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HomeMy WebLinkAbout8/1/2023 - Minutes (i ofF ROANOKE COUNTY o`��• ro PLANNING COMMISSION MEETING MINUTES AUGUST 1, 2023 Commissioners Present: Mr. Troy Henderson, Chairman Mr. Rick James, Vice-Chairman Mr. Wayne Bower Mr. Kelly McMurray Mr. Jim Woltz (arrived for the evening session) Staff Present: Mr. Philip Thompson, Secretary Ms. Rachel Lower, Senior Assistant County Attorney Ms. Rebecca James Mr. Lionel Cruz-Cruz Ms. Cecelia Thomas, Recording Secretary Call to Order Mr. Henderson called the meeting to order at 4:09 p.m. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 4-0. Approval of Minutes Mr. Bower made a motion to approve the minutes from June 6 2023, which passed 4- 0. Consent Agenda: September 5, 2023 1. The petition of Roanoke County Public Schools to rezone approximately 12.013 acres from R-3, Medium Density Multi-Family Residential District, to C-1, Low Intensity Commercial District, and to remove the proffered condition on approximately 5.0 acres of land zoned C-1 C, Low Intensity Commercial District with conditions, located at the end of Burlington.Drive, 6305 Peters Creek Road, and 1120 East Drive, Hollins Magisterial District. Ms. James presented the application and reviewed the current zoning and future land use designation. Mr. Bower questioned removing the proffer regarding access to Burlington so it can be used as emergency access to the proposed school. Mr. James questioned why the applicant is not proffering substantial or general conformance with the concept plan. Mr. Thompson explained that the proffers would be on the two parcels zoned R-3 and one of the parcels zoned C-1. They also are unsure if this is the final concept for the school. Mr. Bower questioned if serving on the CTE Citizen's Advisory Committee would pose a conflict of interest, and was informed by Ms. Lower that it would not. • ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 1,2023 Mr. McMurray made a motion to approve the consent agenda, which passed 4-0. Citizen's Comments There were none. Comments of Planning Commissioners and Planning Staff Ms. James notified the Planning Commissioners that there may be five applications submitted for their October meeting. Mr. Thompson informed the Planning Commissioners that the Transportation Planner position has been filled by Nathan Grim. Mr. Thompson noted that the Planning department is also in the hiring process for another Planner I / Code Enforcement Officer. Adjournment for Site Viewing Mr. Henderson adjourned the meeting at 4:42 p.m. for site viewing. EVENING SESSION Mr. Henderson called the meeting to order at 7:01 p.m. Invocation Mr. Bower led the invocation and pledge of allegiance. Public Hearings 1. The petition of LaTinya Lambert to obtain a special use permit to operate a short-term rental on approximately 0.2857 acre of land zoned R-1, Low Density Residential District, located at 5064 Sunnyside Drive, Cave Spring Magisterial District. Mr. Cruz-Cruz presented the application and discussed the current zoning and future land use Designation. Mr. McMurray questioned if this has been operating as a short-term rental, which was confirmed. They have been in operation since July 2022. Mr. James questioned if staff has received any complaints. Mr. Cruz-Cruz noted that he had received three complaints in opposition to the land use application, but no complaints prior to this application being submitted. Mr. Cruz-Cruz reviewed the received complaints. Danielle Thomas, 2227 Bailey Ave, explained that the owner of the property is a traveling nurse so she helps manage the property. She helps LaTinya Lambert manage the house. She explained that they had been operating with no complaints, and that they worked with the County after receiving a letter about needing a permit. She noted that when no one is staying at the home, a neighbor helps make sure the trash is taken out. She noted that there is someone staying in the home currently who is a traveling nurse. Individuals are able to stay 3-30 days at a time. She explained that she watches the house if there are any concerns. Ms. Lambert does stay in the home when she is in town, so all of the house is available except her master bedroom which stays locked. When she is there, the house in not available to rent. Mr. Woltz questioned how many nights a month they rent the house. Ms. Thomas explained that they are busier in the summer and are renting the house between 15-20 nights of the month. Mr. Woltz confirmed that they have house rules. Page 2 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 1, 2023 Mr. Henderson opened the public hearing. Ernie Wade, 5056 Sunnyside Drive, noted his concern regarding safety and security. Theoretically, he explained that they could have 365 different people staying in the home a year. He noted concerns about who is coming and going. He explained that there is not a lot of space between his space and the proposed short-term rental. He noted that he has found a candle encased in glass in his backyard. He insists it was thrown into his yard to harm his dogs. He noted that someone staying there could throw a poison biscuit over the fence to poison his dogs. He is concerned about potential noise, and that people will throw beer cans in the front yard when partying in the house. He explained that Roanoke County is setting a precedent; he does not know how many other people would want to do this with their property. He would prefer long-term rentals to keep the neighborhood stable. Louis Wade, 5056 Sunnyside Drive, noted that she is next door to the house that is a proposed short-term rental. She is concerned with what a rezoning will do to their taxes. She is also concerned about the upkeep of the property. She noted that there is a large pine tree growing into her driveway. She is concerned about the little kids running up and down the street when school is in. If there are more people coming in, she does not want one of them to be hit by a car. She questioned if there are any stipulations to regulate only four people being in the house. She emphasized that she does not want to hear any loud parties. Mr. Henderson closed the public hearing. Ms. Lower noted that since being in operation, there have been no calls for service at the address. Mr. Woltz questioned if Ms. Wade has heard any loud noises at the house next door. She explained that she has heard it once. He asked if they have been given a phone number to contact if there are loud noises. Mr. James clarified that this is not a rezoning application, it is an application for use type and thus there should be no change in taxes for the neighbors. Mr. Woltz recommended providing contact information to the neighbors in case something is happening against the house rules. Ms. Thomas stated that she is happy to see what can be done about the pine tree. She explained that the neighbor across the street has her contact information and that they also have ring cameras to enforce the number of guests allowed. She stated that she is happy to provide her contact information to the neighbors. Mr. Thompson explained that if there are issues at the property, the zoning administrator reserves the right to revoke the zoning permit. Mr. McMurray made a motion to approve the application, with one condition: 1. The number of overnight guests shall not exceed four(4) people. The motion passed 5-0. Page 3 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 1, 2023 Citizens' Comments There were none. Comments of Planning Commissioners and Staff There were none. Final Orders Mr. Thompson reviewed the two applications that went before the Board of Supervisors in June. He explained that the short-term rental for Larry and Rhonda Conner was approved. The rezoning application for Parker Design Group, Inc. was approved. The zoning ordinance amendments revising Industry Type I and Type II, Commercial Kennel, and Home Occupations standards were also approved. Adjournment Mr. Henderson adjourned the meeting at 7:44 p.m. Respectfully Submitted: Cecelia Thomas Record'.- Secretary, Roanoke County Planning Commission 9 Philip T)•mpson Secret.ry., Roanoke County Planning Commission Troy Hen: - y Chairman, �oanoke County Planning Commission Page 4 of 4