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HomeMy WebLinkAbout2/7/2023 - Minutes *,+ Y''+ ROANOKE COUNTY LT PLANNING COMMISSION PUBLIC HEARING MINUTES FEBRUARY 7, 2023 Commissioners Present: Mr. Troy Henderson, Chairman (arrived during the consent agenda) Mr. Rick James, Vice-Chairman Mr. Kelly McMurray Mr. Wayne Bower Mr. Jim Woltz(arrived during the consent agenda) Staff Present: Mr. Phillip Thompson, Secretary Ms. Mary Beth Nash, Esquire, Senior Assistant County Attorney Ms. Alyssa Dunbar Ms. Megan Cronise Mr. Will Crawford Mr. Ross Hammes Mr. Alex Jones Ms. Cecelia Thomas, Recording Secretary Call to Order Mr. James called the meeting to order at 4:01 p.m. Approval of Agenda Mr. Bower made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. McMurray made a motion to approve the December 6, 2022, minutes and the December 20, 2022, minutes which passed 3-0. Consent Agenda 1. The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District. Ms. Dunbar presented the petition and reviewed the current use, zoning, and future land use designation. Mr. James questioned if there is an access easement, which was confirmed. It was noted to not be in conformance with the future land use designation or with the 419 Town Center Plan. Mr. Bower questioned if the applicant has spoken with Economic Development about finding a better location that is in conformance with the future land use designation. Mr. Thompson noted that he does not know if they have spoken with Economic Development, but planning staff has tried to discourage moving forward with the application due to it not being in conformance. He noted that they have also spoken with their Board of Supervisor member who informed them that it is not in conformance with the future land use designation. Mr. ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 7, 2023 James questioned if they have representation. Mr. Thompson noted that he believes that they do. 2. A proposed amendment to the Roanoke County Comprehensive Plan. The proposed amendment would incorporate the U.S. Route 460 Land Use and Connectivity Study into the Roanoke County Comprehensive Plan. Mr. Thompson reviewed the history of the study. Mr. James made a motion to approve the consent agenda, which passed 5-0. Discussion of Zoning Ordinance Amendments Ms. Dunbar noted that staff would like the Planning Commission to review the commercial kennel permit and definition. She noted that the zoning ordinance states that a commercial kennel is not allowed in R-1. She explained that Ms. Anderson was open to rezoning to AG-3, but would not meet the 100-foot setback requirement for a commercial kennel. Mr. James noted that his understanding for the 100-foot setback was to address concerns regarding noise and obtrusive smells. Mr. Thompson noted that he is unsure of the reasoning for the 100-foot setback, and explained he has not seen a request for a commercial kennel in the 16 and half years he has been with Roanoke County. Mr. Thompson noted that Ms. Anderson already has a multiple-dog permit, which is allowed by right on her property. He explained that to have a multiple- dog permit you have to meet a 25-foot setback requirement, which she does. Ms. Anderson noted that she has been breeding for 8-9 years. She explained that she only breeds italian greyhounds, and on average sells 20 puppies a year. She went on to explain that there only two times each year that the dogs are in heat and can have puppies, and not all of the puppies survive due to their fragile nature. She informed the Planning Commission that she is certified through the American Kennel Club (AKC), and that most reputable breeders are AKC certified. Mr. James questioned AKC standards for the living facilities. Ms. Anderson noted that she was not aware of any standards, but was motivated due to buyers coming to her house to maintain high standards. Mr. Woltz made a motion to authorize staff to develop proposed amendments to the zoning ordinance. The motion passed 5-0. Discussion and Action on 2022 Planning Commission Annual Report Mr. Jones reviewed the major highlights of the 2022 Annual Report. Mr. Bower made a motion to approve the 2022 Planning Commission Annual Report, which passed 5-0. Discussion on Roanoke County 200 Plan Mr. Thompson reviewed the draft of the Roanoke County 200 Plan maps. Mr. Jones presented the Planning Commissioners with the summary of the data from the Spring 200 Plan meetings. Citizen's Comments There were none. Page 2 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 7,2023 Comments of Planning Commissioners and Planning Staff Mr. Thompson reviewed the proffer statement from Cellco Partnership DBA Verizon Wireless and noted that they had been updated. Adjournment Mr. Henderson adjourned the meeting for dinner at 5:38 p.m. EVENING SESSION Mr. Henderson called the meeting to order at 7:00 p.m. Invocation Mr. James led the invocation and the pledge of allegiance. Public Hearings 1. The petition of Cellco Partnership DBA Verizon Wireless to amend a proffer condition and to obtain a special use permit for a broadcasting tower approximately 124 feet in height on approximately 4.81 acres of land zoned C- 2C, High Intensity Commercial District with conditions located at 2918 Peters Creek Road, Catawba Magisterial District. Ms. Dubar presented the current zoning, proposed use, and future land use designation. It was noted that the proposed use is consistent with the Future Land Use designation. She reviewed the proposed conditions. Charlie Alvis did a presentation on behalf of Verizon Wireless that went over the site plan for the project. Mr. Woltz questioned the number of how many co-locators there might be. Mr. Alvis noted that they are only proposing three. Mr. Henderson opened the public hearing, and with no speakers closed the public hearing. Mr. James questioned if there were any propagation maps that would disclose the need for a cell tower. Mr. Thompson noted that the County is no longer allowed to require propagation maps per state code. However, he does not find that towers are being built if there is no need. Mr. James asked Mr. Sam Averna to elaborate on the need for the tower. It was noted that the tower is being proposed to improve the overall quality of service for the area. Mr. Henderson made a motion to approve the application to amend a proffer condtion and approve a special use permit for a 124-foot broadcasting tower with two (2) conditions: 1. The broadcasting tower shall be developed in substantial conformance with the concept plans for VZW — Westminster — Rawland prepared by Tectonic Engineering Consultants P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. Page 3 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 7,2023 2. The broadcasting tower shall not exceed 124 feet in height. The motion passed 5-0. 2. The petition of Engineering Concepts, Inc. to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height located on approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve District, located in the 2600 block of Summit Ridge Road, Hollins Magisterial District. Mr. Crawford presented on the current zoning, proposed use, and future land use designation. He noted that the proposed use is consistent with the future land use designation. Mr. Woltz questioned if the water tower is allowed under the conservation easement. It was confirmed by Mr. Crawford that the water tower is allowed within the restrictions of the conservation easement. Mr. Bobby Wampler reviewed the history of the project. Mr. Woltz questioned if the property will be given to the Western Virginia Water Authority, which was confirmed. Mr. Henderson opened the public hearing. Robert M. Door, 2866 Summit Ridge Road, thanked the Planning Commissioners for their time. He noted that he received the adjoiner letter a month ago and that he was caught off guard by the project. He noted that he is interested in understanding the scope of the project, and noted his concerns with the fairness of the money and if it is being spent correctly. He explained that he is concerned about the water being pumped down the mountain. He is worried about who will be given the water when things get tight. He questioned who is paying for the project. He noted that it looks like the County prepared it with their consultant with a $378,000 construction estimate. He noted his concern about who was going to pay for that. He wanted to know the other costs, excluding construction. He noted the area on the adjoiner letter stating that water excess is going to be prepared for the potential 180 homes. He wants to ensure that F&W will be charged the same amount as the people who live in the communities. He wants to ensure that they will have to pay a connection fee. He believes that the people who move into the homes need to pay that fee too. He questions if the design has future design expansion capabilities. He also questioned if an essential electrical system is going in if the pump on the water tank fails. He noted his concern about losing water pressure on Summit Ridge Road. He assumes that Western Virginia Water Authority will be controlling the valves. He questioned if any other studies were being done. He also questioned if there is sufficient water pressure to put out a fire on the mountain. He noted that he is surprised more Page 4 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 7,2023 people have not shown up from the area. He noted that the aesthetics of the tower probably are not an issue. Mr. Henderson closed the public hearing. Mr. Bower questioned Mr. Wampler who is paying for the water tank. Mr. Wampler noted that the special use permit is strictly for the right to build the tank. At the time they originally planned for the water tank, that would have been done by Fralin & Waldron Inc., and then given to the Western Virginia Water Authority. Mr. Bower had Mr. Wampler clarify that he is hired privately by Fralin & Waldron Inc., and is not being paid by Roanoke County which Mr. Wampler confirmed. Mr. Bower noted that he was informed that the additional water tank should increase the water pressure if there were to ever be a fire, which Mr. Wampler also confirmed. Mr. James questioned if electrical service is supplied. Mr. Wampler noted that he does not believe there would be, and clarified that the tank would operate by gravity. Mr. Wampler addressed expansion, and given the strict easement, there is no room for expansion. Mr. Door commented on the water pumps and the elevation difference between the existing water tower and the proposed water tower. Mr. Bower questioned Mr. Henderson that if Fralin & Waldron Inc., builds 150 houses they will be required to pay connection fees. Mr. Henderson noted that they will have to pay for each individual connection. Mr. Bower made a motion to approve the application for a special use permit with two conditions: 1. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet#5) prepared by Lumsden Associates, P.C. dated February 14, 2007. 2. The water tank shall not exceed 43 feet in height. The motion passed 5-0. Citizen's Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Thompson noted that all of the Planning Commissioners should have received a finalized copy of their 2023 Work Plan as well as a copy of the Board of Supervisors Strategic Plan. Final Orders Page 5 of 6 4 ` ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 7, 2023 The special use permit for Panda Storage and Rentals was approved by the Board of Supervisors at its January 10th meeting. The special use permit for Greg and Amanda Speiran was approved by the Board of Supervisors at its January 24th meeting. Adiournment Mr. Henderson adjourned the meeting at 8:05 p.m. Respectfully Submitted: i2ll1up s Cecelia Thomas Record' . ecret�Roanoke County Planning Commission Philip Tho p on , Secretary, Roanoke County Planning Commission � C Troy Hend o Chairman, noke County Planning Commission Page 6 of 6