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HomeMy WebLinkAbout12/6/2022 - Minutes ROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES DECEMBER 6, 2022 Commissioners Present: Mr. Kelly McMurray, Chairman Mr. Troy Henderson, Vice-Chairman (arrived during the consent agenda) Mr. Wayne Bower Mr. Rick James Mr. Jim Woltz (present for the evening session) Staff Present: Mr. Phillip Thompson, Secretary Ms. Rachel Lower, Senior Assistant County Attorney Ms. Rebecca James Mr. Ross Hammes Mr. Isaac Henry Mr. Alex Jones Mr. Lionel Cruz-Cruz Ms. Alyssa Dunbar Ms. Cecelia Thomas, Recording Secretary Call to Order Mr. McMurray called the meeting to order at 4:08 p.m. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. Bower made a motion to approve the minutes from September 20, 2022, which passed 3-0-1 with Mr. James abstaining. Consent Agenda 1. The petition of Greg and Amanda Speiran to obtain a special use permit to operate a short-term rental on approximately 0.1608 acre on land zoned R-1, Low Density Residential, located at 3113 Fleetwood Avenue, Windsor Hills Magisterial District. Mr. Henry noted that the maximum number of guests would be six people. He noted that they expect to charge around $175.00 a night. They anticipate it to be rented 70% of the year, and not just on weekends. Mr. Bower questioned if they have been using the home for short-term rentals and if the home is empty right now. Mr. Henry noted that they have stated that they have been using it as long term rental. Mr. James made a motion to approve the consent agenda, which was passed 4-0. Update on West Roanoke River Greenway Feasibility Study Mr. Henry presented an update on the West Roanoke River Greenway Feasibility Study. Mr. Henry noted that this is a study they have been working on since this • ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 6,2022 summer, and plan to work on for a while. He explained that this has been listed as a top priority since 1995 and is part of the Valley to Valley Trail. He noted the VDOT study that was conducted and the funding received from the National Park Service Rivers, Trails, and Conservation Assistance (RTCA) program. He explained that the goal is to develop multiple feasible alignments for the greenway. Mr. Henry noted the coordination that will be required to connect the greenway from Roanoke County to Montgomery County. He reviewed the community meetings that were held in October and noted that there were 100 attendees between both meetings. He reviewed the data collected from the survey that was open from October 3rd to November 4th. Mr. James questioned how excited the Montgomery County staff are to have a greenway. Mr. Henry noted that staff is working to do a study to gauge enthusiasm, but they should have input from the community in the next year. Mr. Henderson questioned how many property owners it would take to make the greenway work. Mr. Henry noted that there are around 790 parcels with over 500 different owners in the study area. Discussion of 2023 Planning Commission Meeting Schedule Mr. Thompson overviewed the draft schedule for meetings in 2023. Mr. James made a motion to approve the amended schedule for meetings in 2023. The motion passed 4-0. Citizen Comments No citizens were present. Comments of Planning Commissioners and Planning Staff Mr. Bower confirmed that the public hearing is closed for the application being heard this evening. Mr. McMurray questioned how the request went with the applicant to request a proffer on hours of operation. Mr. Thompson noted that this is not the first time this has come up. Ms. Lower informed the Commissioners of the sample motions she had prepared and noted that Mary Beth-Nash will be filling in for her in early 2023 while she is on maternity leave. Adjournment for Site Visit Mr. James made a motion to adjourn for a site visit, which passed 4-0. Call to Order Mr. McMurray called the meeting to order at 7:00 p.m. Invocation and Pledge of Allegiance Mr. Henderson led the invocation. Action Item 1. The petition of Barnett Properties, LLC, to rezone approximately 9.38 acres from R-3C, Medium Density Multi-Family Residential District with conditions; R-1, Low Density Residential District; I-1C, Low Intensity Industrial District with conditions; C2-C, High Intensity Commercial District with conditions; and C-1, Low Intensity Commercial District; to C-2, High Intensity Commercial District, for retail sales located in the 4400 block of Brambleton Avenue including 4449 and 4457 Brambleton Avenue, and the Page 2 of 5 • ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 6, 2022 4500 and 4600 blocks of Old Cave Spring Road, Windsor Hills Magisterial District. Ms. Dunbar reviewed the concerns that were raised by citizens at the November 1st meeting. She reviewed the changes between the revised and original concept plans which included a 40-foot buffer between the building and the neighboring residential properties. The applicant also submitted a proffer statement. Mr. Maness noted their work to create a revised concept plan to have a 40-foot buffer adjoining the residential properties and an 8-foot tall privacy fence. They have proffered hours of operation from 6 a.m. to 12 a.m. Mr. Woltz thanked the applicant for revising the concept plan to address the concerns of the citizens. Mr. Woltz made a motion to approve the rezoning request with the proffered conditions, which passed 5-0. Mr. James noted that the applicant's willingness to offer substantial conformance with the concept plan made him more comfortable with supporting the project. The Planning Commission took a recess until 7:19 p.m. Public Hearings 1. Proposed amendments to the Roanoke County Zoning Ordinance. The proposed amendments would: amend the definition of halfway house in Article II (Definitions and Use Types); change halfway house from a special use to a permitted use in the AV (AgriculturalNillage Center) and C-2 (High Intensity Commercial) Districts, add halfway house as a permitted use in the C-1 (Low Intensity Commercial), I-1 (Low Intensity Industrial) and 1-2 (High Intensity Industrial) Districts, and add halfway house as a special use in the R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (Medium Density Multi-Family Residential), and R-4 (High Density Multi-Family Residential) Districts in Article III (District Regulations); and add use and design standards for halfway house in Article IV (Use and Design Standards). Mr. Thompson reviewed the history of the Board of Supervisors asking the Planning Commission to look into updating the definition of halfway houses. Mr. Thompson explained the additions to the ordinance requesting contact information, concept plans, and limiting the number of people residing in the house overnight to five persons. Mr. McMurray opened the public hearing. Travis Bird, 4011 Franklin Street, noted that he works as a counselor for Hope Center Ministries for drug and alcohol recovery. He explained they have 39 locations in 13 different states. He stated that there are 5 in the Commonwealth of Virginia. He noted that they have been approached by New Life Christian Ministries about opening a location in Roanoke County. He explained that his only criticism of the zoning ordinance amendments was to reconsider limiting the locations in Residential and Agricultural to 5 residents. He noted that all of their locations have 30-34 residents. He noted that they are buying homes that 5,000-20,000 square feet in size. He emphasized that they operate long term recovery centers. He noted that with 100,000 people in the last year have died from drug and alcohol addiction. With only 5 people being allowed into these recovering centers, he questioned what kind of impact they are making on the problem. 1 in 20 Page 3 of 5 • ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 6,2022 Americans struggles with drug addiction. He explained that the opioid epidemic is hitting us here, and to limit the number is to stifle the impact of people they can help fight addiction. Mr. McMurray closed the public hearing. Mr. James asked if Mr. Thompson could explain the differences between a halfway house and the facilities that offer inpatient care that allow 25-30 people can take place. Mr. Thompson noted that those facilities are currently allowed in Industrial and Commercial areas byright, just not Residential or Agricultural zoned areas. Mr. Thompson noted that when you are looking at those areas you will have an issue with water and sewer for 25- 30 people. He noted that there are places for this type of business to take place. Mr. Thompson recommended having the gentleman come and speak at a Work Session to explain the business to discuss other places it may fit. Mr. Bower made a motion to approve the amendments to the zoning ordinance, which passed 5-0. Citizens' Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Thompson noted that the State of the County Address is tomorrow morning. The Roanoke County Holiday Luncheon is next Thursday starting at 11:30 a.m. The Planning Commission will hear the application of Panda Storage Sales and Rentals on December 20th. Final Orders The special use permit application of Neil Aneja which was recommended for approval by the Planning Commission was denied by the Board of Supervisors at their November 9th meeting. Mr. Thompson noted that when the Planning Commission has a short-term rental there are times when it is appropriate and times when it is not. He reviewed previous short-term rentals that had been approved. The Board of Supervisors talked about wanting to know how many short term rentals are out there. Mr. Thompson also discussed the Commissioner of Revenue working on receiving taxes for short-term rentals from sites like AirBnB and VRBO. Ms. Dunbar did a great job analyzing the information. There are 50 Air BnBs that are out there that may need special use permits. Mr. McMurray adjourned the meeting at 7:52 p.m. Page 4 of 5 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 6, 2022 Respectfully Submitted: Cecelia Thomas Rec. ; ecretary, Roanoke County Planning Commission • , J. Philip Th. pson Secreta , Roanoke County Planning Commission L Z— Chairman, Roanoke County Planning Commission Page 5 of 5