many officers of elections we have willing to work that early in the election season.
But even just having one person to be in charge of the Brambleton Center itself would
allow us to ensure some consistent level of service over their period. Our goal would be
to make it as available as possible, but that would, of course, depend on the number of
officers we have who are willing to work that far in advance.
Supervisor North indicated that was almost a 48% increase over the
$551,000 budget, roughly, that Ms. Gearheart presented.
Supervisor Radford noted he was asking earlier about Brambleton
because they are getting the calls. Ms. Cloeter advised they would like to be able when
we put out our notice in the paper about these are the dates and times that everything
will be available, we'd like to be able to say they're the same across the board. I can't
promise that if we get a position, we'd be able to open it for the first 45 days in June
2023. But the goal would be for the presidential, at.a minimum, that we have everything
ironed out and worked out so that we can staff Brambleton just as consistently as we
staff our office in Vinton.
Supervisor Peters commented he wanted to clarify that he is looking for is
at least by 2024 for the presidential year, I'd like to see it equal.
It was the consensus of the Board to have both locations open at the
same time.
A-052422-1
2. Resolution authorizing an amendment to the consulting services
agreement with AECOM for . the Fallowater Lane Extension
Project, Cave Spring Magisterial District (Megan Cronise,
Assistant Director of Planning)
Ms. Cronise provided a PowerPoint presentation outlining the request for
the amendment.
Supervisor Radford inquired if the: $126,000 increase was all on the
design side with Ms. Cronise explaining it is partially design ;it is partially because
AECOM is providing our construction administration services through MVP. So, the
longer that the project goes, the longer that MVP needs to be on the site. We need to
continue to pay MVP to be on the site during construction. So that's the large chunk,
and particularly the last few supplements, is construction administration services.
Supervisor Radford then asked if there is an actual cost in construction; has that gone
up. Ms. Cronise advised yes it has gone up. There was no further discussion.
111 May 24, 2022 641
RESOLUTION 052422-2 AUTHORIZING AN AMENDMENT TO
THE CONSULTING SERVICES AGREEMENT WITH AECOM TO
EXTEND CONSTRUCTION ADMINISTRATION AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE
FALLOWATER LANE EXTENSION PROJECT
WHEREAS, the Fallowater Lane Extension project includes reconstructing an
existing private access drive to improve access to future development in 'the area
designated as The Ridges in the adopted 419 Town Center Plan; and
WHEREAS, as this project is currently five (5) months behind schedule due to
several unforeseen and unexpected challenges, AECOM has submitted supplements to
the original contract totaling $126,323, or thirty-two point four percent (32.4%) of the
original contract; and
WHEREAS, Roanoke County procurement regulations and the Procurement
Code of Virginia require that changes exceeding twenty-five percent (25%) of the
original contract be approved by the Board of Supervisors; and
WHEREAS, County staff recommends amending the contract with AECOM to
$530,000, an increase of thirty-six percent (36%) over the original contract amount.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute an amendment to the AECOM Consultation Services Agreement
to authorize expenses up to $530,000 to extend construction administration and
construction management services for the Fallowater Lane Extension project, which
agreement shall be reviewed and approved as to form by the County Attorney.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
IN RE: FIRST READING OF ORDINANCES
1. Ordinance accepting and appropriating funds in the amount of
$9,147,263 from the Department of the Treasury for the locality-
based allocation distributed as a component of the American
Rescue Plan Act (ARPA) of 2021 (Laurie Gearheart, Director of
Finance and Management Services)
Ms. Gearheart outlined the request for ordinance. Supervisor Peters stated it is his
understanding that the Federal government has now given clarity that you can do
whatever you want with the first $10 million. Is that correct. Ms. Gearheart responded
642 May 24, 2022
in the affirmative. Supervisor Peters stated so we no longer have to follow certain
boxes that limit us on what we can use it for. Ms. Gearheart responded the revenue
loss, which again is the category that you're referring to and you can use up to $10
million, which I have brought to the board in previous work sessions and got approval to
use the 10 million. It is a broader category and has less restrictions. There was no
further discussion.
Supervisor Hooker's motion to approve the first reading and set the
second reading for June 14, 2022, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Mahoney
2. Ordinance authorizing the granting of public utility easements to
the Western Virginia Water Authority on property owned by the
Roanoke County Board of Supervisors (Tax Map 036.03-01-62.00-
0000 and 036.03-01-01.00-0000) located at 1204, 1206 and 1216
Kessler Mill Road, Catawba Magisterial District (Doug Blount,
Assistant County Administrator)
Mr. Blount outlined the request for ordinance. There was no discussion.
Supervisor Hooker's motion to approve the first reading and set the
second reading for June 14, 2022, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Peters, Hooker, North, Radford
NAYS: None
'ABSENT: Supervisor Mahoney
3. Ordinance authorizing the acquisition of a permanent easement
for Long Ridge Trail on property located off Twelve O'Clock Knob
Road in the Windsor Hills Magisterial District (Tax Parcel ID
075.00-01-05.01-0000) (Lindsay Webb, Parks Planning and
Development Manager)
Ms. Webb outlined the request for ordinance. There was no discussion.
Supervisor Radford's motion to approve the first reading and set the
second reading for June 14, 2022, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
May 24, 2022 643
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance designating Sugar Loaf Mountain Nature Preserve,
located in the Windsor Hills Magisterial District, to be retained
and used for the preservation and provision of open-space land
(Tax Map Number 076.01-01-07.00-0000) (Lindsay Webb, Parks,
Planning and Development Manager)
Ms. Webb advised there was one change since the firsts reading that was
a change to reference the ordinance number.
Supervisor Radford asked does this get us from the Happy Hollow area all
the way to one side of 12 O'clock or is it just a little short section of green he is seeing?
Ms. Webb explained in your board packet, there's an aerial map that shows a property
highlighted in red. That is the 90-acre parcel that's the subject property in question
today. There is road frontage on 12 O'clock Knob, and there is about 600 linear feet
between that and Poor Mountain Preserve to the west and then there's probably about
2,000 linear feet between the eastern boundary of this property of Happy Hollow. There
was no further discussion.
ORDINANCE. 052422-3 DESIGNATING SUGAR LOAF
MOUNTAIN NATURE PRESERVE, LOCATED IN THE WINDSOR
HILLS MAGISTERIAL DISTRICT, TO BE RETAINED AND USED
FOR THE PRESERVATION AND PROVISION OF OPEN-SPACE
LAND (TAX MAP NUMBER: 076.01-01-07.00-0000)
WHEREAS, the County owns a parcel of real estate containing approximately
46.31 acres, more commonly known as Sugar Loaf Mountain Nature Preserve, in the
Windsor Hills Magisterial District of Roanoke County, Virginia, and further designated as
Roanoke County Tax Map Number 076.01-01-07.00-0000 (the "Property"); and
WHEREAS, Virginia Code § 10.1-1701 specifically authorizes the County, as a
"public body" defined in Virginia Code § 10.1-1700, to designate any real property in
which it has an interest of not less than five years' duration to be retained and used for
the preservation and provision of open-space land, so long as the use of the real
property for open-space land conforms to the official comprehensive plan for the area in
which the property is located; and
WHEREAS, the County intends to protect and preserve, in perpetuity, the entire
Property as open-space land, as specifically set forth on the "EXHIBIT SHOWING
STORMWATER FOREST/OPEN SPACE CONSERVATION EASEMENT (2,017,263.60
SF) BEING RESERVED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY"
644 May 24, 2022
dated February 23, 2022, and prepared by the Roanoke County Department of
Development Services, which is attached hereto; and
WHEREAS, the use of the Property for open-space land conforms to the official
comprehensive plan for the area in which the Property is located; and
WHEREAS, the County intends to accomplish the protection and preservation of
the entire Property, as fully depicted on the attached exhibit, for the purpose of (1)
providing water quality offsets for regulated land disturbing activities that occur, or will
occur, on other lands owned by the County of Roanoke (in order to satisfy water quality
requirements of the State of Virginia Stormwater Management Regulations), and (2)
providing for open-space land on the Property by restricting the use of the Property, as
hereinafter set forth; and
WHEREAS, the County desires to create a public record of the intended formal
designation of these enumerated areas by recordation of a deed restriction with the
attached exhibit of the Property amongst the official land records maintained by the
Clerk of the Circuit Court of Roanoke County, Virginia; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the deed
restriction be authorized by ordinance; and
WHEREAS, a first reading of this ordinance was held on May 10, 2022 and the
second reading was held on May 24, 2022; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Sugar Loaf Mountain Nature Preserve is hereby designated as open-
space land, and is to be retained and used for the preservation and provision of open-
space land pursuant to Virginia Code § 10.1-1700 et seq.
2. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute the deed restriction, and any other such documents and
take such further actions as may be necessary to accomplish this item, all of which shall
be on a form approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
2. Ordinance accepting and appropriating funds in the amount of
$250 from Earle and Glenna Mackenzie for the County of Roanoke
Fire & Rescue Department (C. Travis Griffith, Chief of Fire and
Rescue)
May 24, 2022 645
Chief Griffith advised no changes since the first reading. There was no
discussion.
ORDINANCE 052422-4 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $250 FROM EARLE AND GLENNA
MACKENZIE FOR THE COUNTY OF ROANOKE FIRE &
RESCUE DEPARTMENT IN MEMORY OF JAMES CECIL
WHEREAS, Earle and Glenna Mackenzie, citizens of the Vinton area, donated
$250 to the County Fire and Rescue Department in memory of James Cecil; and
WHEREAS, the funds received will be allocated to purchase rescue equipment at
Vinton Station No. 2; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on May 10, 2022, and the
second reading was held on May 24, 2022.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $250 made available to the Roanoke County Fire &
Rescue Department is accepted and appropriated to the general fund.
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
IN RE: CONSENT AGENDA
RESOLUTION 052422-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM G - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
646 May 24, 2022
That the certain section of the agenda of the Board of Supervisors for May 24,
2022, designated as Item G - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes— February 8, 2022
2. Request to accept and allocate funds in the amount of $2,752.73 to the
Clerk of the Circuit Court from the Commonwealth of Virginia
3. Resolution authorizing the execution of a letter of understanding between
the Sheriff of Roanoke County and the City of Roanoke for provision of
support during certain large-scale public events
4. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board
5. Confirmation of appointment to the Social Services Advisory Board
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
A-052422-5.a
RESOLUTION 052422-5.b AUTHORIZING THE EXECUTION OF
A LETTER OF UNDERSTANDING BETWEEN THE SHERIFF OF
ROANOKE COUNTY, AND THE CITY OF ROANOKE FOR
PROVISION OF SUPPORT DURING CERTAIN LARGE-SCALE
PUBLIC EVENTS
WHEREAS, the Police Department for the City of Roanoke ("City") has requested
that the Roanoke County Sheriffs Office ("Sheriff') provide personnel resources for
large-scale sporting events and in other times of public safety emergencies when the
City may need additional resources; and
WHEREAS, the Sheriff has expressed a willingness, to provide personnel
resources in the interests of regional public safety collaboration so long as the Sheriff
has sufficient resources to carry out the primary duties of the constitutional office of the
Sheriff; and
WHEREAS, the parties desire to memorialize the obligations of each party to the
Agreement; and
WHEREAS, all parties wish for this Letter of Agreement to become effective
immediately upon approval by the governing bodies of each locality; and
WHEREAS, Roanoke County, the Sheriff, and the City have agreed to a Letter
of Agreement, and the Board of Supervisors authorizes the County Administrator to
execute the same, with an effective date of May 24, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS,
AS FOLLOWS:
May 24, 2022 647
1. The Letter of Agreement is hereby approved in a form substantially similar
to the one presented to the Board of Supervisors and approved by the County Attorney.
2. The County Administrator is hereby authorized, for and on behalf of the
County, to execute and then deliver the Letter of Agreement and any other necessary
documents in furtherance of the same.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
A-052422-5.c
A-052422-5.d
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Mr. William Skaff of 4815 Farmington Place Court provided the following
statement, "Roanoke County 200 Plan: Community Engagement -The Planning
Department's "Roanoke County 200 Plan: Progress Update," presented to the Civic
League and Neighborhood Associations meeting on May 2, provided the results of
two methods of assessing Roanoke County resident opinion. These demonstrate
how unpopular density development really is, and how systematically the
Planning Department is nevertheless pursuing it. The objective method, the on-line
survey providing statistical results from 289 respondents, is the more valid measure of
resident opinion. When asked, what do you like about your area, the highest category
chosen of seven was "Character and Natural Landscape" at 28%. If the related
categories of"Outdoor Opportunities" and "Neighborhood" are added, the result is 63%.
These results indicate that the presence of nature, currently prevalent in the County,
remains the priority. When asked what types of housing are most needed in your area,
the highest category chosen of seven was "Single Family" at 37%, which
constitutes most of the County's current residences. When the related category
of"None of the Above, or No Development," is added, the result is 56%. These results
indicate that single family development, by providing the opportunity for natural
landscaping around the dwelling, continues to be the preference, not density
development. The subjective measure, public meetings involving 170
attendees, with Planning Department staff subsequently preparing summary reports, is
less valid. It is not actually a measure at all, because subjectivity will inevitably color
the interacting, reporting, and consolidating. Significantly, the reports deliberately
oppose rural areas to suburban areas regarding nature: "Encourage development within
developed suburban areas in order to protect the rural areas of the Country and natural
resources." The implication is that, somehow, residents in nonrural areas do not care
about nature. This sounds a lot like the Planning Department's often articulated strategy
648 May 24, 2022
to justify unleashing density development on the suburbs, as does "Housing: more
variety and price points needed." As the survey demonstrates, suburban residents living
in Roanoke County do care. They also respond to the natural environment, aesthetically
and spiritually, when in adequate proportion to the built environment, even
though they are not farmers. This largely explains why single-family owners diligently
maintain their trees, shrubbery, and grass year after year. Bulk buildings with a large
footprint—long and wide—crowd out space for nature. Single-family houses and small
multi-unit residential dwellings can, and should, be surrounded by indigenous
vegetation, either left in place or planted. Such successive adequately landscaped units
maintain the balance between nature and buildings. These can be built at varying price
points. Design guidelines can be amended accordingly, and implemented during the
permitting process. True progress is preserving quality of life while the population and
the built environment increase. For Roanoke County, it is a balance, a mutual presence,
locally as well as regionally, between the natural and the built. This is what actually
attracts new residents and businesses. Positive aspects of development plans—
pedestrian and streetscape enhancements, road and traffic improvements, community
centers and spaces—can be accomplished without density development. The suburban
and the rustic are what make Roanoke County special. That is our identity, not urban
development, or manufactured cities. Density development should neither
be encouraged nor facilitated, and should be strictly limited. Source - Roanoke County
Government, Planning Department, "Roanoke County 200 Plan: Your Community, Your
Voice," Civic League and Neighborhood Associations, Quarterly Meeting, May 2, 2022,
Slides 5, 7, 12, 13."
IN RE: REPORTS
Supervisor Radford moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of April
30, 2033
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of April 30, 2022
5. Accounts Paid —April 30, 2022
Vice Chairman Peters recessed to the fourth floor at 4:04 p.m.
May 24, 2022 649
IN RE: WORK SESSIONS
1. Work session to discuss broadband with the Board of
Supervisors (Bill Hunter, Director of Communications and
Information Technology)
Mr. Hunter provided a PowerPoint presentation, a copy of which is on file
in the office of the Clerk. Mr. Hunter brief the Board on current broadband projects,
outlined the 2022 VATI projects, possible project additions, the Line Extension
Customer Assistant Program, the 2023 VATI Timeline and future plans to include a
professional survey to determine remaining needs, development of a strategic plan
based on the survey results and added Cox Communications has a five-year plan to
overbuild the current service area with fiber optics.
Mary Beth Nash, Senior Assistant County Attorney, noted staff is still
working on contract with Shentel.
Supervisor North inquired how long would it take to do survey and
strategic plan. Mr. Hunter advised he is going to speak with Botetourt County to see
how long it took them.
It was the consensus to move forward looking at a professional survey to
overlay what we have already done.
Supervisor Radford inquired if we can use ARPA funds to pay for the
survey with Ms. Owens advised in the negative stating it will be done as a traditional
Request for Proposal (RFP)
Supervisor North suggested staff check with the Allegheny Regional
Commission to see if they have any funds.
The work session was held from 4:21 p.m. until 5:09 p.m.
Vice Chairman Peters called the meeting back into session at 7:01 p.m.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Chyrel Gregorieff to obtain a special use permit to
operate a short-term rental on approximately 0.5 acre, on property
zoned R-1, Low Density Residential District, located at 4309
Cresthill Drive, Windsor Hills Magisterial District (Philip
Thompson, Director of Planning)
Mr. Thompson provided a PowerPoint presentation.
650 May 24, 2022
Supervisor Radford asked how are we going to monitor the basement if
they can only use the basement. Mr. Thompson responded just like any other condition.
Supervisor Radford then stated regarding parking on the street; it is a public street and
you can park on the street. Mr. Thompson explained the rental agreement only allows
one designated spot for that space and that is the only place they can park. Supervisor
Radford then inquired if the letter from the neighbor included in the packet has been
seen by the petitioner with Mr. Thompson responding in the affirmative.
Supervisor Peters asked what "teeth" do we have if someone violates this
because these are happening more and more. Mr. Thompson responded it is built into
the standards that the zoning administrator can remove the permit.
Ms. Gregorieff provided an overview of why she wanted to do this. She
has not had any problems over the last two years. With regard to the neighbor, had
asked him if there were any issues. She added the listing to be considerate to the
neighborhood.
Supervisor Radford stated from the picture, Ms. Gregorieff has her
personal car parked to the left of the garage, with Ms. Gregorieff responding that is the
tenant's car. Supervisor Radford then asked if they have to drive through grass to get
to it with Ms. Gregorieff responding in the affirmative.
Supervisor North stated it appears like a very nice place to rent.
Supervisor North then asked Mr. Thompson with regard to the rent that is collected,
does the County have any ordinances that give the County a certain percentage of the
sales tax, etc. Mr. Thompson responded it falls under lodging, with a zoning permit,
they will need to obtain a business license that will trigger the Commissioner of the
Revenue to make sure they are collecting the right taxes.
There was no further discussion.
Vice Chairman Peters opened and closed the public hearing with no
citizens to speak concerning this agenda item.
ORDINANCE 052422-6 GRANTING A SPECIAL USE PERMIT TO
CHYREL GREGORIEFF TO OPERATE A SHORT-TERM
RENTAL ON APPROXIMATELY 0.5 ACRE ON PROPERTY
ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT,
LOCATED AT 4309 CRESTHILL DRIVE (TAX MAP NO: 076.12-
02-67.00-0000), IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, Chyrel Gregorieff has filed a petition for a special use permit to
operate a short-term rental on property zoned R-1 (Low Density Residential) District
containing approximately 0.5 acre, located at 4309 Cresthill Drive, in the Windsor Hills
Magisterial District; and
WHEREAS, the first reading of this ordinance was held on April 26, 2022, and
the second reading and public hearing were held on May 24, 2022; and
May 24, 2022 651
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 3, 2022; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition, with one condition; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements of
Section 30-19-1 of the Roanoke County Code and .that the proposed special use
conforms with the standards set forth in article IV, use and design standards of the
Roanoke County Zoning Ordinance.
2. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
3. The special use permit is hereby approved, with the following condition:
a. The short-term rental shall be limited to the basement apartment of the
existing residential dwelling, which is approximately 1,300 square feet
in size.
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
2. The petition of Om Shree Hospitality, LLC to obtain a special use
permit to allow a multi-family use to account for more than 50
percent of the gross floor area on the site of approximately 9.99
acres zoned C-2, High Intensity Commercial District, located near
the 2700 block of Wildwood Road and the 1700 block of Skyview
Road, Catawba Magisterial District (Philip Thompson, Director of
Planning)
Mr. Thompson provided a PowerPoint presentation.
Supervisor Hooker asked Mr. Thompson to explain why is it not consistent
with the core use. Mr. Thompson explained number one, the core future land use
designation was developed in 1985. It's in the 1985 future land use plan. And with it, if
you look at the core, with each land use designation talks about the different types of
land use types that would be appropriate for that and it talks about general retail shops
and personal services office of institutional uses and limited industrial uses.
652 May 24, 2022
It doesn't mention housing. Now I will say that the Board over the years and the
Planning Commission, when you were all on it as well, sought to have more mixed-use
development. So over time we have made changes to allow this type of development in
C-2. Originally when it was allowed, it was limited to 50% and it had to be in the same
building. Now it's just on site. Then we changed it where you would be able to go above
the 50% with a special use permit. So, he thinks what has happened is we have an old
future land use guide, and so the words that are currently on it, then yes, it's not
consistent. However, the practice has been to allow those type of uses and when we
update the comp plan, one of the things that we will do is look at all the future land use
designations and make adjustments to incorporate what the Board and the Planning
Commission have been revising over time. it's not consistent.
Supervisor Hooker then stated when she was reading through some of the
traffic information, it did mention four crashes, three of which were right around the
entrance or the exit of the interstate, but it said four crashes but I didn't recall the
timeline. Was this over two years or over 10 years? Mr. Thompson stated he would let
the applicant address that questions.
Supervisor Peters commented when we rezoned this in 2020, di we allow
hotels be permitted? Mr. Thompson explained hotel is C-2 and any C-2 use could go in
there.
Steven Wondri, attorney for the petitioner introduced Andrew Lumsden,
project architect with Lumsden and Associates and Mr. Allen with Allen Design Group.
Mr. Wondri outlined the request for the petitioner.
Supervisor Hooker Hooker stated regarding the numbers that you just
cited for the hotel versus the apartments, and there were more associated with the
apartments and it was maybe as many as 10 per peak hour increase with the
apartments. Who establishes those numbers and where do you get these? She knows
that it's a VDOT study, but who comes up with those numbers? Mr. Wondri stated . the
industry standard that VDOT accepts and most Department of Transportations is the
acronym is ITE manual, which is Institute of Traffic Engineering manual. What you
would basically do is there's different models that generate a traffic volume. So, for
instance, our model here is housing and it's designated at as mid-rise, which is, I think,
that's three floors and up is how that's generated. Supervisor Hooker noticed that
according to the traffic study, there was no warrant for turn lane or tapers, that it fell well
below that number. On a completely different note; I did hear you say something about
market rate high end and comparing this apartment complex to the retreat and some
other high end. Do you have a number that you feel like with the volatility of the market
right now, she understands that this is an estimate, but if you were estimating the rent
for the one bedroom, two bedrooms, do you care to take a stab at that?
May 24, 2022 653
Mr. Wondi stated they are going to be based on what the market can command and
deliver. Our client wants to be profitable based on the cost and income. But based on
the current rates, we did a kind of a market average on it, one-bedroom units are
running around $1,100 to $1,300- and two-bedroom units are running $1;200 to $1,600;
then interestingly, three-bedroom units are $1,600 as well. So, there's a high demand
for two bedroom and one-bedroom units. If you go to any of these facilities, there are
none available. There's waiting lists for most of these facilities with one bedroom and
two-bedroom units.
Supervisor Radford asked if they were going to sprinkle the garage and
the other four floors. Mr. Wondri stated we'll look at certainly the cost of benefit of it and
the building codes, which building type, etc. He was actually just telling the client that
sometimes it makes more sense to sprinkle it because the insurance cost goes down in
the longer term. It gives you benefit even if it's not required. Supervisor.Radford then
asked if there is adequate water flow with Mr. Lumsden responding he does not have
that information at the top of his head. We need to reach out to the fire marshal; he's
reviewed our package and doesn't have any concerns. We do know that the domestic
pressures that we've taken a look at are within reasonable range to serve a five-story
building. As far as fire flow, I don't have that information available.
Supervisor Radford then asked how they are going to handle trash with
Mr. Lumsden responding for a three-four story building as long as you have dumpster
enclosed on the property that is all you need to provide. Mr. Ranford:
We'll certainly plan for doing that. That's why that... The storm water, Andrew. I think I
asked this question before. You going to put it on the ground or you going to put it in a
pond?
Supervisor Radford then asked were the stormwater pond would be with
Mr. Lumsden explaining it's likely going to be in a pond and if you're looking at the site
near the entrance, there's a low line area. We have it labeled as storm water
management area. That seems to be the likely choice. There's also a small stream that
comes off from the quarry area; we would detain an above ground pond in a discharge
into that stream. Supervisor Radford then asked what the exterior finish would be with
Mr. Lumsden responding a combination of brick and maybe some cement siding or
already stucco combination. Permanent finishes, we not plan to put any vinyl products
on it.
Supervisor Radford then asked a lot of these apartments change to
condos, are there any plans for that with Mr. Lumsden responding he will work with the
client to see if this is something they would consider. Supervisor Radford then inquired
if they had considered putting the parking underground with Ms. Lumsden stating they
have not looked at that possibility.
Chairman Peters opened the public hearing with the following citizens
speaking:
654 May 24, 2022
Frank Francisco, 2058 Wildwood Road. Stated "That's about round
Wildwood. You go from the 37 exit down to Academy Street in Salem.. It's three miles
long and I live halfway between. It's like a horseshoe. If anyone's ever traveled to
Wildwood, you'll know that it's full of curves, blind spots on hills, things like that. I'm here
to speak to the safety and welfare of other people that live on Wildwood Road. We
have speed limit of 35 miles an hour there. In one section coming just above me there's
20 miles speed limit because you come down a hill and people live down at the bottom
and that's not enforced. We very seldom see a police officer around Wildwood unless
it's some other issue besides traffic control. The street is yellow lines, sub-level lines. No
passing. From one shoulder to the other shoulder, it's 20 feet. With the yellow line going
through the middle of it, you only have nine and a half feet for your lane of travel. This is
my concern. I've been out and I've taken traffic counts myself and there were three
minutes, you got a car or a truck or something traveling either east or west on
Wildwood. With the increase of traffic, which is proposed by these people, that is going
to be 128 apartments. You figure two cars per apartment. More than unlikely. That's the
way it goes here lately with people working. That's going to really put a lot of congestion
on Wildwood Road. With the blind spots on Wildwood, we have a lot of bikers that come
around Wildwood. Once you pass the entrance, top entrance to where they used to get
shell with a brick company, that's the only straight stretch you got from there on you've
got curves up hills and your blind spots and you cannot pass these bicyclists. They ride
sometimes side by side and that's them all. They can do that now.
But the thing that bothers me is you'll get behind them and you will not be able to pass
them safely for their sake and in three quarters of miles of straight stretch there at a
church that you can safely pass them. Then you go on down the road, you come into a
curve. It's not a 90 degree but it's an 80 degree
Mr. Brown who lives there in his house has put up rocks to keep people from coming
into his house. This is not a real safe road to increase traffic. Like it's going to be
increased if these people get the way. I'm concerned about that and that's the reason
I'm here. I'm concerned about the bicyclist. They have the right, they love to turn around
Wildwood Road because it's a beautiful site, but yet their safety is not in their best
interest when you think about it. My concern is for you people to,think about if you've
ever been around Wildwood Road, you want to know exactly what I'm talking about as
far as the curves and the blind spots you have there. Like I said, I've set out there and
every three events I can be here for going east or west. With this increase coming up,
it's going to be a lot worse because people are not going to come down, they.think to 81
or West Main. Because West Main is overcrowded as it is. You can't hardly get through
West Main anymore. They'll be coming around Wildwood Road with that many other
people that will be traveling and it'll be unsafe for a lot of folks that live out there. It's not
safe for them as far as I'm concerned. I think I made my point. Well anyway, I've lived
there 80 years. I've been on the police department in sale and retired in 91 with 32-year
service. I know a little bit about traffic."
May 24, 2022 655
Brittany Connor stated, "I live on Brogan Circle. We just moved here about
18 months ago from Florida. We moved here because we love the area. Our house
came with a chicken coop and we have since added to it some goats and dogs. We just
love the lifestyle out there on that road. I'm in agreement with these other people who
have spoken that I want to keep it that way. My concern, I have heard what they said,
that they intend to build nice apartments with marble finishing's and things like that. I'm
sure the Howard Johnson that's up on Skyview probably started out as a nice building.
But if you've driven past it lately, it looks very dilapidated, very neglected. My
understanding is that it has gone by many names and that they have several
apartments, not apartment, hotel complexes within the road on Some of them are very
infamous for their state at the moment. One of them Knights Inn has a tarp on the
building and it's been there for a while. My concern is it sounds great that we're going to
start building this nice apartment complex with .marbles and trying to attract
professionals and things like that. But what is the guaranteed that, that's the finished
product and what is the guaranteed that it's going to maintain value, not only for the
apartment that they're constructing but for the people around it. What we don't want is
an apartment building built that is going to quickly run down, is going to quickly look like
the Howard Johnson dilapidated and neglected. And soon that nice professional
clientele leaves and we are left with people who are unsavory who don't necessarily
want to come and see our community as a community. I've already had police in my
backyard because they were trying to track down meth cookers, I don't even know what
they're called. Meth people that happen to have set up camp behind us. I'm concerned
that an apartment building by [inaudible 01:19:53] who does not seem to have a very
reputable track record at the moment, especially among police officers in Roanoke
County, that we're just going to see an increase of that type of residence in that area.
I've got children and just that's not what I want for this area. We wouldn't have moved
here had we known that was the plan.
Robert Cornett stated, :"I live fairly close by on Gum Springs Road with my
wife. Our concerns are a whole lot what you heard from this way, there's going to be I
think a lot more traffic. I mean, I don't know how much 10 automobiles per hour, is that
what the figure was? I was hearing 10 per hour. I think it was about 50 or so and they
were comparing it to the hotels and so it was about 10 more per hour higher. That
makes sense to me because I thought, that doesn't sound like it would be like what
you'd expect for an apartment building. Because with apartments, unless it's just I didn't
hear how many single apartments, single bedrooms, and double bedrooms. Thank you.
That if it was two in three bedrooms I might feel better, but I think not too much. When
you go from the hotel that's closest to us on at Gum Springs, when you stop there, that's
where four lanes stop, and then on all of a sudden, you're on a two-lane road and that's
where this apartment building's going to be. That entrance is going to be on a two-lane
road. It's up inside where the residential area is and that's a completely different animal
once you get up where to my mind, a broken lane comes out and it's like a launch pad.
656 May 24, 2022
It just, it's very difficult to come out of there safely. If we're going to have that much
more traffic and when you're getting ready to go to work or something, the same people
that maybe somebody's going to work from the apartment houses and if they're not
doing that, they may be going to the grocery store. That kind of thing when you're
coming home and when you're leaving the go to work, I'm not. But even that the traffic
safety is not as much concern for us as our property values because I know that's not a
big concern for anybody except us, but we're very concerned about that. I know where
I'm living, the whole neighborhood, everybody's last name was Hill and I married into
them and so there's one Cornett there, but everybody else has that property because it
was inherited from a great grandfather and he owned a lot of that property and they
don't want to pick up and move. I've moved enough times in my life I don't want to
move. But having something where if the crime is going to go up farther than what it's
been increasing already, I don't want to live there. I can't imagine that generations are
going to want to stay there either. If the property values drop off, it would seem the most
reasonable thing to do is get out before it goes down. I don't think that would be a very
nice thing. Everybody's happy there with the situation that we have more or less. We'd
been happier if we didn't have quite so many hotels nearby. But life has to go on. I
understand that. We don't have to have an apartment building in our neighborhood. I
don't mean to sound...I'm not a snooty guy. I lived in an apartment a couple of times.
don't mean anything like that, but I do mean that we like peace of quiet and we don't like
people coming stealing stuff out of our yard or that kind of thing. It happens enough
now, I don't want to see it go up. That's all I got. Speaker 14:1 just have one quick
question. I was wanting to speak to some of the traffic concerns on Wildwood Road and
I was looking at the traffic study and for it to really impact the more rural area of
Wildwood they would need to be turning right out of the complex. I was looking at the
traffic study and if I'm reading this correctly in peak hour, there are 17 cars that may turn
right. I just wanted to speak to that."
Vice Chairman Peters closed the public hearing.
ORDINANCE 052422-7:GRANTING A SPECIAL USE PERMIT TO
OM SHREE HOSPITALITY, LLC TO. ALLOW A MULTI-FAMILY
USE TO. ACCOUNT FOR MORE THAN 50 PERCENT OF THE
GROSS FLOOR AREA ON THE SITE OF APPROXIMATELY 9.99
ACRES ZONED C-2 (HIGH INTENSITY. COMMERCIAL)
DISTRICT, LOCATED NEAR THE 2700 BLOCK OF WILDWOOD
ROAD, AND THE 1700:.BLOCK OF.SKYVIEW ROAD (TAX MAP
NO: 044.04-01-07.00-0000 AND 044.04-01-12.00-0000), IN THE
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Om Shree Hospitality, LLC has filed a petition for a special use
permit to allow a multi-family use to account for more than 50 percent of the gross floor
May 24, 2022 657
area on the site located at 0 Wildwood Road (Tax Map No: 044.04-01-12.00-0000) and
0 Skyview Road (Tax Map No: 044.04-01-07.00-0000), in a C-2 (High Intensity
Commercial) District, in the Catawba Magisterial District;.and
WHEREAS, the first reading of this ordinance was held on April 26, 2022, and
the second reading and public hearing were held on May 24, 2022; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 3, 2022; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition, with three conditions; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements
of Section 30-19-1 of the Roanoke County Code and that the proposed
special use conforms with the standards set forth in article IV, use and
design standards of the Roanoke County Zoning Ordinance.
2. The Board further finds that while the proposed special use is not in
conformance with the Roanoke County Comprehensive Plan's ' future land use
designation of "Core," the proposed use will meet the need for available housing that
currently exists in Roanoke County.
3. The Board further finds that the proposed special use will have a
minimum adverse impact on the surrounding neighborhood and community.
4. The special use permit is hereby approved, with the following conditions:
a. The site shall be developed in substantial conformance with the
concept plan titled "Exhibit A" prepared by Lumsden and Associates,
dated March 1, 2022, subject to any changes required during the site
plan review process;
b. The maximum number of apartments shall be limited to 128; and
c. The apartment buildings shall be constructed in general conformance
with the conceptual architectural plans titled "Conceptual Plans for Om
Shree Hospitality, LLC" prepared by Alam Design Group, dated March
10, 2022, subject to any changes required during the building permit
review process.
5. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
658 May 24, 2022
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
At 8:30 p.m. the Board recessed for a five (5) minute break. Vice
Chairman Peters called the meeting back into session at 8:39 p.m.
3. The petition of Zye Reinhardt and Gaven Reinhardt to obtain a
special use permit in an AR, Agricultural/Residential, District for a
special events facility on approximately 42.08 acres, located at
2875 Timberview Road and the 2400 block of Loch Haven Drive,
Catawba Magisterial District (Philip Thompson, Director of
Planning)
Mr. Thompson provided a PowerPoint Presentation.
Supervisor Peters inquired of Mr. Thompson, what did he mean by the
gate should be closed. Does that mean its somehow locked or is it just closed? Mr.
Thompson advised it is his understanding they are going to have it closed, but available
for emergency services. Supervisor Peters stated he just wanted to make sure not
locked in an emergency.
Supervisor Hooker asked how do we hold them accountable and asked
Mr. Thompson to reiterate all the processes they will have to go through, i.e. the health
department, building safety, etc. _Mr. Thompson responding, so what'll happen is
obviously there'll probably be a site plan that's prepared, which is close to what they
have. It'll either be a site plan or plot plan that gets reviewed. They'll be reviewed by
other agencies, the fire department billing, office of building safety is part of that. As well
as other departments; they'll have to get a permit from VDOT for the access off of Lock
Haven.. Obviously with the grading of that road and development of that road, he
imagines there's some erosion settlement control reviews as well as storm water. They'll
have to look at that as well. Obviously, the building, any renovations to the building will
go through, submit change of use for that portion of that they're going to use, which is
the building permit process. They'll have to meet the Virginia building code that are
appropriate if there are things that they don't meet-that they don't have to meet. There
are certain thresholds for sprinkling a system, and they'll have to meet those standards,
but nothing above those standards. There's that review. There's a site plan review,
building review. Obviously environmental reviews as part of those processes, as you
mentioned, they have a business license, they would get that to commercial revenue.
May 24, 2022 659
So again, like any use that's allowed, and this is a special use, there are conditions, if
they violate those conditions, and I imagine there's a pretty active citizenry on this road,
then we will hear of that and we will investigate. Also, it's like anything, a special use
permit can be revoked. It's rare, but can be done. Supervisor Hooker stated she just
wanted to reassure the citizens and she is ready to move forward.
Supervisor North asked how long is the road with Mr. Thompson advising
1/2 .mile and will be made of gravel.
Petitioner provided PowerPoint presentation.
Supervisor Hooker commented on the gate noting it should be closed
during an event so people will not come that way with Ms. Reinhardt confirming.
Supervisor Hooker asked if the stationary, business cards, etc. will carry
the Lockhaven address with Ms. Reinhardt confirming.
Supervisor Radford inquired if the motion is approved the easement will
be executed with Ms. Reinhardt advised in the affirmative. Supervisor Radford asked if
sixteen (16) feet is wide enough to have two vehicles passes. Ms. Reinhardt responded
they have a fifty (50) foot 'easement so they have plenty of room to work with.
Supervisor Radford asked what the long-term thought is with Ms. Reinhardt advising
either the same gravel in the parking lot of cobblestone.
Vice Chairman Peters opened the public hearing with the following citizen
to speak:
Geanna Mistele of 2508 Lock Haven Road stated,."I right next to their
property. Okay. Congratulations, you guys are going to have the good business, I hope
so. We can have the business. We bring tons of the benefits for the County of Roanoke
and Roanoke City That'd be good. But other things are, if you can pull the map to this
driveway right next to the gas station. Actually, it's next door of the gas station. First of
all, I moved to Roanoke 20 years ago, English not my first language. The first time I've
been to hearing. We bought this house a few years ago. Unfortunately, my husband
passed away. I live in alone and my daughter in college. I have the big house, but it was
secured system. If you build right next to my house, I'm just assuming, the 40 weekends
all happen. 250 guests around. The tons of people and all the cars run over our
driveway, coming forth, back and forth. He said, I heard it, the easement will be 16 feet
wide. You ask, is big enough for the two cars, coming forward backwards. You ask this
issue, but for our driveway is a two car back forward, don't allow four cars either.
660 May 24, 2022
So, you have the 250 people on the weekend or holiday or whatever kind of the music
event or wedding. Think about it, that busy traffic, even on the Loch Haven drive, is that
right? So, also the music event and the wedding event, whatever event, you will serve,
the beverage and alcohol, you don't have the permit or limited for the alcohol, maybe
alcohol can have it. You will go the party, everybody wants party. So, you will see what's
happening, if that. I don't want the stranger guests come to my driveway and knock my
door, do I come the right place? Of course not. I'm single woman in the one house. I
don't want to deal those kinds of things every day. But for my position, it seems held
really hard. Gas station is here. My driveway right here. I'm the house, right next behind
the Reinhardt house. So, I can view the picture in the future. Or if I have the holiday, I
have to deal with the holiday too. If I'm going traveling, this means my house is an open
spot for everyone. Is that right? So, I even don't know, you have the approval of the
easement under the gas station already. I didn't know that."
Ms. Reinhardt suggested a designated sign like how Loch Haven has,
(this is where you turn for).
Supervisor Peters stated what would be great.
ORDINANCE 052422-8 GRANTING A SPECIAL USE PERMIT IN
AN AR (AGRICULTURAL/RESIDENTIAL) DISTRICT FOR A
SPECIAL EVENTS FACILITY ON APROXIMATELY 42.08
ACRES, LOCATED AT 2875 TIMBERVIEW ROAD (TAX MAP
NO. 026.03-01-18.00-0000) AND THE 2400 BLOCK OF LOCH
HAVEN DRIVE (TAX MAP NOS: 026.03-01-17.01-0000 AND
026.17-01-03.01-0000), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Zye Reinhardt and Gaven Reinhardt have, filed a petition for a
special use permit in an AR (Agricultural/Residential) District for a special events facility
on approximately 42.08 acres, located at 2875 Timberview Road (Tax Map No. 026.03-
01-18.00-0000), and also located at the 2400 block of Loch Haven Drive (Tax Map Nos:
026.03-01-17.01-0000 and 026.17-01-03.01-0000), all of which is located in the
Catawba Magisterial District; and
WHEREAS, Section 30-29-5 of the Roanoke County Code defines a special
events facility as "a place, structure, or other facility used for the assembly of or
intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs
for which there is a leasing fee. Such assembly includes, but is not limited to,
anniversary and birthday celebrations, reunions, weddings, and receptions. Music
concerts or festivals as primary use shall be considered an outdoor gathering"; and
WHEREAS, it is acknowledged and understood that in order for the building
located at 2875 Timberview Road to be used as the proposed special events facility, an
May 24, 2022 661
automatic sprinkler system must be installed, pursuant to Section 903.2.1.2 of the
Virginia Construction Code; and
WHEREAS, the Board held a public hearing on a similar request by the
applicants on February 23, 2021, and at the conclusion of the public hearing the matter
was indefinitely postponed to allow the applicant additional time to explore alternative
methods of ingress and egress to the proposed special events facility; and
WHEREAS, on June 8, 2021, the matter was again brought before the Board for
resumption of the second reading on the similar request by the applicants, and at the
conclusion of the public hearing the matter was again indefinitely postponed to allow the
applicant additional time to explore alternative methods of ingress and egress to the
proposed special events facility from Loch Haven Drive; and
WHEREAS, the applicants have now submitted a new application to include two
additional parcels located off of Loch Haven Drive, owned by the Western Virginia
Regional Industrial Facilities Authority, which has granted the applicants access to use
of their property as an alternative method of ingress and egress to the proposed special
events facility from Loch Haven Drive; and
WHEREAS, the first reading of this ordinance was held on April 26, 2022, and
the second reading and public hearing were held on May 24, 2022; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 3, 2022; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition, with five conditions; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements
of Section 30-19-1 of the Roanoke County Code and that the proposed
special use conforms with the standards set forth in article IV, use and
design standards of the Roanoke County Zoning Ordinance.
2. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
3. The special use permit for a special events facility located at 2875
Timberview Road (Tax Map No. 026.03-01-18.00-0000) and at the 2400 block of Loch
Haven Drive (Tax Map Nos: 026.03-01-17.01-0000 and 026.17-01-03.01-0000), in the
Catawba Magisterial District, is hereby APPROVED with the following conditions:
a. The site shall be developed in general conformance with the concept plan
titled "Conceptual Development Plan for Mark S. Reinhardt" prepared by
Caldwell White Associates, dated March 8, 2022, subject to any changes
required during the site plan review process;
b. Access during the operation of special events, including access for guests,
venue staff, catering staff, entertainment staff, and other staff, shall only
662 May 24, 2022
111
be from Loch Haven Drive. During special events, the access from
Timberview Road shall be closed with gate(s);
c. A row of large evergreen trees shall be placed along the eastern property
line from the existing vegetation by the existing tennis courts southward to
the existing vegetation south of the proposed parking area. The large
evergreen trees shall be a minimum of six (6) feet tall when planted and
shall be spaced twenty (20) feet apart from center;
d. Any outdoor portable restrooms shall be screened from public view; and
e. The number of people attending each event shall be limited to two
hundred and fifty (250) guests, excluding staff.
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Hooker, North, Radford, Peters
NAYS: None
ABSENT: Supervisor Mahoney
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker thanked her to fellow Board members for attending the
Red Sox event, registered apprentice event last Friday. It was very much appreciated .
It was a beautiful and very warm event that gave special recognition to our young
people who are committed to a needed career in our community. It was a great event
that showed this Board's support of our CTE and support for our local industries. She
added she is also very proud of Roanoke County for being the first local government to
take on a registered apprentice; she appreciates them investing in our students and
leading the way for others. What great news for our Timberview Road community,
because they finally have the ability to get broadband service through Comcast. It's
been a long time coming as we had to navigate hurdles to get here today. Special thank
you to Bill Hunter for his leadership in serving our citizens. Now on to the next project,
we need to continue this task until all our citizens have access to broadband service.
Supervisor North commented he is going to be as brief as possible for has
a lot to say. Delegate McNamara who used to be serving on this board at the request of
Roanoke County filed a bill, which passed effective July 1st this year, addressing
personal property taxes, it grants localities, permissive authority to return surplus
personal property tax revenues to taxpayers. Under current Code of Virginia law
localities may return only surplus real estate property tax revenues. This bill was
identical to companion Senate bill 12, sponsored by Senator Suetterlein. While
Roanoke County chose a different method to provide 2022 taxpayer relief from personal
May 24, 2022 663
property, this bill will provide an alternative to help other localities in our region and
around the Commonwealth, as they debate their relief plans, tax and personal property
already billed for refunds, which will be allowed. So, something we ask for that passed
is going to benefit some other localities. On-May 17th, Chairman Mahoney and staff and
I attended the Fralin Biomedical Research Institute, where Secretary of the Commerce
and Trade Carren Merrick spoke on accelerating Virginia's economy. Some points
mentioned were using public-private partnerships, reducing permit barriers. Also,
comments made on workforce development and how that's needed to be strong. In
addition, barriers to startup businesses are losing students as potential employees to
other states, removing- barriers to commercialization. Secretary Merick emphasized
localities need to work with businesses as partners. One final point, I know staff heard
at this event, was to look at companies and develop relationships, be proactive in
reaching our first to start a conversation. How about that word proactive? And that
brings me to my point, research labs for Roanoke County. Let's see what we can
develop and expand the reach of the Fralin Biomedical Research.Institute in the region
to include our County. I bet someone has a list of research companies and labs to
contact and locations for possible occupancy along the 419 quarter and in other areas
of Roanoke county. It can be done. Also, on May 18th, I attended the 460-community
meeting to hear about suggested changes along the corridor to improve accessibility
and future development. While over 100 citizens attended, it was important for staff and
supervisors to hear what they thought. He encouraged citizens to take the survey online
if you haven't done so already at roanokecountyva.gov. On a new note, a story will
appear tonight online in roanoke.com, and in tomorrow's newspaper. Most of us on this
board and I support the CTE conversation of the project. While the story states that we
should borrow only $12 million in fiscal year 23, we have $13 million in projects, which
we voted on and approved. One of which is the Rt. 460 fire station near and dear to his
heart. He does not anticipate cutting capital projects by $1 million, which would involve
Explore Park, the fire station, and new parks and recs facilities slated to occur at
Hollands Road. Moreover, with $17 million allowable for potential borrowing, we only
need $13 million. That means we'll have four million to bank for future borrowing. He
submits that we could share some of that, perhaps $2 million, subject to Board approval
towards current CTE future financing. While the story did not address alternative
methods of financing, he wanted to touch on those briefly. Finally, while traditional
borrowing has always been the norm for our school projects and County projects, in
most instances, other revenue sources are possible. Let's call those hybrid solutions as
Ms. Hooker would say, first possible up is $23.6 million, which County Attorney Lubeck
has confirmed, that's possible if Roanoke County seeks to apply for those under general
assembly house bill 763, which the schools may want to pursue, working with the
county. The legislation is to be voted on June 1st when the general assembly returns. It
is the Senate bill amendment that he is speaking to, and yes, Roanoke County qualifies
for the consideration of up to that amount of money. Probably, about one quarter of the
cost of the CTE project. We must consider this if it's approved. Secondly, should the
664 May 24, 2022
grocery tax get reduced, some $2.4 million slated for the schools, may be used by the
schools if they so wish towards construction. Lastly, unsolicited or solicited public-
private partnerships, P three proposals, if you will, need to be studied for financial
savings. Supervisor Radford and he are familiar with these and we have engaged
discussion with the staff, and would like for the other three supervisors on this Board of
Supervisors to get familiar with that. He noted he looked to staff to help share that
message. On another note we do much on a regional basis. We have regional
authorities and we have regional agreements. he wonders what cost could possibly be
mitigated on this project, the CTE, from a regional perspective? He thinks we need to
ask ourselves that question because he thinks at the end of the day, this is going to be
a large project with a high cost and we may want to consider some ways to mitigate that
cost in the future.
Supervisor Radford stated he just like to back up.what Mr. North said
noting they spent quite a bit of time and research trying to look at alternate financing,
different ways that we can help the school board and our community create a new
facility for our CTE. There's different methods and modes out there. I look forward to our
sharing that information at our June 14th meeting, with other members at that time.
While we have been meeting today, I'm sad to hear in the news that 18 children and an
adult were killed in a shooting in an, elementary school in Texas. My heart goes out,
whenever I hear that, I am so saddened to hear that has gone on in our nation again.
And I just.pray that our schools will be able to protect our future, our future kids, and
throughout all our states and our communities. It's just heartbroken to hear that again.
Also, Ms. Hooker brought up the broadband for Timberview. On June 7th. We're going
to have a special announcement for. broadband in the Bent Mountain community with
our Cox vendor up there. So, look forward to sharing that good news with the Bent
Mountain community.
Supervisor Peters stated he does appreciate Mr. Radford and Mr. North's
comments about CTE,-and it was a joy to be at the Salem Red Sox team the other night
to celebrate the apprentice program, and what's happening there.; He does hope that we
will find some other alternative that it doesn't come on the backs of Roanoke County
citizens: to pay for this. He is very hopeful that some other form of revenue will come.
Lastly, as Supervisor Radford just mentioned it's up to 18 children and three adults have
now been confirmed, killed in the attack this morning or this afternoon. Our hearts go
out to each and every one. So please keep those families in your thoughts and prayers
in the coming days.
IMay 24, 2022 665
IN RE: ADJOURNMENT
Vice Chairman Peters adjourned the meeting at 9:23 p.m.
emitted by: Approved by:
i/ i 10- 0
ab,. , 01 14,* .- 'Pkd , Wt..1%/ 0._.,4
0 Debora C. Jr. Paul M. Mahoney
Chief Deputy erk to the Board Chairman
666 May 24, 2022
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