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HomeMy WebLinkAbout5/6/2008 - MinutesROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES MAY 6, 2008 Commissioners Present: Mr. Steve Azar Ms. Martha Hooker (arrived before Agenda Item 1 -3) Mr. Rodney McNeil Mr. David Radford Mr. Gary Jarrell Staff Present: Mr. Philip Thompson, Secretary Mr. Joe Obenshain, Senior Assistant County Attorney Mr. Tarek Moneir Mr. David Holladay Mr. John Murphy (Work Session only) Ms. Megan Cronise Ms. Tammi Wood (Work Session only) Ms. Rebecca Mahoney Ms. Nicole Gilkeson Mr. Chris Patriarca Ms: Lindsay Blankenship Ms. Becky Meador, Recording Secretary Guest: Ms. Thelma Shrewsbury WORK SESSION: Mr. McNeil called the work session to order at 4:00 p.m. Approval of Agenda Mr. Azar made a motion to approve the agenda, which passed 4 -0. Approval of Minutes Mr. Jarrell moved to approve the minutes of April 1, 2008, and April 15, 2008. The motion passed 4 -0. Approval of Consent Agenda Mr. Thompson stated there would be site viewing for the Consent Agenda item and Agenda Item 1 -4, Liondo, Ltd. Mr. Patriarca presented the petition and distributed materials for the site viewing of the Consent Agenda item (Martha J. Boush and Randy M. Gantt). He stated the two (2) parcels would be combined. Properties on each side are already zoned C -2, General Commercial District. The parcel size is likely too small for an industrial use. The Petitioner has proffered an evenly distributed retail /office tenant base and a 10' monument style sign. There are no residential properties adjoining the parcel. The developer met with staff prior to creating their plans. They have been very cooperative and the building elevation shows a nice design. The commissioners requested a color rendering, which staff will provide for the public hearing. Mr. McNeil asked if the building would be below grade and if the driveway Page 1 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 would be downhill. It was noted that the parcel slopes upward in the rear, toward the railroad tracks. There would be grading done prior to construction. The berm at the new Gander Mountain location was discussed. Mr. Murphy distributed copies of a letter he composed in response to the complaint by Ms. Long on behalf of her mother, Ms. Pullen. Mr. Radford stated he had also received a letter of concern from Ms. Shaffer and Mr. Jarrell received one from Ms. Camper. Mr. Murphy stated there was a 50' buffer already required and for the most part, the berm is intact. Landscaping will be "beefed up" and evergreens will be planted. The goal is to go beyond requirements. Staff will work with Economic Development to improve the situation and will meet with the neighbors upon completion. It was noted that the development is still under construction and will be reevaluated when finished. Mr. Holladay stated that screening is not meant to totally block, but to "soften" visually. Mr. Jarrell asked that he be kept informed of the project so he can accurately convey information to the citizens. Mr. Holladay presented a rendering created by the county's 3D software of how the proposed hotel on Plantation Road would look from Hollins University. The terrain and other buildings would block the hotel view for the most part. It would not dominate the skyline. From the president's house at the university, only the roofline was visible. The commissioners felt more use of the 3D modeling would be beneficial in the future. Site Viewing Mr. McNeil adjourned the session at 4:28 p.m. for site viewing. EVENING SESSION: The Evening Session was called to order by Mr. McNeil at 7:00 p.m. Mr. Radford gave the invocation and led the pledge of allegiance. The petition of Terry and Tammy Small, DBA P Day Arcade, to obtain a Special Use Permit in a C -2C, General Commercial District with Conditions, to operate an indoor commercial amusement and Religious Assembly on 3.08 acres located at 6449 Williamson Road, Unit 6435, Hollins Magisterial District, was presented by Ms. Mahoney. Mr. Jarrell noted that the closing time proposed for Friday and Saturday nights is 12:00 a.m. and inquired about Roanoke County curfew. Anyone under the age of 18 cannot drive later than midnight. Ms. Mahoney stated the targeted age for the business will be eighteen (18) to twenty -five (25) years, which was the reason for the 12:00 a.m. closing. Mr. Radford asked why private security was suggested. The Police Department requested this for the outside area. The petitioner plans to have both indoor and outdoor security. Ms. Tammy Small of 1116 Marlian Avenue NW, Roanoke, addressed the board regarding the petition. Due to concern that teens have nowhere to go, she and her husband would like to address several issues. They wish to offer family /teen counseling offered by leaders of their church, who have completed a thirty (30) week training program. They want to have beginner trade classes and will provide a letter of completion. They would also like to offer a Hope Chest, which would stock donated household items, such as furniture, for young people starting out on their own. These Page 2of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 services /goods would all be free of charge. Ms. Small said they hoped to be open all week until 12:00 a.m. Teens under age eighteen (18) would be stamped and reminded to leave in time for curfew. Mr. Jarrell inquired about offering beds. Ms. Small said there would be no mattresses and dishes, only furniture and appliances. They would eventually like to be able to offer emergency financial assistance for utilities also. This would be available once per year and proof of the need would be required. Mr. Radford noted that the Police Department had weighed in on the review and inquired about adult supervision. Ms. Small was unable to give an exact ratio of adults to children; however, there would be Mr. Small and at least two (2) other men from their church there at all times. Mr. Azar asked if they are registered with the state as an arcade and if they had experience in this type of business. Ms. Small said they had not yet registered with the state, but would comply with any legal necessities. She stated her husband does have experience with the Wii games they will be offering; however, not in a business. Mr. Azar asked if they are targeting "at risk" teens and if individuals over twenty (25) would be admitted. Everyone would be admitted to encourage families to come together. "At risk" teens will not specifically be targeted, but it is their hope that they will get the most from the program. They will network with numerous churches to get different youth groups and youth pastors to attend and help prevent "clicks ". The Religious Assembly will be two (2) hours, one (1) day per week. The sanctuary would be used at other times for music lessons, etc. Most everything would be funded through the arcade business and a $1.00 cover charge. Tithes collected during church services would be used for the "emergency utility" fund and other "church" related things. Arcade (profits) and church tithes would be separated. They do not have an attorney as of yet; however, they have been advised by their insurance agent and accountant to hire one and have plans to do so. The Petitioner plans to phase out their current jobs and run the arcade full time. They hope to open in the fall, September at the latest. The commissioners also inquired about employees /volunteers committed to work. Ms. Small said nearly everyone, including leaders, at their church has offered their help. This was the Small's idea and the church is backing them. Mr. Jarrell questioned whether there is an ordinance preventing Religious Assembly within a certain distance from a restaurant or bar. There is no ordinance of that type. With no further public speakers, Mr. McNeil closed the public hearing. The commissioners agreed this is an excellent concept and is needed in the community; however, there were many unanswered questions. It was unknown if a "religious affiliation" was necessary. There were concerns with the hours of operation and the facility's ability to monitor the parking lot. The location is a strip mall with no designated parking. More definitive business and financial plans are needed. It was requested that the two Special Use Permits be voted on separately. Mr. Jarrell made a motion to approve the petition for the indoor commercial amusement with the four (4) conditions suggested by the staff, plus a condition to limit the Special Use Permit to that specific address /unit. Mr. Thompson called the roll and the vote was tied Page 3 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 2 -2. Per the bylaws, a tie due to the absence of a Commission member, consideration of the motion shall be carried over until the next regular meeting. AYES: Radford, Jarrell NAYS: Azar, McNeil ABSENT: Hooker Mr. Jarrell made a motion to postpone the petition for the Special Use Permit for Religious Assembly until the next regular meeting. Mr. Thompson called the roll and the motion passed 4 -0. AYES: Azar, Radford, Jarrell, McNeil NAYS: None ABSENT: Hooker 2. The petition of Grant Avenue Development to obtain a Special Use Permit in a C -2, General Commercial District, to operate a drive -in and fast food restaurant on 1.13 acres located on Challenger Avenue, at Valley Gateway Park, Vinton Magisterial District was presented by Mr. Holladay. Mr. Radford inquired why staff was requesting that the proposed Arby's match the Kroger building. He stated that Arby's has a nationally known "scheme" and he didn't know why the county would need to impose on it. The difference in elevation from Challenger Avenue to the parcel is about ten (10) to twelve (12) feet. A twenty -five (25) foot sign is allowed by ordinance. The Petitioner is proposing at twenty -five (25) foot sign, which is permissible. Mr. Dan Lovern of 748 Pyrtle Drive, Salem, spoke on behalf of the Petitioner. He is the Director of Operations for Grant Avenue Development. He stated his company's desire to build another Arby's in Roanoke. Their proposed signage is within the limits of the county's ordinance. Blending of color scheme with the Kroger building is against what they wish to construct. They tried a "blended" building at another location and it is their least profitable. Mr. Lovern presented the commissioners with photographs of various fast food restaurant signs within one (1) mile of their site. All had large signs. He stated they cannot invest a considerable amount of money in a new restaurant without being able to compete with the surrounding businesses. They will screen the dumpster area with brick to match the building. Mr. Azar inquired if Arby's offered a smaller sign. Mr. Lovern said they have signs with "hats" ranging from eight (8) to twenty -four (24) feet in height; however, they believe the sixteen (16) foot "hat" is need for visibility from both directions on Route 460. Mr. Lavern stated they did not want to construct the type of sign suggested by staff and they did not wish to compromise, noting that if they cannot be seen, they will not be able to use the site. Mr. Richard White of 102 Albemarle Avenue, Roanoke, presented the commissioners with a sight plan, stating the sign will be approximately ninety (90) feet from the edge of the pavement. With no further public comments, Mr. McNeil closed the Public Hearing. Mr. Azar stated the site is ideal for an Arby's and likes the design; however, he felt their lack of compromise showed bad stewardship. There was discussion of the various conditions suggested by staff. Mr. Azar moved to approve the petition with conditions 3, Page 4 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 4, and 5, as suggested in the staff report. Mr. Thompson called the roll and the motioned passed 3 -1. AYES: Azar, Radford, Jarrell NAYS: McNeil ABSENT: Hooker 3. The petition of Quarles Petroleum, Inc. to rezone 1.0 acre from 1 -2, High Intensity Industrial District, to C -2, General Commercial District, for the purpose of constructing an unmanned gasoline station located at 3327 Shawnee Drive, Catawba Magisterial District was presented by Mr. Patriarca. Ms. Hooker asked what would fit in the surrounding 1-2, transition area. The surrounding areas are not conducive for residential properties. Fuel sold at the sight will be approximately 80% diesel and 20% gasoline. The height of the canopy at Quarles' current site is twenty -six (26) feet. Proffering a forty -five (45) foot sign is preemptive in the case of future use. If approved, upon completion, they will transition the current site to the new one. Ms. Maryellen Goodlatte, attorney for the Petitioner, stated that an 1 -2, High Intensity Industrial District, does not allow a gasoline station; therefore, the need to "down" zone the parcel. The proposed C -2, General Commercial District, fits with existing uses along Shawnee Drive. She stated the Petitioner has agreed to the proffers in the staff report. Ms. Goodlatte explained that a rain water garden is not unique to a gasoline station. It is a "filtering process ". The purpose is to improve the quality of run -off. Quarles has a hazardous materials system in place that does not relate to the storm water run -off. Craig McBride, Corporate Engineer for Quarles, stated there would be routine maintenance done at the site, which includes painting in the summer season, snow removal, grass mowing and landscaping. The Sales Manager visits the site several times per week to monitor these situations. The lawn care is contracted. Ms. Hooker inquired about the usage and traffic count anticipated for the site. Mr. McBride said their system is automated and records all data. They expect a 20% to 25% increase for a maximum of one hundred, thirty (130) trips per day, or twelve (12) to thirteen (13) trips per hour at the peak hour of 7:00 a.m. to 8:00 a.m. Quarles issues encoded cards with a variety of security measures. Each card is encoded for the vehicle it is assigned to and limits the amount of fuel that can be dispensed at one time. The pump system shuts down after the fuel limit is reached. There are monitored security cameras on site, which record and store video for sixty (60) to ninety (90) days. The facility is accessible twenty -four (24) hours per day, seven (7) days per week. Mr. Radford asked if Quarles has experience with rain gardens at other locations. They have several that are very effective. The depth of the rain garden can be increased to accommodate the amount of storm water run -off. The site is graded in such a way that the storm water will run to the rain garden. With no further public speakers, Mr. McNeil closed the Public Hearing. Ms. Hooker made a motion to approve the petition. Mr. Thompson called the roll and the motion passed 5 -0. AYES: Azar, Hooker, Radford, Jarrell, McNeil Page 5 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES NAYS: None May 6, 2008 4. The petition of Liendo, Ltd. to obtain a Special Use Permit in a C -2, General Commercial District, to operate a drive -in and fast food restaurant on 0.172 acre located at 4321 Brambleton Avenue, Windsor Hills Magisterial District was presented by Ms. Blankenship. (Note: The Petitioner's name was misspelled as Liondo on their original application. The correct spelling is Liendo. The application was corrected and initialed by the Petitioner for the record.) The property has been vacant for three (3) years following varied retail uses. The size of the parcel is limited. Ms. Blankenship presented a letter from the adjoining business owner, giving permission for simultaneous deliveries. Mr. Radford asked if the letter is an easement. Mr. Obenshain indicated that it is considered "Permission At Will" and can be revoked at any time. There was discussion of where landscaping could be done on the property, as the entire site is paved. The VDOT easement could possibly be planted and urns/planters could be used on the front, tiled walkway. The owner would not have to adhere to landscaping without a Special Use Permit. There were concerns that the business could be at risk if the adjoining business owner should revoke permission for the simultaneous deliveries. The Petitioner has an existing restaurant in the city and can have all deliveries made there if necessary. Mr. Dennis Crank of 3310 Kingsbury Circle, Roanoke, owner of the property, described the complete renovation he has done on the building. He felt the Petitioner has a good business plan. They already have a successful business in the city. Parking was reduced years ago when VDOT moved the easement back to change Brambleton Avenue to four (4) lanes. He is willing to do right -of -way landscaping if allowable. He recently spent $5,000.00 tiling the front walkway of the building and would rather not tear it out for landscaping. He will put urns/planters there. The Petitioner is prepared to proffer that no tractor trailers be permitted on the site. Mr. Cronk commented that, although the use "category" is not met for the ordinance, the parking does suffice for the "use ". He also stated there are three (3) additional spaces at the side of the building. The Petitioner, Mr. Reuben Liendo, stated there would not be more than five (5) employees, including delivery drivers, there at any one time. There are fourteen (14) spaces total. Customers should not be there more than five (5) to ten (10) minutes each for pick -up. There would most likely be no more than three (3) .customers there at once. Delivery accounts for 75% of their business, only 25% is pick -up. The hours of operation would be 11:00 a.m. to 11:00 p.m., Tuesday through Sunday. Staff has suggested a condition that table service shall not be permitted. With no further public comment, Mr. McNeil closed the Public Hearing. Mr. Radford moved to approve the Special Use Permit with conditions 1 and 3 only, as suggested in the staff report. Mr. Thompson called the roll and the petition was approved 5 -0. AYES: Azar, Hooker, Radford, Jarrell, McNeil NAYS: None 5. The petition of Dharmendra Patel to rezone 2.5 acres from 1 -1, Low Intensity Industrial District, to C -2, General Commercial District, for the purpose of constructing a hotel located at the corner of Plantation Road and Hitech Road, Hollins Magisterial District was presented by Mr. Holladay. He noted that the boundary lines have been changed from the original plan. They will not be purchasing the easement to Double Envelope. Page 6 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 Additionally, Double Envelope's building is partially on this parcel. Proffer numbers 2, 5, and 7 stated Elevation "D ". This has been corrected to Elevation "E ". Mr. Jarrell asked if staff agreed with a twelve (12) foot monument sign. Mr. Holladay suggested a ten (10) foot sign. A rendering of the proposed sign was not available. Mr. Dan Barnes, attorney for the Petitioner, stated the closing on the purchase of the property was set for May 12, 2008. He showed the commissioners a picture of the sign at another of Mr. Patel's hotels. He stated that the twelve (12) foot monument sign would not be necessary and they are willing to construct a ten (10) foot sign. They were seeking a slightly larger sign due to the terrain. He presented two (2) proffer changes, signed by the owner of the parcel. One being the reduction in size of the monument sign and the other (number 14) that the landscaping shall follow the guidelines for commercial property set forth in the Williamson Road /Hollins Plan. The plans have been discussed with Peter Oslins, the architect for Hollins University. Mr. Ed Widman, Executive Vice President, N. C. Monroe Construction Company of Greensboro, North Carolina spoke on behalf of the Petitioner. His company is building Mr. Patel's hotel in Salem. He reviewed the new Elevation "E" and design, extended from the influence of Hollins University. He stated the 10' by 10' monument sign will be front lit. Signs on the building will be interior lit and parking lighting will be as stated in the proffered conditions. Mr. Barnes and Mr. Holladay reviewed the new site plan with the commissioners. Mr. Jarrell asked if another business were installed in front of the hotel, would their entrance be on Plantation Road. Additional development would also use the Hitech Road entrance. With no further public comment, Mr. McNeil closed the Public Hearing. Mr. Thompson clarified that the plan calls for two (2) monument signs, one for the Comfort Suites Hotel, which will be ground lit. The other would be for future use. The telephone switching station on Hitech Road was discussed. Mr. Barnes stated that would be addressed upon construction. The revised, signed proffers were entered into record. Mr. Thompson explained that acreage can decrease, but not increase without a new hearing. Mr. Obenshain agreed. Mr. Jarrell moved to approve the petition, with the revised proffers. Mr. McNeil conveyed his appreciation of the Petitioner working with Hollins University on the project. Mr. Thompson called the roll and the motion passed 5 -0. AYES: Azar, Hooker, Radford, Jarrell, McNeil NAYS: None Final Orders The petition of Lexington Falls, LLC, to rezone 0.21 acre, from C -1, Office District, to C -2, General Commercial District, to allow access to the frontage parcel was denied by the Board of Supervisors at the Public Hearing on April 22, 2008. The property is located at the end of Burlington Drive, Hollins Magisterial District. The petition of Roanoke County to obtain a Special Use Permit in an 1-2, Industrial District, for the construction of a 100 -foot broadcast tower on 9.177 acres located at 5253 Hollins Page 7 of 8 5 ROANOKE COUNTY PLANNING COMMISSION MINUTES May 6, 2008 Road and 1132 Carlos Drive, Hollins Magisterial District, was approved by the Board of Supervisors at the Public Hearing on April 22, 2008. The Community Facilities Map was approved and adopted into the Comprehensive Plan by the Board of Supervisors at the Public Hearing on April 22, 2008. The Mount Pleasant Community Plan was approved and adopted into the Comprehensive Plan by the Board of Supervisors at the Public Hearing on April 22, 2008. The petition of Wallace Family Enterprises, Inc. to obtain a Special Use Permit in a C -2S, General Commercial District with Special Use Permit, to operate a drive -in and fast food restaurant on 1.5 acres located at 2445 East Washington Avenue, Vinton Magisterial District, was approved, with conditions, by the Board of Supervisors at the Public Hearing on April 22, 2008. The amendments to the Roanoke County Zoning Ordinances were approved and adopted by the Board of Supervisors at the Public Hearing on April 22, 2008. Staff Comments With no further business or comments, Mr. McNeil adjourned the meeting at 10:14 p.m. Respectfully Submitted Becky Meado Recording Se retary, Roanoke County Planning Commission r — ' - 2'e' 'J JA Philip T mpson Secretary, Roanoke Coun 4planning Commission Approv J Rodney McNeil Chairman, Roanoke County Planning Commission Page 8 of 8