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Home My WebLink About7/23/2024 - Regular Noir o(c4,i ,wF Roanoke County y -- Board of Supervisors ti '" � Minutes z 0 ',: �, a�� July 23, 2024 ►y �r 183E The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second regularly scheduled meeting of the month of July 2024. 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. Before the meeting was called to order, an invocation/a moment of silence was observed. The Pledge of Allegiance was recited by all present. A. OPENING CEREMONIES 1. Roll Call Present: Supervisors Radford, Hooker, Mahoney, Shepherd, North Absent: None Staff Present: Richard L. Caywood, County Administrator; Rebecca Owens, Deputy County Administrator; Doug Blount, Assistant County Administrator; Madeline Hanlon, Assistant to the County Administrator; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Rhonda D. Perdue, Chief Deputy Clerk to the Board B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. NEW BUSINESS Action No. 072324-1 Item C.1 1 . 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. (Peter S. Lubeck, County Attorney) Supervisor Hooker moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. Page 1 of 9 0000SC) Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-2 Item C.2 2. Resolution approving an amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board regarding joint capital funding. (Peter S. Lubeck, County Attorney, Dr. Ken Nicely, Superintendent, RCPS) Supervisor Shepherd moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-3 Item C.3 3. 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. (Peter S. Lubeck, County Attorney, Dr. Ken Nicely, Superintendent, RCPS) Supervisor Radford moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None D. FIRST READINGS OF ORDINANCES Action No. 072324-4 Item D.1 1. Ordinance authorizing the Treasurer of the County of Roanoke to employ 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 cost of retaining a private collection attorney. (Kevin Hutchins, Treasurer) (First Reading and Request for Second Reading) 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. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 2 of 9 0000SI E. PUBLIC HEARING Action No. 072324-5 Item E.1 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2023-2024 budget in accordance with Code of Virginia Section 15.2-2507. (Steve Elliott, Budget Administrator) No speakers present. F. SECOND READING OF ORDINANCES Action No. 072324-6 Item F.1 1. 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. (Laurie Gearheart, Director of Finance and Management Services) Supervisor North moved to approve the ordinance. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None G. APPOINTMENTS Action No. 072324-7 Item C.1 1. Building Code Board of Adjustments and Appeals/Fire Code Board of Appeals • David R. Jones, Jr. - reappointed for a four-year term to expire July 23, 2028 • Peter G. Fields - reappointed for a four-year term to expire July 23, 2028 • William B. Fowler, who currently serves as an alternate, was appointed to replace Mr. Evans full appointment for the remainder of his current term set to expire June 28, 2026 Supervisor Shepherd moved to approve all appointments. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 3 of 9 000 098' H. CONSENT AGENDA Action No. 072324-8.a-d Item H.1-4 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY Action No. 072324-8.a Item H.1 1. Approval of minutes—July 9, 2024 Action No. 072324-8.b Item H.2 2. Resolution to increase compensation for Economic Development Authority and Board of Zoning Appeals. Action No. 072324-8.c Item H.3 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) Action No. 072324-8.d Item H.4 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) Supervisor Hooker moved to adopt all matters on the consent agenda. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None I. CITIZENS' COMMENTS AND COMMUNICATIONS - None J. REPORTS Action No. 072324-9 Item J.1-4 1. Unappropriated Balance, Board Contingency, and Capital Reserves Report 2. Outstanding Debt Report 3. Accounts Paid —June 2024 Page 4 of 9 066089 4. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 30, 2024 Supervisor Radford moved to receive and file the reports that have been included with the agenda under Item J. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None K. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 072324-10 1. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the. community. Specifically, the Board will discuss potential business location or expansion in each of the five magisterial districts. 2. Section 2.2-3711(A)(8) of the Code of Virginia to consult with the County Attorney regarding a specific matter that requires the provision of legal advice. Specifically, the Board will receive information and counsel regarding a lien secured on a particular parcel of real property. Supervisor North moved to go to closed session. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None EVENING SESSION —7:00 PM L. CERTIFICATION RESOLUTION Action No. 072324-11 In the closed session just concluded, nothing was discussed except the matter which was identified in the motion to convene in closed session. Only those matters lawfully permitted to be discussed under the Virginia Freedom of Information Act were discussed. Supervisor Mahoney moved to adopt the certification resolution. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Page 5 of 9 00(1 00 Nays: None M. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS Action No. 072324-12 Item M.1 1. The petition of Roanoke Valley Holdings LLC to remove a proffered condition on approximately 50.8 acres of land zoned R-1 C, Low Density Residential District with conditions, in order to develop a residential subdivision, located near the 6200 block of Crumpacker Drive, Hollins Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) 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. Ayes: Supervisors Hooker, Mahoney, Shepherd, North Nays: Supervisor Radford Action No. 072324-13 Item M.2 1. 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. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) 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: Page 6 of 9 000101 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. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-14 Item M.3 2. 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. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) 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: 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. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-15 Item M.4 Page 7 of 9 006102 3. 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. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) 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. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None N. CITIZEN COMMENTS AND COMMUNICATIONS - None O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. David F. Radford 3. Tammy E. Shepherd Page 8 of 9 006103 4. Martha B. Hooker 5. Phil C. North Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. P. ADJOURNMENT Action No. 072324-16 Supervisor Hooker moved to adjourn the meeting. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North, Nays: None Su itted by Approved by: Ric L. Caywood hil C. orth erk to the Board of Supervisors Chairman Page 9 of 9