Loading...
HomeMy WebLinkAbout6/25/2024 - Regular 4 ROANC,, p 4 ii ,�F Roanoke County 411-‘1-ik= Board of Supervisors .53 0 Minutes Q 2 v 1, f , b June 25, 2024 1838 A. OPENING CEREMONIES 1 . Remote Participation Approval It was confirmed that Supervisor Hooker's request for remote participation was in accordance with the Roanoke County Policy and her request for remote participation was approved. Ayes: Supervisors Radford, Mahoney, Shepherd, North Nays: None Abstain/No Vote: Supervisor Hooker 2. Roll Call Present: Supervisors Radford, Hooker, Mahoney, Shepherd, North Absent: None B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFING 1 . Briefing to update the Board on lot drainage. (Doug Blount, Assistant County Administrator) Briefing was given by Doug Blount. D. NEW BUSINESS Action No. 062524-1 Item D.1 1 . Resolution approving the Roanoke County Public Schools (RCPS) budget for fiscal year 2024-2025 upon certain terms and conditions. (Dr. Ken Nicely, Superintendent RCPS and Kathie Rawlings, Associate Director) Page 1 of 9 0UoUL Supervisor Radford moved to approve the resolution adopting the Roanoke County Public Schools budget for the fiscal year 2024-2025 as proposed. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 062524-2 Item D.2 2. Resolution approving the county's participation in the proposed settlement of opioid-related claims against Kroger and its related corporate entities, and directing the county attorney and/or the county's outside counsel to execute the documents necessary to effectuate the county's participation in the settlements. (Peter S. Lubeck, County Attorney) Supervisor Mahoney moved to adopt the resolution. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None E. FIRST READINGS OF ORDINANCES Action No. 062524-3 Item E.1 1. Emergency Ordinance to appropriate funds for the Fiscal Year 2024-2025 for Roanoke County Public Schools Categories. (Due to time constraints, 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) (Laurie Gearheart, Director of Finance and Management Services) Supervisor Radford moved to approve the ordinance as an emergency ordinance, due to time constraints, and to dispense the second reading upon an affirmative vote of 4/5ths of the members of the Board. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None F. PUBLIC HEARINGS AND ADOPTION OF ORDINANCES 1. Ordinance amending Chapter 8.1 of the Roanoke County Code and repealing Chapter 23 of the Roanoke County Code in order to create a Consolidated Erosion and Stormwater Management Program Ordinance. (Tarek Moneir, Director of Development Services) (Second Reading) This matter has been POSTPONED UNTIL JULY 9, 2024 Page 2 of 9 000082 Action No. 062524-4 Item F.2 2. The petition of Franco and Dawn DeBartolo to obtain a special use permit to operate a short-term rental on approximately 2.99 acres of land zoned R-1, Low Density Residential District, located at 3663 Chaparral Drive, Cave Spring Magisterial District (Philip Thompson, Director of Planning) (Second Reading) Supervisor Mahoney found that the proposed special use permit: 1. 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. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following seven (7) conditions: 1. The short-term rental shall be limited to the existing accessory structure (approximately 890 square feet). 2. The number of overnight guests shall not exceed two (2) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use and transient occupancy taxes be paid. Supervisor Radford seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 3 of 9 OO[iO 3 Action No. 062524-5 Item F.3 3. The petition of Evelyn Liu to obtain a special use permit to operate a short-term rental on approximately 2.04 acres of land zoned R-1, Low Density Residential District, located at 4058 Keagy Road, Windsor Hills Magisterial District (Philip Thompson, Director of Planning) (Second Reading) Supervisor Radford found that the proposed special use permit: 1. 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. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following seven (7) conditions: 1. The short-term rental shall be limited to the existing accessory structure (approximately 1,095 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None G. CONSENT AGENDA Action No. 062524-6.a-k Item G.1-11 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY Page 4 of 9 0OU-0g4 THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY Action No. 062524-6.a Item G.1 1. Approval of minutes—June 11, 2024 Action No. 062524-6.b Item G.2 2. Ordinance accepting funds in the amount of $328,811 from Virginia Department of Criminal Justice Services and appropriating such funds for use by the Roanoke County Police Department for school resource officers. (First Reading and Request for Second Reading) Action No. 062524-6.c Item G.3 3. Ordinance accepting funds in the amount of $322,675 from Virginia Department of Criminal Justice Services and appropriating such funds for use by the Roanoke County Police Department for school resource officers. (First Reading and Request for Second Reading) Action No. 062524-6.d Item G.4 4. Request to accept and allocate funds in the amount of $4,000 from the Virginia Department of Emergency Management for the Public Safety Answering Points (PSAP) Educational Grant Program. Action No. 062524-6.e Item G.5 5. The petition of Brad Prescott to obtain a special use permit to develop on a lot without public road frontage and to obtain a special use permit for custom manufacturing in a C-2, High Intensity Commercial District, on approximately 1.44 acres of land located in the 2900 block of Peters Creek Road, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Action No. 062524-6.f Item G.6 6. The petition of Jonathan Kenneth Burns-Carrera to obtain a special use permit to operate a short-term rental on approximately 1.42 acres of land zoned R-1, Low Intensity Residential District, located at 5909 Old Mountain Road, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Page 5 of 9 u0Uu85 Action No. 062524-6.g Item G.7 7. The petition of Trail Development Group, LLC to rezone approximately 9.67 acres from I-1, Low Intensity Industrial District, to C-2, High Intensity Commercial District, located near 3475 and 3801 Challenger Avenue, Vinton Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Action No. 062524-6.h Item G.8 8. Resolution approving the second amendment to the county administrator's employment agreement. Action No. 062524-6.i Item G.9 9. Resolution approving the second amendment to the county attorney's employment agreement. Action No. 062524-6.j Item G.10 10.Ordinance approving the payment of a bonus to the county administrator and the county attorney. (First Reading and Request for Second Reading) Action No. 062524-6.k Item G.11 11.Accept and allocate a Stormwater Local Assistance Fund (SLAF) grant in the amount of $607,212 from the Virginia Department of Environmental Quality (DEQ). Supervisor Shepherd moved to adopt all matters on the consent agenda. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None H. CITIZENS' COMMENTS AND COMMUNICATIONS - None I. REPORTS Action No. 062524-7 Item 1.1-6 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of May 31, 2024 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of May 31, 2024 5. Accounts Paid — May 2024 Page 6 of 9 oviogs 6. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of May 31, 2024 Supervisor Mahoney moved to receive and file the reports that have been included with the agenda under Item I. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None J. WORK SESSION 1. Work session with staff to update the Board of Supervisors regarding a new County policy development process. (Madeline Hanlon, Assistant to the County Administrator and Elijah Daly, Director of Human Resources) K. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 062524-8 1. Section 2.2-3711 (A)(3) of the Code of Virginia, to discuss or consider the acquisition or disposition of real property in the Cave Spring Magisterial District for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 2. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Specifically, the Board will discuss potential business location or expansion in the Cave Spring, and Catawba Magisterial Districts. Supervisor North moved to go to closed session. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None NOTE: Supervisor Hooker was not scheduled to be in attendance during the work session or closed meeting and departed the meeting at 4:00 p.m., returned for the 7:00 p.m. evening session. EVENING SESSION —7:00 PM NOTE: Supervisor Hooker rejoined the evening session via remote participation. Page 7 of 9 OOOOS7 L. CERTIFICATION RESOLUTION Action No. 062524-9 In the closed session just concluded, nothing was discussed except the matter which was identified in .the motion to convene in closed session. Only those matters lawfully permitted to be discussed under the Virginia Freedom of Information Act were discussed. Supervisor Mahoney moved to adopt the certification resolution. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Mahoney, Shepherd, North Nays: None Abstain: Supervisor Hooker (Not in attendance during closed session) M. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES Action No. 062524-10 Item M.1 1. The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre of land zoned R-1, Low Density Residential District, located at 2726 White Pelican Lane, Cave Spring Magisterial District. (Philip Thompson, Director of Planning) Four (4) citizens were in attendance and spoke against the petition. Supervisor Mahoney found that the proposed special use permit request: 1. Is inconsistent with the purpose and intent of the County's adopted comprehensive plan, 2. Is inconsistent with good zoning practice, and/or 3. Will result in substantial detriment to the community. Therefore, moved the Board to deny the request, and also requested that a transcript of this matter be attached to the_denial ordinance as an exhibit. Supervisor Radford seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 8 of 9 UULJU 2. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. (Philip Thompson, Director of Planning) THIS MATTER HAS BEEN POSTPONED UNTIL FURTHER NOTICE 3. The petition of Roanoke Valley Holdings LLC to remove a proffered condition on approximately 50.8 acres of land zoned R-1 C, Low Density Residential District with conditions, in order to develop a residential subdivision, located near the 6200 block of Crumpacker Drive, Hollins Magisterial District. (Philip Thompson, Director of Planning) THIS MATTER HAS BEEN POSTPONED UNTIL FURTHER NOTICE 4. The petition of Robert and Jerri Jackson to obtain a special use permit to operate a short-term rental on approximately 0.5768 acre of land zoned R-1, Low Density Residential District, located at 1727 Mountain Heights Drive, Catawba Magisterial District. (Philip Thompson, Director of Planning) THIS MATTER HAS BEEN POSTPONED UNTIL FURTHER NOTICE N. CITIZEN COMMENTS AND COMMUNICATIONS - None O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Tammy E. Shepherd 2. Martha B. Hooker 3. Paul M. Mahoney 4. David F. Radford 5. Phil C. North Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. P. ADJOURNMENT Action No. 062524-11 Supervisor Radford moved to adjourn the meeting. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North, Nays: None ubmitted b ,'. Approv d by• R' . • L. Caywood P C. N h erk to the Board of Supervisors Chairman Page 9 of 9