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HomeMy WebLinkAbout7/28/2020 - Regular July 28, 2020 299 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of July 2020. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order an invocation was given by Pastor of. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Radford called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman David F. Radford; Supervisors Martha B. Hooker, Paul M. Mahoney, Phil C. North and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O'Donnell, County Administrator; Richard Caywood, Assistant County Administrator; Rebecca Owens, Assistant County Administrator; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution supporting SMART SCALE applications by Roanoke County, the Roanoke Valley Transportation Planning Organization, the Roanoke Valley-Alleghany Regional Commission and the City of Roanoke (Megan Cronise, Transportation Planning Administrator) Ms. Cronise provided a PowerPoint presentation. 300 July 28, 2020 Supervisor Radford thanked Ms. Cronise on the work done in a short amount of time. He commented he is glad she is onboard and can steer these projects. Supervisor Mahoney stated he is looking at how these various projects benefit our Woodhaven goals. When we look at Stage 4 for Valleypointe Parkway realignment and then if he goes back to Exit 581, Peters Creek Road interchange improvements, he would think that those two have to work together. Can Ms. Cronise educate him on timing? If one occurs, but the other occurs years later, will that have an adverse effect on potential development of Wood Haven if we ever get a prospect there. Ms. Cronise advised that is a little bit of a crystal ball question and she will do her best to answer. With the Valleypointe Parkway realignment, we do have conditionally committed funding from the TPO, which mean that if we are successful with SMART SCALE, that conditionally committed funding will turn into actually committee funding and what we have found with the last few rounds of SMART SCALE is that when we have money from the TPO that is more flexible in term of timing, we are able to get those projects started faster. So, there is potential for preliminary engineering to start with that project well before 2026, when any SMART SCALE funding could kick in. So we are seeing that with the DDI. We were able to use that upfront TPO money to get preliminary engineering started almost immediately after the funding was announced. So, if we were able to start preliminary engineering in 2021, for example, and it is going to be VDOT administered and there is a whole other host of hurdles that come with that, maybe it could be designed by 2023 and maybe go to construction 2024, potentially. If it is locally administered, we may be able to move it faster, but there is a whole host of problems and challenges with locally administering a project. So, transportation construction takes time and thinks we have found with some of our projects, no matter how fast we push things, some things can only be pushed so fast. Supervisor Mahoney stated his fear is if we get one, but not the other or if there was a timing issue, which is the one that is most preferable to have done if we only get one right away and the other one fell by the wayside for a couple of years. Again, his focus is on Wood Haven and if we ever get a prospect there. In his view, you need both improvements to make any prospect be successful. His fear is we may not get everything we ask for or we may not get it in the right timing sequence. If we could only do one, which one would it be with Ms. Cronise advising 1-581. The reason is one of the main focuses was improving access to Valleypoint, so if pulling the ramp back from Northbound 1-581 is pulling it further west and putting a signal there. So, you do not have to look over your shoulder and hope and gun it to get onto Peters Creek Road and then hop over to Valleypoint, hoping there are not tractor trailers in your way or that the left-turn lane is not stacked. Because it is proposing a double, left-turn onto Valleypoint, not only are you going to have more space to get to that left-turn lane, you are going to have a lot more space in the turn lane. She reiterated that is very 111 important. Valleypoint is also important, but right now there is not a ton of traffic going all the way up to Wood Haven. July 28, 2020 301 The road functions fine right now, but when you add hundreds of trips per day, it probably will not be, but it will be okay. She feels 1-581 is more important. It is also more expensive and it is a much bigger headache to building and FHWA is involved. So they are each challenging in their own way and we will do the best we can to see if we can get them both funded, but we also do not have match funding on 1-581. We were putting a lot of emphasis on Rt. 460 this year and trying to get funding for Rt. 460 and the way the study began and concluded, we were working up until the last minute for the preapplication on the design and estimate. It is very hard to ask for money for something you did not have a solid design for and you did not have a solid estimate for. We did the best we could. We have seven applications and we are only allowed four, which is way we are getting help from the TPO and the Regional Commission. She feels we have a pretty good shot with improvements to that interchanged proposed, but it is still an expensive project. This is also with retaining the existing bridges. Supervisor Mahoney stated he guesses he was hoping by being more of a regional project, that is through the Regional Commission, might give us a few extra points, even though it is a lot more money. Ms. Cronise added it may and we do have letters of support from the City of Salem and the City of Roanoke and from WVRIFA. She is considering submitting those same letters with 1-581 or potentially requesting new loans for that interchange. Supervisor Hooker stated with regard to round two of the West Main Street pedestrian improvements, she knows there has been some changes. Does it need to be updated from this document? Ms. Cronise advised what is in the presentation is what officially on the books. There have been changes that we have been made aware of just in the past couple of weeks that we are still requesting clarification on. It seems like most of these projects we are submitting are over budget and it is a VDOT administered sidewalk project and they have requested some scope changes that we were not made aware of. So, we have a meeting later this week where she hopes to get a better understanding of what is going on with that project, but it is supposed to go to ad this year. So, hopefully, we can get that sorted out quickly and get it to ad and get it under construction. Supervisor Hooker stated she would like to get updated on this project as they get more information. Supervisor North stated to Supervisor Mahoney not to worry as we are going to do the best we can because we do our homework; not only staff but Supervisor Radford and he plan on meeting with our Commonwealth Transportation Board representative and give him the same presentation. We found that to be a very successful recipe when we were seeking funding for the 419 diverging diamond. The representative understood the project. He saw there was going to be a shortage of funds and helped us along the way, especially when extra money came to be, we were able to seek the Alleghany Regional Commission for some extra funds to put in there to up the scoring. So, having those relationships is invaluable and that is something that we are going to continue to do. He agrees with Supervisor Mahoney in terms of local projects; if we find out we do not get any of the Rt. 460 projects in the County, but are close on funding on scoring for the 302 July 28, 2020 $13 million project there is a lot of negotiation that goes on the time frame around April and May before they finally vote on the final allocation. So, who knows, what you think might be the least likely project could end up being successful. We stay close to it because you cannot take your eye off it. We have staff watching every moving moment. Supervisor Mahoney commented he hoped we have enough horses to trade. Supervisor Peters thanked Ms. Cronise for a wonderful job, as always. The question that he received the most often, are there any plans in the work on Rt. 460. Through the years, there has been talk about expanding or six-laning Rt. 460 from where is tops now in Roanoke City to Rt. 220. Is that off the table? In everything that was provided there was nothing not even the widening coming down Rt. 460. Ms. Cronise stated that is exactly why VDOT was provided the funding for the Rt. 460 study; because the widening project in Roanoke City failed twice and the last estimate was $70 million. It scored terribly. So, this study is looking at alternates to widening. How can we improve traffic flow and safety without widening the six lanes? What they are finding, not only on Rt. 460, but on also Rt. 220 near the Southern Hills and Clearbrook area is that by making some of these changes to the signals. They can get as much or more capacity than widening to six lanes. So, it is a much smarter way to work the problem that is way less expensive; it is a fraction of the cost and that is something they said at the Commonwealth Transportation Board meeting. When they presented the potential for the Rt. 460 site, they said it was a $70 million project in the last round of SMART SCALE for Roanoke City and the improvement combined for all seven projects is half of that amount to improve most of the corridor in the troublesome intersections. It is a much different way to try to fix the problem, but it makes a lot more sense. Also, the right-of-way impacts are significantly less with this than if you were to widen six lanes, especially in the City. There are a lot of small lots and there buildings go up to the street and those impacts would be incredible and that is where a lot of the cost comes from too, in having to purchase all of those properties. So, this is the way that VDOT is moving to try to solve these sorts of big congestion problems; not only here, but in Northern Virginia. They are doing identical studies on Rt. 50 in Arlington County and Fairfax County. It is the way the industry is moving. Supervisor Peters commented he appreciates the information because who he hears from the most are the folks along Rt. 460 who are concerned that there is not much room between my parking lot and Rt. 460 already, what are they going to do? This has been a conversation piece for many, many years. He appreciates the clarity. Ms. Cronise added they have a team of folks who work on these projects. We have a fantastic staff and help from Mr. Caywood and Mr. Thompson. July 28, 20200 303 Supervisor Radford commented he is probably the newest member on the Transportation Organization Committee and the Roanoke Valley Alleghany Regional Commission. He stated he thought the same thing that Supervisor Peters commented. As he comes onto those committees, let's figure out the congestion problem on Rt. 460. He then saw the creative minds of VDOT along with our staff on how to make those safety improvements without widening the lanes. He develops land and he does not see enough land between those roads and so he has been really impressed with the different techniques they are coming up with, the innovations, the traffic techniques that are being utilized. It is smarter to do all that without having to take land. It is the thing of the future; it is the smarter way to tackle congestion. Chairman Radford recessed the meeting from 3:32 p.m. until3:42 p.m. to allow for comment. There were no citizen comments. There was no further discussion. RESOLUTION 072820-1 SUPPORTING SMART SCALE APPLICATIONS BY ROANOKE COUNTY, THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION, THE ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION AND THE CITY OF ROANOKE WHEREAS, at a regular meeting on July 28, 2020, the Board of Supervisors reviewed proposed SMART SCALE project applications; and WHEREAS, the list of projects includes applications to be submitted by Roanoke County, the Roanoke Valley Transportation Planning Organization, the Roanoke Valley- Alleghany Regional Commission and the City of Roanoke; and WHEREAS, the Board of Supervisors desires to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as develop projects consistent with local land use policies; and WHEREAS, the Board of Supervisors particularly wants to support all proposed SMART SCALE projects located on congested Route 460 (Orange Avenue and Challenger Avenue), a Corridor of Statewide Significance that has been the subject of two studies in the past three years: the U.S. 460 Arterial Preservation Program (APP) and the Strategically Targeted Affordable Roadway Solutions (STARS) Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the following SMART SCALE projects for Roanoke County application: a. Valleypointe Parkway Realignment b. Route 419 Streetscape Improvements, Phase 2 c. Starkey Road/Buck Mountain Road Intersection Improvements d. Route 460 at Alternate Route 220 Intersection Improvements 304 July 28, 2020 2. That the Board of Supervisors hereby supports the following SMART SCALE projects for Roanoke Valley Transportation Planning Organization application: a. Route 460 at West Ruritan Road Intersection Improvements b. Route 460 Intersections from Carson Road to Huntridge Road c. Orange Avenue (Route 460) Improvements from 11th Street to Gus Nicks Boulevard 3. That the Board of Supervisors hereby supports the following SMART SCALE project for Roanoke Valley-Alleghany Regional Commission application: a. 1-581 at Exit 2 Interchange Improvements 4. That the Board of Supervisors hereby supports the following SMART SCALE projects for City of Roanoke application: a. Orange Avenue (Route 460) at Blue Hills Drive b. Orange Avenue (Route 460) at King Street c. Orange Avenue (Route 460) at Seibel Drive/Hickory Woods 5. That the Clerk to the Board forthwith send a certified copy of this Resolution to Commonwealth Transportation Board member Dr. Ray Smoot, State Delegate Joseph McNamara, State Delegate Chris Head, State Senator David Suetterlein, State Senator John Edwards and State Senator Steve Newman. 6. That this resolution is effective immediately. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: NEW BUSINESS 1. Request to approve the minutes of the December 3, 2019, Board of Supervisors Meeting (Deborah Jacks, Chief Deputy Clerk to the Board) A-072820-2 There was no discussion. Supervisor Peters moved to approve the staff recommendation to approve the minutes and Supervisor Hooker seconded the motion. Motion approved by the following vote: July 28, 2020 305 AYES: Supervisors Hooker, North, Peters, Radford NAYES: None ABSTAIN: Supervisor Mahoney IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of MCE Owner Occupied, LLP to obtain a special use permit in a C-1, Low Intensity Commercial, District to allow a multi-family use to account for more than 50 percent of the gross floor area on the site on approximately 1.116 acres, located at 3220 McVitty Road, Windsor Hills Magisterial District Supervisor Peters' motion to approve the first reading and set the second reading and public hearing for August 25, 2020, was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 2. The petition of Om Shree Hospitality, LLC to rezone approximately 9.99 acres from AG-1, Agricultural/Rural Low Density, District to C-2, High Intensity Commercial, District for the construction of a hotel/motel/motor lodge, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District Supervisor Hooker's motion to approve the first reading and set the second reading and public hearing for August 25, 2020, was seconded by Supervisor Mahoney and approved by the following vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 306 .July 28, 2020 IN RE: FIRST READING OF ORDINANCES 1. Ordinance approving dissolution of a lease with Johnson & Elich Roasters, d/b/a Mill Mountain Coffee at South County Library, located at 6303 Merriman Road, Roanoke, Virginia, (Due to the Pandemic Disaster, it is requested, upon a four-fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) Cave Spring Magisterial District (Rob Light, Director of General Services) Mr. Light outlined the request for ordinance. There was no discussion. ORDINANCE 072820-3 APPROVING DISSOLUTION OF A LEASE WITH JOHNSON & ELICH ROASTERS, d/b/a MILL MOUNTAIN COFFEE AT SOUTH COUNTY LIBRARY, LOCATED AT 6303 MERRIMAN ROAD, ROANOKE, VA WHEREAS, the County of Roanoke currently is the lessor of 895 square feet of space on the first floor of the South County Library that is leased by Johnson & Elich Roasters, d/b/a Mill Mountain Coffee ("Lessee"), for use as a coffee shop for library patrons; and WHEREAS, this lease is for a period of three years commencing December 1, 2011 and terminating November 30, 2014, with options to renew for two additional three-year terms; and WHEREAS, Lessee had exercised the option to renew the lease; and WHEREAS, Lessee closed its facility at the outset of COVID-19, in accord with the Governor's Executive Orders 53 and 55; and WHEREAS, in the interest of public safety and social distancing, County has devised a plan to utilize Lessee's leased space, including a drive-through service window as an alternative for County taxpayers to remit taxes and other fees to the County Treasurer; and WHEREAS, Lessee has agreed to vacate the premises and terminate the lease effective August 24, 2020, notwithstanding the expiration date of November 30, 2020; and WHEREAS, the first reading on this ordinance was held on July 28, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: July 28, 2020 307 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance. 3. That the existing lease of 895 square feet on the first floor of the South County Library at 6303 Merriman Road, between the County and Johnson & Elich Roasters, d/b/a Mill Mountain Coffee is hereby dissolved and terminated. 4. That as consideration of Lessee's agreement to vacate the leased space and dissolve the lease, County shall return Lessee's full security deposit. 5. That Lessee will execute a hold harmless agreement to memorialize its willingness to terminate and dissolve the lease effective July 28, 2020. 6. That the County Administrator or any Assistant County Administrator is authorized to execute this lease on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Mahoney to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating grant funds in the amount of $64,375 from the Washington/Baltimore High Intensity Drug Trafficking areas (HIDTA) Program to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit (Richard L. Caywood, Assistant County Administrator) Mr. Caywood outlined no changes. There was no discussion. ORDINANCE 072820-4 ACCEPTING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $64,375 FROM THE WASHINGTON/BALTIMORE HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM TO THE ROANOKE COUNTY POLICE DEPARTMENT FOR THE ROANOKE VALLEY REGIONAL DRUG UNIT 308 July 28, 2020 WHEREAS, HIDTA funds are provided to the Roanoke Valley Regional Drug Unit to identify drug trafficking organizations, and when possible, to prosecute the cases as drug trafficking conspiracies; and WHEREAS, the Roanoke County Police Department serves as the lead agency and the Roanoke County Department of Finance and Management Services serves as fiscal agents; and WHEREAS, the Roanoke Valley Regional Drug Unit received a commitment of funding from HIDTA in the amount of$64,375 for calendar year 2020; and WHEREAS, these funds will be used to continue to support investigations of drug trafficking organizations that are operating in the greater Roanoke Valley; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on June 9, 2020, and the second reading was held on July 28, 2020. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $64,375 is hereby appropriated from the Washington/Baltimore High Intensity Drug Trafficking Grant to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit. 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: CONSENT AGENDA RESOLUTION 072820-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 28, 2020, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes—July 14, 2020 July 28, 2020 309 2. Request to accept and allocate grant funds in the amount of $145,725 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund 3. Request to accept and allocate grant funds in the amount of $574.75 from the Virginia Department of Housing and Community Development (DHCD) as reimbursement of County expenses for purchases of equipment to support virtual training 4. Confirmation of appointment to the Social Services Advisory Board (District) On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A-072820-5.a A-072820-5.b A-072820-5.c IN RE: REPORTS Supervisor Mahoney moved to receive and file the following reports. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, Radford, Peters, North NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of June 30, 2020 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of June 30, 2020 5. Accounts Paid —June 30, 2020 310 July 28, 2020 Supervisor Mahoney commented and directed the Board's attention to page 163 in the agenda. He mentioned this to Supervisor Peters and discussed it earlier today. If you look at some of the revenue percentage numbers, they look pretty good and he is very cautiously optimistic that while three to four months ago we were fearing some economic devastation; yes there has been some economic dislocation, but if you look at some of those revenue numbers, particularly some of the percentages, they look pretty good, particularly local sales tax. Meals tax, which we had all anticipated to be devastated, look pretty good. The only scary one is personal property and the Board extended the deadline for paying that. Some of the other numbers are cautiously optimistic, they look good. He credited Mr. O'Donnell and staff who kept a lid on expenditures. Chairman Radford recessed to the 4th floor for work session at 3:52 p.m. IN RE: WORK SESSIONS 1. Work session to discuss amendments to the Roanoke Valley Broadband Authority Articles of Incorporation (Daniel R. O'Donnell; Frank Smith, President and CEO of Roanoke Valley Broadband Authority) Mr. O'Donnell introduced Mr. Smith and Mr. Sam Darby from Glenn, Feldman, Darby and Goodlatte. Mr. provided a brief overview and PowerPoint presentation. Supervisor Hooker asked where the Salem data center is with Mr. Smith responding Spring Hollow, Blue Ridge PBS and Greenfield Training and Education Center. Supervisor Radford asked a structural question. So, when you first started, were you more of a commercial broadband and not so much residential and that was the whole premise? Mr. Smith stated the way it was designed in the beginning, we were looking at being for government, education and health enterprise to bring competition and choice and also drive innovation. The Board at that time decided they were not interested in residential. Since that time, they have been approached by several partners who want to build the last mile and use our network core to be able to deliver services, such as fiber to the home. So, part of our mission is to be able to serve the community, help generate business to provide alternative choices for companies that are here to drive innovation, but also allow entrepreneurs to be able to come in and provide additional services to the community. This is where we are at this point, five years from where we started. Supervisor Radford explained the reason he is asking the question is the world had changed since March 10, 2020, it is a completely different business world and how we operate in the new normal. So, as we talk about this, he is trying to think, we have to provide the services not only for distance learning for telemedicine and for home businesses. July 28, 2020 311 He is trying to weave in there how expanding the RVBA Board with two people is going to help that. He is trying to figure that out as Mr. Smith is providing the information. Is the mission changing because of March 10, 2020, to where you need two more board members? Mr. Smith responded the short answer is yes; if anything it has gone from this is great to this is required because of the expertise. We are looking at adding two additional citizen members. One is the CIO for Virginia Tech and also the Vice President for Information Technology and brings a lot of experience and technical expertise. Also, the CIO for Carilion. Both of those gentlemen, as citizen members, bring expertise because they are dealing with the issues as far as distance learning, telehealth, and how network deployment is. They are willing to serve and that is great. Supervisor Peters stated we are talking about adding another two more citizen positions. Do they have to be from Tech and Carilion? As of right now, that is what the RVBA Board has approved and that was what was voted on. Supervisor Peters stated as he looks down the road, say these two gentlemen retire or move away, what happens. He is trying to say are we protecting the seat. So, when three years from now and these two people leave, we are going to pick someone off the street to fill this position that may not have that expertise. This is one of his concerns. Mr. Smith responded that one of the things that were done, House Bill 1376, we had to go to the legislature to get this approved because the current law only allows five members. So, we were able to do that with sponsorship from Delegate Austin and also from Senator Edwards. It allows us to expand two board members. They will not go away, those slots will be retained. For example, Mr. Perry and Dr. Metcalf retire or step down, then it would be up to the Board to consider how to fill those slots and it would be subject to approval. Mr. Darby stated the way the Amended and Restated Articles of Incorporation that are approval is that Tech and Carilion Clinic would be nominating these citizen members. So, if we adopt these articles, they would stay in the game and would not be filled from someone off the street. Supervisor Peters stated looking at other citizen appointees, it can be anybody. He did not want that to be the case, because if it were the case, then he was going to ask if they have voting rights because at some point then you would only need one more person and you can change the whole direction of the Authority. Speaking for himself, he wants this to stay intact and continues to do what we envisioned it would do. Supervisor Hooker stated she agreed especially when you consider the financial investment. We have Board members whose communities have invested quite heavily and then we are bringing on some who have not, but we are bringing them on for their expertise. We all understand that, but to Supervisor Peter's point, some concern that without that "skin in the game" it feels a little funny. 312 July 28, 2020 Supervisor North commented he struggle with the fact that you should pay to play. Your Articles of Incorporation could be changed if your Board wanted to have an ad hoc citizen advisory committee and no voting privileges that serve at the will of the Board for x numbers of years. What are the terms? Mr. Darby stated they start on staggered terms, but goes to four years. Could your Articles of Incorporation be changed to allow for citizen appointees like Carillon and Virginia Tech on an ad hoc basis? This also says five or seven, so you don't have to have seven. It does not say you cannot change the Articles of Incorporation to allow for some input from members of the community. Mr. Darby stated any time we change the Articles, they have to be approved by all of the localities, including Roanoke County, but to follow your thought we could change the Bylaws and have a citizen advisory committee come in on an informal basis without a vote. Supervisor North stated as he looks at this, he thinks why not Montgomery County? Virginia Tech is in Montgomery County and Montgomery County may have some benefit to join. He thought the RVBA was for governments to serve the citizens and businesses. Mr. Smith stated part of the issue is the Board recognized the fact that as we grow and the expertise of these two individuals and citizens is very valuable and we thought that was important as to the strategic direction. As far as Montgomery County, that is always a possibility if the RVBA Board wants to do that down the road; that is absolutely appropriate. Based on the discussions we have had as the direction of the Board, they believe these two individuals would be the proper next steps to be.able to add where we want to be able to increase the technical expertise specifically on the Board, but also as being leading economic development institutions too within the community. So, from that standpoint, there are definitely advantages for that. Supervisor Peters responded what Mr. Smith just said addressed his concerns. We are adding people to a position based upon their experience. His concern was what happens when the person is not there. He reiterated that he is not opposed, but there were concerns from when it was first proposed. Mr. Smith responded this goes back to the RVBA Board and the professional administrators who have been on the board who have been appointed by their particular locality. They bring expertise and they understand management. They also recognize, to their credit, one of the things we need to do together to continue the mission that we have and how do we strengthen that. Strategically and tactically have citizens members from both Carillon and Virginia Tech really bring us into a new stage, especially after we look at new projects and more importantly from an economic development standpoint, these are key players and institutions, even though they are not technically on the Board, we have representatives who come from these institutions. There is a plethora of knowledge and also influence that helps us. It helps our communities and helps our individual localities. July 28, 2020 313 Supervisor Peters added to Supervisor North's point, if you are looking for expertise and each individual manager may or may not have the expertise, while not create an advisory group made up of those folks that would be advisory similar to the Planning Commission with the Board? Mr. Smith stated one of the things we have done is actually have tried in some cases advisory committees and it is ad hoc. The challenge from that standpoint is that it is ad hoc. In his experience, ad hoc committees are fine, but we are doing here is a different level of commitment and influence. Supervisor Radford asked if they had considered that four out of the five members are government entities that have contributed a lot of money, taxpayers' money, that they have contributed and it is part of the RVRA capital assets. He has seen the revenue bonds that you have used to expand the infrastructure, so since someone had mentioned "skin in the game" so the local governments are represented by the taxpayers; they put the money forward. So, even the two citizens from Virginia Tech and Carilion are not putting any money in it, but you are going to give me voting rights, as a voting member. What was the purpose of bringing more members that are not government, other than expertise? Mr. Smith responded when you go back strategically you cannot put the expertise on the side, having the expertise is right at the table when moving forward. As far as bringing in other member localities, we are more than willing to do that if that is the direction the Board wants to take, but right now, based on what we were looking at Virginia Tech and Carilion and their influence, but also their contribution can also be constituents within the area that we serve. We thought strategically this was a smart move. Supervisor Radford stated we were together on Bent Mountain when Mountain Net got started and have not heard the success stories, but he has heard the complaints with his line of site, he still has a good group of people on Bent Mountain that are not serviced. Supervisor Hooker has the same problem for her area, etc. We still have rural pockets that are getting missed. So, how is fiber getting to their home or is it? Mr. Smith responded the short answer is a combination of access methods. So, it will either be fixed wireless, which is point to multi-point, or it will depend. You have assets in the ground now that go out to Catawba, specifically Catawba Hospital. There is an opportunity to really ground that base, but we have to make sure we have the right partners to be able to do that. Recently, Roanoke County put out an RFP to be able to serve. Several folks have come to us to be able to use our backbone. It is going to be interesting because for us there are different ways for us to address that. So, wireless or fiber at home using optical backhaul. In addition to that there are some good partnerships,,which you are working on taking a look at the electric co-ops, i.e. Craig- Botetourt Electric Co-Op. He sees them as a partner to be able to also serve different regions. 314 July 28, 2020 There are a number of assets that can be delivered, but there are different ways that you are going to have to be able to cover those services. For example, Mountain Net right now is looking to expand his network to provide other services. The other folks are looking at how to get out to the rural regions and cover that. It goes back to two access methods, either fiber or wireless. Supervisor Radford commented Floyd County just spent a lot of money to put fiber along Rt. 221. He has watched it all summer. So, why wouldn't we want to partner with Floyd County and Montgomery County to try to bring the fiber to the home? How does adding two more members to your Board help? Wouldn't it be better to add two more financial partners added to the Board that can help us get to some of those strategic opportunities? Mr. Smith responded Citizens Telephone (Floyd County) actually received a $26 million grant. from the government because of the nature of where they are and that is how they were able to build that. The way the problem will be solved is not adding new Board members specifically, it is making sure we have the expertise on the Board with localities and technical expertise. We are working on something with GO Virginia and taking a look how we can impact. We are looking at being able to solve that problem by partnering with private providers for the last mile. City of Salem is already engaged. Botetourt County is engaged. In some cases, we have venture capital that is backing these firms to come in because they understand the value. Mr. O'Donnell stated the reason he supported this is that it is all about building partnerships, whether institutional or some of the providers he is talking about. He thinks having the institutional presence of Carilion and Virginia Tech will help. We have local government people and a water authority person, but we don't have any technological clout. The goal of having this entity be self-supporting is served by having that kind of expertise and presence even if there are no direct contribution dollars. It is definitely a way to get self-sufficient by having that expertise. Supervisor North commented we cut $11 million out of first budget this year, we could not even afford to give our employees a pay raise. The pressure on county governments is immeasurable right now because we think that our numbers are doing well, but we don't know what is going to happen when winter comes up. A second wave could cut into some of those numbers. It is day to day, every day. His concern is having these other two members on there could drive effort to grow and put pressure on our budgets going forward in a time when we are trying to recover. He does not know if this recovery is going to take place today or tomorrow, it is going to take two to three years to get back to where we were. So, timing is everything and by the way there is nobody that supports regional efforts more than he does, especially Carillon and Virginia Tech. The unknown is the pressure on our budgets. We have funds, but we cannot touch some of those funds because of our financial policy. July 28, 2020 315 So that is what concerns him as we move forward with next year's budget and the year after; putting this talent on-this board could put pressure on local governments to also put up more money and our money that we are putting up is still about $600,000 to $700,000 a year for Roanoke County and in time some of that should wain off with regard to the debt service. This is his concern today. It is a thin line when you roll the dice and add two people; what is the cause and effect of doing that in terms of what your budget is and your needs going forward. While he understands these are big players in the game of the local economy, when he looks at this sheet and he sees the members on there and what they are putting up, you think what are we going to get for our contribution because everybody has a benefit that uses any service. Secondly, we have gone through concerns with other authorities that have put us in a situation going forward that is unknown in terms of costs. This is his fear and it has nothing to do with your successes so far, but your revenue sheet is positive in the last three years is not a grand slam home run. It is not a great sum of money. You are not going to buy stock in this company and get rich overnight. Timing is everything. He is concerned about that and he is concerned about the future cost of this. Other than that, he thinks they have done a good job. Mr. Smith stated we are not allowed to put you in a position to add more funds without you agreeing to it. This is not what this is about. From his standpoint, as far as the situation right now is an absolute legitimate concern, but the way we are structured as an Authority, we cannot go around and assign additional debt to you without your approval; that is not possible. The work session was held from 4:05 p.m. until 5:08 p.m. Chairman Radford called the meeting back into session at 7:00 p.m. IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Hooker request the delay of the agenda item Resolution approving the Roanoke Valley Broadband Authority's Amended and Restated Articles of Incorporation until August 25, 2020. There were no objections. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution congratulating the Glenvar High School Girls Swim Team for winning the Virginia High School League (VHSL) Class 2 Championship (Martha B. Hooker, Catawba Magisterial District Supervisor 316 July 28, 2020 RESOLUTION 072820-6 CONGRATULATING THE GLENVAR HIGH SCHOOL GIRLS SWIM TEAM FOR WINNING THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL) CLASS 1A AND 2A CHAMPIONSHIP WHEREAS, athletic competitions are an important and integral part of the team curriculum at schools in Roanoke County; teaching cooperation, sportsmanship, teamwork and athletic skill; and WHEREAS, the Glenvar Highlanders earned their trip to the State championship game by winning the Region 2C championship on February 10, 2020, at the Christiansburg Aquatic Centers by sending a team of eight (8) girls, now known as the "Great Eight", swimming 13 individual events and all three (3) relays; and WHEREAS, the Highlanders achieved the State title by out-pointing runner-up Bruton 242-232 on February 20, 2020, at Swim RVA in Richmond Virginia; and WHEREAS, Individually, Junior Reese Dunkenberger won the 100 yard freestyle championship for the second consecutive year. Reese is also the State record holder in the event and freshman Claire Griffith won the 50 yard freestyle title. The girls also had two individual runner-up swimmers and finished runner-up in two of the three relay events. All totaled the Glenvar girls brought 20 championship medals and the State Championship trophy back to the community. The team represented their school and community with great character, poise and sportsmanship. They are a true asset to Roanoke County; and WHEREAS, the Highlanders are coached under the dedicated leadership of Coaches Shannon Hall and Daniel Smith. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL GIRLS SWIM TEAM: Seniors, Alyssa Meadows and Meghan Thompson, Juniors - Reese Dunkenberger and Isabelle Pope, Sophomores - Delaney Eller and Carly Wilkes, Freshmen - Claire Griffith and Adrianna Hall; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 111 July 28, 2020 317 IN RE: NEW BUSINESS 1. Re olutio napproving Roanoke Valley Broadband Authority's Amend anal Restated Artin� of In� ration (Daniel G carraT ccc �v �rrrr �e r�cccrvr�--�vurrr�--rc O'Donnell, Co unto• Administrator' Frank i h, Pre dent and This agenda item has postponed until August 25, 2020. IN RE: PUBLIC HEARINGS AND ADOPTION OF RESOLUTION 1. Resolution adopting an amendment to the Comprehensive Plan for Roanoke County, Virginia: incorporating the draft (dated March 5, 2020) Hollins Center Plan (Philip Thompson, Director of Planning) Mr. Thompson provided a PowerPoint presentation. Supervisor North thanked Mr. Thompson, staff and the Planning Commission for over two %2 years of work to develop this plan and bring it before the Board of Supervisors. He has watched it unfold since he has been on the Board and know it was not a small task. This map, the Hollins Center Plan Draft with the current zoning shown. He wants folks at home as well as those in the audience to understand the plan that is proposed does not in any way change the property used today. Please relax those fears if there are any. Also, he would like to echo what Mr. Thompson and Ms. Cronise said earlier today, the five transportation projects that are already underway in the pipeline where we have received funds, i.e. Lila Drive construction is going on right now to provide for a crosswalk did not cost Roanoke County a dime. Chairman Radford recessed the meeting from 7:32 p.m. until 7:42 p.m. to allow for comment. The following citizens spoke or commented: Greg Terry of 6407 Garrett Lane, Roanoke, Virginia emailed stating, "There seems to be a lot of vacant land and several spots like the Lidl site are for sale. Will the county consider buying that land or are we strictly looking for private investors? Chase Huffman of 7790 Lila Drive stated he lives full time as a machinist at Customer Tool and Machine off of Millway Drive off of Planation and he has been on the Board of Director of the Roanoke County Farm Bureau now going on six or seven year. He is a new husband to his wife Christina and her son Haden and is a fifth generation farmer. He lives on the Huffman Farm right off of Lila Drive and he is here tonight more for clarification on the plan. We have not received any kind of mailings or any information over the past couple of years as far as what the plan was moving forward. 318 July 28, 2020 We actually just got back from vacation to find out that while we were gone, there were people that came on the property taking pictures and was part of the Planning Board and a Roanoke Times reporter. A couple of days ago an article came out and the picture on the front of the article was of our farm and it stated, "Making plans for the future of Roanoke County's Hollins Area." The article went on to mention there was a large swath of undeveloped land and he wanted to make a clarifying note saying that land is very much in use. As previously stated, he is a fifth generation farmer on land that was started in 1895. My grandfather, Raymond Huffman, is 86 years old and owns the land now, but he has handed the operations over to him and his uncle. Just wanted to give clarification about the Plan moving forward and to make sure that it was clear that the land is still in use and it is all being agriculturally used. We have been raising cattle and cutting hay for years. In the past, his grandfather has always been contacted for input from the development board and from some of the County Board and for some reason we have been left off the mailing list for future meetings as far as what the plan includes. There was a meeting a few years ago that one of our hay customers attending saying that someone at the meeting mentioned there was land behind Wells Fargo that was possibly up for development and she made the clarification that the land was still in use. The gentleman at that meeting, he is not sure who it was because they were not there, made the comment that the man that owned the farm was in his 80's and he wasn't going to be around much longer. He wanted to make a public statement stating that the land is still there and will still be there. It was off-putting to see the article with the family farm with the headline, "Plans for the Future" and it was all news to us. He appreciates the clarification earlier and letting him come to the meeting and speak. Supervisor North requested to Mr. Thompson that he makes sure in the future the Huffmans are notified, including chase and all the others. Mr. Thompson advised they would double-check their mailing list. Supervisor Radford commented as we develop in that area in the future, it will be very important to do a mixed-use zoning ordinance. Mr. Thompson advised the changes in the resolution handed out versus the one that is in the packet. Supervisor North commented The Hollins Center Plan recommendations are derived from public comment and input to provide a structure for implementation strategies that will serve the health, safety and prosperity and welfare of the Hollins Community over the next 10- 20 years. The staff and planning commission have recommended to incorporate this plan into the Comprehensive County plan. This plan is a vision: For Improved community facilities, transportation and gateway improvements and community engagement involving citizens and businesses. July 28, 2020 319 RESOLUTION 072820-7 ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA: INCORPORATING THE DRAFT (DATED MARCH 5, 2020) HOLLINS CENTER PLAN WHEREAS, § 15.2-2223 of the Code of Virginia requires that every jurisdiction shall adopt a comprehensive plan for the physical development of their jurisdiction; and WHEREAS, § 15.2-2230 of the Code of Virginia requires that the Planning Commission review the comprehensive plan at least once every five years to determine whether it is advisable to amend the plan; and WHEREAS, the Draft Hollins Center Plan was posted on the County's web page on March 6, 2020, and allowed for public comments up to and during the Planning Commission's public hearing on May 5, 2020; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment to the Comprehensive Plan on May 5, 2020, after posting, advertisement and notices as required by § 15.2-2225 and § 15.2-2204 of the Code of Virginia; and WHEREAS, the Planning Commission proposed that the Comprehensive Plan be amended to incorporate the Draft Hollins Center Plan (dated March 5, 2020) into the Comprehensive Plan; and WHEREAS, following a public hearing with notice as required by § 15.2-2226 and § 15.2-2204 of the Code of Virginia, the Board duly considered the Draft Hollins Center Plan. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Comprehensive Plan is hereby amended by incorporating the Draft Hollins Center Plan, dated March 5, 2020, into the Comprehensive Plan, with the following two amendments: a. The future land use map shall be Version 2 labeled "Alternative Future Land Use Map", dated July 2020, and shall replace the future land use map in the Plan Summary's Land Use Recommendations and in Appendix 5 - Plan Recommendations and Implementation Strategies. b. The July 28, 2020 public hearing before the Board shall be included in the Plan's Community Engagement section. 2) That this Resolution is effective from and after July 28, 2020. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 320 July 28, 2020 IN RE: PUBLIC HEARING AND SECOND READINGS OF ORDINANCES 1. The petition of Wild Partners to obtain a special use permit in a C- 2S (high intensity commercial) District with special use permit to operate a car wash facility on approximately 1.152 acres, located at 4065 Electric Road, Cave Spring Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson provided a PowerPoint presentation. The petitioner, Jonathan Yates also provided a PowerPoint presentation. Also in attendance were Tom Austin and Michael Agee with Mattern and Craig to discuss site development and traffic impact questions. Tom Hubbard, Senior Vice President, Poe and Cronk Real Estate group outlined the marketing of this property. Supervisor Mahoney commented,that he had heard everyone speak about some of the limitations because of configuration. Does the access easement across the rear of the property cause a problem with any kind of development? Mr. Hubbard explained it was not a major problem, but it will take up some of the parking; it limits where you can put a building and put your parking. Supervisor Mahoney stated in other areas when he was on the Planning Commission, access easements were wanted that would be off the main road, whether it is Rt. 460, Rt. 419 or Rt. 221. This one is unusual because it is in the back and a lot of the ones you see in Williamsburg or other areas are in the front. He wondered if from a professional point of view was limiting with Mr. Hubbard responding in the affirmative. Supervisor North asked with regard to the traffic numbers, it seems the Saturday peak seems to be the same whether it was a restaurant or the car wash. Is this correct. Mike Agee responded in the affirmative, they are very similar. Supervisor North stated he has seen some car washes in the area, one of which is close to where he lives, traffic does not extend out onto R. 460, but it does wrap around to the entrance off the access road. Saturday is a big time for people to get their cars washed. Is there going to be a potential for cars to extend out on Rt. 419. Mr. Agee responded if the entrances are designed properly, we can handle that traffic so that there is not a backup. Additionally, there is much less traffic on Saturday than during the week day peaks. Mr. Hubbard added there is no entrance on Rt. 419. Supervisor North asked how far up to you have to go after you turn off Rt. 419? Mr. Agree referred to the slides. Supervisor North stated he has seen this problem at other restaurants around here and the traffic backs out onto Rt. 460 and it causes all kind of angst and safety concerns, which is why he is asking. July 28, 2020 321 Mr. Hubbard responded some of the ones on Rt. 460 do have their access right off Rt. 460. Mr. Yates explained what they have is a much larger stacking area. This size of wash can process cars very quickly. He knows there has been some instances with the wash next door backing up to Rt. 419, the wash on Rt. 460 goes all the way out to the property into the Kroger parking lot. He added that not only do they have more stacking, our speed of process is faster and worst case scenario, when all the car washes are busy. There is stacking for an additional 15 to 20 cars along Fallowater Lane to keep them out of Rt. 419. Chairman Radford recessed the meeting from 8:23 p.m. until 8:33 p.m. to allow for comment. The following citizen spoke. Chase Huffman of 7790 Lila Drive commented the other location operated by Ultimate Shine in Roanoke City is an amazing, efficient operation. He visits the car wash approximately two to three times per week and have never seen an impact on local traffic. Melanie Brown of 5909 Maywood Avenue, Salem, VA commented she worked for and represent Tanglewood Auto at Shell at 4803 Electric Road. We would like to address only two concerns that we have about the proposed special use permit. One being adding traffic to an already congested Rt. 419 and the other being adherence to the 419 Town Center Plan. With regard to traffic, she believes the Board has information in front of them that she gave to the Clerk earlier. According to the 2019 VDOT average daily traffic volume report, this section of Electric Road from Starkey Road to Rt. 220 has an average daily traffic count of 40,000 vehicles. VDOT also reports that during the peak hours of 4:00 to 6:00 p.m. that traffic count is 8.1% of that average or 3,200 cars per hour between 4:00 and 6:00 p.m. We know as a business on Electric Road that nearly every day and several times a day, traffic backs up from Ogden Road to Kentucky Fried Chicken. As the public hearing, the site developer for this property commented that based on the square footage of the proposed building, 720 square feet, it could reasonably expect to process 80 cars an hour, 40 in and 40 out. This may be accurate in a general business sense, however, in the car wash industry estimates the number of cars that can be washed per hour based on the length of the car wash tunnel, not the square footage of the building. She also provided two advertisements for similar car wash tunnels of similar size; one 120 ft. and another 130 ft. At a 130 feet, this facility is designed to wash a 150 cars per hour. Consequently, 150 cars would be entering the Electric Road area and 150 cars would be exiting Fallowater onto Electric Road. This would cause in their estimation extreme congestion. While we do not assert that those are actual numbers of vehicles washed every day, we do know that several times a year it is not only possible, but highly probable. Pollen season in the spring and the snow and ice of winter are lucrative times for the car wash industry. The goal is to wash as many cars as possible in a very small IIweather related window. 322 July 28, 2020 During those peak times, an express car wash like this could add 1,500 cars a day to an already congested Electric Road. We do not see how any business, not specifically this one, could put another 150 additional cars per hour on this part of Rt. 419 without creating more congestion. The VDOT project proposing to add a traffic light and an extension of Fallowater Lane has not yet been funded. With regard to the 419 Town Center Plan, she reiterated what was already said, the proposed use of this property in our opinion also does not fit within the 419 Town Center Plan. This area of Electric Road was to be a mix of office, retail and residential use and the plan specifically designated for an automotive based business is at the Tanglewood Mall end, near Firestone. In the interest of time, she would like to refer the Board to the comments from the Economic Development Department to the Planning Commission as well as the notes regarding conformance with the Roanoke County Comprehensive Plan as stated in the minutes from the July 7, 2020 meeting; both of those have been printed out for you. Supervisor Mahoney commented this is a very difficult case for him. Before he was elected to the Board, he served for almost 3 % years on the Planning Commission and we worked long and hard on the 419 Plan. So, he is intimately familiar with this Plan and he is also familiar with the traffic and circumstances on Rt. 419. This is a tough case. This application is consistent with Roanoke County's Comprehensive Plan, the core, land use designation. He has received comments from the folks at Tanglewood Auto Wash. He does not believe it is the role of government to pick winners and losers. He believes in our free market capitalistic system and competition is good, that is what our system is designed to do. The other day, he had the opportunity to go out and look at the applicant's facility on Rutgers Road. The architectural renderings are pretty, but he really wanted to see what it really looks like in the real world. The Rutgers Road facility is very nice; shiny, attractive, clean and beautiful. The one difference he saw with that as compared to the application for Rt. 419 is that, maybe this is a bad analogy, but he looks at Hershberger Rd. and Rt. 419 as being similar, primary use highways. Well, this use is not on Hershberger Road, it is off on Rutgers. He did not get out of his car and pace it off, but as a rough calculation it is about the entrance where you have the pay facilities and the driveway is about ten yards off Rutgers and if you go back to the wash facility, he is guessing it is maybe 30 to 40 yards off Rutgers. The facility that you use to vacuum out your interior is maybe 20 to 25 yards off Rutgers. So he does see a distinction between that application and that use and this application here in that this application is looking at something immediately on Rt. 419. He thinks this is a good use, he is just not sure if it is an appropriate use for the 419 Corridor. He thinks it would be great if it were 100 yards back off of Rt. 419. He likes the responses that the representatives from Mattern and Craig had put together to respond to some of the comments in the Staff Report. He thinks they did a good job with respect to that, but he is still troubled with what he perceives to be the inconsistency with the 419 Town Center Plan. July 28, 2020 323 During his work on the Planning Commission a lot of time was spent trying to develop what was a mixed-use development. He appreciates the comments from the applicant that maybe the property is not large enough for a mixed-use redevelopment. So, that to him is hard because on the one hand we have the 419 Town Center Plan, but on the other hand, the property may or may not be suitable for that. His other concern is he truly struggles with whether or not this is the highest and best use for this property. To him, highest and best use, all the lawyers can argue about that for a long time, but when he looks at what we tried to accomplish with the 419 Plan, and it is more than just the County going through a planning process. The County, in effect, has put its money where its mouth is. We have spent probably $325,000 on a consultant for the 419 Plan. The taxpayers of the Commonwealth of Virginia and Roanoke County were looking at spending $4.3 million for the upgrades to Fallowater, 1/3 of that is coming from County taxpayers. So, when he looks at highest and best use, if we the people are spending that much money and we have a site piece of property immediately on Rt. 419, which is our Gateway, is this the highest and best use? Is this the best we can accomplish after spending this much taxpayer money? This troubles him, and he does not think it is. He thinks we had in our minds a vision of a different kind of use, a better use, a higher use. There is nothing wrong with car washes, he goes to car washes. He does not go to the petitioner's car wash as he tends to go to the one around the corner on Brambleton because it is a little cheaper, but when he bought his car, he also went to Brambleton Imports and whenever he took his car in for service, Brambleton Imports washed his car for him. So he did not have to worry about that. He really struggles with this, but think at what our 419 Plan calls for. He looks at highest and best use, and when he looks at the financial investment that the taxpayers have made, particularly with respect to Fallowater, and is not even looking at the plans that we have looked at for the Rt. 419 improvements in the two different phases. He guesses he just hopes for something better and moved to deny the special use permit although it is consistent with the Comprehensive Plan because it is core, but it is not consistent with the mixed-use town center development type proposed by the 419 Town Center Plan. He does not believe it is the highest and best use for this property. Supervisor North commented "location, location, location" is what they talk about when looking to locate businesses, buy houses or make decisions regarding real estate. This is a tough one and shares his colleagues' comments. Your locations across Tennessee and other places are innovative and he is sure they are well-run facilities. He likes the idea of the restaurant and the car wash and the Chick-Fil-A concept, but quite honestly when you have one car wash next door and you have a new one proposed right across the street, he is sure there are enough cars in this part of the County to probably wash a lot of cars on a weekday or Saturday, but this is not the use he though either. In fact, he was surprised that the restaurant closed up, but it did too. 111 He keeps hearing people say we need more restaurants. 324 July 28, 2020 So, he is surprised another restaurant did not show up at some point in time, maybe it is the economy. This is tough, because we like to encourage new business but not everything fits; it might fit better at another location. Supervisor Radford stated as a developer, he has definitely heard the comment that the site is not big enough for mixed-use and he agreed with that totally. We looked at the 419 Town Center Plan, the mixed-use with the retail office on the bottom and the housing on the top. He has built condos on Rt. 419 and they are tough to sell. So, he is not sure housing right on that traffic of Rt. 419 will have someone to invest in, maybe they will, but he concurs with both of his fellow supervisors. It is a tough call at this point because it is in conflict with future land use, but at the same time, he did like seeing those examples from Short Pump. It is in a mixed-use area; that shows him the model can work. He concurs with Supervisor North, it is "location, location." He knows Short Pump well and that car wash is not on the main road there, it is off the main roads, so it is back behind those medical areas. Supervisor Peters commented he has reviewed this a number of times and he guessed his concern is we have, as a Board, and the Planning Commission spent a number of years on that 419 corridor and what we wanted it to look like and what we wanted to accomplish. This in a sense is our downtown for Roanoke County and thinks as we put those plans out, we took a lot of time to get not only our information, but our stakeholders, the people in our community as to what we wanted this corridor to look like. Our planning department is correct, this does not fit what we asked and received input from our citizens as to what we wanted this to look like. He personally does not feel this is the highest and best use. Supervisor Hooker commended the presentation because it gave us some things to consider and you brought forth some valid concerns that is making her personally ponder a couple of issues and appreciates what they did. She thinks they have a very good business model; she was particularly impressed with several aspects. One being 90% water reclaimed was pretty impressive, but she agrees with her colleagues. We were just hoping for something different and given that this is a special use permit, she would agree that we could hopefully find something that would be of higher use standard for that area. She appreciates the presentation and good commentary. ORDINANCE 072820-8 DENYING A SPECIAL USE PERMIT IN A C-2S (HIGH INTENSITY COMMERCIAL) DISTRICT, WITH AN EXISTING SPECIAL USE PERMIT, TO OPERATE A CAR WASH FACILITY ON APPROXIMATELY 1.152 ACRES, LOCATED AT 4065 ELECTRIC ROAD (TAX MAP NO. 087.07-01-50.00-0000), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Wild Partners, Inc., has filed a petition for a special use permit to operate a car wash facility at 4065 Electric Road (Tax Map No. 087.07-01-50.00-0000), July 28, 2020 325 in a C-2S (high intensity commercial) district, located in the Cave Spring Magisterial District; and WHEREAS, on May 27, 1999, the Board of Supervisors approved Ordinance 052799-8 granting a special use permit with two conditions to Krispy Kreme Doughnut Corporation to construct a fast food restaurant and drive-thru to be located on the parcel subject to this petition; and WHEREAS, the 1999 special use permit is null and void due to Krispy Kreme Doughnut Corporation's failure to commence the use contemplated by the 1999 special use permit; and WHEREAS, the Planning Commission held a public hearing on this matter on July 7, 2020; and WHEREAS, the Planning Commission recommends approval of the petition with conditions, as set forth in the staff report; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 23, 2020; and a second reading and public hearing on this matter on July 28, 2020. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke ill County, Virginia, as follows: 1. The Board finds that the proposed petition for a special use permit is consistent with the Roanoke County Comprehensive Plan Future Land Use designation of Core, but is not consistent with the mixed-use town center development type proposed by the 419 Town Center Plan (which was incorporated into the County's Comprehensive Plan in 2019). 2. The special use permit is hereby DENIED. On motion of Supervisor Mahoney to deny the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: , AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Mahoney stated unfortunately he did not have an opportunity to call in or go onto the computer for the Economic Development Town Hall. Where there any Board members able to participate? How did it go? Chairman Radford advised everyone except Supervisor Mahoney. Supervisor Mahoney stated he saw from Ms. Loope's report that there were 54 participants. Supervisor Peters added it was very well done. Supervisor North stated it was expanded upon more than the Senator Kaine conference call we had because Jill had more time to talk about what is going on. Mr. Radford added it was a summary of those three key areas. He saw also from Ms. Loope's report that the Small Business Recovery Grant application deadline is this Friday; we can help our local businesses. Finally, crossing our fingers, it looks as 326 July 28, 2020 though the unemployment rate in Roanoke County, at least, is going down. It is still a little too high, but it sure looks far better than some of the scary apocalypse numbers that we were seeing in the news media three or four months ago. We can cross our fingers that things are getting a little bit better. Supervisor Hooker commended the Chairman on a good meeting; thought our discussions were valuable. She appreciates that and her fellow Board members. Also, she wanted to say it is good to have petitions on our agenda item. Once again, she thinks that is good news for us and our economy. Lastly, it is always good to honor exceptional students and appreciated the time to honor the Glenvar High School swim team. Supervisor North stated he met with local Hollins businesses concerning the Small Business Recovery Grants and encouraged their applying. He went about that last Monday to help Jill Loope out a little bit and to help stimulate some interest. A lot of people did not think they would benefit from it and so as a result they took the extra step and went ahead and applied to get some benefit from the CARES Act. On July 22, 2020, he attended the 55th Police Academy graduation class and want to welcome to Roanoke County our three new recruits. He wished he had saved the brochure so he could have included their names in his comments. He stated this is a tough time to be a law enforcement officer and so we need to encourage them as much as we can. Hope that in the future we can do more than help with their remuneration, but also be more flexible in the requirements and hire from outside the area going forward. There are a lot of folks that would like to move to the Roanoke County area from other parts, so we have to make it more welcoming, if you will, in those efforts to recruit folks in public safety. Supervisor Radford stated "ditto" to what Supervisor Hooker commented on, he is glad we have deliberations, having petitions and looking at things. It means the economy is improving. From his business, he is extremely busy and that is good from the economy point of view. Also, want to mention yesterday, Mack Trucks provided another press release reminder again they are going into full production on September 1, 2020. He is very proud for them choosing our County to be their home. They have a $13 million investment in producing what they call medium-duty trucks. Looking forward to seeing that start on September 1st. One last thing to close on, we are still in a pandemic and he prays for everybody's good health and safety. Please continue to wear a mask when appropriate, social distancing at six feet, stay well and healthy. July 28, 2020 327 IN RE: ADJOURNMENT Chairman Radford adjourned the meeting at 9:00 p.m. ub itted by: Approved by: i A /Oa 4 4 , f *, I - 'Tuff /1/ ( eborah C. Jac Davi . Radford Chief Deputy ♦ - . t d F o the Board Chairman 328 July 28, 2020 PAGE LEFT BLANK INTENTIONALLY