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HomeMy WebLinkAbout3/26/2024 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 26, 2024 RESOLUTION 032624-1 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM D - 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 March 26, 2024, designated as Item D-Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of Minutes— March 12, 2024 2. The petition of Sheetz, Inc. to remove the proffered conditions on approximately 0.978 acres of land zoned C-2C, High Intensity Commercial with conditions, located at 4143 Franklin Road, Cave Spring Magisterial District(First Reading and Request for Second Reading and Public Hearing) 3. The petition of the City of Salem Water Department to obtain a special use permit for a major utility service(water tank)on approximately 0.38 acre of land zoned R-1, Low Density Residential District, located at 1490 Hearth Lane, Catawba Magisterial District (First Reading and Request for Second Reading and Public Hearing) 4. Ordinance authorizing the granting of new public drainage easements to the Board of Supervisors of Roanoke County, on property owned by 1)Alice B. Kefauver(Tax Map# 079.01-01-64.00-0000), located at 3020 Pebble Drive, 2) Roy M. Carpenter (Tax Map#079.01-01-61.00-0000), located at 3017 Woodway Road,3)Leonard W. Stiff and Rebecca G. Stiff(Tax Map 079.01-01-63.00-0000), located at 3012 Pebble Drive, and, 4) David L. Bratton (Tax Map#079.01-01-62.00-0000), located at 3006 Pebble Drive, for the purpose of constructing drainage improvements; Vinton Magisterial District (Second Reading) 5. Ordinance to amend Chapter 19 of the Roanoke County Code; Solicitors and Solicitations (First Reading and Request for Second Reading) On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Mahoney and carried by the following recorded vote: Page 1 of 2 AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: 6Cd L. Caywood, P.E. County Administrator/Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Rachel Lower, Deputy County Attorney Philip Thompson, Director of Planning Tarek Moneir, Director of Development Services Page 2 of 2 ACTION NO. 032624-1.b ITEM NO. D.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 26, 2024 AGENDA ITEM: The petition of Sheetz, Inc. to remove the proffered conditions on approximately 0.978 acres of land zoned C- 2C, High Intensity Commercial with conditions, located at 4143 Franklin Road, Cave Spring Magisterial District SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 23, 2024. The title of this ordinance is as follows: The petition of Sheetz, Inc. to remove the proffered conditions on approximately 0.978 acre of land zoned C-2C, High Intensity Commercial with conditions, located at 4143 Franklin Road, Cave Spring Magisterial District. DISCUSSION: There is no discussion on this item. FISCAL IMPACT: Page 1 of 2 There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 23, 2024. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 23, 2024. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ 0 Page 2 of 2 ACTION NO. 032624-1.c ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 26, 2024 AGENDA ITEM: The petition of the City of Salem Water Department to obtain a special use permit for a major utility service (water tank) on approximately 0.38 acre of land zoned R-1, Low Density Residential District, located at 1490 Hearth Lane, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for April 23, 2024. The title of this ordinance is as follows: The petition of the City of Salem Water Department to obtain a special use permit for a major utility service (water tank) on approximately 0.38 acre of land zoned R-1, Low Density Residential District, located at 1490 Hearth Lane, Catawba Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for April 23, 2024. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 23, 2024. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ D Ms. Hooker ® ❑ El Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® El ❑ Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 032624-1.d ITEM NO. D_4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 26, 2024 AGENDA ITEM: Ordinance authorizing the granting of new public drainage easements to the Board of Supervisors of Roanoke County, on property owned by 1) Alice B. Kefauver (Tax Map# 079.01-01-64.00-0000), located at 3020 Pebble Drive, 2) Roy M. Carpenter (Tax Map# 079.01-01-61.00-0000), located at 3017 Woodway Road, 3) Leonard W. Stiff and Rebecca G. Stiff (Tax Map 079.01-01-63.00-0000), located at 3012 Pebble Drive, and, 4) David L. Bratton (Tax Map # 079.01-01-62.00-0000), located at 3006 Pebble Drive, for the purpose of constructing drainage improvements; Vinton Magisterial District SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of new public drainage easements to the Board of Supervisors of Roanoke County for multiple properties (Tax Map #s. 079.01-01-64.00- 0000, 079.01-01-61.00-0000; 079.01-01-63.00-0000; and 079.01-01-62.00-0000) for the purpose of drainage improvements, in the Vinton Magisterial District. BACKGROUND: Alice B. Kefauver, Roy M. Carpenter, Leonard W. Stiff and Rebecca G. Stiff, and David L. Bratton, who own properties located between Pebble Drive and Woodway Road, are granting drainage easements to the Roanoke County Board of Supervisors located as shown on the attached plats. These easements are of the purpose of correcting long-standing drainage problems. DISCUSSION: Page 1 of 3 The subject parcels were developed in the 1960s, and the drainage system consists of un-reinforced concrete pipe that is cracking and separating at the joints. Portions of the drainage system in this area have already been replaced, and the current proposed work will address long-standing problems. Total failure of said pipe could result in significant flooding and property damage to the homes in the area. In order to correct this long-standing drainage issue, additional easements are needed. As shown on Exhibit "A," there is an existing 15 feet wide sanitary and drainage easement that was established when the development occurred, which crosses the same properties that are the subject of this ordinance. The owners of the impacted parcels (see Exhibit "A") have agreed to donate public drainage easements to Roanoke County for construction and maintenance of the proposed improvements. Properties considered for this ordinance include: Alice B. Kefauver (Tax Map# 079.01-01-64.00-0000) Roy M. Carpenter (Tax Map # 079.01-01-61.00-0000) Leonard W. Stiff and Rebecca G. Stiff(Tax Map 079.01-01-63.00-0000) David L. Bratton (Tax Map # 079.01-01-62.00-0000) Maps indicating the location of each proposed easement are attached to this report (see "Exhibit A"). The easements are necessary for the installation and maintenance of a new drainage system. The new drainage system will be designed and constructed to provide positive drainage. FISCAL IMPACT: There is no cost to Roanoke County for preparation of the easement deeds as they have been prepared by Roanoke County staff. Roanoke County will advertise for bids for construction of the drainage improvements. The estimated cost of$380,000 for this project is covered by the American Rescue Plan Act known as ARPA funding available for the Department of Development Services and previously approved by the Board of Supervisors. Future maintenance for this said easement will be covered by routine maintenance efforts by Department of Development Services. STAFF RECOMMENDATION: Page 2 of 3 There have been no changes since the first reading of this ordinance. Staff recommends approval of this ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Rachel Lower, Deputy County Attorney Tarek Moneir, Director of Development Services Page 3 of 3 EXHIBIT "A" °��r ti° �o°., PARHAM DR. RT. 949 et\a.'''' ` (50' RIW) . c • ) ;.A!-,F — _ _ _O -1 , - 1.�..� I o CI z� 0 If I Tax / N \ 03 °' I N © I r I �l079.01-01-62.00 i 1 / 1 , \ I I I Property of \ \ DAVID L.BRATTON Irk 1 r I- 8 • I I, `°w �`� I Oo °� -XI` \ 1 I7I r I I 1 o I. a 11 , �PO,,,,.. 3• \ �� JI 1 uj W I. I I / �'P $ -/" \ 1 1 1.\\ I I ° J "�' \ \ 1 w I le_i' \ 1 I N ~ I 1 EX. 10'PUBLIC I 1 1 /I unu 1 �� © � I e � P.e.� A'r I _ N 1 _ Tax079.01-01-60.00 O I iI I i Tax #079.01-01-64.00 — 11Property of N O 1 Property of 1 / RONALD J.HODGES - ALICE B.KEFAUVER / 1 I I 0 I 1 f1I W , %I I TT� J T"'1'II I N I I 0 = �y 4a/ I EX.16'PUBLIC I m I /V \ I , y=�, U11UTY EASEMENT i -1 ham P.B.1, Pg.37 O • Po _ _ Tax #079.01-01-59.00 M f----- I 1-- --I--__— —1 I Property of I _ _ - -,�j KARNES LIVING TRUST m I I I r— - - - - -7- -�— � I ISEMENT FR SZ I I / I EX.UTILITYBUC =-- I 1 m 11110 I LP.BEA1,Pg. 37 Cfl — I I I * / I -- -- - t I - TO w / / ® I _—r__--� I I MXi Tax079.01-01-65.00 I- %1 1 N - Property of I /�.����/I JOEL E.&BETTY D. I 1 PENDLETON I I i Ct ' _4 �1 / I Tax #079.01-01-58.00 ' 0 it �- I -- I Property of i [�7 ' — -- -- -- I BARRY W.& / * 11 1 IW -- -\ �\ I SANDRA W.WITT %������� I I I W et I bIr Fx��� �\ 1s W e�4i�lgyr 'k I I\ ..I W - I II! / N e 11 - - I I I001-7 I • Tax #079.01-01-66.00 I I I •�������/IIN Property of I Tax #079.01-01-57.00 i LORI E.GRUBB I I I Property of DUANE W.ISON Sr.& ' / JOYCE A.ISON i N i k i R VICINITY MAP co %/,,,,,/' EDDI,NGTON 8R00 AEFP634 • n' • • NEW VARIABLE WIDTH o4, & • •' PUBLIC DRAINAGE EASEMENT • Coun�l 5, A)4,0 44Y s�oy�o�e .0°� ALICE B. KEFAUVER �° 480S `' KII 3020 PEBBLE DR. ' -.4 It -4., SITE O ROY M. CARPENTER Docq. `t �i. Ct Rt�12 9 < 2 `a%s. .Pa s 3017 WOODWAY DR. e 5. o ` g,ar600;ry � LEONARD W. & N O 671 +/- REBECCA G. STIFF Oi- @�6' s'''' Dr • /'. s, 6-' ' "'e a 3012 PEBBLE DR. 8i r w Cr 11 � 6 O DAVID L. BRATTON ;OaN•� a' S Ig 3006 WOODWAY DR. &III!I I. a. loci Dr a 5 IS, LAI 441 ,. Rt951 a �' ,t SCALE: 1"= 50' DATE: FEBRUARY 19, 2024 A•1'�' PREPARED BY ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES °I'I' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 26, 2024 ORDINANCE 032624-1.d AUTHORIZING THE GRANTING OF NEW PUBLIC DRAINAGE EASEMENTS ON PROPERTY OWNED BY 1) ALICE B. KEFAUVER (TAX MAP# 079.01-01-64.00-0000), LOCATED AT 3020 PEBBLE DRIVE, 2) ROY M. CARPENTER (TAX MAP# 079.01-01-61.0000), LOCATED AT 3017 WOODWAY ROAD, 3) LEONARD W. STIFF AND REBECCA G. STIFF (TAX MAP# 079.01-01-63.00-0000), LOCATED AT 3012 PEBBLE DRIVE, AND 4) DAVID L. BRATTON (TAX MAP# 079.01-01-62.00-0000), LOCATED AT 3006 PEBBLE DRIVE, FOR THE PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS; VINTON MAGISTERIAL DISTRICT WHEREAS, it is proposed that Alice B. Kefauver, Roy M. Carpenter, Leonard W. Stiff and Rebecca G. Stiff, and David L. Bratton, who own properties located between Pebble Drive and Woodway Road in the Vinton Magisterial District, grant drainage easements to the Roanoke County Board of Supervisors to enable the Board to assist in correcting long-standing drainage problems; and WHEREAS, the subject parcels were developed in the 1960s, and the drainage system consists of un-reinforced concrete pipe that is cracking and separating at the joints. Portions of the drainage system in this area have already been replaced, and the current proposed work will address long-standing problems. Total failure of said pipe could result in significant flooding and property damage to the homes in the area; and WHEREAS, the owners of the impacted parcels have agreed to donate public drainage easements to Roanoke County for construction and maintenance of the proposed improvements to the following parcels: 1) Property owned by Alice B. Kefauver (Tax Map# 079.01-01-64.00-0000), located at 3020 Pebble Drive, Page 1 of 3 2) Property owned by Roy M. Carpenter (Tax Map# 079.01-01-61.00-0000), located at 3017 Woodway Road, 3) Property owned by Leonard W. Stiff and Rebecca G. Stiff(Tax Map 079.01-01- 63.00-0000), located at 3012 Pebble Drive, and, 4) Property owned by David L. Bratton (Tax Map # 079.01-01-62.00-0000), located at 3006 Pebble Drive. A map indicating the location of each proposed easement is attached to this ordinance as Exhibit A; and WHEREAS, receipt of the proposed easements is necessary to enable the County to assist with the installation and maintenance of a new drainage system; and WHEREAS, the estimated cost for this project is $380,000, and is proposed to be funded with distributions received by the County under the American Rescue Plan Act (ARPA); such funding was previously allocated by the Board for use by the Department of Development Services; and WHEREAS, the first reading of this ordinance was held on February 27, 2024, and the second reading of this ordinance was held on March 12, 2024. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance new public drainage easements by 1) Alice B. Kefauver, 2) Roy M. Carpenter, 3) Leonard W. Stiff and Rebecca G. Stiff, and 4) David L. Bratton, to the Roanoke County Board of Supervisors, as depicted set forth on the attached Exhibit A, all of which are located in the Vinton Magisterial District, are hereby approved. Page 2 of 3 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are authorized to execute, deliver, and record the deeds, and any other documents, on behalf of the County, and to take such further actions as any of them may deem necessary or desirable in connection with this project. The form of the deeds is hereby approved with such completions, omissions, insertions, and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Supervisor Hooker moved to approve the second reading of the ordinance. Supervisor Mahoney seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: wed. Ca, o•e . County Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Tarek Moneir, Director of Development Services Page 3 of 3 EXHIBIT "A" 1 c tir ti° PARHAM DR. RT. 949 `�\ ea,�o� (50' R/W) 4` o c` _� -- - - I N S•�°' .f /1 �) I I lEll I "T7 I I Imo 11 a I 1 e N. \ . . m I I v4� II I CO I Tax / \\ �� Ir #079.01-01-62.00 / m I I Property of \ DAVID L. BRATTON \ - -- -- I °+' T r Xi M LL I PAL '� ja9 O0 \ •I/ iii i 5> cn I / I / C'9Q y °i 1 Jij 5 LZ< 1 I I / A�2�`\�' A A \ IN r.a 1 1 1 I I I I % It...//.-..‘"-...-"...... ."...." I I /1 'EX 110E PUBLIC 1KW r I / © / 1 8 r AB. 1,Pg.37--,, .�.�. N 1 0 I Tax #079.01-01-60.00 ❑ 0 I Tax y0 ro0erty of64 DD— I / RONALD J Property it O I I I ALICE BPKEFAUVER / I Ut I Iw © ,I I _ I I �' TT / N I I ° 3 ref 4�'/ I EX. 16'PUBUC J I , 2 / UT UTY EASEMENT I m I X c:/ P.B. 1, Pg. 37 I Oy I ' — L — — �`v�Y / I �- in ID ' r I _ J Tax #079.01-01-59.00 N O 1 I—— —--1.-_ - -— — I _1 Property of ° 1— — — f — — — — j KARNES LIVING TRUST I+7 I I i I — —/— — a EX UTILITYBLIC Ri It I / —i o / / II EASEMENT S �}'� 1- I 1 aj I / LP.B. 1, Pg. 37 "' 1 �I * / / 1 t 1 Q LJ i / a I -- -- -�--� I 73 ° Tax #079.01-01-65.00 1- I '� 01 Property of I % I,,,,,,' JOEL E.&BETTY D. I A PENDLETON I I I _ / -- / — I I Tax #079.01-01-58.00 � ❑ iI �— J — Property of i Ir] /, --1 __ I BARRY W.& 4z 1 1 k,� — -- — — SANDRA W.WITT 1 (� Q r F ,S I'--F� I � �j I V il ham j ° LEE 9�, 7J��II. -- _ - --_ - -� - -- NW Eil 14 ...- 1-7 1 t.k, I 11 ( I • Tax #079.01—01-66.00 I I I •7 i �1 CO Property of I Tax #079.01-01-57.00 i LORI E.GRUBB 1 I I Property • of "- DUANE W.ISON Sr.& / o JOYCE A.ISON / (r] / VICINITY MAP R° /,,. R i . EDDINGTON 9R0p� SEEP , ' 0" • ; NEW VARIABLE WIDTH 94? & R • 'cam " PUBLIC DRAINAGE EASEMENT V� �° - Co�`` St s.41,-44) a � Rf SJ01/46e e°a°�°' O 192 +/- ALICE B. KEFAUVER 3020 PEBBLE DR. ao 9 o B. I, '°°o 0°ob <s 6 '`o. SITE S oke1Rs9 ROY M. CARPENTER B 6e �a B. O2 1048 S.F. +/- 3017 WOODWAY DR. szi- �'�%°3 o A \ceP o9,b LEONARD W. & v ''rs o E �°e' `o.,el ';, tt Pleasant ® 671 +/- REBECCA G. STIFF 0 I� S 9a0 Dr c c 'F', s'• 4' R co,.6 a 3012 PEBBLE DR. w eO ?ss N �r o /� e�`a° Freeborn �o �}..4f� S DAVID L. BRATTON oANp �/� wa Rt sso Cr Io ; �, O 83 S.F. +/- 3006 WOODWAY DR. , i.•��1'► m A o 0 1 o. Lori Dr n a' °' A" a Rt95 N. �< _1 \ A 1 '�, a � G. SCALE: 1"= 50' DATE: FEBRUARY 19, 2024 4,1w PREPARED BY ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES ' ACTION NO. 032624-1.e ITEM NO. Item D.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 26, 2024 AGENDA ITEM: Amendments to County Code Chapter 19 — Solicitors and Solicitations SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Proposed Amendments to County Code Chapter 19 - Solicitors and Solicitations. BACKGROUND: Recent U.S. Court of Appeals for the Fourth Circuit case law has rendered portions of this Chapter unconstitutional, and the General Assembly has implemented a comprehensive statutory scheme governing solicitations by charitable and civic organizations which severely limits the county's ability to legislate in this area. DISCUSSION: Panhandling: Recent U.S. Court of Appeals for the Fourth Circuit case law has rendered portions of our Code unconstitutional with regards to personal solicitation of charitable contributions (i.e. begging/panhandling). See, e.g., Reynolds v. Middleton, 779 F.3d 222 (4th Cir. 2015) (Henrico County's ordinance, which prohibited solicitation within county roadways, was ruled unconstitutional.). Charitable Solicitation: As noted above, the state has implemented a comprehensive statutory scheme governing charitable and civic organizations. The state statute allows the county to pass an ordinance but only if it is not inconsistent with the state code, and severely restricts the type of organizations which the county can regulate. Those limitations boil down to only allowing the county to require local civic organizations to apply for a permit prior to soliciting funds. Further, before any such ordinance can take Page 1 of 3 effect, it must be submitted to and approved by the Commissioner of Agriculture and Consumer Services. We propose deleting "Article II Permit for Charitable Solicitations" (County Code sections 19-21 through 28) and taking advantage of Virginia Code § 57- 63(D). Section 57-63(D) allows the locality to pass an ordinance requiring charitable organizations, that are required to register with the state, to also register with the county when they are planning on soliciting contributions in the county, and to inform the county of the names of its solicitors that will be in the county. If the Board decides to delete sections 19-21 through 28, the county will still have a remedy against problematic fund raisers. For example, if the police become aware of an organization soliciting funds while committing misrepresentation or fraud, they can enforce County Code 19- 8(c) (prohibiting misrepresentation and fraud). In addition, the County Attorney is specifically authorized by Virginia Code § 57-59(D) to bring an action, in the name of the Commonwealth, to enjoin the violation of any of the applicable state code provisions. The Proposed Changes Commercial Solicitation: The County has more freedom to regulate in this area; therefore, the few commercial solicitation regulations in Chapter 19 do not require major modification. However, staff recommends adding that commercial solicitors may begin their planned activities as soon as they have submitted the required information and fee. Regarding Panhandling: Staff proposes deleting the unconstitutional portions of Chapter 19 regarding panhandling (personal solicitations). Regarding Charitable Solicitation: Staff proposes deleting "Article II Permit for Charitable Solicitations" (County Code 19-21 through 28) and taking advantage of Virginia Code § 57-63(D) which allows the County to require charitable organizations, which are required to register with the state, to inform the county when they will be soliciting in the County and the names of their solicitors. Regarding Commercial Solicitation: Staff proposes adding that the commercial solicitors may begin their planned activities as soon as they have submitted the required information and fee. FISCAL IMPACT: There is no fiscal impact associated with the proposed changes to Chapter 19 of the County Code. STAFF RECOMMENDATION: Staff recommends approving the first reading of the proposed ordinance, and scheduling the second reading for April 9, 2024. Page 2 of 3 VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for April 9, 2024. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ El Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® El ❑ Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 26, 2024 RESOLUTION 032624-4 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 Mahoney to adopt the resolution; seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: ( ----7Caywood, P County Administrator/Clerk to the Board of Supervisors ACTION NO. 032624-5 ITEM NO. J_1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 26, 2024 AGENDA ITEM: The petition of Kevin Manor to obtain a special use permit to operate a short-term rental on approximately 1.23 acres of land zoned R-1, Low Density Residential District, located at 4127 Mockingbird Hill Road, Hollins Magisterial District. SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for short-term rental in a residential district. BACKGROUND: • The Roanoke County Zoning Ordinance defines a short-term rental as "the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge." • A short-term rental has several use and design standards. In the R-1 and R-2 zoning districts, a special use permit is required for a short-term rental on lots less than five (5) acres in size. DISCUSSION: The Planning Commission held a public hearing on this application on March 5, 2024. No citizens spoke during the public hearing. The Planning Commission discussed house rules for the short-term rental, whether or not any neighbors had complained about the use, the applicant receiving a letter from the county and immediately Page 1 of 2 complying with getting a special use permit, how long the short-term rental had been in use, the owner residing on the upper level of the house, the platform used to advertise the short-term rental, access to the lower level used for the short-term rental, that the short-term rental is not available for rent when the property owner is on vacation, and the conditions proposed for the special use permit. The Planning Commission recommends approval of the special use permit for a short- term rental with the following conditions: 1. The short-term rental shall be limited to the lower level of the existing residential dwelling (approximately 2,200 square feet). 2. The number of overnight guests shall not exceed six (6) people. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to operate a short-term rental on approximately 1.23 acres on property zoned R-1, Low Density Residential District, with two conditions: 1. The short-term rental shall be limited to the lower level of the existing residential dwelling (approximately 2,200 square feet). 2. The number of overnight guests shall not exceed six (6) people. VOTE: Supervisor North moved to approve the second reading of the ordinance. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® 0 0 Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ 0 Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 26, 2024 ORDINANCE 032624-5 GRANTING A SPECIAL USE PERMIT TO KEVIN MANOR TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 1.23 ACRES OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 4127 MOCKINGBIRD HILL ROAD, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Kevin Manor has filed a petition for a special use permit to operate a short-term rental on approximately 1.23 acres of land zoned R-1 (Low Density Residential) District, located at 4127 Mockingbird Hill Road (Roanoke County Tax Map Number 040.17-02-24.00-0000), in the Hollins Magisterial District; and WHEREAS, the first reading of this ordinance was held on February 27, 2024, and the second reading and public hearing were held on March 26, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 5, 2024; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with two conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, 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. Page 1 of 2 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 conditions: a. The short-term rental shall be limited to the lower level of the existing residential dwelling (approximately 2,200 square feet). b. The number of overnight guests shall not exceed six (6) people. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. Supervisor North moved to approve the second reading of the ordinance. Supervisor Hooker seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ri drd . Caywood, P.E. ounty Administrator/Clerk to the Board of Supervisors CC: Rachel Lower, Deputy County Attorney Philip Thompson, Director of Planning Page 2 of 2