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HomeMy WebLinkAbout7/23/2024 - Adopted Board Records ACTION NO. 072324-1 ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: RESOLUTION ADOPTING LEGISLATIVE PRIORITIES FOR THE 2025 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE PRIORITIES ADDRESSED HEREIN SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Adoption of a resolution setting forth the Board's legislative priorities for the 2025 session of the Virginia General Assembly. BACKGROUND AND DISCUSSION: Each year the Board of Supervisors adopts a resolution setting forth legislative priorities for the upcoming session of the General Assembly, to provide direction to County staff, its legislative liaisons and members of the local delegation. Several priorities are set forth in the accompanying resolution. FISCAL IMPACT: No fiscal impact exists in adopting a resolution setting forth legislative priorities. STAFF RECOMMENDATION: Staff recommends adopting the resolution. • Page 1 of 2 VOTE: Supervisor Hooker moved to adopt the resolution. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 23, 2024 RESOLUTION 072324-1 ADOPTING LEGISLATIVE PRIORITIES FOR THE 2025 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE PRIORITIES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified legislative priorities of local and statewide concern to be considered during the 2025 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution setting forth its legislative priorities, and respectfully petitions the General Assembly to favorably consider such. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following five priorities are submitted for the General Assembly's consideration during its 2025 session: 1. Education K-12 Funding a. The County supports making additional state resources and grant funding available to localities to support school capital needs, including rehabilitation and upgrades to existing facilities as well as construction of new facilities. b. The County urges the General Assembly to simplify the eligibility requirements of the existing School Construction Assistance Program by basing grant eligibility on the school divisions' local composite index value, the locality's level of fiscal stress, and site readiness, creating a level field for consideration. c. The County urges the General Assembly to provide economic development workforce grants that could be used to fund career and technical education capital projects and equipment. Page 1 of 3 2. Mental Health and Public Hospital Needs a. The County urges the General Assembly to use available funds to continue the operation and expansion of Catawba Hospital. 3. Airport Expansion a. The County urges the General Assembly to provide funding for the Roanoke-Blacksburg Regional Airport to support a needed runway extension and other airport improvements. 4. Broadband Expansion a. The County urges the General Assembly to use available state and federal funding to improve access to and affordability of broadband, to promote the goal of statewide coverage. 5. Children's Services Act a. The County supports enhancing the ability of local school divisions to serve children with disabilities, to include flexibility in use of state pool funds to serve children with high-level needs in local or regional programs tailored to meet those needs at a local option. b. The County supports exploration of enhancements to the Students with Intensive Support Needs Application (SISNA) or a similar funding mechanism within the Department of Education to enable more children to be supported within the public-school environment. c. The County supports continued investment of state resources to assist in the local administration of CSA programs. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Mahoney and carried by the following roll call and recorded vote: Page 2 of 3 AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Oe2-ZG-Z.92- t Ri rd L aywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Page 3 of 3 ACTION NO. 072324-2 ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: RESOLUTION APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE ROANOKE COUNTY SCHOOL BOARD REGARDING JOINT CAPITAL FUNDING SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of a resolution approving an amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board regarding joint capital funding. BACKGROUND & DISCUSSION: The Board of Supervisors and the Roanoke County School Board (the "School Board") entered into a Memorandum of Understanding ("MOU") in April 2023 with regard to the financing of county and school capital projects. The MOU specifically addressed the funding of the construction of a new career and technical education (CTE) center, as well as the renovation of W.E. Cundiff and Glen Cove Elementary Schools. The School Board has asked that the amount of funds allocated to the CTE project be decreased by $4,117,256, and that the amount of funds allocated to the renovation of the elementary schools be increased by $4,117,256. An amended MOU has been prepared with the requested changes in funding and it is proposed that the Board again approve the amended MOU by resolution. Page 1 of 2 FISCAL IMPACT: There is no new fiscal impact associated with the changes to the MOU. STAFF RECOMMENDATION: Staff recommends approval of the resolution approving an amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board. VOTE: Supervisor Shepherd moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS 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, JULY 23, 2024 RESOLUTION 072324-2 APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE ROANOKE COUNTY SCHOOL BOARD REGARDING JOINT CAPITAL FUNDING WHEREAS, the Board of Supervisors and the Roanoke County School Board (the "School Board") entered into a Memorandum of Understanding ("MOU") in April 2023 with regard to the financing of county and school capital projects; and WHEREAS, the MOU specifically addressed the funding of the construction of a new career and technical education (CTE) center, as well as the renovation of W.E. Cundiff and Glen Cove Elementary Schools; and WHEREAS, the School Board has asked that the amount of funds allocated to the CTE project be decreased by $4,117,256, and that the amount of funds allocated to the renovation of the elementary schools be increased by the same amount; and WHEREAS, an amended MOU has been prepared with the requested changes in funding and it is proposed that the Board again approve the amended MOU by resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The Amended Memorandum of Understanding attached to this resolution as Attachment A is hereby approved, and 2. The Chairman and County Administrator are authorized to execute the Memorandum on behalf of the Board. On motion of Supervisor Shepherd to approve the resolution; seconded by Page 1 of 2 Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: 0 7 - Zol L/ ichard . Caywood, P.E. Co y Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS Page 2 of 2 ACTION NO. 072324-3 ITEM NO. C.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: RESOLUTION APPROVING A COMPREHENSIVE AGREEMENT BETWEEN THE ROANOKE COUNTY SCHOOL BOARD AND BRANCH BUILDS, INC. REGARDING CONSTRUCTION SERVICES FOR THE NEW CAREER AND TECHNICAL EDUCATION CENTER AND RENOVATIONS/ ADDITIONS TO GLEN COVE ELEMENTARY SCHOOL AND W.E. CUNDIFF ELEMENTARY SCHOOL SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution approving a comprehensive agreement between the Roanoke County School Board and Branch Builds, Inc. regarding construction services for the new career and technical education center and renovations/ additions to Glen Cove Elementary School and W.E. Cundiff Elementary Schools BACKGROUND AND DISCUSSION: On April 11, 2023, the Board of Supervisors adopted a resolution approving a memorandum of understanding ("MOU") between the Board of Supervisors and the Roanoke County School Board regarding the funding of three capital projects: the funding of a new Career and Technical Education (CTE) facility, and renovations to Glen Cove and W.E. Cundiff Elementary Schools. The MOU set forth the expectations of the parties that the Board of Supervisors would provide a maximum of$130 million to help fund the three projects. Page 1 of 3 On this day, by separate resolution, the Board approved a resolution to amend the MOU to decrease the funding to the CTE facility by $4,117,256, and to increase funding to the elementary school renovation projects by the same amount. Sections 56-575.3:1(C)(2) and 56-575.16(5) of the Code of Virginia state that before a school board can enter into an interim or comprehensive agreement under the provisions of The Public-Private Education Facilities and Infrastructure Act of 2002 (the "Act"), the agreement(s) must be reviewed and approved by the local governing body that appropriates funds to the school board. On February 13, 2024, the Board authorized the School Board to enter into an interim agreement with Branch Builds, Inc., ("Branch") for pre-construction and tree-clearing services, which interim agreement was subsequently executed and performed by the parties. The School Board now seeks the Board's approval to enter into a comprehensive agreement with Branch for construction services for the new career and technical education center and renovations/ additions to Glen Cove and W.E. Cundiff elementary schools. FISCAL IMPACT: The fiscal impact of this agreement is set forth in the Amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board Regarding Joint Capital Funding, which amended MOU is proposed to be approved by separate resolution on this day. STAFF RECOMMENDATION: Staff recommends that Board approval of the comprehensive agreement become effective upon execution of the Amended MOU regarding joint capital funding. VOTE: Supervisor Radford moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. Page 2 of 3 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 RESOLUTION 072324-3 APPROVING A COMPREHENSIVE AGREEMENT BETWEEN THE ROANOKE COUNTY SCHOOL BOARD AND BRANCH BUILDS, INC. REGARDING CONSTRUCTION SERVICES FOR THE NEW CAREER AND TECHNICAL EDUCATION CENTER AND RENOVATIONS/ ADDITIONS TO GLEN COVE ELEMENTARY SCHOOL AND W.E. CUNDIFF ELEMENTARY SCHOOL WHEREAS, on April 11, 2023, the Board of Supervisors adopted a resolution approving a memorandum of understanding ("MOU") between the Board of Supervisors and the Roanoke County School Board regarding the funding of three capital projects: the funding of a new Career and Technical Education (CTE) facility, and renovations to Glen Cove and W.E. Cundiff Elementary Schools; and WHEREAS, the MOU set forth the expectations of the parties that the Board of Supervisors would provide a maximum of $130 million to help fund the three projects; and WHEREAS, on this day, by separate resolution, the Board approved a resolution to amend the MOU to decrease the funding to the CTE facility by $4,117,256, and to increase funding to the elementary school renovation projects by the same amount; and WHEREAS, Sections 56-575.3:1(C)(2) and 56-575.16(5) of the Code of Virginia state that before a school board can enter into an interim or comprehensive agreement under the provisions of The Public-Private Education Facilities and Infrastructure Act of 2002. (the "Act"), the agreement(s) must be reviewed and approved by the local governing body that appropriates funds to the school board; and WHEREAS, on February 13, 2024, the Board authorized the School Board to enter into an interim agreement with Branch Builds, Inc., ("Branch") for pre-construction • Page 1 of 3 and tree-clearing services, which interim agreement was subsequently executed and performed by the parties; and WHEREAS, the School Board now seeks the Board's approval to enter into a comprehensive agreement with Branch for construction services for the new career and technical education center and renovations/ additions to Glen Cove and W.E. Cundiff elementary schools. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, as follows: 1. The Board approves. the proposed comprehensive agreement between Roanoke County Public Schools and Branch Builds, Inc. in the form presented to the Board of Supervisors on July 23, 2024. 2. The Board's approval of the comprehensive agreement is conditioned upon the execution by the Board and School Board of the Amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board regarding Joint Capital Funding (the "Amended MOU"), which was authorized by separate resolution on this day. 3. This resolution shall take effect immediately upon execution of the Amended MOU. On motion of Supervisor Radford to approve the resolution; seconded by Supervisor Hooker and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None Page 2 of 3 • A COPY TESTE: Richard L. Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Laurie Gearheart, Director of Finance and Management Services Susan Peterson, Director of Finance, RCPS Page3of3 ACTION NO. 072324-4 ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Ordinance authorizing the Treasurer of the County of Roanoke to contract for the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the reasonable attorney's or collection agency's fees actually contracted for SUBMITTED BY: Kevin Hutchins Treasurer APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Roanoke County Treasurer has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts. In order to do so, the Board must approve of such, and the Board must also authorize the imposition of a fee (to be paid by a delinquent taxpayer) to cover the reasonable attorney's and collection agency's fees. BACKGROUND: Virginia Code § 58.1-3934 allows Virginia governing bodies to appoint or hire, with the approval of the treasurer and upon such terms as may be agreed upon, one or more attorneys to collect any local taxes or other charges which may have been delinquent for six months or more. Virginia Code § 58.1-3958 provides that the governing body of any county may impose, upon each person chargeable with delinquent taxes or other delinquent charges, fees to cover the reasonable attorney's or collection agency's fees actually contracted for. Such attorney's or collection agency fees shall not exceed twenty (20) percent of the taxes or other charges so collected. Such costs are in addition to all penalties and interest incurred on a delinquent tax account. Page 1 of 2 DISCUSSION: The Roanoke County Attorney's Office handles collections of many kinds of unpaid accounts for Roanoke County (including collection of unpaid personal property taxes, unpaid business license taxes, etc.). The Treasurer of the County of Roanoke has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts. The Virginia Code allows for such, and allows for the payment of attorney's or collection agency fees not to exceed twenty (20) percent of the taxes or other charges so collected. This proposal recognizes that the costs of collection of delinquent accounts should be borne by those who have failed to meet their obligations, and not borne by the general Roanoke County citizenry. FISCAL IMPACT: The fees imposed for informal collection efforts are chargeable against the delinquent taxpayer, so there is no fiscal impact to Roanoke County. In the event litigation is pursued by an outside entity for the collection of certain delinquent accounts, there may be costs associated in the litigation process to Roanoke County. STAFF RECOMMENDATION: Staff recommends the Board approve the first reading of the ordinance and to schedule this matter for a second reading on August 20, 2024. VOTE: Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for August 20, 2024. Supervisor North seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 072324-5 ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2023-2024 budget in accordance with Code of Virginia Section 15.2-2507. SUBMITTED BY: Steve Elliott Budget Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Public hearing for budget amendment BACKGROUND: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2023-2024 budget by adjusting the aggregate amount to be appropriated during the fiscal year by $6,000,000 and appropriating $1,500,000 to the County's Capital Fund and $4,500,000 to the General Government Fund DISCUSSION: Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds one (1) percent of the total expenditures shown in the adopted budget, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on July 16, 2024. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriation will occur later on in this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriation will be approved. Page 2 of 2 ACTION NO. 072324-6 ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Ordinance amending the fiscal year 2023-2024 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $1,500,000 to the County's Capital Fund and $4,500,000 to the General Government Fund SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Second reading of an ordinance to amend the current year operating budget by $6,000,000 BACKGROUND: During the development of the FY 2024-2025 budget development, discussions were held on using current year excess revenues from FY 2023-2024 to fund the General Government Unappropriated Balance, the Expenditure Contingency and the transfer to capital reserves for the upcoming fiscal year. DISCUSSION: County staff have had discussions with the Board of Supervisors throughout the fiscal year on the FY 2023-2024 budget. Currently, revenues are trending above budget overall but particularly in Real Estate Tax, Personal Property Tax, Current Public Service Corporation Tax, Business License Tax, Bank Franchise Tax, and in the Use of Money/Property. The proposed budget amendment is outlined in attachment A. Page 1 of 2 FISCAL IMPACT: The amendment will increase the General Government revenues budget by $6,000,000 and increase the General Government expenditures by $775,000 for tax relief for the elderly, handicapped and disabled veterans, $300,000 for contracted repairs, $365,000 for fuel, $347,029 for utilities, $40,500 for costs for volunteer stations due to EMS drug federal regulatory changes and $1,500,000 will be transferred to the capital fund for Capital Reserves. Also as part of this amendment $2,022,180 will be used to increase the general fund unappropriated balance and $650,291 will be used for the general government expenditure contingency to meet the requirements outlined in our Comprehensive Financial Policy. Additionally, surplus revenues were assumed in the FY2025 revenue estimates and approved budget. There have been no changes since the first reading of the ordinance held on July 9, 2024. STAFF RECOMMENDATION: Staff recommends approval of the ordinance to amend the fiscal year 2023-2024 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $1,500,000 to the Capital Fund and $4,500,000 to the General Government Fund. VOTE: Supervisor North 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: Laurie Gearheart, Director of Finance and Management Services Page 2 of 2 Attachment A - FY 2024 Proposed Budget Amendment Revenue Category FY 2024 Proposed Budget Amendment Real Estate Tax $ 2,175,000 Personal Property Tax 500,000 Current Public Service Corporation 990,000 Bank Franchise Tax 175,000 Business License Tax 900,000 Hotel/Motel Tax 235,0001 Commonwealth—HB 599 100,000 Use of Money/Property 925,0001 Total General Government Revenue to be Amended _ $ 6,000,000 Expenditure Category FY 2024 Proposed Budget Amendment General Fund Unappropriated Balance $ 2,022,180 General Government Expenditure Contingency 650,291 Capital Reserves 1,500,000 Tax Relief for the Disabled and Elderly 775,000 Fuel 365,000 Utilities 347,029 Contracted Repairs 300,000 Costs for Volunteer Stations due to EMS drug federal regulatory changes 40,500 Total General Government Expenditure to be Amended $ 6,000,000 1 ROANOKE #1110 COUNTY vim,'NIA it Sr.L 18JS AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 ORDINANCE 072324-6 AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR THE GENERAL OPERATING REVENUES AND EXPENDITURES BY $6,000,000 AND APPROPRIATING $1,500,000 TO THE COUNTY'S CAPITAL FUND AND $4,500,000 TO THE GENERAL GOVERNMENT FUND WHEREAS, the County Administrator proposed the fiscal year 2024 operating budget on March 28, 2023; and WHEREAS, the fiscal year 2024 operating budget was adopted by the Board, by Resolution 052323-2, on May 23, 2023; and WHEREAS, County staff, have monitored and projected general government revenues; current revenues are trending above the adopted budget, and a surplus is anticipated; and WHEREAS, it is proposed that the County's 2023-2024 budget be amended and increased by $6,000,000; and WHEREAS, $775,000 will be appropriated for tax relief for the elderly and handicapped and disabled veterans, $300,000 will be appropriated for contracted repairs, $365,000 for fuel, $347,029 for utilities, $40,500 for costs for volunteer stations due to EMS drug federal regulatory changes, $2,022,180 for the general fund unappropriated balance, $650,291 for the general government expenditure contingency and $1,500,000 will be appropriated to the County's Capital Fund; and WHEREAS, the first reading of this ordinance was held on July 9, 2024, and the second reading was held on July 23, 2024. Page 1 of 3 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County's 2023-2024 Budget for general operating revenues and expenditures is amended and increased by the amount of$6,000,000. 2. The amount of $775,000 is appropriated for tax relief for the elderly and handicapped and disabled veterans. 3. The amount of$300,000 is appropriated for contracted repairs. 4. The amount of$365,000 is appropriated for fuel. 5. The amount of$347,029 is appropriated for utilities. 6. The amount of $40,500 is appropriated for costs for volunteer stations due to EMS drug federal regulatory changes. 7. The amount of$2,022,180 is appropriated for the general fund unappropriated balance. 8. The amount of $650,291 is appropriated for the general government expenditure contingency. 9. The amount of$1,500,000 is appropriated to the County's Capital Fund. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Mahoney and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: ® 9- ,Zo"- Z vz 4/ ar . aywood, P.E. County Administrator/ Clerk to the Board of Supervisors Page 2 of 3 CC: Laurie Gearheart, Director of Finance and Management Services Page 3 of 3 ACTION NO. 072324-7 ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Confirmation of appointments to the Building Code Board of Adjustments and Appeals/Fire Code Board of Appeals SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointments. BACKGROUND: Richard E. Evans four-year term expired April 13, 2024, and did not wish to be reappointed. Peter R. Fields four-year term expired January 24, 2024; and wishes to be reappointed. David R. Jones, Jr., four-year term expired April 27, 2024; and wishes to be reappointed. DISCUSSION: Staff has recommended the following appointments: -_J1 David R. Jones, Jr. be'reappointed for a four-year term to expire July 23, 2028 Peter R. Fields be reappointed for a four-year term to expire July 23, 2028 William B. Fowler, who currently serves as an alternate, be appointed to replace Mr. Evans full appointment for the remainder of his current term set to expire June 28, 2026 Page 1 of 1 It is the consensus of the board to approve the above recommendations. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends the approval of all appointments. VOTE: Supervisor Shepherd moved to approve all appointments. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® n ❑ Mr. North ® n ❑ CC: Morgan Yates, Building Commissioner W. Michael Galliher, Clerk, Circuit Court 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, JULY 23, 2024 RESOLUTION 072324-8.a-d APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - 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 July 23,2024, designated as Item H - 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—July 9, 2024 2. Resolution to increase compensation for Economic Development Authority and Board of Zoning Appeals. 3. The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 4. Ordinance to accept and appropriate grant funds in the amount of$186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (First Reading and Request for Second reading) On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Shepherd and carried by the following recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None Page 1 of 2 A COPY TESTE: 07 -2d.-202.41 ich L aywood, P.E. my Administrator/ Clerk to the Board of Supervisors CC: Megan Baker, Director of Economic Development Page 2 of 2 ACTION NO. 072324-8.b ITEM NO. H.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Resolution to increase compensation for Economic Development Authority and Board of Zoning Appeals SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Increase the compensation for Economic Development Authority and Board of Zoning Appeals members BACKGROUND: Section 15.2-4904 of the Code of Virginia states, with regards to compensation for IDA/ EDA directors, "The directors shall receive no salary but may be compensated such amount per regular, special, or committee meeting or per each official representation as may be approved by the appointing authority, not to exceed $200 per meeting or official representation, and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their duties." The Board of Supervisors acted in 1979 to set the County's IDA compensation at $50 per meeting. Section 15.2-2308(D) of the Code of Virginia states that members of localities' boards of zoning appeals may "receive such compensation as may be authorized by the ... local governing bodies." DISCUSSION: Page 1 of 3 The Economic Development Authority (EDA) members currently receive $50 per meeting attended. Generally, the EDA meets monthly. The EDA is a ten member board with representation from all magisterial districts. The Board of Zoning Appeals (BZA) members currently receive $150 per meeting attended. The BZA is a 5 member board with board appointments for each magisterial district. While the BZA could have a meeting every other month, they only meet when they have an application (variance or administrative appeal). On average they meet 3-5 times per year. It is proposed that compensation for the members of the EDA and BZA receive $200 per meeting attended. This change would bring better alignment for the compensation of the boards and commissions compensation. FISCAL IMPACT: The estimated fiscal impact for increasing the compensation for the EDA is $18,000 and $1,500 for BZA. The EDA amount of$18,000 will be paid out of the EDA Fund with any overage being absorbed by the fiscal year 2024-2025 Economic Development operating budget within the general fund. The BZA amount of$1,500 will be paid out of Board of Zoning Appeals and the Planning operating budgets within the general fund. STAFF RECOMMENDATION: Staff recommends approval of increasing the pay per meeting attended for the members of the EDA and BZA effective with meetings after July 23, 2024. VOTE: Supervisor Hooker moved to approve the resolution. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney Z ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 3 CC: Megan Baker, Director of Economic Development Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 RESOLUTION 072324-8.b TO INCREASE COMPENSATON FOR THE ECONOMIC DEVELOPMENT AUTHORITY AND BOARD OF ZONING APPEALS WHEREAS, Section 15.2-4904 of the Code of Virginia states, with regards to compensation for directors of a locality's economic development authority, "The directors shall receive no salary but may be compensated such amount per regular, special, or committee meeting or per each official representation as may be approved by the appointing authority, not to exceed $200 per meeting ...."; and WHEREAS, the Board of Supervisors acted in 1979 to set the compensation for directors of the County's Industrial Development Authority (which has since been renamed the Economic Development Authority ("EDA")) at $50 per meeting; and WHEREAS, such compensation has not been increased since 1979; and WHEREAS, the County's EDA is a ten-member board with representation from all magisterial districts; and WHEREAS, Section 15.2-2308(D) of the Code of Virginia states that the members of localities' boards of zoning appeals may "receive such compensation as may be authorized by the ... local governing bodies"; and WHEREAS, the County's Board of Zoning Appeals ("BZA") members currently receive $150 per meeting attended; the BZA is a 5-member board with board appointments from each magisterial district; and WHEREAS, it is proposed that the appointees to the EDA and BZA be increased to compensate appointees $200 per meeting attended. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. Appointees to the Roanoke County Economic Development Authority and Board of Zoning Appeals shall receive $200 for each meeting attended. 2. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Shepherd and carried by the following recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: 2 oL6/ ichard L. Caywood, P.E. County Administrator / Clerk to the Board of Supervisors CC: Megan Baker, Director of Economic Development Page 2 of 2 ACTION NO. 072324-8.c ITEM NO. H.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins 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 August 20, 2024. The title of this ordinance is as follows: The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins 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: 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 August 20, 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 August 20, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ , Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 072324-8.d ITEM NO. H.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County SUBMITTED BY: Madeline Hanlon Assistant to County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance to accept and appropriate $186,275 from the Virginia Opioid Abatement Authority to abate and remediate the opioid epidemic in Roanoke County along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. BACKGROUND: The Opioid Abatement Authority (OAA) is an independent body, the purpose of which is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund, in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. On March 26, 2024, a work session presentation to discuss Roanoke County's participation in the Spring 2024 Opioid Abatement Grant application window was held. At the consensus of the Board several individual and cooperative grant applications were submitted. Page 1 of 3 DISCUSSION: The Virginia Opioid Abatement Authority has awarded Roanoke County grant funds to assist in the abatement and remediation of the opioid epidemic to the following programs in the following amounts for the fiscal year 2025. Individual Grants: Partnership for Community Wellness- $146,275 with a County "match" from existing funds directly received from Opioid Abatement settlements of$16,500 for a total project of$162,775 for fiscal year 2025. Family Service of Roanoke Valley- $40,000 with a County "match" from existing funds directly received from Opioid Abatement settlements of $4,000 for a total project of $44,000 for fiscal year 2025. Additionally, the County in cooperation with the City of Roanoke was successfully awarded the following cooperative grants. The City of Roanoke is the fiscal agent for these projects. Cooperative Grants: Roanoke Valley Collective Response- $349,741 carryforward funds from fiscal year 2024. No additional County match. Restoration Housing- $225,472 with a County "match" from existing funds directly received from Opioid Abatement settlements of $27,500 and a City match of $27,500. The City of Roanoke is administering this grant. FISCAL IMPACT: The total amount of the grants awarded to the County of Roanoke is $206,775 which includes a local match of $20,500. The local match will be moved from the Opioid Abatement Settlement Fund and moved to the Grant Fund. In addition, $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke. No additional appropriation of County funds is required. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for August 20, 2024. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for August 20, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 RESOLUTION 072324-11 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 Hooker and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: 2_ Zozig-/ is rd L. Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors ACTION NO. 072324-12 ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: The petition of Roanoke Valley Holdings LLC to remove a proffered condition on approximately 50.8 acres of land zoned R-1C, Low Density Residential District with conditions, in order to develop a residential subdivision, located near the 6200 block of Crumpacker Drive, Hollins Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance to remove a proffered condition in a residential district. BACKGROUND: The subject parcel was rezoned in June of 2005 from AG-3, Agricultural/Rural Preserve District to R-1 C, Low Density Residential District with conditions for the construction of single-family dwellings. This conditional rezoning limited the subdivision to no more than sixty-five (65) lots and required general conformance to the concept plan. At the time of the 2005 rezoning, the fifty (50) acre tract was a portion of a larger 237-acre tract. Since then, the larger tract was subdivided, and the majority was dedicated to the Read Mountain Preserve. The fifty-acre property was never developed and remains vacant. The applicant, Roanoke Valley Holdings, LLC, purchased the property in October 2023. DISCUSSION: The Planning Commission held a public hearing on this application on July 2, 2024. Fourteen (14) citizens spoke during the public hearing in opposition to this petition. Many of the citizens explained that they purchased their homes with the understanding Page 1 of 3 of the future development of sixty-five (65) 1 homes on the subject parcel. They said that the homes were proposed to be larger lots with large homes in the same development pattern as the existing ones in the Samuel's Gate neighborhood. Their point of contention with this rezoning in relation to the new design was that the proposed lot sizes and home designs would not be consistent with the existing neighborhood and would feel too crowded compared to the existing lots. Some citizens added that the current townhomes and apartments being built at the end of Crumpacker Drive are already changing the character of the neighborhood. Multiple concerns were raised about the increase of traffic and the impact of that on the safety and walkability of the neighborhood. Citizens were worried about protecting the Read Mountain Preserve including the viewsheds, trails, and wildlife. The neighbors also had concerns about stormwater run-off, drainage, water and sewer system demands, grading, and damage to the current quality of life in the neighborhood. The Planning Commission discussed the previous plan layout versus the proposed plan layout, proposed home elevations, topography, by-right R-1 development standards, housing shortage in the Roanoke Valley, detention ponds, stormwater management, roads, road capacity, traffic, existing water tank, home sizes, possible road connection to Greggin Drive, proffering the concept plan showing 86 lots on the property, surrounding zoning and land uses, and the future land use designation. The Planning Commission recommends approval of the project with the following amended proffered condition: 1. submitted "Concept Plan Showing Future Scctions of the Orchards," dated March 23, 2005, prepared by Lumsden Associates, P.C. The property shall be developed in general conformance with the concept plan showing 86 lots entitled "Crumpacker Property Roanoke, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated April 2, 2024, subject to any changes required during the comprehensive site plan review process. 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 to amend a proffered condition on approximately 50.8 acres of land zoned R- 1 C, Low Density Residential District as follows: 1. Page 2 of 3 o i bmift ` nceppt Plan Shoni a S'ecctions of the Oren 5 " dato March 23, 2005, preparedy-Lurnsden Associates, P.C. The property shall be developed in general conformance with the concept plan showing 86 lots entitled "Crumpacker Property Roanoke, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated April 2, 2024, subject to any changes required during the comprehensive site plan review process. VOTE: Supervisor North found that the proposed rezoning request from R1 C with 65 homes to R1 C with 86 homes is: 1. Is inconsistent with good zoning practice, and 2. Will result in substantial detriment to the community Therefore, moved that the Board deny the rezoning request as it has been requested. Supervisor Shepherd seconded the motion. Motion Approved. Yes No Absent Mr. Radford ❑ ® ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney IZI ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Philip Thompson, Director of Planning Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 ORDINANCE 072324-12 DENYING THE PETITION TO REMOVE A PROFFERED CONDITION ON APPROXIMATELY 50.8 ACRES OF LAND ZONED R-1C (LOW DENSITY RESIDENTIAL) DISTRICT WITH CONDITIONS, LOCATED NEAR THE 6200 BLOCK OF CRUMPACKER DRIVE, HOLLINS MAGISTERIAL DISTRICT (ROANOKE COUNTY TAX MAP NUMBER: 039.00-01-01.02-0000) WHEREAS, Roanoke Valley Holdings, LLC filed a petition to remove a proffered condition on approximately 50.8 acres of land located near the 6200 block of Crumpacker Drive in the Hollins Magisterial District (Roanoke County Tax Map Number 039.00-01- 01.02-0000); and WHEREAS, the said property contains one (1) condition imposed upon the parcel by Ordinance #062805-9 adopted by the Board of Supervisors on June 28, 2005: "Total lot subdivision will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of the Orchards," dated March .23, 2005, prepared by Lumsden Associates, P.C."; and WHEREAS, Roanoke Valley Holdings, LLC originally petitioned the Board of Supervisors to remove the aforesaid condition imposed upon the parcel by Ordinance #062805-9 adopted by the Board of Supervisors on June 28, 2005; and WHEREAS, the first reading of this ordinance was held on May 28, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 2, 2024; and WHEREAS, during the Roanoke County Planning Commission's public hearing on this matter on July 2, 2024, the petitioner, Roanoke Valley Holdings, LLC, verbally agreed to impose a new voluntary condition upon the parcel; and Page 1 of 2 WHEREAS, following the Roanoke County Planning Commission's public hearing on this matter on July 2, 2024, the petitioner, Roanoke Valley Holdings, LLC, agreed in writing to impose the following new voluntary condition upon the parcel: "The property shall be developed in general conformance with the concept plan showing 86 lots entitled "Crumpacker Property Roanoke, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated April 2, 2024, subject to any changes required during the comprehensive site plan review process."; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to remove the condition imposed upon the parcel by Ordinance #062805-9 adopted by the Board of Supervisors on June 28, 2005, and to impose the new condition voluntarily proffered by the petitioner; and WHEREAS, the second reading and public hearing were held on July 23, 2024. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed rezoning request is inconsistent with good zoning practice and will result in substantial detriment to the community. 2. Accordingly, the Board denies the rezoning request as it has been requested. 3. This ordinance shall be effective immediately. On motion of Supervisor North to deny the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, Mahoney, Shepherd, North NAYS: Supervisor Radford Page 2 of 3 A COPY TESTE: • aywood, P.E. sunty Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Philip Thompson, Director of Planning Page 3 of 3 ACTION NO. 072324-13 ITEM NO. M.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: 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 SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance to rezone 9.67 acres of property from industrial to commercial. BACKGROUND: The subject parcel was rezoned with other surrounding property in March of 1987 from RE, "Residential Estate District," to B-2 General Commercial District, B-3 Special Commercial District, and M-1 Light Industrial District with conditions for the purpose of developing a retail-office-fuel storage complex, commercial road frontage, and a light industrial park. In October of 1994, this nine-acre tract (approximately) was rezoned to remove conditions, changing the zoning from I-1 C, "Conditional Industrial District" to I-1, "Industrial District." This property was never developed for industrial purposes and remains vacant. The proposed uses for this facility are restaurant, general; commercial outdoor sports and recreation; commercial indoor sports and recreation; and commercial indoor amusement. All of the proposed uses are commercial uses which are not permitted in the I-1, Low Intensity Industrial district, but are permitted by right in the C-2, High Intensity Commercial district. Page 1 of 3 DISCUSSION: The Planning Commission held a public hearing on this application on July 2, 2024. Four (4) citizens spoke during the public hearing on this petition: One was in support of the project, while the others had questions/concerns. Their concerns included: ensuring the buffer along the southern property line adjacent to the Evington at Bonsack development; traffic turning right out of the development onto Challenger Avenue and having to make a U-turn at West Ruritan Road as there are many accidents there; and potential noise from concerts at the venue. The Planning Commission discussed the current zoning, C-2 permitted uses, history of the parcel, similar facilities operated by the applicant in other areas of Virginia, applicant incorporating Route 460 Land Use and Connectivity Study recommendations into the design, overflow parking, proposed turn lane on Route 460, water and sewer, stormwater management, majority of business would take place on Friday, Saturday, and Sunday, no proffered conditions, potential proffered condition offered by applicant of site plan conformance, buffer adjacent to Evington at Bonsack not to be disturbed, Route 460 improvement projects, stage will project sound towards building and away from neighboring properties, surrounding zoning and land uses, and future land use designation. The Planning Commission recommended approval of the rezoning based on the applicant agreeing to work with the property owner and potentially proffering the following conditions: 1. The site shall be developed in substantial conformance with the concept plan prepared by Mattern & Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process. However, as of the submission of this Board Report (Thursday, July 18), Roanoke County staff have not received a valid proffer signed by the property owner. 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 to rezone approximately 9.67 acres from I-1, Low Intensity Industrial District, to C-2, High Intensity Commercial District, provided the property owner agrees to the following proffered condition: Page 2 of 3 1. The site shall be developed in substantial conformance with the concept plan prepared by Mattern & Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process. VOTE: Supervisor Shepherd found that the proposed rezoning request: 1. Is inconsistent with the future land use designation of "Principal Industrial" included in the County's adopted comprehensive plan, but is consistent with the "Core" future land use designation of adjoining property, and that the proposed commercial use is in line with adjacent properties currently zoned for commercial use, 2. Is good zoning practice, and 3. Will not result in substantial detriment to the community. Therefore, moved that the Board approve the rezoning request with the following one (1) proffer, at is has been requested: 1. At the time the site is developed, the site shall be developed in substantial conformance with the concept plan prepared by Mattern & Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process. Supervisor North seconded the motion. Motion Approved. Yes I No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd /1 ❑ ❑ Mr. North /1 ❑ ❑ CC: Philip Thompson, Director of Planning Trail Development Group, LLC Page3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 ORDINANCE 072324-13 REZONING APPROXIMATELY 9.67 ACRES FROM I-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT, LOCATED NEAR 3801 AND 3745 CHALLENGER AVENUE, VINTON MAGISTERIAL DISTRICT WHEREAS, Trail Development Group, LLC is requesting to rezone approximately 9.67 acres from I-1 (Low Intensity Industrial) District to C-2 (High Intensity Commercial) District in order to open a commercial establishment near 3801 and 3745 Challenger Avenue (Roanoke County Tax Map Number 050.01-01-02.02-0000); and WHEREAS, the property owner has agreed in writing to impose the following new voluntary condition upon the parcel: "At the time the site is developed, the site shall be developed in substantial conformance with the concept plan prepared by Mattern &Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process."; and WHEREAS, the first reading of this ordinance was held on June 25, 2024, and the second reading and public hearing were held on July 23, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 2, 2024; and WHEREAS, the Planning Commission recommends approval of the petition; 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 Board finds that the request as submitted by Trail Development Group, LLC is inconsistent with the future land use designation of "Principal Page 1 of 3 Industrial" included in the County's adopted comprehensive plan, but is consistent with the "Core" future land use designation of adjoining property, and that the proposed commercial use is in line with adjacent properties currently zoned for commercial use. 2. The Board further finds that the proposed rezoning request is good zoning practice and will not result in substantial detriment to the community. 3. Accordingly, the Board approves 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 on property located near 3801 and 3745 Challenger Avenue (Roanoke County Tax Map Number 050.01-01-02.02-0000), and the following new condition voluntarily proffered by the property owner is hereby imposed upon the property as follows: a. At the time the site is developed, the site shall be developed in substantial conformance with the concept plan prepared by Mattern & Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Shepherd to adopt the ordinance; seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None Page 2 of 3 A COPY TESTE: zer.Z z `/ Richar. . Caywood, ounty Administrator/ Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Trail Development Group, LLC Page 3 of 3 ACTION NO. 072324-14 ITEM NO. M.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: 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. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit to develop on a lot without public road frontage and for a special use permit for custom manufacturing. BACKGROUND: • The Roanoke County Zoning Ordinance defines custom manufacturing as "establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln." Custom manufacturing is a special use in the C-2 High Intensity Commercial District. • Sec. 30-23-5(B) of the Roanoke County Zoning Ordinance states: "any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 30-19 of this ordinance."Since the property has no public road frontage, a Page 1 of 3 special use permit is required for the proposed development. DISCUSSION: The Planning Commission held a public hearing on this application on July 2, 2024. No citizens spoke during the public hearing. The Planning Commission discussed the applicant's business and his need to expand, number of employees, access, property history, surrounding zoning and land uses, and the future land use designation. The Planning Commission recommends approval of the special use permit to develop on a lot without public road frontage and recommends approval of the special use permit for custom manufacturing with one condition: 1. The site shall be developed in general conformance with the concept plan dated May 10, 2024, subject to any changes required during the site plan review process. 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 develop on a lot without public road frontage and for a special use permit for custom manufacturing with one condition: 1. The site shall be developed in general conformance with the concept plan dated May 10, 2024, subject to any changes required during the site plan review process. VOTE: Supervisor Hooker found that the proposed special use permit: 1. Meet 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. Are 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 special use permits, with the following condition attached to each permit: Page 2 of 3 1. The site shall be developed in general conformance with the concept plan dated May 10, 2024, subject to any changes required during the comprehensive site plan review process. Supervisor Radford seconded the motion. Motion Approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Philip Thompson, Director of Planning Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 ORDINANCE 072324-14 GRANTING SPECIAL USE PERMITS TO BRAD PRESCOTT (1) TO DEVELOP ON A LOT WITHOUT PUBLIC ROAD FRONTAGE AND (2) 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 WHEREAS, Brad Prescott has filed a petition for two special use permits to (1) develop on a lot without public road frontage, and (2).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 (Roanoke County Tax Map Number 037.13-04-03.01- 0000); and WHEREAS, the first reading of this ordinance was held on June 25, 2024, and the second reading and public hearing were held on July 23, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 2, 2024; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain special use permits, with one (1) condition; 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 permits meet the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use permits conform 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 permits are 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 permits are hereby approved, with the following one (1) condition which shall attach to each special use permit: a. The site shall be developed in general conformance with the concept plan dated May 10, 2024, subject to any changes required during the comprehensive site plan review process. 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 Radford and carried by the following roll call and recorded vote: AYES: . Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Jv-2 -Z Zv Ri .rd L. Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Page 2 of 2 ACTION NO. 072324-15 ITEM NO. M.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 23, 2024 AGENDA ITEM: 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. SUBMITTED BY: Philip Thompson Director of Planning 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 July 2, 2024. No citizens spoke during the public hearing. The Planning Commission discussed the Page 1 of 4 property owner not living on the property of the short-term rental, the property owner is seeking approval of the use before operating, access, use of the basement, potential expansion of septic system to allow future long-term rental of the basement, current improvements under construction on the property, management of the short-term rental by a realtor and family, surrounding zoning and land uses, and future land use designation. 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 upper level of the existing residential dwelling (approximately 1,450 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. 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 1.42 acres on property zoned R-1, Low Density Residential District, with the following conditions: 1. The short-term rental shall be limited to the upper level of the existing residential dwelling (approximately 1,450 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 Page 2 of 4 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. VOTE: Supervisor North 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 upper level of the existing residential dwelling (approximately 1,450 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. Page 3 of 4 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Philip Thompson, Director of Planning Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2024 ORDINANCE 072324-15 GRANTING A SPECIAL USE PERMIT TO JONATHAN KENNETH BURNS-CARRARA TO OPERATE A SHORT- TERM RENTAL ON APPROXIMATELY 1.42 ACRES OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 5909 OLD MOUNTAIN ROAD, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Jonathan Kenneth Burns-Carrara has filed a petition for a special use permit to operate a short-term rental on approximately 1.42 acres of land zoned R-1 (Low Density Residential) District, located at 5909 Old Mountain Road (Roanoke County Tax Map Number 039.01-01-32.00-0000); and WHEREAS, the first reading of this ordinance was held on June 25, 2024, and the second reading and public hearing were held on July 23, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 2, 2024; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with seven (7) 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 3 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 seven (7) conditions: a. The short-term rental shall be limited to the upper level of the existing residential dwelling (approximately 1,450 square feet). b. The number of overnight guests shall not exceed six (6) people. c. 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. d. 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. e. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. f. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. g. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 2 of 3 On motion of Supervisor North to adopt the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: J 7- c-2 02 `l Ri . Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Page 3 of 3