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HomeMy WebLinkAbout6/4/2013 - MinutesCommissioners Present: Ms. Martha Hooker Mr. Gary Jarrell Mr. Gene Marrano Mr. Jason Peters Mr. Jim'Wottz (public hearing only) Staff Preseft Mr. Phillp'Thompson Mro Ruth Ellen Kuhnel, County Attorney Mr. John Murphy (wiork session only) Ms. Megan Cronise, Ms. Tara PaUlsall Ms. Becky MahDney (wark session only) Ms. Susan McCoy, Recording Secretary Work Session: Mr. Peters called the work session to order at 4:00 p,m. ,Ap ,-,p rov a I of A en d a Ms, Hooker made a motionto approve the agenda, which passed 4- 1 AM,roval of Minutes Mr. Jarrell made a motion to approve the minutes of May 7, 2013, which passed 3-0-1, with W. Hooker abstaining, Mr. Jarrell made a motion to approve the minutes of May 21, 2013, which passed 3-0-1, with Mr. Peters abstaining, Consent.AgLen There were no items for consideration for the July 2, 2013 Planning Commission Public Hearing,. Possible Zoning Ordinance Amenidments, �Mr, Thompson reviewed the memo regarding! the large and Ality wind energy systems discussion, Mr. Jarrell discussed the annount of time the Commissioners and staff spent developing the ordinance. Ms. Hooker suggested leaving the ordinance as it is until the pending lawsuit is settled. Mr. Thompson, provided a comparison of, the document recommended by the Planning Commission and the changes, made by 'the Board of Supervisors, Mr. Marrano discussed waiting until a proposal is received before revisiting the issue. Mr. Peters discussed the time spent ' on research prior to completion of the ordinance. He stated the ordinance was written with flexibility to apply addifibnal conditions during the special use perrrit process. He suggested allowing the Board of Supervisors, to determine if the ordinance should be reviewed, Mr. Thompson ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 and the Commissioners discussed procedural issues. Mr. Jarrell noted the current guidelines were adopted by the Board of Supervisors. Ms. Hooker stated the Commission does not have the support of the board at this time. Mr. Peters noted a motion was not made to revisit this issue at this time. Commissioners' and Staff Comments Mr. Thompson stated the ribbon cutting for the South County Library boardwalk trail was held today. He stated no applications have been submitted for the July 2, 2013 Planning Commission Public Hearing. Mr. Thompson briefly reviewed the timeline for the proposed Zoning Ordinance Amendments. Mr. Marrano inquired about public review of document prior to the public hearing. Mr. Thompson discussed this issue, noting it will be available for public review prior to the public hearing. Mr. Peters inquired about sight distance regarding the petition of Carol Lachowicz. Mr. Thompson and Ms. Cronise discussed this issue. Mr. Thompson and the Commissioners discussed the history and proposed conditions regarding the petition of Larry and Rhonda Conner. With no further comments, Mr. Peters adjourned the work session at 4:23 p.m. EVENING SESSION Mr. Peters called the Public Hearing to order at 7:00 p.m. Ms. Hooker gave the invocation and led the pledge of allegiance. 1. The petition of Larry and Rhonda Conner to obtain a Special Use Permit in a R -1, Low Density Resident, District for an accessory apartment on approximately 4.68 acres, located at 6185/6183 Bent Mountain Road, Windsor Hills Magisterial District. Mr. Thompson presented the staff report, including a history of petition and recommended conditions. Mr. Peters inquired about the purchase of the property. Mr. Thompson stated the Conners have purchased the property. Mr. Jarrell inquired about accessory apartment size regulations. Mr. Thompson discussed this issue. Mr. Marrano inquired about leasing restrictions. Mr. Thompson discussed this issue, noting if the petition is approved the petitioners would be permitted to lease the apartment to anyone. He stated the petitioners were unaware the appropriate permits had not been issued when they purchased the property. Mr. Marrano inquired if the petitioner would be allowed to build the structure if permits had been acquired. Mr. Thompson discussed this issue. Mr. Marrano inquired about the size of the structure. Mr. Thompson discussed this issue. Mr. Peters inquired about easements and property access. Mr. Thompson discussed this issue. Mr. Peters opened the public hearing for public comment. Page 2 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 Mr. William Gust, 6157 Bent Mountain Road, stated the current owners are a limited liability corporation. He stated he is concerned about the driveway being used by other automobiles and not being limited to the residents of the property. He discussed sight distance issues. He requested the petitioners be made to adhere to using their existing easement, noting that there have been issues with previous tenants of that property. He stated he is concerned the property is solely an investment property for the petitioners. Mr. Jarrell inquired about regulations regarding limited liability corporations (LLC). Ms. Kuhnel discussed regulations regarding limited liability corporations, noting a structure owned by a limited liability corporation cannot be owner occupied. Ms. Rhonda Conner stated the property was purchased under the limited liability corporation for financing purposes. She stated they will be renting their current residence and move to the Bent Mountain property when it is in compliance with the building standards. She stated they plan to refinance the property and put it into their names prior to physically residing in the house. Mr. Peters inquired if the property was currently under construction. Ms. Conner stated they are currently acquiring proper permits and inspections. Ms. Hooker inquired about the easement. Ms. Conner stated they do not use Mr. Gust's road, noting they use the driveway within their easement. Mr. Woltz inquired if fencing would be installed. Ms. Conner discussed fencing plans. Mr. Jarrell requested more information regarding limited liability corporation regulations. Ms. Kuhnel, Mr. Thompson, and the Commissioners discussed applicable options and regulations. With no other citizens requesting to speak, Mr. Peters closed the public hearing. Mr. Woltz made a motion to recommend approval of the special use permit with the following conditions: 1. The applicant shall provide an elevation certificate to the County's Department of Community Development prior to occupancy of the accessory apartment. 2. All building and zoning permit approvals shall be received prior to occupancy of the accessory apartment. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, Marrano, Peters, Woltz NAYES: None ABSTAIN: None 2. The petition of Fellowship Community Church to obtain a Special Use Permit in a R -1, Low Density Residential, District for the construction of an overflow parking Page 3of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 lot on approximately 0.412 acre, located at 1230 Red Lane Extension, Eagle View Estates, Catawba Magisterial District. Mr. Thompson presented the staff report, including an overview of the concept plan and proposed conditions. Ms. Hooker inquired about the original site plan. Mr. Thompson discussed this issue, including topography of the site and required buffering. Ms. Hooker inquired about lighting. Mr. Thompson discussed regulations regarding this issue. Ms. Maryellen Goodlatte, Esquire, discussed parking issues, noting currently some parishioners are shuttled to the church from an offsite parking facility. She stated parking is especially difficult during special events. She provided a brief history of the property, noting it was originally platted as a subdivision. She stated the proposed use is in conformance with the Comprehensive Plan. She noted fire and rescue stated that the addition of the parking area would improve emergency access to the property. Mr. Jarrell inquired about lighting of the area. Ms. Goodlatte discussed current lighting and possibly moving one light to the proposed parking area. Mr. Peters opened the public hearing for public comment. Mr. Jim DiVirglio, 1308 Red Lane, stated the development is inconsistent with the neighborhood. He stated he is opposed to request because the use is not residential, long term storage of buses will be in view of residents, and additional lighting within the parking area. He stated the petition is inconsistent with the covenants placed on the property by the developer. Mr. Woltz inquired about vehicles parking on Red Lane. Mr. DiVirglio stated parishioners do not park vehicles on Red Lane because they have offsite parking. Ms. Faye Perkins, 1314 Red Lane, stated parishioners park their vehicles at the nearby swim club and are shuttled to the church. She inquired about the permitted use of the property if the property is sold. She stated the developer assured the residents that only homes would be constructed within the subdivision. Mr. Peters inquired about the zoning designation of the property. Mr. Thompson stated the designation is residential with a special use permit for religious assembly. Mr. Joe Powell, 1234 Red Lane, stated he would like to see the parking lot constructed but expressed concern regarding additional buffering blocking his view of the mountains. He stated the parking area would make the area safer and spoke in favor of lighting the parking lot. With no other citizens requesting to speak, Mr. Peters closed the public hearing. Page 4 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 Ms. Hooker inquired about covenants on the property. Mr. Thompson stated the County does not enforce private covenants. Ms. Kuhnel stated recourse regarding enforcement of covenants is not part of the Commission's evaluation of the request. Mr. Marrano inquired about the history of the property. Ms. Goodlatte stated the church is the owner of the property, noting the covenants are attached to the land regardless of the owner. Mr. Woltz inquired about expiration of covenants. Ms. Goodlatte discussed this issue. Mr. Woltz asked that an exception regarding the size of the plantings be made for Mr. Powell. Mr. Thompson discussed this issue, noting he will confer with the Zoning Administrator regarding buffering options. Mr. Jarrell concurred with Mr. Woltz regarding accommodating Mr. Powell's buffering request. Mr. Jarrell inquired about lighting regulations. Mr. Thompson discussed this issue. Mr. Jarrell inquired about storage of vans, buses, and other church vehicles. Ms. Goodlatte discussed lighting concerns, noting the church does not intend to light the parking lot. She also stated buses will be stored in a discreet location, noting the petitioner is agreeable to suggested conditions regarding this issue. Ms. Hooker made a motion to recommend approval of the special use permit with the following conditions: 1. The site shall be developed in general conformance with the concept plan dated March 28, 2013, and prepared by Hughes & Associates. 2. The parking or storage of church vans or busses shall be prohibited. 3. No light poles or lighting fixtures shall be installed within the parking lot. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, Marrano, Peters, Woltz NAYES: None ABSTAIN: None 3. The petition of Carol Lachowicz to obtain a Special Use Permit in a AV, AgriculturalNillage Center, District for the operation of a automobile repair services, minor on approximately 4.476 acres, located at 8364 Bent Mountain Road, Windsor Hills Magisterial District. Ms. Cronise presented the staff report, including buffering, sight distance, future land use, and suggested conditions. Mr. Woltz inquired about screening of the property. Ms. Cronise discussed buffering options. Ms. Carol Lachowicz, 1606 Apple Grove Lane, discussed proposed buffering and landscaping. Mr. Woltz discussed citizen concerns regarding the appearance of the property. Ms. Cronise discussed screening requirements. Mr. Peters opened the public hearing for public comment. Mr. Edward Hayes, 7620 Countrywood Drive, President of the Countrywood Homeowners' Association, stated extending business hours contradicts the Page 5 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 neighborhood character of the area. He stated due to the topography of area, the business is lower than the residents making it difficult to completely screen the business from the neighborhood. He discussed the importance of screening the business from the development and not just Bent Mountain Road. He discussed stipulating the length of time vehicles can remain onsite and the importance of protecting the residential character of the area. Mr. Bill Turner, 7529 Countywood Drive, discussed the previous land use request regarding this property. He stated he understood Countrywood Drive would not be affected by the change of use. He stated the business will be visible to the neighborhood residents. He stated the installation of a fence will not screen the property from the residents. With no other citizens requesting to speak, Mr. Peters closed the public hearing. Mr. Woltz discussed the difficulty of screening of the property due topography of the site. He discussed limiting the number of vehicles allowed on the lot and hours of operation. Mr. Marrano inquired if the vehicles could be stored behind the building. Ms. Lachowicz discussed this issue, noting the property which can be seen from Countywood Drive is maintained. She discussed the site plan. Mr. Woltz noted some of the houses look down on the business. Ms. Lachowicz stated vehicles could be placed to the side of the building. Mr. Marrano inquired about the sight distance, traffic counts, and entrance to the property. Ms. Cronise discussed these issues. Ms. Lachowicz noted her son resides near the proposed business. Mr. Marrano inquired about the number of mechanics on the site. Ms. Lachowicz noted one mechanic will be onsite. Mr. Jarrell discussed not permitting numerous vehicles to remain on the lot, but noted convenience store patrons are permitted to park onsite. Ms. Cronise noted the purpose of the request is for minor auto repairs. Mr. Thompson discussed regulation of hours of operation. Mr. Woltz made a motion to recommend approval of the special use permit with the following conditions: 1. The freestanding sign shall not exceed 10 square feet in size and six feet in overall height. 2. Hours of operation shall be from 8 a.m. to 7 p.m. Monday through Saturday. 3. Any vehicle on site for more than 24 hours shall be screened from view from Bent Mountain Road. 4. The use shall be limited to the structure located at 8364 Bent Mountain Road and the large graveled area outside of the building as shown on the concept plan. Mr. Thompson called the roll and the motion passed (4 -1) with the following vote: AYES: Hooker, Jarrell, Peters, Woltz NAYES: Marrano ABSTAIN: None Page 6 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 4. The petition of Pelewoo Properties LLC to obtain a Special Use Permit in a C -2C, General Commercial, District with conditions for the operation of an automobile dealership, used on approximately 1.57 acres, located at 6802 Peters Creek Road and 7323 Deer Branch Road, Hollins Magisterial District. Ms. Pattisall presented the staff reported including a history of the petition, noting the request is to allow used vehicles to be sold from this site. Mr. Jarrell discussed safety of delivery of vehicles from Peters Creek Road. Mr. Sean Horne, Balzer and Associates discussed this issue, noting deliveries for used vehicles are usually handled differently than new vehicles. Mr. Thompson discussed the enforceability of this issue, noting it is not a zoning issue. Mr. Peters opened the public hearing for public comment. With no citizens requesting to speak, Mr. Peters closed the public hearing. Mr. Jarrell made a motion to recommend approval of the special use permit. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, Marrano, Peters, Woltz NAYES: None ABSTAIN: None 5. The petition of Charles S. Wells to rezone approximately 1.0 acre from C -2C, General Commercial, District with conditions to I -2C, High Intensity Industrial, District with conditions, located at 3327 Shawnee Drive in the Glenvar area, Catawba Magisterial District. Ms. Pattisall presented the staff report, including a brief history of the petition and the proffered conditions. Ms. Hooker inquired about signage. Ms. Pattisall and the Commissioners discussed this issue. Mr. Marrano inquired about stormwater management. Ms. Pattisall stated stormwater management and parking requirements would be addressed during the site plan review process. Mr. Peters opened the public hearing for public comment. With no citizens requesting to speak, Mr. Peters closed the public hearing. Ms. Hooker made a motion to recommend approval of the rezoning with the following proffered conditions: 1. The subject property will be utilized solely as a construction yard. 2. Any freestanding sign on the property shall not exceed fifteen (15) feet in height with a minimum setback of fifteen (15) feet. 3. The maximum height of any structure shall not exceed forty -five (45) feet in height. Page 7of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, Marrano, Peters, Woltz NAYES: None ABSTAIN: None Final Orders 1. The petition of Wendy's of Western Virginia, Inc. to obtain a Special Use Permit in a C -2S, General Commercial, District with Special Use Permit to increase a drive -in or fast food restaurant by more than ten percent (10 %) on approximately 1.296 acres, located at 4369 and 4377 Electric Road, Cave Spring Magisterial District, was approved by the Board of Supervisors at a Public Hearing on May 28, 2013. 2. The petition of Seventh Day Adventist Reform Movement to obtain a Special Use Permit in a C -2, General Commercial, District for the operation of a religious assembly on approximately 11.685 acres, located at 5248 Hollins Road, Hollins Magisterial District, was approved by the Board of Supervisors at a Public Hearing on May 28, 2013. 3. The petition of Mount Union Church of the Brethren Trustees to obtain a Special Use Permit in an AR, Agricultural /Residential, District for the operation of a religious assembly on approximately 5.45 acres, located at 9240 Bent Mountain Road (near its intersection with Airpoint Road and Tinsley Lane), Windsor Hills Magisterial District, was approved by the Board of Supervisors at a Public Hearing on May 28, 2013. 4. The petition of Seaside Heights, LLC to amend the proffered conditions and proffered Master Plan and to obtain a Special Use Permit in a C -2S, General Commercial, District with Special Use Permit for the operation of a drive -in or fast food restaurant on approximately 2.088 acres, located at 4510 Brambleton Avenue, Cave Spring Magisterial District, was approved by the Board of Supervisors at a Public Hearing on May 28, 2013. Citizen Comments With no citizens requesting to speak, Mr. Peters closed the citizen comment period. Commissioners' and Staff Comments Mr. Marrano congratulated the County on the opening of the South County Library Wetlands Trail. He also provided an update on the Back Creek Greenway plans. Mr. Thompson stated that no applications were received for the July 2, 2013 Planning Commission Public Hearing. Mr. Peters made a motion to cancel the July 2, 2013 Planning Commission Work Session and Public Hearing, which passed 5 -0. Mr. Thompson discussed the timeline regarding the proposed Zoning Ordinance amendments, noting the Planning Commission Public Hearing is currently scheduled for August 6, 2013. Page 8 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 4, 2013 With no further business or comments, Mr. Peters adjourned the meeting at 8:44 p.m. Respectfully Submitted: Jaso Peters Chairman, Roanoke County Planning Commission Page 9 of 9