HomeMy WebLinkAbout1/25/2020 - Regular
January 25, 2022
17
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 second regularly scheduled
meeting of the month of January 2022. 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, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Mahoney called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman P. Jason Peters; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and David F. Radford
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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to P. Jason Peters for his service as
Chairman of the Board of Supervisors in 2021 (Paul M. Mahoney,
Chairman of the Board)
January 25, 2022
18
RESOLUTION 012522-1 OF APPRECIATION TO P. JASON
PETERS FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF
SUPERVISORS IN 2021
WHEREAS, P. Jason Peters served as Chairman of the Roanoke County Board
of Supervisors during 2021; and
WHEREAS, during Mr. Peters’ term as Chairman, the County achieved a variety
of accomplishments, including:
The revitalization of Tanglewood and the 419 area with new-to-market
restaurant options and seven (7) new commercial businesses,
The opening of the redeveloped Vinyard Station in the former Vinton
Motors building and the openings of its first two (2) tenants
Recognition by the Virginia Association of Counties and the International
Economic Development Council with achievement awards for the Town of
Vinton Central Business District Redevelopment Projects
The Gish Mill redevelopment project and public private partnership with
the Town of Vinton
Expansions in Roanoke County’s healthcare sector including the Richfield
Living Town Center, Friendship Health and Rehab Transitional Care Unit,
LewisGale ER, Vistar Eye Center and the 150,000 sq. ft. Carilion
Children’s Tanglewood Center
A new $12 million hotel redevelopment and public private partnership
project with the Town of Vinton
Cardinal Glass Industries 24,000 sq. ft. expansion in the Vinton Business
Center
Development of the two-story, 16,000 sq. ft. Fallowater Square office
building near Tanglewood
Celebrated the largest population growth rate in the Roanoke Region of
4.9%, demonstrating that quality of place matters
WHEREAS, the Board recognizes Chairman Peters’ contribution to the economic
growth in Roanoke County throughout his term; and
WHEREAS, Chairman Peters emphasized sound financial strategies and
practices and promoted regional projects and initiatives to benefit all the residents of the
Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its deepest appreciation to P. JASON
PETERS for his collaborative and steady leadership of the Board of Supervisors as
Chairman during 2021 and for his belief in democracy and championing of citizen
participation in local government.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
January 25, 2022
19
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
Each Supervisor offered their thanks.
2. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Daniel R. O’Donnell, County
Administrator, upon his retirement after more than twenty-one
(21) years of service (Paul M. Mahoney, Chairman of the Board)
RESOLUTION 012522-2 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
DANIEL R. O’DONNELL, COUNTY ADMINISTRATOR, UPON HIS
RETIREMENT AFTER MORE THAN TWENTY-ONE (21) YEARS
OF SERVICE
WHEREAS, Daniel R. O’Donnell was employed by Roanoke County on June 5,
2000 and
WHEREAS, Mr. O’Donnell will retire on February 1, 2022, after twenty-one (21)
years and eight (8) months of devoted, faithful and expert service to Roanoke County;
and
WHEREAS, Mr. O’Donnell, through his employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Mr. O’Donnell’s tenure with Roanoke County, he has
recognized the value of Roanoke County’s quality of life, though the development of
Green Ridge Recreation Center and numerous trails, parks and open spaces within the
County of Roanoke; and
WHEREAS, Mr. O’Donnell’s commitment to public safety can been seen in the
building of Roanoke County’s Public Safety Center, and his advocacy for equitable
salary advancements for Police and Fire and Rescue personnel; and
WHEREAS, Mr. O’Donnell championed the need for mental health services and
awareness of mental health issues in Roanoke County and the greater region; and
WHEREAS, Mr. O’Donnell was instrumental in the expansion of regional
cooperation between the neighboring localities of the City of Roanoke, the City of
Salem, Botetourt County and Franklin County, to enhance services and prosperity for all
in the region; and
WHEREAS, Mr. O’Donnell has helped shape the future of Roanoke County
through citizen engagement and community satisfaction surveys, and the Community
Strategic Plan; and
January 25, 2022
20
WHEREAS, Mr. O’Donnell has guided the successful management of Roanoke
County’s budget to increase the position of Roanoke County’s public safety, public
school system and services within the community; and
WHEREAS, Mr. O’Donnell has championed the efforts of Roanoke County’s staff
and actively pursued equitable and fair compensation for staff; and
WHEREAS, Mr. O’Donnell has helped foster the redevelopment of the 419
Corridor and 419 Town Center into a thriving commercial corridor to support Roanoke
County’s future economic development; and
WHEREAS, the Board of Supervisors commends Mr. O’Donnell for managing a
successful transition to modified services in the wake of a global pandemic, helping to
preserve the health of County employees and its citizens while continuing to offer best-
in-class services; and
WHEREAS, during his tenure as County Administrator, Roanoke County
experienced 3.4% population growth as measured by the 2020 U.S. Census; and
WHEREAS, Mr. O’Donnell is commended for his dedication and commitment to
making Roanoke County a brighter and safer place to Work, Live and Play for its
employees and citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to DANIEL R. O’DONNELL for more than twenty-one (21) years of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
All Supervisors offered their thanks.
IN RE: BRIEFINGS
1. Briefing to discuss with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2023-2032 Capital
Improvement Program (CIP) (Laurie Gearheart, Director of
Finance and Management Services)
Briefing was given.
January 25, 2022
21
IN RE: NEW BUSINESS
1. Resolution requesting the Commonwealth Transportation Board
fund a Demonstration Project Assistance grant in fiscal years
2023 and 2024 for shuttle service to the National Park Service's
McAfee Knob Trailhead Parking Lot, Catawba Magisterial District
(Megan G. Cronise, Transportation Planning Administrator)
Ms. Cronise outlined the request for resolution. Supervisor Hooker
expressed her excitement regarding this project as it is very much needed. She asked
if there would be any signage, which Ms. Cronise confirmed. Supervisor Mahoney
inquired as to when we anticipate hearing we have the grant; with Ms. Cronise
responding in the April timeframe
RESOLUTION 012522-3 REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD FUND A DEMONSTRATION
PROJECT ASSISTANCE GRANT IN FISCAL YEARS 2023 AND
2024 FOR SHUTTLE SERVICE TO THE NATIONAL PARK
SERVICE’S MCAFEE KNOB TRAILHEAD PARKING LOT,
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, in accordance with the Virginia Department of Rail and Public
Transportation (DRPT) Transit and Commuter Assistance Grant Application Manual, the
Board of Supervisors must commit to providing local match funds as part of the
Demonstration Project Assistance grant application and this commitment may be
established through a resolution; and
WHEREAS, the proposed shuttle service to the National Park Service’s McAfee
Knob Trailhead Parking Lot meets the goals of the Demonstration Project Assistance
grant by offering a creative approach in determining a new travel market for public
transportation, as well as by improving the utilization and productivity of an existing
public transportation service with a connection to the Smart Way bus route at the I-81
Exit 140 Park and Ride; and
WHEREAS, the proposed shuttle service is included as part of Recommendation
1.Z. in the Roanoke Valley Transit Vision Plan, which was approved by the Roanoke
Valley Transportation Planning Organization on September 22, 2016; and
WHEREAS, the proposed shuttle service was studied by the National Park
Service as the baseline service scenario in the February 2021 Appalachian National
Scenic Trail, Triple Crown Area Transit Feasibility Study.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Board of Supervisors requests that the
Commonwealth Transportation Board provide funding for a DRPT Demonstration
January 25, 2022
22
Project Assistance grant in fiscal years 2023 and 2024 for shuttle service to the National
Park Service's McAfee Knob Trailhead Parking Lot in the Catawba Magisterial District.
2. That the Roanoke County Board of Supervisors hereby commits to
provide up to twenty percent (20%) matching contribution for this project.
3. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator, or his designee, to execute project agreements for an
approved Demonstration Project Assistance grant for fiscal years 2023 and 2024.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
2. Resolution authorizing the County Administrator to appoint
Assistant or Deputy County Administrators, or both (Peter S.
Lubeck, County Attorney)
Mr. Lubeck outlined the request for the resolution, explaining it is a routine
matter.
RESOLUTION 012522-4 AUTHORIZING THE COUNTY
ADMINISTRATOR TO APPOINT ASSISTANT OR DEPUTY
COUNTY ADMINISTRATORS, OR BOTH
WHEREAS, §15.2-1502 of the Code of Virginia states that “local government
officers may employ, when duly authorized by the governing body, deputies and
assistants to aid them in carrying out their powers and duties”; and
WHEREAS, as defined in the Code of Virginia, a “deputy” means a person who is
appointed to act as a substitute for his principal, in the name of the principal and in his
behalf, in matters in which the principal himself may act; such person shall be a public
officer; and
WHEREAS, as defined in the Code of Virginia, an “assistant” means a person
who is not a public officer or deputy but who aids or helps a public officer; and
WHEREAS, the Board has appointed a new County Administrator, who will begin
acting as such on February 1, 2022, and
WHEREAS, the newly selected County Administrator may desire to appoint
assistants or deputies, or both, to aid him in carrying out his powers and duties.
NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke
County that pursuant to § 15.2-1502 of the Code of Virginia, the Roanoke County
Administrator is authorized to appoint deputies or assistants, or both, to assist him in
carrying out his powers and duties. This resolution shall be effective as of its date of
adoption.
January 25, 2022
23
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the acquisition of real property containing
approximately 2.25 acres, located in Roanoke City, for fire and
rescue purposes; and authorizing the execution of a purchase
agreement, a deed of conveyance, any necessary zoning petitions
or applications for use of said real property for fire and rescue
purposes, and any other documents necessary to accomplish the
acquisition and proposed use of said real property (Rachel Lower,
Senior Assistant County Attorney; Richard L. Caywood, Assistant
County Administrator)
Mr. Caywood provided a PowerPoint presentation. Mr. Caywood
indicated that Doug Blount, Assistant County Administrator and Fire Chief Griffin are in
attendance to answer any questions the Board may have.
Supervisor Radford inquired why not a grading easement with Mr.
Caywood responding staff did a cost analysis on this and it makes more sense for us to
acquire additional property to lay back the slopw because that is fairly steep on this so
we segmented the parcel in order to give the Church future flexibility should they desire
to make improvements, which we negotiated instead of a higher price.
Supervisor Mahoney inquired when is the earliest we can expect a
public hearing with Roanoke City with Mr. Caywood responding February 28, 2022.
Additionally, Mr. Caywood advised in order to keep the project on track, staff has
authorized Balzer to begin the work to make that submittal in order to make the
February date.
Supervisor North’s motion to approve the first reading and set the second
reading for February 8, 2022, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
January 25, 2022
24
IN RE: SECOND READING OF ORDINANCES
1. The petition of The Lawson Companies to amend existing
proffered conditions on approximately 12.15 acres on property
zoned R-3C (Medium Density Multi-Family Residential) District
with conditions, to construct 216 apartments located in the 5000
block of Cove Road, the 2700 block of Peters Creek Road, and
south of Beacon Ridge subdivision, Catawba Magisterial District
(Philip Thompson, Director of Planning)
Supervisor Mahoney requested that the focus of this second reading
should be on the traffic study, which was the reason for the postponement.
Mr. Thompson provided overview of traffic study and updated the proffers
and concept plan. Jonathan Puvak, on behalf of the petitioner provided overview and
Steve Schmidt, the consultant from the Timmons Group, who did the traffic study
provided an overview as well.
Supervisor Hooker stated there is some information, believe it is 55%) of
all the traffic that will leave the proposed project will be going North and if there are able
to come out through Peters Creek, Cove Road exit, then they can turn left. If they come
out through number five, proposed egress from the project on to Peters Creek Road,
they are going to have to find a place to turnaround, not that it is recommended, but that
is what people will do. The egress at intersection 5, Peters Creek Road, has a median
running down it and any traffic would be forced to make a right and then go from there.
Another observation that was made was at least five of the crossover, beyond that
intersection do not have turning lanes to be able to a U turn. They have crossovers, but
no turning lanes. So, she feels some of that is problematic in how to get that traffic
redirected to go back North.
Supervisor North asked that VDOT, the City Engineer and Mr. Schmidt to
come to the podium. Those five medians that there is no left turn lanes is not only
problematic, it is a logistical safety concern. He is not saying you need to commit to
doing something today, but he wants them to know that he and Supervisor Radford are
on the Transportation Planning Organization (TPO) and they work closely with Roanoke
City on Rt. 460 projects with the funding and we would like you to take away from today,
just a suggestion, that would help mitigate some of the concerns on Peters Creek. With
the five medians, it gives some thought to what can be done and a couple of them
would be to put more turning lanes in there so people don’t get congested and risk
getting hit in a rear end collision. If you do that, he and Supervisor Radford would
support a project like that to the TPO because we work very closely, most of the time,
and all of our decisions are unanimous with our colleagues on Roanoke City on that
committee. So, he would hope that you would give some thought to that while the
complex is under construction.
January 25, 2022
25
Supervisor Radford stated Cove Road backs up to Green Ridge; this has
been happening for a long time. How have you been address this and what do you
plan to do. Mr. Schmidt responded it is one lane right now. Additionally, on Peters
Creek they have a coordinate signal, which they have already agreed to allocate onto
Peters Creek because Peters Creek carries the majority of traffic. The side street is
going to be tightened up, especially during peak hours. For that specific intersection, it
was signaled on the side on both roads. They call it a split phase approach, with the
side streets operating one at a time. We definitely need some improvements, but as far
as the funding goes, they will have more locations on top of that. Supervisor Radford
asked Mr. Schmidt, you advised that you are going to improve that shoulder with where
the Arby’s is and go on up to the convenience store. Would it be more appropriate to
extend that stacking lane for that right turn? Would that no help the congestion and get
it though that intersection? Mr. Schmidt responded in the affirmative explaining that
lane comes right back to where we start the improvements so we would kind of carry
this over to the shoulder and continue that on as well. Supervisor Radford responded
that is really is not going to help the stacking. Mr. Schmidt responded are you referring
to stacking or cueing. Supervisor Radford stated either, people don’t want to turn off
Cove to Peters Creek. They are having to on the shoulder to get around that traffic.
We constantly maintain or we are going to take care of. Supervisor Radford then asked
for clarification. Does that mean it is going to be a lane or just a shoulder. Mr. Schmidt
responded it is technically considered a portion of the inlane, a portion of the paver.
Supervisor Hooker asked if the City had any discussion or any plans for
sidewalks in the future. Mr. Thompson responded from the Housing Development
beyond the cemetery, there is pedestrian traffic that goes all the way to the convenient
store to the fast food convenience store and to the retail, which is not the fault of the
petitioner, it is unsafe for additional traffic. Supervisor Hooker asked if there was any
plan for sidewalks in this area. Mr. Schmidt stated he is sure they have and have been
trying to find Federal funding.
Supervisor Radford inquired if the model took into account the businesses
that are currently there in that location and any expansion or growth. How do you build
that into your model. Mr. Puvak responded generally they take in the development of
the area and if we know of another approved development, we put that in. In this case,
we didn’t and so we put 1% growth per year that we added to the traffic count. Some of
the businesses will grow and traffic will grow, but we do not attributed for business
growth, just background traffic growth. Did you include school buses with Mr. Schmidt
responding we count passenger vehicles, heavy vehicles, which are school buses,
tractor-trailers, pedestrians, bicyclist and anbody using the road we count and
differentiate between.
January 25, 2022
26
Supervisor Hooker commented she appreciates the people who have
contacted the Board, who have listed their concerns, who have sent pictures of the
situations, which is all very good, very informative. She was pretty concerned about the
primary intersection and the current level of service for Peters Creek, Cove Road and
North Lakes Drive. The turning north level of service is and has been verified by Mr.
Schmidt, substandard. They need help, even though they are sitting through one
signal, it is still not performing at an optimum rate. There are five crossover
intersections on Peters Creek that do not have turning lanes, which exacerbated some
of the difficulties here. The peak traffic time, 7:30 a.m. until 8:30 a.m. and 4:30 p.m.
until 5:30 p.m. is fairly typical in those areas and times. She has seen some pictures
where the interstate problems and the traffic was horrible and thinks that is the
exception instead of the rule. She thinks we can all agree there are existing problems
today, but the complex is offering some solutions and some benefits. She
acknowledges and thinks we all do as a Board acknowledge that housing is needed in
the valley. It is definitely a welcome development for needed housing, however, that
increased housing also increases demand on services. The petitioner have precluded
in their proffers there will be no direct access to the North Lakes subdivision. She
stated that even though that is listed, there are some people that have mentioned that
concern to her that there is an agreement they will not be going into North Lakes from
Candlelight or Lantern. Schools do have room for additional students. Roanoke County
has lost a significant number of students over the last several years. So, one of the
things, she wanted to make sure we focused on too before we go much further is that
the apartments are allowed, they are allowed up to 185 units now. The rezoning is
really to clean up some of the zoning issues and to increase the project to 216 units.
Some of the positives they are bringing are the right turn lane into the project on Cove
Road from CVS into the project and then the right turn shoulder that we just discussed,
turning right onto Peters Creek. The bus stop is a real positive. She knows there is
some controversy over the bus stopping in the middle of Cove Road, but if they are
willing to pull onto the turning lane, it does get it out of traffic. She appreciates the fact
that the developer is willing to put in sidewalks on their side, curb and gutter, the bus
stop are all benefits. Supervisor Hooker then moved to partially approve the rezoning
request. She moved that we partially approve the rezoning request. She finds that the
third amended proffered condition, which would have the result of increasing the
maximum number of dwelling units on the subject property from 185, which is allowed
now to 216 will result in substantial detriment to the community. Therefore she moved
that we deny the request to amend the third proffered condition. Accordingly, because
the first proffered condition requires general conformance with the applicant’s concept
plan, which contemplates the construction of 216 units. She proposed that the first
amended proffer be revised as followed, conditioned upon the applicant’s consent. The
first sentence will be completely struck out dealing with the subsidized rental basis,
which is no longer legal to include, but to also include the site shall be developed in
general conformance with Lawson Company’s Cove Road Apartment concept plan
January 25, 2022
27
prepared by the Timmons Group dated January 20, 2022, subject to adjustments that
must be made to reduce the number of units from 216 to 185 units or fewer. Site
development shall be further subject to any changes required during the site plan review
process. At this point, she asked the applicant if they consent to such an amendment to
the first proffered condition. Mr. Purvak stated what we are trying to accomplish is
affordable housing. They are concerned with reducing the density by 31 units. We
heard about traffic; 31 units are not creating those issues. If we take 31 units off the top
of this project, we don’t achieve the desired effect for reduced traffic. 185 units reflexed
the zoning in 1984. We are not asking for anything that R-3 zoning does not allow
today. It allows 18 units per acre and that is where we landed at County staff
suggestion. So, if we take that part off the project, we reduce the economic impact and
we don’t think it will accomplish the objective. Let me speak to my client and see if we
can get creative.
Supervisor Radford asked staff how will be get this property up to 18 per
acre with this proffer hanging over it. Is there any mechanism that this can be
removed? Supervisor Hooker stated so if the motion as presented now were approved
or just no number on number of units. Supervisor Radford asked how do we get from
an old number to a new number?
Mr. Thompson stated so if you struck proffer number 3 completely, they
would be able to build what they are proposing to do, by rite. This is because this past
July, we talked about amending our zoning ordinance to look at R-3 zoning and we
increased the multi-family unit density to 18 per acre and the Board approved that
amendment.
Supervisor Radford then asked Mr. Lubeck, let’s say we have this
proffered condition that has reduced our density per acre on other properties. How do
we get to the 18 on all the R-3’s if we have proffered conditions all over? Mr. Lubeck
responded it would need to be on a case by case basis and each parcel would need to
come before the Board for action.
Supervisor Hooker stated it is really because of the traffic. Mr. Schmidt
stated they don’t think it is going to effect the traffic. It is ten trips in the morning and 14
in the afternoon. So, again, we ask that the 216 united be approved. Time is of the
essence so we really want a decision. We would like to have some creativity and
flexibility. Again, that is sufficient use of the land.
Supervisor Hooker stated she would like to continue with our motion and
we will see where it lands. It may not have support of the Board. She moved that we
deny the request to amend the first proffered condition. She understands, however that
the existing prohibition on renting units on a government subsidized basis is unlawful
and cannot be enforced. She further moved that we approve the second proffered
condition as it has been proposed by the applicant. She finds that the first and second
amended proffered conditions in the proposed rezoning request are consistent with the
purpose and intent of the County’s adopted Comprehensive Plan and good zoning
practice and will not result in substantial detriment to the community.
January 25, 2022
28
Supervisor Mahoney asked for clarification of the motion. First, we would
still want to accept that part of proffer number one (1) that deletes sentence number one
(1). Is that correct? Supervisor Hooker stated after consultation with our attorney, he
wanted us to strike the proffer as written. Mr. Lubeck advised at this point in time and is
his understanding that unless amendments to the proffer are accepted by the applicant,
the Board cannot unilaterally make changes to the proffered conditions. Supervisor
Mahoney advised he understand. Mr. Lubeck continued unless the applicant is willing
to agree to those amendments, that the course of action would be to simply strike and
to acknowledge that the unlawful portion of the property cannot and will not be enforced.
Supervisor Mahoney then asked the Concept Plan dated January 20, 2022 includes 216
units, is that correct? Mr. Lubeck responded in the affirmative. Supervisor Mahoney
stated so in effect, the motion is to not accept condition number one (1) in its entirety.
Supervisor Peters asked for clarification. Supervisor Hooker is proposing
stnd
the first (1) and second 2) proffered conditions and approving proffer three (3).
Supervisor Hooker responded in essence she is saying that she is reducing the number
to 185 and letting that proffer stand while we acknowledge that the government
subsidized rental commentary is not enforceable and because the concept plan reflects
216, it would also be modified. Mr. Lubeck explained as he understands the motion,
and he does understands that at the very bottom of the sample motion sheet where he
stnd
had, “I find that the first (1) and second (2) proffered conditions was conditioned upon
the acceptance of the applicant.” So, he understands Supervisor Hooker’s motion to
rdst
deny both the third (3) and the first (1) amended proffered request and to accept the
nd
second (2) amended proffer.
Supervisor North seconded the motion and the motion was denied by the
following vote:
AYES: Supervisors Hooker, North
NAYES: Supervisors Peters, Radford and Mahoney
Supervisor Peters moved to approve item one (1) and (2). Given the
information we just heard from Mr. Thompson, he does not if number (3) is going to be
rd
inconsistent with our future concept plan. Mr. Lubeck stated the third (3) proffered
condition is not inconsistent with the Board’s actions in the past. Supervisor Peters
stated if we are looking toward the future and we are saying 18 units per acre, then it
will be consistent. Mr. Lubeck stated so if he understands correctly, the motion would
be approve all of the proffered conditions as proposed by the applicant. Supervisor
Radford seconded the motion.
ORDINANCE 012522-5 APPROVING THE PETITION OF THE
LAWSON COMPANIES TO AMEND CERTAIN EXISTING
PROFERRED CONDITIONS ON APPROXIMATELY 12.15
ACRES ON PROPERTY ZONED R-3C (MEDIUM DENSITY
January 25, 2022
29
MULTI-FAMILY RESIDENTIAL) DISTRICT WITH CONDITIONS,
LOCATED IN THE 5000 BLOCK OF COVE ROAD, THE 2700
BLOCK OF PETERS CREEK ROAD, AND SOUTH OF BEACON
RIDGE SUBDIVISION, IN THE CATAWBA MAGISTERIAL
DISTRICT (TAX MAP NO. 037.13-04-07.00-0000)
WHEREAS, The Lawson Companies has petitioned to amend existing proffered
conditions on approximately 12.15 acres on property zoned R-3C (Medium Density
Multi-Family Residential) District, with conditions, as follows:
1. Petitioner shall build only residential condominium units on the subject property,
and Petitioner will not build any units to be rented on a government subsidized
rental basis. The property shall be developed in general conformance with the
“Smith Ridge Commons Apartments” Concept Plan dated January 20, 2022, and
prepared by Timmons Group, subject to any changes as required during the site
plan review process.
2. There shall be no street access from the subject property to the Beacon Ridge
subdivision/Candlelight Circle.
3. The maximum number of dwelling units on the subject property shall be 185 216.
and
WHEREAS, the first reading of this ordinance was held on November 17, 2021,
and the second reading and public hearing were held on December 14, 2021; and
WHEREAS, at the conclusion of the public hearing held on December 14, 2021,
the Board voted to postpone action on the petition until the January 25, 2022 meeting in
order for the applicant to conduct a Traffic Impact Analysis (TIA) prepared and the
results presented to the Board for review;
WHEREAS, the TIA has been completed, and has been presented to the Board
for review;
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 6, 2021; and
WHEREAS, the Planning Commission recommends approval of the petition as
requested; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
A. The petition of The Lawson Companies to amend existing proffered
conditions on approximately 12.15 acres on property zoned R-3C
(Medium Density Multi-Family Residential) District, with conditions is
approved as requested. The amended conditions shall be as follows:
1. The property shall be developed in general conformance with the
“Smith Ridge Commons Apartments” Concept Plan dated January
January 25, 2022
30
20, 2022, and prepared by Timmons Group, subject to any changes
as required during the site plan review process.
2. There shall be no street access from the subject property to the
Beacon Ridge subdivision/Candlelight Circle.
3. The maximum number of dwelling units on the subject property
shall be 216.
B. The Board finds that the proposed rezoning request is consistent with the
purpose and intent of the County’s adopted comprehensive plan, will
result in good zoning practice, and will not result in a substantial detriment
to the community.
C. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district
map to reflect the changes authorized by this ordinance.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Radford, Mahoney
NAYS: Supervisors Hooker, North
IN RE: CONSENT AGENDA
RESOLUTION 012522-6 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 January
25, 2022, 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 2 inclusive, as follows:
1. Confirmation of appointment to the Court Community Corrections Program
Regional Community Criminal Justice Board; Regional Drug Court Advisory
Commission; Roanoke Regional Airport Commission (At-Large), Roanoke
Regional Partnership, Roanoke Valley Broadband Authority; Roanoke Valley-
Alleghany Regional Commission, Roanoke Valley Detention Commission,
Roanoke Valley Resource Authority; Visit Virginia's Blue Ridge, Western
Virginia Regional Industrial Facility Authority; Western Virginia Water
Authority
January 25, 2022
31
2. Resolution requesting the Virginia Department of Transportation (VDOT)
accept Warrior Drive of Cherokee Hills 5 Road, in the Catawba Magisterial
District into the Virginia Department of Transportation (VDOT) System
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
A-012522-6.a
RESOLUTION 012522-6.b REQUESTING ACCEPTANCE OF
WARRIOR DRIVE (WESTERN PORTION) INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Addition Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirement;, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of
the street(s) requested herein to become a part of the State maintained secondary
system of state highways for a period of one (1) year from the date of the acceptance of
the referenced streets by VDOT into the secondary system of state highways. This
Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets
and related drainage facilities associated with workmanship or materials as determined
exclusively by VDOT.
January 25, 2022
32
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: REPORTS
Supervisor Mahoney moved to receive and file the following reports. The
motion was seconded by Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues December
31, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of December 31, 2021
5. Accounts Paid – December 31, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of December 31, 2021
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters stated he enjoyed all of us getting together at the
Chamber event last week. It was good to have everybody back to some kind of
normalcy. He reiterated how much he appreciated each of the Board members.
December was a rough time for his family, but appreciate each Board member reaching
out to us. He appreciates our citizens and our employees. So many people reached
out to our family during that time. He just wanted to say thank you and appreciate
everybody’s thoughts and prayers.
Supervisor Hooker stated she just wanted Supervisor Peters to know we
continue to think of him and continue to have his back.
Supervisor Radford wanted to mention something that is near and dear to
th
his heart. Last Friday, January 21, 2022, the March for Life has it 45 annual march on
DC, the Supreme Court, and it is held to advocate for the life of the unborn. In 1973, we
know that the Supreme Court ruled to allow abortion and so this protest, which is a
protest to celebrate life. They believe it is the right to life and he does too. The right to
life is a human right, our defense of that right is a joyful witness to the beauty and
dignity of every human person. We celebrate each and every life from the moment of
January 25, 2022
33
conception. We envision a world where every life is celebrated, valued and protected.
So, he just wanted everybody to know it continues this very day and it is on that day
because that is the day it was done in 1973.
Supervisor Mahoney stated first, there was an excellent dinner meeting
we had with the Roanoke Regional Chamber of Commerce last Thursday. He wanted
to point out that at the meeting, they identified Officer Taylor Carter, a Roanoke County
police officer as Officer of the Year. So, he wanted to give a shout out to her and
remind everybody that is what happened and thinks it is very positive step for Roanoke
County. On Saturday, many of the Board attended the event with Visit Virginia’s Blue
Ridge for 2024 with the women’s pro cycling team. To him it was very moving to see
and to hear the stories of these wonderful female athletes. What really impressed him
so much was they are aiming and working for the 2024 Olympics, but if you talk to these
young women, a lot of them are also planning ahead four years after that 2028. One
young woman, 15 years old, others were 16, 17. He wasn’t thinking ahead six (6) years
when he was 16 and 17. So, he is so impressed by the focus and the dedication of
these young athletes. It was very impressive and he listed to the story of the young
woman who was on the Afghanistan cycling team and how she had to flee her country
to come here because she would have been killed by the Taliban in Kabul. He saw a
week or two ago, they had a film clip on CBC news and they were talking about her and
she was here last Saturday and she spoke. Again, very impressive. It was a wonderful
event and very excited for Virginia Blue Ridge in 2024. It is a crowning achievement for
Lee Wilhelm and Landon Howard. My final point is that he will not be here on February
8, 2022, so Supervisor Peters is going to have to reassume the chair.
Chairman Mahoney recessed at 4:57 p.m. to the third floor for work
session.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors fiscal year
2021-2022 mid-year revenues and expenditures and fiscal year
2022-2023 budget issues (Laurie Gearheart, Director of Finance
and Management Services; Steve Elliott, Budget Manager)
Ms. Gearheart and Mr. Elliott provided a PowerPoint presentation.
Supervisor Mahoney inquired if there were any red flags, with Mr. Elliott
responding not at this time.
With regard to Slide 18, License Vehicle Fee, Ms. Owens advised that
Pete Peters of Vinton advised he could not absorb the loss in revenue and staff would
need guidance.
Supervisor North advised we were still waiting on the legislature.
Supervisor Peters commented that while we may have money now, he is
concerned with future years.
January 25, 2022
34
Supervisor Hooker asked with the intention of giving back to our citizens,
is $20 really a benefit?
Supervisor Peters stated the citizens he has spoken to don not want it
with Supervisor Mahoney stating he had several citizens saying the same. He then
asked what are the steps and timing if we did do this and come back next year to
oppose. Mr. Lubeck advised we can put a sunset provision in the ordinance.
Supervisor Mahoney asked when would the Board have to act with Kevin
Hutchins, Treasurer, responding the middle of February.
The work session was held from 5:12 p.m. until 5:53 p.m.
IN RE: ADJOURNMENT
Chairman Mahoney adjourned the meeting at 5:54 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks Paul M. Mahoney
Chief Deputy Clerk to the Board Chairman