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HomeMy WebLinkAbout8/20/2024 - Regular °LiuAU RC A Noir 0E-4 14 ,WF Roanoke County G Board of Supervisors ir%k% Minutes 0a August 20, 2024 /83B The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the only regularly scheduled meeting of the month of August 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, Community Engagement Director; 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. BRIEFING 1. Briefing by VDOT to provide information on transportation projects in Roanoke County. (Ken King, VDOT Salem District Engineer, Mike McPherson, VDOT Engineer) Briefing given by Ken King and Mike McPherson. Page 1 of 10 000105 D. NEW BUSINESS Action No. 082024-1 Item D.1 1. Resolution Authorizing Economic Development Incentive Agreements with (1) the County of Roanoke, the Roanoke County Economic Development Authority, and Mack Trucks, Inc., and (2) the County ,of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (Megan Baker, Director of Economic Development) Supervisor Hooker moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None E. FIRST READINGS OF ORDINANCES Action No. 082024-2 Item E.1 1. Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000). (Doug Blount, Assistant County Administrator) (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 September 10, 2024. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 082024-3 Item E.2 2. Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority. (Laurie Gearheart, Director of Finance and Management Services) (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 September 10, 2024. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 2 of 10 O00 106) Action No. 082024-4 Item E.3 3. Ordinance approving the execution of a lease agreement with .com Properties, IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia. (Peter Lubeck, County Attorney) (Due to time constraints for the project, it is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter) Supervisor Hooker moved to approve the ordinance as an emergency ordinance, due to time constraints, and to dispense the second reading upon an affirmative vote of 4/5ths of the members of the Board. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None F. SECOND READING OF ORDINANCES AND PUBLIC HEARING Action No. 082024-5 Item F.1 1. 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. (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 finished area of the existing residential dwelling (approximately 1,400 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. Page 3 of 10 000107 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 Radford seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None G. APPOINTMENTS Action No. 082024-6 Item G.1 1. Social Services Advisory Board (appointed by District) Teena Wilkin — re-appoint for a four-year term to expire July 31, 2028 Supervisor Radford moved to approve the appointment. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None H. CONSENT AGENDA Action No. 082024-7.a-i Item H.1-9 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. 082024-7.a Item H.1 1. Approval of minutes—July 23, 2024 Action No. 082024-7.b Item H.2 2. 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. (Second Reading) Page 4 of 10 000108. Action No. 082024-7.c Item H.3 3. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of$5,000. Action No. 082024-7.d Item H.4 4. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System. Action No. 082024-7.e Item H.5 5. Request to approve holiday schedule for calendar year 2025. Action No. 082024-7.f Item H.6 6. 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. (Second Reading) Action No. 082024-7.g Item H.7 7. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (First Reading and Request for Second Reading) Action No. 082024-7.h Item H.8 8. The petition of Dale Wilkinson to rezone approximately 21.39 acres of land zoned I-1,Low Intensity Industrial District, to R-3, Medium Density Multi-Family Residential District, in order to develop a 225-lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Action No. 082024-7.i Item H.9 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System. 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 Page 5 of 10 ODU1 US J. REPORTS Action No. 082024-8 Item J.1-6 1. Unappropriated Balance, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2024 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2024 5. Accounts Paid - July 2024 Supervisor Mahoney moved to receive and file the reports that have been included with the agenda under Item J. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None K. WORK SESSION 1. Work session with staff to review progress on the Safe Streets and Roads For All Comprehensive Safety Action Plan. (Megan Cronise, Assistant Director of Planning) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 082024-9 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 the Catawba Magisterial District. Supervisor North moved to go to closed session. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Note: Mr. Caywood and Mr. Blount departed the meeting at 6:30 p.m. for another engagement. Page6of10 EVENING SESSION - 7:00 PM M. CERTIFICATION RESOLUTION Action No. 082024-10 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 Radford moved to adopt the certification resolution. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None N. SECOND READING OF ORDINANCES AND PUBLIC HEARING Action No. 082024-11 1. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Three (3) citizens were in attendance and spoke in support of the petition. Supervisor Radford found that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Involves a use (utility service) which is not contemplated in the Roanoke County Comprehensive Plan's future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service); 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 ten (10) conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024, Page 7 of 10 subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of- pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third-party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, Page 8 of 10 06G112 impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None O. CITIZEN COMMENTS AND COMMUNICATIONS - None P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. Tammy E. Shepherd 3. Martha B. Hooker 4. Paul M. Mahoney 5. Phil C. North Page 9 of 10 000113 Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. Q. ADJOURNMENT Action No. 082024-12 Supervisor Radford moved to adjourn the meeting. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North, Nays: None Su•- i ed by: App ed by: Rey . d L. Cayw•od iI C. North ' lerk to the Board of Supervisors Chairman Page 10 of 10