HomeMy WebLinkAbout8/23/2022 - Regular August 23, 2022 743
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 August 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, Pastor Jake Hooker of Providence
Presbyterian Church in Salem, Virginia provided an invocation. The Pledge of
Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Mahoney called the meeting to order at 3:05 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Paul M. Mahoney; Supervisors Martha B. Hooker,
Phil C. North, P. Jason Peters and David F. Radford
MEMBERS ABSENT: None
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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of fire and rescue personnel on Swift Water Rescue
Team deployed to Buchanan County, Virginia to assist with flood
relief(C. Travis Griffith, Chief of Fire and Rescue)
Recognition was given by Chief Griffith. In attendance were Battalion
Chief Craig Robertson, Captain John Richardson, Lieutenant Dana Lacy, Paramedic/FF
Kent Firestone, and Firefighter/EMT Dakota Dolgos.
744 August 23, 2022
2. Proclamation commemorating the 30th Anniversary of Play it
Again Sports and expressing appreciation to Chick and Joan
Duus for 30 years of providing outstanding products and service
to the Roanoke community (Marshall Stanley, Economic
Development Specialist)
Proclamation was read into the minutes by the Chief Deputy Clerk.
Recognition was given by all Supervisors.
3. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Mark Courtright, Assistant
Director of Parks, upon his retirement after more than twenty-
seven (27) years of service (Doug Blount, Assistant County
Administrator)
Resolution was read into the minutes by Chief Deputy Clerk.
Congratulations and thanks were given by all Supervisors.
RESOLUTION 082322-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
MARK E. COURTRIGHT, ASSISTANT DIRECTOR OF PARKS,
UPON HIS RETIREMENT AFTER MORE THAN TWENTY-SEVEN
(27) YEARS OF SERVICE
WHEREAS, Mark E. Courtright was employed by Roanoke County on June 19,
1995 as the Assistant Director of Parks; and
WHEREAS, Mr: Courtright retired on August 1, 2022, after twenty (27) seven
years of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. Courtright, through his employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Mr. Courtright's tenure with Roanoke County, he was
instrumental in the development of high quality and accessible parks, facilities,
greenways, blueways and trails for the Parks, Recreation and Tourism department. He
was a leader in the.coordination of the 2007 Departmental Master Plan and 2016
Explore Park Adventure Plan; and
WHEREAS, Mr. Courtright guided the development of the Capital Improvement
Incentive Fund and Park Partner. Volunteer Programs which were tremendously
successful and duplicated across the Commonwealth by various agencies; and
WHEREAS, Mr. Courtright impacted the lives of the citizens of Roanoke County
on a daily basis by ensuring a well-maintained community park system, which provided
a variety of amenities for all ages and abilities was available for their enjoyment; and
August 23, 2022 745
WHERAS, Mr. Courtright coordinated the community usability of park amenities
and athletic complexes with numerous organizations including Roanoke County
Recreation Club President's Council, Roanoke County Public Schools as well as private
organizations large and small; and
WHEREAS, Mr. Courtright directed the daily maintenance operations of park
grounds as well as managed the Department's response to County Wide Emergencies
and the Snow Removal Operations, and contributed to the renovation and 2001
reopening of Camp Roanoke; and
WHEREAS, Mr. Courtright was an exemplary department liaison who built strong
relationships with passionate volunteer organizations who care deeply about certain
parks and amenities including the Green Hill Park Equestrian Center, Rutrough Point,
Happy Hollow Gardens, Mayflower Hills Disc Golf Course, Walrond Park Soap Box
Derby Track and Explore Park Mountain Bike Trails.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to Mark E. Courtright for more than twenty (27) years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on the Broadband
VATI grants (Bill Hunter, Director of Communications and
Information Technology)
Briefing was given.
IN RE: NEW BUSINESS
1. Resolution of the Board of Supervisors of the County of Roanoke,
Virginia, declaring its intention to reimburse itself from the
proceeds of a financing for costs associated with the
construction of a new Bonsack Fire Station, Phase II of the Public
Service Center and infrastructure at Explore Park (Laurie
Gearheart, Director of Finance and Management Services)
746 August 23, 2022
Ms. Gearheart outlined the request for resolution. There was no
discussion.
RESOLUTION 082322-2 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS
INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS
OF A FINANCING FOR COSTS ASSOCIATED WITH THE
CONSTRUCTION OF A NEW BONSACK FIRE STATION, PHASE
II OF THE PUBLIC SERVICE CENTER, AND INFRASTRUCTURE
AT EXPLORE PARK
Whereas, the Board of Supervisors of the County of Roanoke, Virginia (the
"County") has determined that it may be necessary or desirable to advance money to
pay the costs associated with the construction of a new Bonsack Fire Station, Phase II
of the Public Service Center, and infrastructure at Explore Park (the "Projects") before
undertaking a tax-exempt financing for some or all of the costs of the Projects.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made to pay the costs of designing, acquiring, constructing and equipping the
Projects from the proceeds of a.tax-exempt financing.
3. On the date each advance is made, it will be a capital expenditure (or would
be with a proper election) under general federal income tax principles or will otherwise
comply with the requirements of Treasury Regulations Section 1.150-2(d)(3).
4. The expected maximum principal amount of the tax-exempt financing to be
incurred for the Projects is $ 13,000,000.
5. The adoption of this resolution is consistent with the budgetary and financial
circumstances of the County.
6. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
2. Resolution authorizing an amendment to the engineering services
agreement with Hurt & Proffitt, Inc. for Phase 1 of the East
Roanoke River Greenway Project, Vinton Magisterial District
(Lindsay Webb, Parks Planning and Development Manager)
111 August 23, 2022 747
Ms. Webb outlined the request for resolution. Supervisor Mahoney asked
assuming everything works great and we start construction in October, how long would
it take them to construct .35 of a mile with Ms. Webb responding four (4) to five (5)
months. There was no further discussion.
RESOLUTION 082322-3 AUTHORIZING AN AMENDMENT
TO THE ENGINEERING SERVICES CONTRACTUAL
AGREEMENT (2012-025) WITH HURT & PROFFITT, INC.
FOR PHASE 1 OF THE EAST ROANOKE RIVER
GREENWAY PROJECT
WHEREAS, Roanoke County is administering Phase 1 of the East Roanoke
River Greenway project that includes construction of a 0.35 mile, 10-foot-wide asphalt
greenway and a 12-space trailhead parking lot proposed on the Virginia Recreational
Facilities Authority property that is operated as Explore Park under a long-term lease
with Roanoke County, located at 3204 Highland Road; and
WHEREAS, Hurt & Proffitt, Inc., the engineering consultant for the East Roanoke
River Greenway project, has submitted nine (9) previous contract amendments issued
for Phases I and II of the engineering services contract #2012-025 to reflect changes in
project scope that have occurred since 2012; and
WHEREAS, Hurt & Proffitt, Inc. has submitted a supplemental funding request for
a tenth (10) contract amendment (2012-025) for Phase II totaling $61,000 for additional
design and permitting services in the amount of $11,000 for the project scope reduction
and provide construction support and administration services in the amount of $50,000
(hourly not to exceed estimate) until project closeout; 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 Phase II engineering
services contract with Hurt & Proffitt, Inc. to $452,859.54, an increase of forty-two-
point eleven percent (42.11%) 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 Professional Engineering Services
Contract 2012-025 with Hurt & Proffitt, Inc. to authorize expenses u p to $452,859.54
for Phase 1 of the East Roanoke River Greenway project, which agreement shall be
reviewed and approved as to form by the County Attorney.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
748 August 23, 2022
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of ABoone Real Estate, Inc., to rezone approximately
32.323 acres from R-1, Low Density Residential District, to C-2,
High Intensity Commercial District, and R-3, Medium Density
Multi-Family Residential District, to construct a hotel and
townhouses located in the 1300 and 1400 blocks of Edgebrook
Road, Catawba Magisterial District
Supervisor Hooker's motion to approve the first reading and set the
second reading and public hearing for September 27, 2022 was seconded by
Supervisor Radford and approved by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance accepting and appropriating funds in the amount of
$102,200 for Fiscal Year 2023 for Shuttle Service to the National
Park Service's McAfee Knob Trailhead Parking Lot, Catawba
Magisterial District (Megan Cronise, Assistant Director of
Planning)
Ms. Cronise outlined the request for ordinance. Supervisor Hooker
commented she appreciated staff looking for alternative options.
Supervisor North inquired of the fare with Ms. Cronise advising $5 each
way.
Supervisor Mahoney asked assuming the worst case that we do not
generate the fare revenue, would Roanoke County need to make up the difference with
Ms. Cronise responding in the affirmative. Ms. Cronise further added that staff did use,
projections was the transit feasibility study,and tried to take the most conservative
ridership numbers and the most conservative costs that we could to hopefully assure
that we could achieve that numbers.
Supervisor Hooker's motion to approve the first reading and set the
second reading for September 20, 2022 was seconded by Supervisor Peters and
approved by the following vote:
August 23, 2022 749
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
2. Ordinance accepting and appropriating funds in the amount of
$559,520 from the Virginia Department of Rail and Public
Transportation for the CORTRAN Program (Paula Benke,
CORTRAN Program Coordinator)
Ms. Benke outlined the request for ordinance. There was no discussion.
Supervisor North's motion to approve the first reading and set the second
reading for September 20, 2022 was seconded by Supervisor Radford and approved by
the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
3. Ordinance authorizing the approval of a new variable width
drainage easement to the Board of Supervisors of Roanoke
County, Virginia on property owned by Jennifer Lynn Fowler and
Bivian Budge Rierson, Ill, located at 0 Daugherty Road, Salem,
Virginia, for the purpose of drainage improvements, Catawba
Magisterial District (Tax Map No. 054.02-01-01.00-0000) (Tarek
Moneir, Director of Development Services)
Mr. Moneir outlined the request for ordinance.
Supervisor Mahoney asked with.regard to the map on page 198 and the
location of the easement, does the drainage from the road to the property or to the east.
Mr. Moneir responded it carries from the road down. If you look at the map, the
drainage comes from the east to the west. So, the water, or the drainage that comes
from the east side of that pipe will discharge into Mr. and Mrs. Fowler's property and
that is where the easement will be. Mr. Mahoney then asked if we need an easement
from the Poles, which is the next property with Mr. Moneir responding staff does not
anticipate that we will need an additional easement. There was no additional
discussion.
Supervisor Hooker's motion to approve the first reading and set the
second reading for September 13, 2022 was seconded by Supervisor Peters and
approved by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
750 August 23, 2022
4. Ordinance of the Board of Supervisors of the County of Roanoke,
Virginia approving the lease financing of various capital projects
for the County and authorizing the leasing of certain County-
owned property, the execution and delivery of a prime lease and a
local lease acquisition agreement and finance lease and other
related actions (Laurie Gearheart, Director of Finance and
Management Services)
Ms. Gearheart outlined the request for ordinance.
Supervisor Mahoney inquired if there was an issue with VRA as only some
of the real estate is not owned by Roanoke County. Ms. Gearheart responded VRA
required that only 75% must be collateral for the property, so staff does not see any
issues with collateral. There was no further discussion.
Supervisor North's motion to approve the first reading and set the second
reading for September 13, 2022 was seconded by Supervisor Radford and approved by
the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
5. Emergency Ordinance accepting and appropriating $491,591 from
the Virginia Department of Criminal Justice Services for fiscal
year 2023 to the Roanoke County Police Department for School
Resource Officers (Due to time constraints for the project, it is
requested that the second reading be dispensed with upon an
affirmative vote of 4/5ths of the members of the Board, and that
this matter be deemed an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter) (Howard B. Hall,
Chief of Police)
Chief Hall outlined the request for the emergency ordinance noting they
will have issues hiring quickly. There was no discussion.
EMERGENCY ORDINANCE 082322-4 ACCEPTING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $491,591 FROM
THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE
SERVICES (DCJS) TO THE ROANOKE COUNTY POLICE
DEPARTMENT
WHEREAS, the ,Virginia Department of Criminal Justice Services (DCJS) has
awarded funding to the Roanoke County Police Department through fiscal year 2023 to
August 23, 2022 751
fund salaries and benefits for eight (8) new School Resource Officers to be assigned to
eight (8) of the sixteen (16) elementary schools located within Roanoke County; and
WHEREAS, due to time constraints, staff has deemed this to be an emergency;
and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on August 23, 2022; and
the second reading has been dispensed with, upon an affirmative 4/5ths vote of the
members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $491,591, made available to the Roanoke County Police
Department by DCJS, is accepted.
2. That the sum of $491,591 is hereby appropriated to County's grant fund
for the funding of the salaries and benefits of School Resource Officers.
3. An emergency is deemed to exist due to time constraints, and this
ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance as an emergency
measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
6. Ordinance amending Section 13-4 of the Roanoke County Code,
clarifying and confirming the authority of the Virginia Department
of Wildlife Resources to issue certain permits for the taking of
wildlife in Roanoke County (Peter S. Lubeck, County Attorney)
Mr. Lubeck outlined the request for this ordinance. There was no
discussion.
Supervisor Peters' motion to approve the first reading and set the second
reading for September 13, 2022 was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
752 August 23, 2022
IN RE: CONSENT AGENDA
RESOLUTION 082322-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for August 23,
2022, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Item 1, as
follows:
1. Approval of minutes—April 12, 2022, April 26, 2022, May 6, 2022
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: REPORTS
Supervisor moved to receive and file the following reports. The motion
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 July
31, 2022
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of July 31, 2022
5. Accounts Paid —July 31, 2022
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of July 31, 2022
August 23, 2022 753
IN RE: CLOSED MEETING
At 4:39 p.m., Supervisor Mahoney moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A) (3) for
discussion or consideration of the acquisition of real property for a public purpose,
where the discussion in an open meeting would adversely affect the bargaining position
or negotiation strategy of the public body, namely in the Cave Spring Magisterial District
The motion was seconded by Supervisor Hooker and carried by the
following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
The closed session was held from 6:10 p.m. until 6:47 p.m.
Chairman Mahoney recessed to the third floor for work session and closed
session at: 4:40 p.m.
IN RE: WORK SESSIONS
1. Work session to discuss a "barking dog" ordinance with the
Board of Supervisors (Peter S. Lubeck, County Attorney; Howard
B. Hall, Chief of Police)
Mr. Lubeck provided a PowerPoint presentation and a copy of a proposed
ordinance.
Supervisor Peters asked who is going to monitor with Chief Hall advising
from an enforcement perspective they will not drive around listening or setting up a
recording. They believe the citizens should talk to their neighbors, but know some will
not. The next step is for the Police to get involved but the citizen will have to burden of
proof. If they use a smartphone, it will have a date and time and would provide the
evidence. We try to educate the owner, but if that does not work then will go to court.
We advise the citizen to go to the magistrate. Officer can issue a summons if the owner
is non-cooperative. The claimant will still need to come to court.
The work session was held from 4:58 p.m. until 5:37 p.m.
2. Work session to review Roanoke County's Comprehensive Plan
update process with the Board of Supervisors (Philip Thompson,
Director of Planning; Alex Jones, Principal Planner)
Mr. Jones provided a PowerPoint presentation.
754 August 23, 2022
The work session was held from 5:38 p.m. until 6:07 p.m.
IN RE: CERTIFICATION RESOLUTION
At 7:06 p.m., Supervisor Mahoney moved to return to open session and to
adopt the certification resolution.
RESOLUTION 082322-6 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
1. The petition of Insite Real Estate Investment Properties, LLC, to
rezone approximately 0.93 acre from R-2, Medium Density
Residential District, to C-2, High Intensity Commercial District, to
construct a drive-in or fast food restaurant (quick-serve coffee
shop) located at 7515 and 7517 Friendship Lane, Hollins
Magisterial District(Philip Thompson, Director of Planning)
Mr. Thompson outlined the petition with a PowerPoint presentation.
August 23, 2022 755
Supervisor Radford asked if there were proffered conditions with Mr.
Thompson responding in the affirmative. Mr. Thompson responded it is in the packet.
Supervisor Mahoney stated he believed the Board received an email
indicating that, with respect to the traffic study, VDOT indicated there is a proposal to
develop the property across Friendship. Do we know what that is with Mr. Thompson
responding a convenience store. Supervisor Mahoney then asked if the traffic for the
other use be on Friendship or would it be coming off Planation. Mr. Thompson
responded there is access off of both.
Sean Graham spoke on behalf of the petitioner.
Supervisor North commented the Slate's property is 37 feet from the
corner to the property line and then the dumpster is 15 feet from the property line. He
thinks our code normally says 30 feet from the property line. With that being said, how
many times per week is that dumpster planning to be emptied? Mr. Graham responded
he is not completely familiar with those operations, but he would estimate once a week,
but he does not know for sure. Supervisor North then asked about the fence. It is six
(6) foot high, correct? Mr. Graham responded in the affirmative. Supervisor North
stated if you are going to put the dumpster that close to the fence, maybe you can think
about an eight (8) foot fence so that the visibility's even less as it is closer to the
property. Mr. Graham responded if you look in the design handbook, that buffer has the
six (6) foot fence along the property line and then the row of trees on the inside of it, so
he would argue that the row of trees would provide a considerable amount of screening.
Chairman Mahoney opened the public hearing with the following citizens
to speak:
Carol Slate stated, "She and her brother together own the adjoining
property. It's 7531 and 7535 Friendship Lane. And we are not opposed to progress as
long as it's done correctly according to Roanoke County's design handbook and doesn't
devalue our adjoining property. Since the county has a design handbook, why would a
modification reduction to the 30-foot required buffer zone be allowed? And that's in their
modification request. In lieu of the ordinance required 30-foot setback, they are
requesting a 15-foot setback and our house is only 37 feet from the property line. And if
you allow a 15-foot reduction in the buffer zone, it will be unlivable because of the
dumpster site, which will be placed adjacent to our house. And the dumpster can be
relocated and the required 30-foot buffer zone can be achieved if the building size and
parking lot are reduced to fit the nine tenths acre locked. We also want to know what
type of enclosure will be around the dumpster and we would like you to consider
requiring insight to put an eight-foot wooden privacy fence instead of a six-foot screen
fence that they proposed between the properties with 10-foot Leland Cypress trees
staggered in two rows. And Mr. North. I would also like to know if you visited
756 August 23, 2022
McDonald's on Plantation and looked at their dumpster site, which is at the back of the
building next to the drive through lane? please do not approve this site plan as it's
submitted, as it does not meet the design handbooks requirements and will only
devalue the adjoining residential property. And I did bring a tape measure if you want to
see how much 37 feet is."
Supervisor Radford asked Mr. Thompson to come back up stating so
usually the building as to be 30 feet off the side setback, correct? Mr. Thompson
responded It was submitted with the application. We just, full disclosure, want to give all
the information that's submitted. So anytime a C-2 zoned property abuts R-1 or R-2 it's
a type C buffer. Type C buffer there's two options, right? You have one that has the six-
foot fence and one that doesn't. The one that doesn't is usually bigger. It's 40 feet
without the fence, it's 30 feet with the fence and then there's plantings that are there.
The waiver request is really done at the site plan process. Given our topography, given
site conditions, it allows the applicant to request a waiver of the zoning administrator
during the site plan review process looking at that 30-foot buffer. We've met with Ms.
Slate in the last week or so and talked about a lot of these things. And some of the
comments that have come up. I've relayed to Becky about maybe some considerations.
And the purpose for that is because not every site is nice and level, you need to have
the ability to make alterations if you need to. So some of the things that could be looked
111
at, and again, I've shared this with Rebecca James, our zoning administrator is, "Okay,
what is the enclosure?" Typically, most enclosures are some type of brick or masonry
around it. So that would probably help. Potentially a taller fence, potentially taller
plantings. So, it has the effect of what the original buffering is trying to do. On their
original plat or schematic, they show a 15-foot distance and that was based off of, I
think our GIS system. They had done a revised plan, we didn't want to confuse the
issue, so we just left it alone. But that was actually a survey of the property and it
changes to 19 feet instead of 15 it's a 19 foot. From the property line to the enclosure is
19 feet. But the intent of the waiver modification is to give some flexibility and in
essence give the zoning administrator the ability to make those changes while always
still meeting the intent of the ordinance. So, the intent is to screen the buffer. To do that
in that process. Maybe instead of deciduous trees, it's evergreen trees, maybe it's taller
evergreen trees that are planted. Maybe it's a taller fence that's planted and then the
enclosure is masonry, right? Enclosure versus a fence of some sort. Those are all
things that will be taken care of at the site plan process.
Supervisor Mahoney then asked what happens if the Zoning Administrator
does not agree to waiver with Mr. Thompson responding they would have to move it
back 30 feet.
Supervisor Hooker inquired as to what type of material with Mr. Graham
advising it will be an eight (8) foot high masonry.
Supervisor North asked VDOT if they see a turn lane into the site based
on the development across the street with Ashley Smith responding that it is certainly
something they are looking at and can be addressed during the site plan review as well.
August 23, 2022 757
There was no further discussion.
ORDINANCE 082322-7 REZONING APPROXIMATELY 0.93
ACRE FROM R-2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT
TO C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT TO
CONSTRUCT A DRIVE-IN OR FAST FOOD RESTAURANT
(QUICK-SERVE COFFEE SHOP) LOCATED AT 7515 AND 7517
FRIENDSHIP LANE, IN THE HOLLINS MAGISTERIAL DISTRICT
(TAX MAP NOS: 027.06-05-06.00-0000, 027.06-05-07.00-0000,
AND 027.06-05-08.00-0000)
WHEREAS, Insite Real Estate Investment Properties, LLC, is requesting to
rezone approximately 0.93 acre from R-2 (Medium Density Residential) District to C-2
(High Intensity Commercial) District located at 7515 and 7517 Friendship Lane (Tax
Map Nos: 027.06-05-06.00-0000, 027.06-05-07.00-0000, and 027.06-05-08.00-0000), in
the Hollins Magisterial District, in order to construct a drive-in or fast food restaurant
(quick-serve coffee shop); and
WHEREAS, the first reading of this ordinance was held on August 23, 2022, and
the second reading and public hearing were held on September 13, 2022; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 2, 2022; and
WHEREAS, the Planning Commission recommends approval of the petition as
requested; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The petition of Insite Real Estate Investment Properties, LLC to rezone
approximately 0.93 acre from R-2 (Medium Density Residential) District to
C-2 (High Intensity Commercial) District, is approved, with the following
proffered condition:
a. The development of the property shall be in substantial
conformance with the concept plan entitled Concept Plan (v6.0)
dated 6/10/2022, prepared by Insite Real Estate Investment
Properties, LLC, subject to those changes required by Roanoke
County during its comprehensive site plan review.
2. The Board finds that the proposed rezoning of approximately 0.93 acre is
consistent with the Future Land Use Designation of the properties as
"Core".
3. The Board further finds that the proposed rezoning of approximately 0.93
acre is consistent with good zoning practice, and will not result in
substantial detriment to the community.
r
758 August 23, 2022
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district
map to reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor North to adopt the ordinance with the proffered
conditions seconded by Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker commented It's been a busy couple of weeks and I'll
make it brief. But school has started, best wishes for a good school year to Dr. Nicely
and all our faculty, staff and students. Friday night football is beginning this Friday night,
so that's exciting. We have a great school system. We take a lot of pride in what they
do. Went to the Catawba Farmer's Market for the Farm to Table dinner for a fundraiser
for the market; it was a delicious meal to help support the market. Please remember
the Catawba Farmer's Market. It's a wonderful opportunity to buy fresh vegetables,
fruits, meats, crafts are there. They're open on Thursdays from 3:00 to 6:30PM and will
remain open until October 20th. Looking forward to Cherokee Hills Neighborhood
Association ribbon cutting for their new picnic shelter; courtesy of the Girl Scout Troop
453. She is really looking forward to that and appreciate what they've done for the
community. Finally, just one last quick note regarding the VACO meeting that she
attended along with Chairman Mahoney, Supervisor North, Mr. Caywood, Mr. Lubeck,
Ms. Sefcik. We had a great meeting, had a lot of good discussion. I attended the
education committee and it had some great discussion regarding capital funding and
other pressing issues.
Supervisor North commented, "On August 13th, I attended the ribbon
cutting for the Williamson, which is a new initiative of the Greater Williamson Road Area
Business Association located in the Williamson Road Plaza. The Williamson provides
private offices, desks, hotels, and conference room rental. And the facility was made
possible through a 2022 Virginia statewide business District Resurgence grant, which
our economic development department was in support of and wrote a letter to that
effect. On August 15th, attended the Virginia County summer session here in Roanoke
as a member of the Economic Development Committee, advocated for the streamlining
of broadband contracts between state and localities to implement the many approved
projects as this seems to be a recurring theme around the commonwealth. Also, as
chair of the transportation committee, we supported the addition of funding for
southbound exit 129 to 137 of the 181 for a third lane, as well as additional state and
federal funding for airport expansions around the state to foster economic development.
August 23, 2022 759
On August 16th we listened to the governor's speech before the money committees of
the General Assembly and we all probably heard by now that there's a year-end state
surplus of 1.9 billion coupled with unspent appropriations as of June 30th of 1.2 billion.
And this has many possibilities and some that were named were $1 billion in tax
rebates, $905 million addition to the rainy-day reserve fund, $585 million capital projects
to supplement VRS economic development and the 164 expansion and $400 million in
additional tax relief. Emphasis was stated by the governor on three targets. The $400
million tax relief lowering the cost of doing business in Virginia by reducing regulations
like many of our neighboring bordering states such as North Carolina and funding more
money for talent and workforce development. And on one final note, Secretary
Cummings made reference to the rainy-day State funds that will be $4.3 billion by 2024.
According to the secretary, this means that the fund will exceed the 15% of the general
funds and budget language and will need to be added or I should say amended to
exceed the 15%. And as one area legislator who served on this Board stated in a text
the other day was when I asked about the 1.2 billion he indicated, "We're going to give it
back to the taxpayers."
Supervisor Radford commented he met with the Back Creek Civic League
last night. This is a very active civic league in Windsor Hills District. They had not met
since Covid. So, it was great to see everybody back at the Back Creek Fire and
Rescue. They give us an opportunity to talk to the citizens. There were probably a
dozen of them there. Fire and Rescue got up and spoke. Police Department Chief Hall
was there, a representative from the Sheriffs Office was there. Mr. Caywood was there
and introduced his staff that was there. Volunteer Fire Chief got up and spoke to us at
the end along with the representative from LOA. He made a pitch for this coming
weekend. They're going to have their pork barbecue dinner fundraiser. If you're
interested, it goes from 4:00 to 7:00 p.m. on Saturday. You'll have to buy a ticket in
advance because they're going to run out of barbecue. So that's the happenings in the
Back Creek area.
Supervisor Mahoney commented he attended the VACO meeting last
week along with Supervisors Hooker and North as well as County staff. . It was very
enjoyable to have the VACO folks here in Roanoke. I think we did a lot of good business
and geared up for the annual meeting in November trying to establish the county's
legislative program for the General assembly. I attended the finance and general
government sessions. It's interesting, as Mr. North points out, there's all this money and
everybody has great ideas how to spend other people's money and it's always fun to
spend other people's money. So, we'll see how that plays out. The second item is, this
morning he attended a celebration at Virginia Western Community College. They were
honoring Ed Hall and his family. They were naming the Business Science Building for
the hall family. And if any of you know Ed Hall, he is a leader in the Roanoke region in
the Roanoke Valley. He and his family are looking at a multi-million-dollar multi-
generational endowment fund for Virginia Western. It's very impressive what the Virginia
Western Foundation Endowment Fund is doing and what Dr. Sandal is doing at Virginia
760 August 23, 2022
Western and we as a county have supported that CCAP program in terms of providing
funding for students in Roanoke County, help pay the tuition for that program. It's doing
good things at Virginia Western.
With that, there has been a suggestion that we change our meeting date
from September 27 to Wednesday, September 28. Has staff had an opportunity to mull
that proposal over and give us any comments before the Board actually votes on
changing the meeting date? Supervisor Mahoney moved to change the meeting date to
September 28, 2022. The motion was seconded by Supervisor Hooker and carried by
the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
Supervisor Mahoney noted that the public hearing and second reading for
the petition of ABoone Real Estate, Inc. was voted on earlier and moved to change the
public hearing and second reading to Wednesday, September 28, 2022. The motion
was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: ADJOURNMENT
Chairman Mahoney adjourned the meeting at 7:48 p.m.
• fitted by: Approved by:
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r De orah C. ack� Paul M. Mahoney
Chief Deputy CIz. . to the Board Chairman