Loading...
HomeMy WebLinkAbout8/6/2024 - Minutes �p°""°�F ROANOKE COUNTY PLANNING COMMISSION reaa MEETING MINUTES August 6, 2024. Commissioners Present: Mr. Rick ames, Chairman_ Mr. Wayne Bower, Vice-Chairman Mr. Jim Woltz Mr. Kelly McMurray Mr. Troy Henderson Staff Present: Mr. Philip Thompson, Secretary Ms. Rachel Lower, Deputy County.Attorney Ms. Skylar Camerlinck, Planner Ms. Megan Cronise, Assistant Director of Planning Mr. Nathan Grim, Transportation Planner Mr. Ross Hammes, Planner II Ms. Sarah Gilmore, Planner II Ms. Rebecca James, Zoning Administrator Ms. Cecelia Thomas, Recording Secretary Guest Present: Thomas Ruff, Timmons.Group Call to Order Mr. James called the meeting to order at 4:05 p.m. Approval of Agenda Mr. Henderson made a motion to approve the agenda, which passed5-0. Approval of Minutes Mr. Woltz made a.motion to approve the meeting minutes from June 4, 2024. The motion passed 5-0. Consent Agenda 1. The petition of Dale Wilkinson to rezone approximately 21.39 acres of land zoned I-1., Low Intensity Industrial District, to R-3, Medium Density Multi-Family Residential District, in order to develop a 225-lot subdivision, located at 7812 Sanderson Drive,. Hollins Magisterial District. Ms. Skylar Camerlinck presented an overview of the petition, the current use, proposed use, and future land use designation. She relayed concerns from citizens that attended the community meeting. She noted that the primary concern is regarding traffic. Ms. Camerlinck noted that there may be a need for a continuance due to comments made at the community meeting that would require a new concept plan and a potential revision to the traffic impact analysis. ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6, 2024 2. Proposed Amendment to the Zoning Ordinance. The proposed amendments would: add an asterisk to retail sales indicating additional, modified or more stringent standards as listed in article IV, use and design standards in the C-1 Low Intensity Commercial District, C-2 High Intensity Commercial District, and I-1 Low Intensity Industrial District in Article III (District Regulations); add a use and design standard for retail sales prohibiting the sale of tobacco products, vapor products, alternative nicotine products, or hemp products intended for smoking on properties located within 1,000 feet of a principal school building in Article IV (Use and Design Standards); and amend the information required for site development plans listed in Sec. 30-90-1 of Article V (Development Standards). Mr. James verified that the Board of Supervisors requested that the Planning Commission review the proposed amendment. Mr. Bower made a motion to approve the consent agenda, which passed 5-0. Discussion of Safe Routes for All Safety Action Plan Thomas Ruff presented an overview of Safe Streets and Roads for All Comprehensive Safety Action Plan. He reviewed the crash data, crash analysis, and the crash analysis background. He reviewed the received survey comments. Community meetings will be held in early-September. Ms. Cronise noted that staff is promoting the Route 460 Public Hearing hosted by VDOT on August 22nd at Bonsack Elementary School from 5-7 p.m. and invited the Planning Commission to attend. Discussion of Zoning Ordinance Amendments Mr. Thompson presented the potential zoning ordinance amendment regarding the sale of tobacco within 1,000 feet of a school. He noted that staff initially looked at daycare centers as well. However, there could potentially be many daycares, for example daycares within churches, that staff are not aware of. Thus, staff decided to limit the proposed restriction to 1,000 feet of a school as that would be the most efficient to track and enforce. Mr. Thompson reviewed the existing locations within 1,000 feet of schools that currently sell tobacco and vape products. Citizens Comments There were none. Comments of Planning Commissioners and Staff Mr. Thompson noted comments that were submitted to the Planning Commission regarding Reed Road Solar 1, LLC and one regarding the 200 Plan. Mr. Thompson noted upcoming Transportation projects. Adjournment for Dinner Mr. James adjourned the meeting for dinner at 5:52 p.m. EVENING SESSION Mr. James called the evening session to order at 7:01 p.m. Page 2 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 Invocation Mr. Woltz led the invocation and pledge of allegiance. Public Hearings 1.The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned.R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. Ms. Skylar Camerlinck presented an overview of the petition, the current use, proposed use, and future land use designation. Mr. Bower questioned how this application came to the Planning Commission. Ms. Camerlinck noted that Mr. Calfee owned another short-term rental that only required a zoning permit, and staff located this short-term rental and notified the applicant of what needed to be done. Joel Calfee, 458 Camp Eagle Road, noted that they operate five AirBnB's with two of those being located in Roanoke County. He noted there has only been one problem noted by a neighbor, and it was resolved within thirty minutes because the neighbor had his number. Mr. Woltz questioned if they are on both VRBO and AirBNB, which Mr. Calfee confirmed. Mr. James questioned how long this AirBnB has been in operation, which Mr. Calfee answered they have been operating since September 2023. Mr. Bower questioned if he manages his own property. He noted that he does, but they also have a cleaning service that comes in between visits. However, his wife visits each of the properties about once a week. Mr. James opened the public hearing, and with no one wishing to speak closed the public hearing. Mr. Bower made a motion to recommend approval with the following seven (7) conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Page 3 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 The motion passed 5-0. 2. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. (Planning Commission continued the public hearing from its June 4, 2024, meeting until its August 6, 2024, meeting). Mr. Thompson gave an overview of the petition, presented the current use, proposed use, future land use designation, and revisions made to the application. Mr. McMurray made the following statement: The petitioner, Reed Road Solar 1, LLC, is a direct competitor of the company which I am employed by. In order to avoid any appearance of impropriety, I have decided to abstain from any discussion and from the vote on this matter. Jessie Robinson and Quintin Wood from New Leaf Energy presented why they chose the location. Mr. James questioned how the subscribers to the project would work. Ms. Robinson explained how the option to subscribe would be advertised. Mr. Thompson stated that if the County is notified, staff can send letters to homeowners on Bent Mountain to allow locals the opportunity to subscribe first. Mr. Wood presented on noise levels and the landscaping plan. Mr. Wood discussed Stormwater Management. Ms. Robinson noted that there is no impact to the sales price of adjoining properties after installation of the solar project. Ms. Robinson discussed the projected benefits of the solar project. Mr. James opened the public hearing. Jeff Shawver, 4860 Catawba Valley Drive, noted that he is in support of others being able to benefit from solar energy that are unable to install them on their homes. He noted that it is good for the environment and helps the air be cleaner. He noted that it makes renewable energy fair and available to more people. He noted that it supports Roanoke County green goals. Mr. Shawver discussed the benefits he has had from having a solar system installed at his home. Mr. Henderson questioned what Mr. Shawver did on his solar system. Mr. Shawver noted that he has a 8,600 kilowatt system. Mr. Bower questioned if that system is enough to power an electric vehicle, which Mr. Shawver noted that it is enough and that he has an electric vehicle. It was questioned how much of an initial investment the system was, which Mr. Shawver noted it was around $15,000. The Planning Commission thanked him for his comments. Zachary Deel, 9741 Tinsley Lane, noted that his main concerns are water run-off and erosion effecting his well. He questioned who would be responsible if there are any effects to his well. He questioned being a subscriber to the solar project if there is a cap to how much you are allowed to make to subscribe. He noted that he has a solar system that he paid $56,000 for and he regrets it everyday. He noted that he read that solar systems can effect water levels. Mr. Bower questioned how many kilowatts his system is, which Mr. Deel noted as 50-60 kilowatts. Page 4 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 Kenny Gusler, 4806 Pleasant Hill Drive, noted that he owns the house at 9120 Reed Road. He noted that he has not heard anyone discuss what is the highest and best use of this parcel. He noted that it is a residential subdivision. If something happens to the solar panel company, then Roanoke County is responsible for clean up. He noted that this project will affect the marketability of the properties around it. He worries that with the bulldozers and backhoes disturbs the soil, and the well water with it and homeowners have to spend $6,000-$8,000 to fix it. He noted that this power is going to go to a power station and be sold to whoever needs it. He noted that locations like Short Pump, Richmond, Alexandria build 1,000 homes a year. They need more power. He stated that there were probably only ten homes built on Bent Mountain last year. He requested that the Planning Commission not approve this project. Ben Wilson, 2625 Tillett Road, noted that he wanted to deliver comments for EnergyRight. He spoke generally of the company's support for renewable energy. Grace Terry, noted that they are in favor of renewable energy. She noted that this feels nothing like the Mountain Valley Pipeline project. She noted that she is in favor of renewable energy. She noted that she is curious what it would look like from her property line. She noted someone said something about lights. She questions if they are on at night or if it is just as needed. She noted that the beginning of the application noted that there is no solar ordinance in Roanoke County, and she is curious as to why. Mr. James closed the public hearing. Ms. Robinson and Mr. Wood answered concerns regarding the wells. Mr. Wood noted that the bulk of their construction is in regard to the storm basins. He noted that they are required to put the water basin two feet above the ground water level to ensure water quality. Mr. Henderson questioned if any of their projects currently under construction in Virginia have received any fines from DEQ. Ms. Robinson noted they have not. Mr. Woltz questioned if they had anything in their lease that speaks to pesticide use, which Ms. Robinson noted that they do not. Mr. James noted that it appears that the goal is to disturb as little of the existing ground as possible, which was confirmed. Mr. James questioned if there is anything that would preclude someone from subscribing to the program. Ms. Robinson noted that the one requirement is that the utility sets a minimum for the bill and that they have to be an APco customer. However, it was noted that to date there are no requirements by APco regarding LMI (low to moderate income) to,Ms. Robinson's understanding. Mr. James questioned who the source was regarding the study stating that there are no impacts to adjacent properties of solar projects, which Ms. Robinson noted it was a third party that they hired. The lights were addressed by Ms. Robinson noted that they are primarily for safety purposes. Wildlife does not tend to set them off, so they should be off a majority of the time. Ms. Robinson noted that they do not use water to cool the panels, so that would not be a factor for this application. Mr. Wood noted that the panels are tempered glass much like the windshield of a car with a non-glare coating. It was noted that staff has determined that the project meets all of the standards recommended on the list by EnergyRight. Mr. Thompson noted that many of Page 5 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 the amendments get generated by things encountered on a day to day basis. He1noted that the Roanoke County Zoning Ordinance dates back to 1992, and after the Roanoke County 200 Comprehensive Plan is hopefully adopted, staff plans to work on rewriting the Roanoke County Zoning Ordinance. He anticipates that there will be an amendment regarding solar prior to that, but that is why solar is not currently included in the zoning ordinance. This is the first solar project of this size to come into Roanoke County. Mr. Woltz noted his concerns being a long-term resident of Bent Mountain. He noted that they just finished getting through the Mountain Valley Pipeline, and the scar that left on the mountain. He noted that this project is minor in comparison. However, he noted that everyone is on pins and needles regarding that project. He believes that these applicants have'done a great job explaining their project. He does not believe this has any environmental impacts and believes that scientific advancements have been made regarding solar. His concerns from a land use stand point is that they are probably on the cusp on many energy alternatives. He noted that this is a forty year commitment, and he is concerned that this will become a dinosaur in the next few years. He noted that he questions if this goes in on Bent Mountain he is concerned that this will spread like black mold and you will see them everywhere. He thinks that there are other places where it would have less impact than it would on Bent Mountain. He would like to see the County come up with ordinances that would protect viewsheds and large areas. Mr. Woltz noted that Mr. Gustier is an appraiser and said that this project would affect property values. He noted that several neighbors have come to him that are not in favor of the project. His personal view on this, without an ordinance, is that these people have done a great job presenting what they want to do—but with what Bent Mountain has gone through in the last 5-6 years he does not believe Bent Mountain is the place for this project. Mr. Bower questioned if this project can be seen from 221. Mr. Woltz noted that he does not believe that it would be. Mr. Deel commented that it would be able to be seen. Mr. Henderson noted that he has tried to look at it from his area of experience he has in his line of work. He noted that he always tries to not be hypocritical after joining the land use body. However, he knows that from experience that DEQ has been very active under new 2024 requirements. He lives in a world of bonds and sureties you are required to finish what you start. He noted that surety does matter. He noted the parts he does not understand. He stated that he does not understand the purchasing and the credits regarding solar. He relies on the people around him who do understand it. He noted that he is not a proponent of solar because he does not understand it. He still believes that they fall back on a special use permit, as long as they do their part, if they do not then the special use permit can be revoked. Mr. Henderson does believe, with no disrespect, that he is for the project. Mr. James noted that he a lives in a similar world to Mr. Henderson. He noted that the authority agencies are out there to ensure that the public interest is protected. Mr. James noted that he has questioned that if Roanoke County had a solar ordinance what should they consider. He noted that the ten conditions they have, he believes will help Page 6of10 • ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 safeguard the community. Mr. James noted that he believes a lot of thought and consideration have gone into this project and he can find a way to support it. Mr. Henderson made a motion to recommend approval with the following ten (10) conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the Page 7of10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set— 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy • system and restore the site to its original condition. 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Mr. Bower noted that he is old enough to remember the solar panels`from the 1970's. He saw many people put panels on their roofs, and they went away because they did not work. He noted that a few years ago he had the opportunity to serve on a Citizen's Committee where he had the chance to learn more about the solar panels of today. He noted that he supports this project. Mr. Woltz noted that his main concern is that he does not want this to bleed into other areas, and that there will be something as the County goes forward with solar projects regarding the visible sight distances. The motion passed 3-1-1, with Mr. McMurray abstaining. Page 8 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6,2024 3. Roanoke County 200 Plan. The Roanoke County 200 Plan is an update to the County's Comprehensive Plan. It expresses an overarching community vision as well as unique goals for 11 community planning areas within the County. It also provides guidance for public policies about natural and cultural resources, community facilities, transportation, and land development. The Roanoke County 200 Plan includes a-main document as well as 11 Community Planning Area documents. Mr. Thompson presented the Roanoke County 200 Comprehensive Plan documents. Mr. Bower noted that he believes that staff has done an amazing job. Mr. James opened the public hearing, and with no one wishing to speak, closed the public hearing. Mr. James made a motion to recommend adoption of the Roanoke County 200 Plan as the Comprehensive Plan for Roanoke County, Virginia. The motion passed 5-0. Citizen's Comments There were none. Comments'of Planning Commissioner's and Planning Staff There were none. Final Orders At their July 23rd meeting the Board of Supervisors voted to approve the request of Brad Prescott to develop a lot without public road frontage, as recommended by the Planning Commission. At their July 23rd meeting the Board of Supervisors voted to approve the request Jonathan Kenneth Burns-Carrara to operate a short-term rental, as recommended by the Planning Commission. At their July 23rd meeting the Board of Supervisors voted to approve the rezoning request of Trail Development Group, as recommended by the Planning Commission. At their July 23rd meeting the Board of Supervisors voted to deny the request of Roanoke Valley Holdings to amend proffers. Adjournment The meeting adjourned at 10:05 p.m. Page 9 of 10 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 6, 2024 Respectfully Submitted: Ce elia Thomas Recording Secretary, Roanoke County Planning Commission Philip Th pson Secretary, Roanoke County Planning Commission '‘‘b Rick James Chairman, Roanoke County Planning Commission Page 10 of 10