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HomeMy WebLinkAbout6/3/2008 - MinutesROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES JUNE 3, 2008 Commissioners Present: Mr. Steve Azar (Evening Session only) Ms. Martha Hooker Mr. Rodney McNeil Mr. Gary Jarrell (Evening Session only) Commissioner Absent: Mr. David Radford Staff Present: Mr. Philip Thompson, Secretary Mr. Paul Mahoney, County Attorney Mr. Tarek Moneir Mr. David Holladay (Work Session only) Mr. John Murphy (Work Session only) Ms. Megan Cronise Ms. Tammi Wood (Work Session only) Ms. Rebecca Mahoney Mr. Chris Patriarca Ms. Lindsay Blankenship (Work Session only) Ms. Becky Meador, Recording Secretary WORK SESSION: Mr. McNeil called the work session to order at 4:00 p.m. There was not a quorum present, so voting was continued until the Evening Session. Mr. Holladay presented the petition and distributed materials for Consent Agenda Item 1, Country Way General Store. Country Way currently serves food for take out. They are applying for the Special Use Permit for a delivery service only. Mr. McNeil asked if the Special Use Permit could carry to a future property owner. It would carry over for two (2) years; however, conditions can be imposed to control future use. Ms. Mahoney presented the petition for Joe Lambert. He is currently operating Jo Jo`s Tropical Sno in the city and would like to relocate to the county. There was discussion regarding the use of a trailer. It is permissible within the zoning ordinance and will have to pass any inspections by the Building Commissioner and Health Department. Parking could be an issue. Mr. McNeil asked if Terry and Tammy Small, DBA 3` Day Arcade, had formally withdrawn their petition for Religious Assembly. They did send written notification. There was discussion of conditions on the property, which were old conditions from 1988, stating there would be no further expansion of the building. This would not be a conflict with the petition. Mr. Thompson discussed the special meeting request for a walking tour of the Hollins study area. Staff feels this would be beneficial in development of the plan. Target dates are mid June through the first week of July. Multiple sessions can be done if necessary. Additionally, the Board of Zoning Appeals was invited to the June 17, 2008, work session. Page 1 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES June 3, 2008 Site Viewing Mr. Thompson stated there would be site viewing for Agenda Items D -1, Country Way General Store, D -2, Joe Lambert, and I -2, Boush & Gantt. Mr. McNeil adjourned the session at 4:21 p.m. EVENING SESSION: Approval of Agenda Mr. Jarrell made a motion to approve the agenda, which passed 4 -0. Approval of Minutes Ms. Hooker moved to approve the minutes of May 6, 2008, and May 20, 2008. The motion passed 4 -0. _Approval of Consent Agenda Mr. Azar made a motion to approve the Consent Agenda, which passed 4 -0. Mr. McNeil called the Public Hearing to order at 7:05 p.m., gave the invocation, and led the pledge of allegiance. 1. The petition of Terry and Tammy Small, DBA V Day Arcade, to obtain a Special Use Permit in a C -2C, General Commercial District with Conditions, to operate an indoor commercial amusement on 3.08 acres located at 6449 Williamson Road, Unit 6437, Hollins Magisterial District, was presented by Ms. Mahoney. This hearing was continued from the May 6, 2008, meeting. The Petitioners have since then withdrawn their request for Religious Assembly. It was also noted that the unit number was incorrect on the original application. The correct unit number is 6437. The unit is currently vacant; however, the last use was commercial. Mr. Azar inquired about holding dances on Saturday nights, preparing food, and after school activities. All were permissible under the ordinance. Mr. Jarrell stated there was still some concern regarding the counseling. This would fall under Personal Services or Guidance Services in the C -2 zoning, which is a by- right use. Ms. Hooker asked what would constitute a "review ", as stated in condition number four (4). The review would be conducted by staff. Mr. Thompson noted that the board has the right to revoke any Special Use Permit not being complied with at any time. Terry and Tammy Small of 1116 Marlian Avenue, Roanoke, addressed the commission about the questions from the previous hearing. Ms. Small distributed a memo detailing the types of games they plan to offer, hours of operation of other entertainment business in the vicinity, trade training to be offered, and statistics on teen risks. Ms. Small met with the Chief Deputy Commissioner of the Revenue and has determined what taxes and licenses are required. The request for Religious Assembly has been withdrawn due to the fact that they do not have an affiliation. The Petitioner stated there will be a website created, detailing what they will offer, for parents to view before choosing to allow their children to participate. Regarding the counseling offered, their intention is not to force anything on the teens, but give them a listening ear if needed. Mr. McNeil asked what age group was being targeted. It would normally be ages sixteen (16) to twenty -five (25); however, they will target "family" attendance. Games will be offered for small children also. Page 2 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES June 3, 2008 Mr. Jarrell raised concern regarding the teaching of auto body repair and chemicals that may be involved. The Petitioner stated the students would work on a single part at a time, such as a fender. The "trade school' portion of the business would be held in the rear addition of the building, which is not attached to the neighboring business. This area has a ventilation fan and fire door. They will have to comply with building codes on this issue. A trade school also falls under the C -2 zoning as a by -right use. Teaching the trade is different from auto repair for commercial gain. All proposed uses are by- right, with the exception of the arcade. With no further public speakers, Mr. McNeil closed the public hearing. Mr. Jarrell moved to approve the petition with conditions one (1) through five (5) (condition five (5) being the correction of the unit number) with a favorable recommendation to the Board of Supervisors. Mr. Thompson called the roll and the motion passed 4 -0. AYES: Hooker, Jarrell, Azar, McNeil NAYS: None ABSENT: Radford 2. The petition of Martha J. Boush and Randy M. Gantt to rezone approximately 1.5 acres from 1 -1, Low Intensity Industrial District, and 1 -2, High Intensity Industrial District, to C -2, General Commercial District, for the purpose of constructing a one story building for General Office /Retail use, located at 4909 Starkey Road, Cave Spring Magisterial District was presented by Mr. Patriarca. He presented signed proffers into the record. Mr. Bill Hume of Interactive Design spoke on behalf of the Petitioner. The building will have a brick efface. The driveway will be sloped, but not steep. Mr. McNeil asked about the difference in elevation with the buildings on either side of the property. The building will be approximately ten (10) feet lower. Jeff and Nancy Barker, owners of Barker Chiropractic at 4903 Starkey Road, Roanoke, addressed the commission. They stated they are excited to have Ms. Boush as a neighbor; however, they would like to request that the dumpster be moved. It would be directly outside their employee entrance. With the elevation difference, they would be looking directly down into the dumpster. There was discussion regarding moving the dumpster back twenty (20) to twenty -five (25) feet; however, this may cause a problem with the storm water retention area. Additional screening may not be an option due to the elevation difference. Ms. Hooker noted this is an issue better solved through the site plan review process. This was agreeable with all parties. With no further public speakers, Mr. McNeil closed the public hearing. Mr. Patriarca noted for the record, a correction to the signed Proffer Statement. Under number one (1), the Concept Plan prepared by Parker Design Group should be dated March 25, 2008, rather than March 18, 2008. Mr. McNeil made a motion to approve the petition with a favorable recommendation to the Board of Supervisors. Mr. Thompson called the roll and the motioned passed 4 -0. AYES: Hooker, Jarrell, Azar, McNeil NAYS: None ABSENT: Radford Final Orders Page 3 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES June 3, 2008 The petition of Dharmendra Patel to rezone 2.5 acres from 1 -1, 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 approved by the Board of Supervisors at their public hearing on May 27, 2008. The petition of Quarles Petroleum, Inc. to rezone 1.0 acre from 1 -2, 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 approved by the Board of Supervisors at their public hearing on May 27, 2008. 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 approved by the Board of Supervisors at their public hearing on May 27, 2008. 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 approved by the Board of Supervisors at their public hearing on May 27, 2008. Staff Comments Mr. Thompson reminded the commissioners about the upcoming Hollins walking tour. With no further business or comments, Mr. McNeil adjourned the meeting at 7:59 p.m. Respectfully Submitted: 6A J Becky Meador Recording Se retary, Roanoke County Planning Commission -XV - Philip Tho pson Secretary, Roanoke County Planning Commission Approv Rodney cNeil Chairman, Roanoke County Planning Commission Page 4 of 4