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HomeMy WebLinkAbout5/2/2023 - Minutes „sof*, ROANOKE COUNTY = PLANNING COMMISSION 1838'� MEETING MINUTES MAY 2, 2023 Commissioners Present: Mr. Rick James, Vice-Chairman Mr. Wayne Bower Mr. Kelly McMurray Commissioners Absent: Mr. Troy Henderson, Chairman Mr. Jim Woltz Staff Present: Mr. Phillip Thompson, Secretary Ms. Rachel Lower, Senior Assistant County Attorney Ms. Rebecca James Ms. Alyssa Dunbar Mr. Lionel Cruz-Cruz Mr. Ross Hammes Mr. Alex Jones - Mr. Isaac Henry Ms. Cecelia Thomas; Recording Secretary Call to Order Mr. James called the meeting to order at.4:07 p.m. Approval of Agenda Mr. McMurray made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. Bower made a motion to approve the minutes from April 18, 2023, which passed 3- 0. Consent Agenda: June 6, 2023 1. The petition of Larry and Rhonda Conner to obtain a special use permit to operate a short-term rental on approximately 1.32 acres of land zoned R-1, Low Density Residential District, located at 5859 Bent Mountain Road,.Windsor Hills Magisterial District. Mr. Cruz-Cruz presented the existing zoning and the future land use designation. Mr. James questioned if this had already been operating prior, which was confirmed. Mr. Thompson explained that staff has reached out to short term rentals operating in Roanoke County to inform them that they need.a special use permit.. 2. The petition of Parker Design Group, Inc. to obtain a special use permit for religious assembly on approximately 2.91 acres of land zoned C-2, High Intensity Commercial ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 District, located on Oakland Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard, Hollins Magisterial District. Ms. Dunbar presented the existing zoning and the future land use designation. 3. Proposed amendments to the Roanoke County Zoning Ordinance.. The proposed amendments would: add a definition for data center, and amend the definitions of multiple dog permit, commercial kennel, and industry, type I in Article II (Definitions and Use Types); add single family dwelling, attached (cluster subdivision option) and single family dwelling, detached (cluster subdivision ordinance) as permitted uses in the AR (Agricultural/Residential) District in Article Ill (District Regulations); and amend the use and design standards for home occupations, type I and type II, and for single family dwelling, attached and detached (cluster subdivision option), and amend the accessory uses for industrial use types in Article IV (Use and Design Standards). Mr. Thompson presented the proposed amendments. Mr. Bower made a motion to approve the consent agenda, which passed 3-0. Discussion of Roanoke County 200 Plan Mr. Jones presented the Roanoke County 200 Plan survey results. He explained that 40 survey respondents comments on the open feedback form to provide comments on the County as a whole and/or a specific Community Planning Area. Mr. Hammes reviewed the common themes of the survey results. Mr. Thompson noted that the Planning Commission will be provided with a report from staff showing how the comments received are addressed. Citizen's Comments There were no comments. Comments of Planning Commissioners and Planning Staff Mr. James thanked staff for their efforts. Mr. Thompson noted the number of citizens signed up to speak. Mr. Jones reviewed Arbor Day celebrations. Adjournment Mr. James adjourned for dinner at 5:34 pm. EVENING SESSION Mr. James called the meeting to order at 7:00 pm. Invocation/ Pledge of Allegiance Mr. Bower led the invocation and pledge of allegiance. Public Hearings 1. The petition of Terio and Lisa Comerose to remove the existing proffered conditions on approximately 14.713 acres of land zoned AVCS, AgriculturalNillage Center District with Conditions and Special Use Permit, and AR, Agricultural/Residential District, located at 9651 Bent Mountain Road, 9744 Tinsley Lane, and 9786 Tinsley Lane, Page2of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 Windsor Hills Magisterial District. Ms. Dunbar presented the existing conditions and future land use designation. Mr. Stover, a representative for the applicant spoke regarding the history of the property. Mr. James opened the public hearing. Kim Conrad, 9696 Tinsley Lane, explained that it is the understanding of the community that they want-to build a grocery store. She noted this in her comments that she shall refer to the project as a community store. She explained that during the 200 Plan meetings they would know that the community requested little to no development. She explained that the community instead requested to protect to improve our natural resources and preserve the natural beauty of the mountain. She explained that her home stretches from Tinsley to Route 221, the same as the Comerose property. She noted that she sees people biking, running, walking their dog, or walking for exercise. She explained that people come to Bent Mountain for all of the natural resources that it has to offer. She questioned what a grocery store could add to that. She mentioned her traffic concerns due to it being a long straight road that many people speed down, and how this could be a traffic concern. Ms. Conrad noted all of the grocery stores already on the mountain that sell local produce and goods. With only 820 people on the mountain, she questioned how they would be able to sustain another business. She further explained that within fifteen minutes down the mountain there are two Kroger stores and two Food Lions. She noted that they do not need another grocery store. Kenney Wimmer, 9168 Lookout Lane, welcomed Terio and Lisa Comerose to Bent Mountain. He noted that he is here to represent several people here tonight. He noted one of those people is Ed Elswick, but he wanted Mr. Wimmer to pass along that he is against a grocery store. He noted that there are also people who are not able to be here tonight that are against this grocery store. He explained that the people of Bent Mountain are passionate, and a wonderful community. He questioned sewage, water, and hours of operation. He noted all of the previous stores that have closed on Bent Mountain. He thanked Terio for his service, noting that he had heard he was a veteran. He closed saying that Bent Mountain wants to welcome the Comeroses with open arms. Delia Hawkes, noted that she does not find this to be an emotional decision. She explained that there are lots of things unknown. She stated that she believes that there is not enough information. She stated that she has not heard why Agricultural zoned land is being allowed as a grocery store. She explained that she has gone through things in her life to protect her land. She noted that everything that is known is about the Comeroses. She explained that she heard that Terio works with data centers, and fears that a data center will be built. She questioned how often they have moved in the last few years, Page3of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 and why they have not stayed long. She explained that what is done with this land is going to affect a lot of people. Mr. James closed the public hearing. Mr. James clarified that we are not here to talk about a country store or anything of the sort. He explained that the decision being made tonight is in regards to removing proffered conditions to allow the building of two residential homes. Mr. Thompson reiterated that the Planning Commission is not voting on a convenience store. Through the process of rezoning, an applicant can volunteer certain conditions to minimize impact. Glen Reed, offered one that limited what could be built to what was shown on the concept plan in 2011. When the land was sold, the Comerose's want to build two houses on the land. However, houses were not on the proffered concept plan. Thus, they are here to remove those conditions. The right to build a convenience store is already valid based on the special use permit granted in 2011. The General Assembly keeps extending how long vested rights are granted for Special Use Permits. Until that expires, the Comerose's have the right to build a grocery/convenience store on the land. They will still need a permit, but they have a special use permit that is valid. Mr. Bower clarified that they are voting to remove conditions so that the Comerose's may build two houses, which was confirmed. Mr. Bower questioned if removing the conditions would affect the size of the store the Comerose's would be allowed to build. Mr. Thompson noted that they would be limited by the zoning, and only allowed to build up to 3,000 square feet. Mr. Bower made a motion to approve the application to remove the proffered conditions, which passed 3-0. 2. The petition of Boing US Holdco, Inc., to obtain a special use permit to operate a car wash on approximately 1.97 acres of land zoned C-2, High Intensity Commercial District, and CVOD, Clearbrook Village Overlay District, located at 3434 Buck Mountain Road and 5147 Franklin Road, Cave Spring Magisterial District. Mr. Henry presented the existing zoning and the future land use designation. Mr. Blake Smith provided information on the company that operates Take 5 car washes. Mr. James opened the public hearing. Shelby Campbell, 5498 Indian Grove Road, noted that she does not want to see WillowTree close. She explained that Willowtree is not an antique store, but a store that houses over 100 local vendors. She explained that it is hurtful to take away the store that houses so many local small businesses. She noted all of the accidents on the road. She also provided the Planning Commission with two lots that are for sale and that she believes a better place for a car wash. She explained that she has been a vendor at Willowtree since 2018, and wants to save what she has been working on. She noted that she doesn't know where they will find another place where they can go. She Page 4 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 explained that there are other places where this car wash could go that would be safe. Mr. James closed the public hearing. Mr. James reviewed the traffic information regarding the car wash that was mentioned in the packet for the citizen's in attendance. Mr. Bower noted that the owner of the parcel wishes to sell the land, then the car wash is not the reason WillowTree is closing. The land has been for sale for years, and if it is not this business it will be another one in the future. Mr. McMurray made a motion to approve the application with two (2) conditions, which passed 3-0. 3. The petition of Martie Murphy to obtain a special use permit to operate a car wash on approximately.5.995 acres of land zoned C-2, High Intensity Commercial District, and C-2C, High Intensity Commercial District with conditions, located at 3939 Valley Gateway Boulevard, Vinton Magisterial District. Ms. Dunbar presented the existing conditions and the future land use designation. Mr. Alex Perry noted he was available to answer any questions. Mr. James opened the public hearing. Mr. James reviewed the written comments that had been submitted. With no citizens wishing to speak, Mr. James closed the public hearing. Mr. James made a motion to approve the application with two (2) conditions, which passed 3-0. The Planning Commission recessed for five minutes, resuming at 8:40 pm. 4. The petition of Hugo Jimenez to rezone approximately 1.24 acres of land from C-1, Low Intensity Commercial District to I-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 5681 Starkey Road, Cave Spring Magisterial District. Mr. Cruz-Cruz presented the current zoning, floodway, and future land use designation. Mr. Cruz-Cruz overviewed the concerns he had received from citizens. Mr. McMurray questioned the floodway regarding vehicles. Mr. Cruz-Cruz noted that the vehicles on the property have to be operable to be moved in the event of a flash flood. Mr. Jimenez, the applicant, spoke regarding the application and his desire to move his business to a permanent location on Starkey Road. He noted that nothing is stored on the site, but is picked up and delivered to the project site. Mr. James opened the public hearing. Steve Cronemeyer, 5615 Rockbridge Court, noted that he lives at Chantilly Place and is present to speak in opposition to rezoning this property. He noted concerns with noise from operations. Noted that he would like to discuss future land use designation errors with this application. He noted that Page 5 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 the 2005 Comprehensive Plan lists the future land use designation of this parcel as Core. He reviewed the appropriate uses listed for.that use type, and noted that he would find this to be a limited industrial use in designated economic opportunity areas. He stated that approving industry use on this parcel does not appear to fit the future land use designation of Core on this parcel. He noted that the verbage for Low Intensity Industrial District addresses in its terms that of slope and freedom from flooding. As the floodplain map attached to the staff report indicates this parcel does not qualify to be rezoned by that criteria. He pointed out that the proposed concept plan shows icemelt being stored on site, and believes that will be in violation of the County's Stormwater policies. He asked the Planning Commission to deny this request based on its nonconformance with the 2005 Comprehensive Plan and Roanoke County's Stormwater policies. Kathy Vanness, 5615 Rockbridge Court, voiced her opposition to this request. She noted the section of Starkey Road that they are on in is primarily residential, and believes that a construction yard would be out of character for this area. She also believes that it will negatively impact the residentially zoned areas. A construction yard with dump trucks and heavy equipment will bring unwanted traffic, noise, and dust to this section of Starkey Road. She noted that construction equipment inevitably leaks oil Or hydraulic fluids. She noted that with this property being on a flood plain a construction yard On this site could create a real possibility of hazardous runoff contaminating the water. She asked the Planning Commission to deny the request and noted that she sees these multiple problems as a negative impact on the nearby residents. Randy Eller, 5620 Rockbridge Court, noted his opposition to the changing from commercial to industrial. He noted that he was in the construction business for forty-two years and is well aware of what contributes to a construction yard. In all good intentions for all who operate them, but you can not change noise, traffic, dust, or turn lanes. He noted that the,property is very tight. He explained that this would be on a two lane road, right next to a bridge, on a flood plain. He noted that good intentions are important, but they do not protect the area. He noted his concern about property values; and noted he is against the project. Linda Kolnok, 5644 Rockbridge Court, noted that she is president of the Chantilly Place Homeowner's Association. She is here to represent the people on their quiet street. She asked everyone that lives on Rockbridge Court to put up their hands to show that they are concerned about the rezoning. She explained that they do not want to see this zoned from commercial to industrial. She noted that the main concern is traffic problems with the roundabout being installed. She worries that if this is approved that this could cause a backup in traffic with the dump trucks and pickup trucks with trailers. She also noted that the floodplain, and her concern with materials being stockpiled. She noted that they do not want more large Page6of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 vehicles on the road and noted concerns with pollution, equipement leaks into the nearby creek, noise, dust, and being an eyesore. She asked that the Planning Commission allow this to stay a residential area. David Flora, 4206 Kings Chase Drive, he noted that he has lived within half a mile of the proposed location all his life. He knows that after a construction yard comes in, they start to get ugly. If you look at the property when you are coming down Starkey Road you can look back into the property and see everything. There is nothing to block the property from view. He believes that it will be a detriment to the community. He noted that there are five nice subdivisions and an apartment complex within this property and the parkway. He noted that the people who drive Starkey Road daily will enjoy looking at a construction yard. He believes there must be a better location for this. He questioned if changing the property to light industrial make it easier for neighboring properties to be changed to industrial. He noted there are already large vehicles traveling the road, they do not want more truck traffic. He noted there are good neighborhoods near by that they would like to keep quiet and clean. Michele Meinhert, 1486 Hollybrook Road, noted that she is the current owner of the parcel being discussed. She noted that Mr. Jimenez has upkept the property the entire time she has owned it. She explained that he has kept that property looking beautiful, and she does not expect he will do anything less when he is storing his equipment there. She noted that he has been on Starkey Road for twenty years, so there will be no new traffic. The traffic has already been in existence. She noted that she believes that it is important to be concerned about the water. She noted that it is very important to her to protect the water. She noted that it is her understanding that those permits will be required before he would be allowed to use the property. She noted that she believes the terminology construction yard is the only thing in the zoning ordinance that would allow what he does. She noted that he is a landscaper, he houses his trucks and lawnmowers. He does not store mulch or dirt on the property. He takes his vehicles to Mulch and More or other businesses and loads it and takes it to the property where they are working. Fred Corbett, 5511 Stearns Avenue, noted that he also owns the property 5503 Stearns Avenue. He noted that when you look at the concept plan there are twenty-five vehicles parked on the lot. He does not know how they are going to make them all fit. He noted that)he still vividly remembers the flood in 1985. He noted that when the creek flood, it floods fast. He noted that is a major concern for him. He wonders how the county would police this. The community is a mostly neat neighborhood, but he does not know how they would keep an eye of materials kept on site. He believes there can be a better use of the property. Mr. James closed the public hearing. Page 7 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2,2023 Mr. James requested Mr. Thompson address Mr. Cronemeyer's comments regarding the future land use designation and the floodway. Mr. Thompson noted the reference to the Economic Development areas, the maps were created in 1998. Those maps are part of the 2005 Comprehensive Plan and were not updated. The maps do not show any commercial or industrial areas for Starkey Road as the gentleman stated. He noted that it is important to consider that they are looking at an office use. The uses are all commercial or office. The only industrial use is the construction yard, and it is difficult because the ordinance does not list landscaping business. Mr. Thompson verified the icemelt is stored in bags in the garage, as anyone else in the flood plain would store. That would not be considered a stockpile of materials like mulch, straw, or rocks. Mr. Thompson noted that the Industrial definition discourages development in the floodway, but there are many properties zoned I-1 that are in the floodway. He noted that the Planning Commission should take that into consideration with everything else. Mr. McMurray noted he heard comments worried about the view into the property, but noted he saw a buffer on the front of the property on the plan. Mr. Cruz-Cruz noted that the applicant voluntarily offered the buffer on the front property line to maintain a neat property. Mr. McMurray made a motion to approve the application with the proffered condition and the special use permit condition, which was approved 2-1. Citizens' Comments There were none. Comments of Planning Commissioners and Staff Mr. McMurray welcomed Kevin Berry, a Planning Commissioner from Roanoke City. Adjournment Mr. James adjourned the meeting at 9:45pm. Respectfully Submitted: litliMa SeCelia Thomas Recor•'•: cretary, Roanoke County Planning Commission Philip-Tho/pson Secreta -, Roanoke County Planning Commission Page8of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES MAY 2, 2023 Troy Hender on Chairman, oa ke County Planning Commission Page 9 of 9