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HomeMy WebLinkAbout7/1/2008 - MinutesROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES JULY 1, 2008 Commissioners Present: Mr. Steve Azar Ms. Martha Hooker Mr. Rodney McNeil Mr. Gary Jarrell Mr. David Radford (Arrived after work session began) Staff Present: Mr. Philip Thompson, Secretary Mr. Joe Obenshain, Senior Assistant County Attorney Mr. Tarek Moneir Mr, Tim Beard 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. Bill Richardson Ms. Becky Meador, Recording Secretary WORK SESSION: Mr. McNeil called the work session to order at 4:01 p.m. Approval of Agenda Mr. Azar made a motion to approve the agenda, which passed 4 -0. Approval of Minutes Ms. Hooker moved to approve the minutes of June 3, 2008, and June 17, 2008. Mr. Radford requested a revision to page 2 of the minutes of June 17, 2008, to strike the sentence regarding future planned developments from the first paragraph. Minutes were approved with this revision, 5-0. Approval of Consent Agenda Mr. Azar made a motion to approve the Consent Agenda, which passed 5 -0. Mr. Richardson presented the petition of George Kemp. Mr. Azar inquired about expanding the hours of operation. The hours are as requested; however, they could be expanded. Ms. Mahoney presented the Hinton Car Wash petition, showing the site plan. She distributed copies of the concept plan and elevation. Ms. Hooker asked why there were numerous parking spaces for a single bay, drive - through car wash. There are spaces for drop -off, pick -up, and further detailing of vehicles. Page 1 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES July 1, 2008 Staff Comments Mr. Moneir gave a brief summary of a blighted property on Taney Drive that may come before the Planning Commission in August or September. The court has found the owner guilty and ordered to clean the site. Depending on the owner's response, the commission may have to vote on a recommendation (based on options proposed by staff) to the Board of Supervisors. Mr. Richardson gave a historical background of the property, which is currently abandoned. Plans for the location are indefinite. Mr. Thompson reminded the commissioners of the special meeting on July 2, 2008, at 9:00 a.m., for a walking tour of the Hollins study area. The second item for the public hearing, the petition of Joe Lambert, has been continued at the request of the Petitioner. Kroger has required that the Arby's on Challenger Avenue be constructed with brick to match their building and that their sign be twenty (20) feet in height. Mr. Jarrell asked for an update on a blighted property case from two (2) years ago. Mr. Richardson stated the property is still occupied, the fire damage has been repaired, all outside debris has been removed, and the property has been kept in very good condition. Site Viewin Mr. Thompson stated there would be site viewing for both Consent Agenda items, the Hinton Car Wash and George Kemp. Mr. McNeil adjourned the work session at 4:20 p. M. EVENING SESSION: Mr. McNeil called the Public Hearing to order at 7:00 p.m. Mr. Jarrell gave the invocation and led the pledge of allegiance. 1. The petition of Country Way General Store to obtain a Special Use Permit in an AV, Agricultural/Village Center District, to operate a drive -in and fast food restaurant on 1.167 acres, located at 6958 Bent Mountain Road, Windsor Hills Magisterial District was presented by Mr. Beard. There was discussion of traffic circulation, access into and out of the parking lot, constructing islands to maintain landscaping, and exterior lighting. This is the first petition for a Special Use Permit of this kind under the new zoning ordinance changes. Mr. Radford asked about not having a site plan prepared by an engineer. The Site Plan Review process will determine what documents are needed. Mr. McNeil inquired about a limit on the delivery of alcohol. Mr. Obenshain stated the county does not have authority over alcoholic beverages. This is regulated strictly by the Virginia Department of Alcoholic Beverage Control (ABC). Mr. Jarrell asked about the statement in the staff report indicating a Virginia Department of Transportation (VDOT) commercial entrance permit would be Page 2 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES July 9, 2008 required. Mr. Beard stated this would only be necessary for work performed within the U.S. 221 right -of -way. It was asked if the store was "grandfathered" in any way or if it has any "historical" designation. The store dates back to the 1930's, but there is no known historical designation. Mr. Azar questioned why six (6) conditions were being proposed on an existing business. He recommended striking conditions three (3) through six (6). Ms. Hooker asked why there were no designated parking spaces. As this is a rural community store, there has never been designated parking. Staff felt this was an opportunity to make the site safer. Mr. Abraham Glick of 4939 Wade Road, Roanoke, owner of the Country Way, addressed the commission. He felt that if his property was in a more heavily populated area, with more traffic, it would be necessary to construct curbed islands and designated parking. He felt these structures would make the site more like a commercially zoned parcel, i.e. an "Electric Road kind of property ". He felt leaving the parking lot as "open space" would be safer than designated parking. Many of his customers are tractor trailer drivers and construction workers who drive large vehicles. These customers may not be able to turn or park if there were curbed islands and designated spaces. There has not been a problem with accidents in front of his property. He is agreeable to more landscaping of the grounds. He stated that alcohol delivery is very strictly enforced by the ABC. Each recipient's driver's license number is logged, along with the details of the alcohol purchased, for reporting to the ABC. They do not have delivery time or amount regulations. His records will be reviewed by the ABC before renewal of his license. Delivery drivers must be at least eighteen (18) years of age and the manager on duty must be at least twenty -one (21) years of age. Mr. Glick stated he takes the sale of alcohol very seriously and feels it would be a poor business decision to not follow regulations. Mr. Azar asked staff about a condition for an annual review. Mr. Thompson stated that staff should not perform a yearly review. If conditions are not being followed, the Planning Commission has the right to review and /or revoke a Special Use Permit at any time. After review of the ordinance, Mr. Obenshain and Mr. Thompson agreed that issuing a Special Use Permit alone would not trigger a Site Plan Review. Should the entrance be changed, a review would be required. If a drive - through window was installed, curbing would be required, which would then trigger a Site Plan Review. Mr. Thompson noted that the possibility of future sale of the property should be taken into consideration when determining conditions. The commissioners did not feel all of the conditions proposed by staff were necessary. Ms. Hooker commented that the nearby residents should not be impeded by lighting. She felt conditions one (1), two (2), and six (6) should be included. Page 3 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES July 1, 2008 Mr. Radford made a motion to approve the petition with conditions one (1) and two (2) only, with a favorable recommendation to the Board of Supervisors. Mr. Thompson called the roll and the motion passed 5 -0. AYES: Radford, Jarrell, Azar, Hooker, McNeil NAYS: None 2. The petition of Joe Lambert to obtain a Special Use Permit in a C -2, General Commercial District, to operate a drive -in and fast food restaurant on 0.5 acre, located at 3115 Brambleton Avenue, Windsor Hills Magisterial District, was continued until August 5, 2008, at the request of the Petitioner. Final Orders 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 approved with conditions by the Board of Supervisors at their public hearing on June 24, 2008. The petition of Terry and Tammy Small, DBA 3`' 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 approved with conditions by the Board of Supervisors at their public hearing on June 24, 2008. Staff Comments With no further business or comments, Mr. McNeil adjourned the meeting at 8:15 p.m. Respectfully Submitted: Becky Meado Recording Secretary, Roanoke County Planning Commission 6 1 & '16 j ho��� Philip rompson Secre ry, Roanoke Co ty Planning Commission Appro d: F. l ; Rodney McNeil Chairman, Roanoke County Planning Commission Page 4of4