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HomeMy WebLinkAbout11/3/2008 - MinutesROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES November 3, 2008 Commissioners Present: Mr. Steve Azar (Evening Session only) Ms. Martha Hooker (Evening Session only) Mr. Gary Jarrell Mr. Rodney McNeil Mr. David Radford Staff Present: Mr. Philip Thompson, Secretary Mr. Joe Obenshain, Senior Assistant County Attorney Mr. David Holladay Mr. John Murphy Mr. Tarek Moneir Mr. Tim Beard Mr. Chris Patriarca Ms. Lindsay Blankenship Ms. Megan Cronise (Work Session only) Ms. Amanda Micklow Ms. Tara Lambert Ms, Becky Meador, Recording Secretary WORK SESSION: Mr. McNeil called the work session to order at 4:06 p.m. Approval of Agenda Mr. Jarrell made a motion to approve the agenda, which passed 3 -0. Approval of Minutes Mr. Radford moved to approve the minutes of October 7, 2008, and October 21, 2008, which passed 3 -0. Approval of Consent Agenda Mr. Radford made a motion to approve the Consent Agenda, which passed 3 -0. Mr. Beard presented the petition of Edward Rose Properties, Inc. to rezone approximately 16.3 acres from R -2, Medium Density Residential District, to R -3C, Medium Density Multi - Family Residential District with Conditions (approximately 12.4 acres), and C -2C, General Commercial District with Conditions (approximately 3.9 acres) and to rezone approximately 11.2 acres from C -2, General Commercial District, to R -3C, Medium Density Multi - Family Residential District with Conditions, for the purpose of constructing a mixed -use development consisting of an apartment complex (approximately 23.6 acres) and commercial uses (approximately 7.8 acres) located at the 6200 and 6300 Blocks of Cove Road and Green Ridge Road, Catawba Magisterial District. He displayed a concept plan and showed a PowerPoint of site photographs. The proposed development consists of two hundred fifty -two (252) apartment units, a one hundred fifty (150) room hotel, a one hundred fifty (150) to two hundred (200) bed assisted living facility, and a child care facility. A Traffic Impact Analysis (TIA) was done by the firm of Hayes, Seay, Mattern & Mattern, which is being reviewed by the Virginia Department of Transportation (VDOT). There will be two (2) access points on Cove Road, one on either side of Green Ridge Road. There are currently three (3) homes on the site, one (1) owner occupied, one (1) rental, and one (1) vacant. The anticipated completion date is 2013. The concept plan shows open space down the center of the development, which should accommodate the existing power Page 1 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 lines. Mr. Thompson noted that the TIA is too large for the public hearing package, so the most crucial portions will be provided. There will be a community meeting at 7:00 p.m. on Wednesday, November 19, 2008, at the Roanoke County School Board Central Office. A representative from the developer will attend, as well as the attorney for the developer. Route 229 Area Plan Mr. Thompson informed the commission that the Route 221 Area Plan will be discussed at the next work session. The plan is scheduled to be heard at the December public hearing. Commissioner and Staff Comments Ms. Blankenship advised the commission that some of Mr. Foster's neighbors would be at the public hearing to speak on his petition for a private stable. Mr. McNeil asked if there were guidelines or an ordinance regarding animal waste. Roanoke County's ordinance does not address this issue. It was noted that Mr. Azar was absent from the work session because he went to view the site before the public hearing. Mr. Jarrell questioned the 1993 date on the American Electric Power {AEP} site plan. Mr. Beard informed the commission that the conditions from 1993 are still on the property. AEP is requesting a rezoning, but no change to the conditions. They discussed an office building from the original plan; however, they have decided not to pursue. Mr. Jarrell asked if the neighbors use the road at AEP. They do; however, it is owned by AEP. They have stated that they will repair any damage done by construction to return Louise Wells Drive to its original or better condition. Ms. Blankenship advised the commission that there were no parking issues with the Faith Fellowship Church petition. The architect had submitted a plan with parking fully contained on the property. Mr. Holladay stated a letter of support had been received from a citizen on the Cherney Development petition. Mr. Radford also received a telephone call in favor of the development. Mr. Holladay updated the commission on the JJDR petition. The rezoning request was based on a Personal Improvement Services use, as determined by the Zoning Administrator. The Petitioner is questioning if it should fall under Commercial Indoor Sports and Recreation. The staff report is based solely on a Personal Improvement Services use. Commercial Indoor Sports is defined as skating rinks, bowling alleys, swimming pools, and etc. Mr. Murphy stated that Personal Improvement Services does cover the proposed use of a golf simulator used for physical therapy and instruction. A new application would have to be filed to change the requested use. Mr. Thompson noted that the proposed zoning ordinance amendment for parking of recreational vehicles on corner lots would not normally have a first reading by the Board of Supervisors before the Planning Commission public hearing; however, this had to be "fast- tracked" due to the Board of Supervisors having only one meeting in November. The Hollins Area Plan will go before the Board of Supervisors on November 11, 2008. There was no site viewing, as Supervisor Flora was joining the commission for dinner. With no further comments, Mr. McNeil adjourned the work session at 4:37 p.m. Page 2 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 EVENING SESSION: Mr. McNeil called the Public Hearing to order at 7:00 p.m. He gave the invocation and led the pledge of allegiance. The petition of Theodore J. Foster to obtain a Special Use Permit in an R -1, Low Density Residential District, for the purpose of constructing a private stable on 5.801 acres located at 4535 Red Barn Lane, Vinton Magisterial District (continued from the April 1, 2008, Public Hearing) was presented by Ms. Blankenship. Mr. Azar inquired about the location of the fecal pile. It would be located at the northwest side of the property between the run -in shelter and the existing garage. It is between the Foster home and that of the adjoining neighbor. Ms. Blankenship noted there is a stand of existing evergreens that would serve as a buffer from the adjacent property. Dr. Theodore J. Foster, 4535 Red Barn Lane, Roanoke, spoke on his petition. His intention is to have a low density of animals for family enjoyment only. He stated the compost pile is closest to his residence and would be within approximately two hundred (200) yards of the next nearest residence. Mr. Wayne Pike, 4509 Red Barn Lane, Roanoke, spoke in opposition of the petition. He presented the commission with photographs of the location of his home in comparison to the Foster's. He stated that the compost pile would be closer to his home than the Petitioner's. There are approximately eleven (11) homes behind the Foster's. He felt his landscaping along his property line would be affected and that an electric fence would be a safety hazard. He stated that an adult horse produces approximately fifteen (15) to twenty (20) pounds of feces per day. He felt the use would not be conducive to the neighborhood and may decrease the quality of life and property values. He asked the commission not to subject the neighborhood to this. Mr. James Anderson, 4604 Phyllis Road, Roanoke, also spoke in opposition. He stated that his home is downwind from the Foster's. He noted that there is a horse facility approximately three - fourths of a mile from them that he can smell from his home. He has no personal complaint against the Foster's; however, he was very concerned for his wife, who is a sever asthmatic. He said smells cause her to be sick and airborne particulates may cause danger to her. He also stated that a realtor advised him that the neighboring horses may devalue his property by at least ten (10) percent. He asked the commission to deny the request. Mr. Lewis Hartwell, 4567 Red Barn Lane, Roanoke, presented a petition signed by seven (7) neighbors who oppose the petition. He stated that Dr. Foster is a good neighbor, but the horses did not fit in their neighborhood. Mr. John Recktenwald, 4601 Phyllis Road, Roanoke, voiced his concern about odor and insects the horses may attract. He stated he consulted a friend, who is a farmer, about having horses. The friend felt that three (3) animals on three (3) acres would "clean" the land, which would eventually become muddy with no grass. Mr. Recktenwald stated that Mr. Anderson's home is approximately one hundred (100) feet from the proposed fence line. Mr. Anderson corrected that to fifty (50) feet. With no other citizens to speak, Mr. McNeil closed the Public Hearing. Mr. Azar told Dr. Foster that the neighbors have concerns about an electric fence and that he has concern about the waste in the vicinity of wells and septic systems. Dr. Foster showed the commission a site plan of his three (3) parcels, indicating the location of the run - in shelter and compost pile. He explained that the compost "pile" is actually a small building. He does not intend to use barbed wire. If there is major objection, he is willing not to use an Page 3 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 electric fence. Feces in the field would be drug or harrowed for natural compost. He does not intend to breed any animals. He is requesting a maximum of three (3). He would start with one horse, and then add another for companionship, possibly a miniature horse or pony. Being a veterinarian, he felt he understood the amount of feces produced by the animals. He also understood the neighbors' concerns. He stated the proposed fence line is set back, as not to disturb the neighbors' foliage. Ms. Hooker asked about the size of the proposed shelter. Though he did not have a plan drawn, Dr. Foster stated it would be low -rise (lower than his ranch -style home), approximately twelve (12) to fourteen (14) feet. The shelter is a "wind break ", not a stable. Mr. Radford asked Dr. Foster how he knew that the horses would not overgraze the field and turn it to dirt. Dr. Foster said fencing would be used for rotational grazing during warm months. Supplemental feed would be used during the winter. The area of the shelter and compost pile has high foliage. He noted that large areas can be overgrazed as well as small ones. It depends on the management of the field. The number of animals per acre was discussed. Dr. Foster stated he would be willing to have less than three (3). Mr. Radford asked if he would be willing to proffer one (1) horse. Dr. Foster was reluctant to do so because frequently they have trouble being alone; however, he stated he would obtain a miniature if the one should require a companion. Mr. Azar stated that the Petitioner has sufficient land and that the Special Use Permit allows this use to come before the board. He thought there was still not enough information, such as a concept plan for the shelter, a plan to shelter the animals during inclement weather, and electric fencing. He felt this was outside of residential use. Mr. Jarrell asked that it be noted that of the seven people who signed the petition of Opposition, four of those spoke at the public hearing. He also stated that he could not believe a licensed realtor would make a written statement that neighboring horses would devalue a property. Mr. Azar made a motion to forward the petition to the Board of Supervisors with an unfavorable recommendation. Mr. Thompson called the roll and the motion carried, 4 -1. AYES: Radford, Azar, Hooker, McNeil NAYES: Jarrell 2. The petition of American Electric Power (AEP) to rezone 13.103 acres from C -1 C, Office District with Conditions, to 1 -2C, High Intensity Industrial District with Conditions, for the purpose of constructing a construction yard located at the 1800 block of Loch Haven Drive, Catawba Magisterial District, was presented by Mr. Beard. Mr. Azar announced that, for full disclosure and to avoid any appearance of conflict of interest, he is employed by AEP and would not vote or comment on this petition. Mr. Beard stated there are two hundred twenty -eight (228) employees at this AEP location. No additional personnel would be added and there is no anticipated increase in vehicle traffic. The proposed extension of the construction yard would be strictly for the storage of heavy materials. He felt it is reasonable to bring their entire site under one zoning category. AEP will proffer substantial conformance to the concept plan dated August 14, 2008, prepared by Spectrum Design. Ms. Hooker questioned the dates of the two (2) conditions noted in the staff report. Mr. Beard stated these are existing conditions on the property and are more for legality, consistency, and to protect neighbors. AEP is not proposing a building. They would not have a by -right ability to expand with the substantial conformance condition. Ms. Hooker asked about the neighbors' protection once the screening and buffering is in place. Mr. Beard stated there would be some impact: however, they would do their best to minimize. Page 4 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 Mr. Mike Rakes, 41 Wyndale Crossing, Daleville, of Spectrum Design spoke on behalf of AEP. The intent of AEP is to take all of the neighbors into consideration first. All healthy growth on the site will be preserved. With the difference in elevation, the site should be mostly out of view from both directions. The concept plan will be proffered. Any future development would be long range and would go through the appropriate processes. Ms. Hooker questioned the lighting. Mr. Rakes stated the proposed lighting is the minimum needed for security. Some of the materials to be stored are very expensive. AEP needs additional storage for this equipment to improve service to the community. There would be larger lights for rare, short -term, emergency use during power outages. Mr. Jeff Ell, 1847 Louise Wells Drive, Roanoke, spoke on the petition. He stated he objected to rezoning property for the simple convenience of his corporate neighbor, when other viable and simple options are available. There are numerous properties for sale in the county that are already zoned high intensity industrial, which AEP could purchase. He felt they could move the storage facility to the south on the part of their property already appropriately zoned, which would keep it further away from the residential part of the neighborhood. It was his opinion that the original zoning in 1987 was correct. It provided a zoning buffer between the industrial site and the residential neighborhood. He believes property values would be affected by a high intensity industrial neighbor. He disagreed with two (2) points in the staff report. He stated that, in the Future Land Use Map, the definition of "core" does not equal industrial. He also felt there would be increased noise volume. Mr. Ell stated that bringing in gravel and heavy construction equipment would destroy the road. With no other citizens requesting to speak, Mr. McNeil closed the Public Hearing. Ms. Hooker asked for a response from the Petitioner on Mr. Ell's points of concern. Mr. Rakes and Ms. Saundra Stevens of AEP replied. AEP has full intention of repairing the road to the same, or most likely better, condition. There will be no new access road. They will slightly expand the existing access road, which is currently in an 1 -2 zoning area. In response to the noise level, Ms. Stevens stated that this is not a typical service building, so trucks would not be going in and out. They will store materials for long range projects. This equipment would be pulled when funds were available or in rare emergency situations. Ms. Hooker made a motion to forward the petition, including the two (2) conditions in the staff report plus the concept plan dated August 14, 2008, to the Board of Supervisors with a favorable recommendation. Mr. Thompson called the roll and the motion passed, 4 -0 -1. AYES: Radford, Jarrell, Hooker, McNeil NAYES: None ABSTAIN: Azar 3. The petition of Faith Fellowship Church to obtain a Special Use Permit in a C -2, General Commercial District, for the purpose of Religious Assembly on 1.0 acre located at 4108 Electric Road, Cave Spring Magisterial District was presented by Ms. Blankenship. The Petitioner is proposing interior renovations to accommodate two hundred thirty (230) seats. They propose Sunday and Wednesday evening services. There is sufficient on -site parking for fifty -nine (59) spaces. A core designation is not generally appropriate for a tax - exempt use. Mr. McNeil asked if the building was leased would it be tax - exempt based on the use. Mr. Obenshain answered that it would. (This statement was corrected at the end of the meeting. The owner would still incur real estate taxes.) The original fifty -four (54) parking spaces indicated were prior to the architect's concept plan being developed. A traffic impact analysis is not required. Mr. Ray Craighead of Craighead and Associates, architect on the project, spoke on behalf of the Petitioner. He stated with seven hundred sixty -three (763) gross square feet, the building Page 5 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 can seat two hundred twenty -one (221) by code (7 square feet per person). One (1) parking space is required for every four (4) seats. There is enough parking for two hundred thirty-six (236). With no citizens to speak on the petition, Mr. McNeil closed the Public Hearing. He moved to forward the petition to the Board of Supervisors with a favorable recommendation. Mr. Thompson called the roll and the motion passed, 5 -0. AYES: Radford, Jarrell, Azar, Hooker, McNeil NAYES: None 4. The petition of James R. Cherney to rezone approximately 4.75 acres from R -3C, Medium Density Multi - Family Residential District with Conditions, to C -1 C, Office District with Conditions, for the purpose of constructing an office building located between the 2300 block and 2400 block of Electric Road and 2315 Bridle Lane, Windsor Hills Magisterial District was presented by Mr. Holladay. There are eight (8) proffered conditions proposed by the Petitioner. There was discussion of the elevation difference between the building and Route 419. Cherney Development is proposing a seventy -five (75) foot building. It could be eighty (80) feet by calculation. The building would set at least twenty -five feet below Route 419. Mr. Radford asked about the abandonment of the paper street off of Stoneybrook Drive. If all residents agreed, the county could work with VDOT to abandon the street. Each adjoining property owner would receive an equal portion of the land. Ms. Maryellen Goodlatte, attorney for Mr. Jim Cherney, spoke on the Petitioner's behalf. She displayed a parcel map and described other office buildings across Route 419. There are residential properties behind and along one side of the site. She discussed Mr. Cherney's 2006 petition for a multi - family development on the site, which was withdrawn due to concerns by the neighbors. At that time the neighbors requested office use instead. Mr. Cherney conducted a community meeting before submitting his current application. He is proposing a Leadership in Energy and Environmental Design (LEED) influenced building design. The third floor will have a green roof with a courtyard. The two (2) upper floors are smaller. The taller side of the building would face Route 419 and the shorter side would face the residential neighbors. A system is proposed that recirculates stormwater for wastewater and irrigation. Ms. Goodlatte displayed a comparison of heights of other buildings along the Route 419 corridor. At the highest point the proposed building would be fifty -seven (57) feet above Route 419. She stated that the proffered conditions in the staff report were composed with the assistance of the neighbors. Ms. Joy Taylor, 5206 Stoneybrook Drive, Roanoke, spoke in favor of the petition. Her property abuts the Cherney land. She stated that three (3) of the four (4) adjoining neighbors are handicapped. She requested that Mr. Cherney install a fence to prevent access to their properties. Mr. Cherney was agreeable. He will meet with them to choose what type of fence they would prefer. It will be at least six (6) feet tall. The fence can be added without changing the proffered substantial conformity of the concept plan. Mr. Ken Landgraf, 2129 Bridle Lane, Roanoke, also spoke in favor of the petition. He was impressed with and appreciated Mr. Cherney working with the neighbors. He believes the building design will be an asset. The commission also commended the collaboration of the neighbors and developer. With no other citizens to speak, Mr. McNeil closed the Public Hearing. Mr. Radford stated that he would like the paper street vacated. Mr. Obenshain preferred not to make this a condition on the developer because the adjoining property owners would Page 6 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 make the determination. The street is a dead end at the Cherney property. Mr. Jim Cherney spoke on his petition. He stated he has no opposition to handling the vacation of the street however the Board of Supervisors would prefer. He described a walking trail he would like to construct that would lead to the church. Ms. Goodlatte said the street vacation could not be accomplished at this meeting and should be put before the Board of Supervisors. Mr. Obenshain agreed. Mr. Radford also noted that he had received two (2) telephone calls in favor of the petition. He made a motion to forward the petition, including the eight (8) proffers from the staff report plus the fencing, 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 NAYES: None 5. The petition of JJDR Company, LLC to rezone 1.13 acres from a C -1C, Office District with Conditions, to a C -2, General Commercial District for the purpose of conducting personal improvement services located at 1919 Electric Road, Windsor Hills Magisterial District was presented by Mr. Holladay. He informed the commission that there had been discussion with the Petitioner regarding Personal Improvement Services versus Commercial Indoor Sports and Recreation (a C -2 use). The Zoning Administrator has determined that Personal Improvement Services does cover what the Petitioner is proposing. Mr. McNeil inquired about the amount of square feet of the building used for each purpose. Approximately one thousand eight hundred (1,800) square feet will be used for Personal Improvement Services and five thousand (5,000) square feet for the physical therapy practice. There is adequate parking. Ms. Hooker inquired about additional signage. Dr. Richard J. Sidor, 5916 Black Horse Lane, Roanoke, spoke on his petition. He stated the existing sign posts are all he proposes to use. A sign will be added to the bottom. Dr. Sidor was agreeable to the C -1C zoning with a Personal Improvement Services use. Mr. Radford moved to send the petition to the Board of Supervisors with a favorable recommendation, requesting "Commercial Indoor Sports and Recreation" be struck from the proffered condition in the staff report. Mr. Thompson called the roll and the motion passed, 5 -0. AYES: Radford, Jarrell, Azar, Hooker, McNeil NAYES: None 6. Mr. Murphy presented proposed amendments to the Roanoke County Zoning Ordinance. The proposed amendment to Section 30 -91 -2 (General Regulations for Parking) would provide additional areas for the parking of recreational vehicles on corner lots. The proposed amendment to Section 30-22 -1 (Civil Penalties) would allow civil penalties to be assessed for violations associated with the parking of recreational vehicles, the parking of commercial vehicles, and the use of recreational vehicles for living or business purposes. He discussed the commission's work session on this topic and its opinion that there should not be any amendments. The Board of Supervisors thinks there is inconsistency and a disadvantage to corner lot owners because they have two (2) lot lines to deal with. In the past three (3) years, there have been approximately ten (10) to twelve (12) corner lot violations per year. Mr. McNeil felt changing the ordinance would "create a monster". Additionally, there is no restriction on the number of recreational vehicles at one residence. The amendment clarifies the definition of a recreational vehicle. Page 7 of 9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 Mr. Murphy noted that civil penalties were requested to minimize the number of needed court proceedings. The fine would be more significant than a parking ticket. If passed, the penalties could also apply to the old ordinance. Mr. Jarrell asked the reasoning behind parking behind the house line. Mr. Murphy explained it is for safety purposes and visibility of house numbers. There was considerable discussion of safety on corners if the two (2) building lines were not used. Ms. Hooker was also concerned that it would cause a visual nuisance. She felt correcting one issue was only creating another. She requested the commission vote separately on the two amendments. Mr. Obenshain agreed that the two amendments should be voted on separately. Mr. Azar asked for clarification of the definition of a commercial vehicle. Mr. Murphy explained that it is any vehicle with dual rear wheels, excluding a dually pick -up truck. Parking of commercial vehicles is not permitted in any residential zoning. Mr. Radford did not see a problem making one (1) building line. He agreed with the Board of Supervisors that there is a disadvantage. Mr. Jarrell asked if the building line is the setback or actual building. The building line is the setback. There was considerable discussion of possible requests to build garages or other buildings on corner lots using only one building line. Mr. McNeil moved to deny the proposed amendment to Section 30 -91 -2, General Regulations for Parking. Mr. Thompson called the roll and the motion passed, 4 -1. AYES: Jarrell, Azar, Hooker, McNeil NAYES: Radford Mr. McNeil then made motion to approve the proposed amendment to Section 30 -22 -1, Civil Penalties. Mr. Thompson called the roll and the motion passed, 5 -0. AYES: Radford, Jarrell, Azar, Hooker, McNeil NAYES: None Final Orders The petition of Starkey Medical, PC to modify existing proffered conditions in a C-1 C, Office District with Conditions, on 1.241 acres located at 5681 Starkey Road, Cave Spring Magisterial District was approved with conditions by the Board of Supervisors at its public hearing on October 28, 2008. The petition of Mel Wheeler, Inc. to obtain a Special Use Permit in an AG -3, Agricultural /Rural Preserve District, for the construction of a 170 -foot broadcast tower on 3.06 acres located at 8131 Honeysuckle Road, Windsor Hills Magisterial District was approved with conditions by the Board of Supervisors at its public hearing on October 28, 2008. The petition of Bonsack Baptist Church to obtain a Special Use Permit in an R -1, Low Density Residential District, for the purpose of Religious Assembly on approximately 3.30 acres located at the 4800 and 4900 blocks of Cloverdale Road, Hollins Magisterial District was approved with conditions by the Board of Supervisors at its public hearing on October 28, 2008. Commissioners' Comments Ms. Hooker voiced concern that the commission should carefully consider petitions for Religious Assembly in commercial districts. She voted in favor of the Faith Fellowship petition because she did not want to deny the owner the rent. The building has been vacant for some time. Page 8of9 ROANOKE COUNTY PLANNING COMMISSION MINUTES November 3, 2008 Staff Comments Mr. Obenshain clarified that in a leasing situation, where the renter is tax - exempt and the owner is not, the owner is responsible for paying real estate taxes. A tax - exempt use does not convey to ownership. With no further business or comments, Mr. McNeil adjourned the meeting at 9:44 p.m. Respectfully Submitted: 6 &1:U=' Becky Meador Recording Secretary, Roanoke County Planning Commission (,- �'4 JJ - 'J", --- Philip ompson Secretary, Roanoke County Planning Commission Approved. l il Rodney McNeil Chairman, Roanoke County Planning Commission Page 9 of 9