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HomeMy WebLinkAbout9/4/2007 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2007 Commissioners Present: Mr. Gary Jarrell Ms. Martha Hooker Mr. Al Thomason Mr. Steve Azar (arrived after the worksession) Commissioners Absent: Mr. Rodney McNeil Staff Present: Mr. Philip Thompson Mr. Joe Obenshain, Sr. Assistant County Attorney Mr. David Holladay Mr. Tim Beard Mr. John Murphy Ms. Tammi Wood Ms. Megan Cronise Ms. Nicole Gilkeson Mr. Chris Patriarica Ms. Susan Carter, Recording Secretary Guest: Mr. Gene Marrano WORK SESSION: Session opened at 4:00 p.m. by Mr. Jarrell. Approval of Agenda Ms. Hooker moved to approve the agenda. Motion passed 3 -0. Approval of Minutes Mr. Jarrell deferred approval of the minutes to the evening session. Approval of Consent Agenda Ms. Wood, Ms. Gilkeson, Mr. Thompson, and Mr. Holladay provided brief overviews of the consent agenda items. Staff and the commissioners discussed various aspects of the petitions. Ms. Hooker moved to approve the consent agenda. Motion passed 3 -0. Comments There were none. Site Viewing The meeting was adjourned for site viewing at 4:12 p.m. PUBLIC HEARING: Mr. Jarrell called the meeting to order at 7:00 p.m. Ms. Hooker gave the invocation and led the pledge of allegiance. 1. The petition of Fralin & Waldron Commercial Rental to rezone15.67 acres from C -1 C, Office District with conditions, to PTD, Planned Technology Development District, for the operation of an office and assembly of technological /engineered products, located at 1325 Electric Road, Windsor Hills Magisterial District. Mr. David Holladay, Roanoke County Planning Department, presented the staff report. Mr. Ed Natt, Esquire, spoke representing the petitioner. He introduced members of the design team. Mr. Andrew Kelderhouse, Fralin & Waldron, provided a brief history property. He discussed the concept plan and the topography of the property. He discussed traffic flow and the hours of operation, which will be 8:00 a.m. to 5:00 p.m. He stated the company will have approximately 450 employees. He discussed the economic development aspect of the business. Mr. Steve Peak, spoke regarding the company. He stated this business is currently operating at the GE facility in Salem. He stated the company will be assembling electrical control panels. He stated they will be using local supply companies. He stated they currently have 265 employees but the operation is growing. He discussed staffing. He stated they will provide custom solutions to customers. Mr. Kelderhouse discussed screening and buffering. He stated they will create an understory of buffering. Mr. Azar inquired about occupants of the building. Mr. Kelderhouse stated currently a tenant is using a portion of the building. He stated they plan to use the balance of the building space. He stated eventually the petitioner will be the sole occupant of the building. Mr. Thomason inquired if the entire operation would be moving. Mr. Natt stated the petitioner's entire operation would be moving to this location. Ms. Helen Sublette, 5577 Valley Drive, stated her neighborhood was being 'assaulted' by surrounding development. She expressed concern regarding proper notification of the hearing. She expressed concern regarding negative changes to the neighborhood. Mr. Natt stated the petitioner is trying to utilize existing land with proper zoning. Mr. Azar inquired about potential manufacturing noise. Mr. Natt stated it is assembling business, not a manufacturing business. He stated hand - drills will be used during the assembling process. Mr. Thomason expressed interest in 2 keeping jobs within Roanoke Valley. Mr. Azar stated the business is appropriate for the area. Ms. Hooker asked staff about notification of the hearing. Mr. Holladay discussed the notification process. Mr. Jarrell inquired about posting of the property. Mr. Holladay stated the property was posted. He stated the notice of hearing signs are currently on the property. Mr. Thomason then made the motion to recommend approval of the request with the following conditions: The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under date of August 16, 2007. 2. The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16, 2007. 3. The new structure will be started within three (3) years and will be complete within forty -eight (48) months from rezoning. 4. The use of the property shall be limited to the following uses: a. C -1 Office District uses per Section 30 -53 of the Roanoke County Zoning Ordinance. b. Industry, Type 1 as defined in Section 30 -29 -6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. 5. The Industry, Type 1 use as defined above shall be limited to 25% of the gross building floor area of the site. 6. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 7. Any new freestanding light poles shall not exceed 14 feet in height. 8. New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum 2" caliper. Evergreen shrubs: minimum 36" in height. AYES: Azar, Thomason, Jarrell, Hooker NAYS: None ABSENT: McNeil Motion passed 4 -0. 2. The petition of McNeil Asphalt Maintenance, Inc., to obtain a Special Use Permit to operate a construction yard in an AV, Agricultural /Village Center District, on 1.87 acres, located at 2914 Jae Valley Road, Vinton Magisterial District. Mr. Tim Beard, Roanoke County Planning Department, presented the staff report. Mr. Azar inquired about the use and history. Mr. Beard discussed the use and history of the business. Mr. Azar expressed concern regarding use of the property prior to acquiring a SUP. Mr. Ed Natt, Esquire, spoke representing the petitioner. He provided a brief history of the petition. He introduced Ms. Tesa Thurman, the petitioner's daughter. Ms. Thurman stated she spoke with planning staff three times regarding allowable use of the property. She stated staff told her since the property had previously been used for RV repair, the use would be grandfathered. Mr. Natt stated he has since advised Ms. Thurman she should have acquired written approval. Mr. Natt discussed land use issues. He stated according to the ordinance the proposed use is a permitted use with a SUP. He discussed the real estate listing for the property and presented photos. He stated the appearance of the property has improved from the previous use. He stated they want to fit in with the community. He discussed the equipment and contents of storage tanks which are currently on the site. He introduced Mr. Jeff Caton of Neyra Industries. Mr. Caton stated the contents of the tanks are water based emulsion and non - toxic. He stated the contents harden quickly if a spill occurs. Mr. Natt stated they will proffer a retaining wall to capture a spill and prevent runoff. He discussed hours of operation and staffing needs. He discussed the paving process. He stated asphalt will not be at the site. He stated vehicle will not be cleaned at the site. He stated they are willing to add to existing buffering. He stated the materials stored on the property are not hazardous materials. He discussed the current use being less intense than previous use. Mr. Azar inquired about hours of operation. Mr. Natt affirmed the hours would be daylight hours and work will be during warmer months. Mr. Azar inquired about action previously taken. Mr. Natt discussed the administrative appeal filed with the BZA. Mr. Azar inquired about the contractor's yard use. Mr. Natt discussed this issue. Mr. Azar inquired about buildings constructed on the property. Mr. Natt stated the petitioner was told by the contractor a building permit would not be needed. Ms. Hooker inquired about photos. Mr. Natt and Mr. Caton explained the various photos. Ms. Hooker inquired about materials stored in tanks. Mr. Natt stated they are willing to provide provisions to protect the environment. Mr. Thomason suggested 11 having sample of the materials tested to prove they are non - toxic. Mr. Jarrell inquired about materials. He also inquired about the MSDS information. Mr. Caton stated all materials are listed on the company website. He discussed the materials used. Mr. Garcia discussed use of propane located onsite. Mr. Larry Bartlett, Brookfield Homeowners Group, spoke against the petition. He expressed concern regarding stormwater runoff into the retention pond. He stated the proposed use is not in accordance with the Comprehensive Plan. He stated citizens never had the opportunity to provide input regarding the previous use of the property. Mr. Michael Roop, President of the Mt. Pleasant Civic League, spoke against the petition. He expressed concern regarding stormwater management, water contamination, and adverse effects to the rural nature of community. He stated the civic league unanimously voted to deny the petition. Mr. Natt stated the use is already permitted in this district with an SUP. He stated the property appearance has been improved. He discussed the stormwater retention pond. He discussed the petitioner's responsibility for any pollutants from the property. He stated the petitioner will prevent and control spills on property. Mr. Thompson stated that the commission had received a packet of citizen emails opposing the petition. He discussed the ability of the commission to impose conditions on special use permits. Mr. Azar discussed that the petitioner stated he thought he was within the guidelines. He discussed landuse issues. He discussed the process of requesting a SUP for this use to determine if there would be negative impacts. He noted the petitioner is currently operating without permits. Ms. Hooker discussed not having information received from staff in writing. She stated the proposed use is an intense use not compatible with the area. She suggested attaching conditions whether the petition is approved or denied. Mr. Thomason stated the materials should be tested to see if contaminants. Mr. Jarrell stated the petition is not in conformance with the Comprehensive Plan. Mr. Azar then made the motion to recommend denial of the request. AYES: Azar, Thomason, Jarrell, Hooker NAYS: None ABSENT: McNeil Motion passed 4 -0. Approval of Minutes Mr. Azar moved to approve the August 7, 2007, PCPH minutes. Motion passed 3 -0 -1 with Ms. Hooker abstaining. Mr. Azar moved to approve the August 21, 2007, PCWS minutes. Motion passed 3 -0 -1 with Mr. Thomason abstaining. Final Orders 1. The petition of Community Church to obtain a Special Use Permit to construct a religious assembly facility on approximately 11 acres, located at 4505 and 4625 West Main Street, Catawba Magisterial District was approved by the Board of Supervisors at the Public Hearing on August 28, 2007. 2. The petition of Seaside Heights, LLC, to rezone 2.22 acres from C- 2S, General Commercial District with Special Use Permit, to C -2S, General Commercial District with Special Use Permit to amend the proffered site plan to construct a drive -in and fast food restaurant and retail building, located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District was approved by the Board of Supervisors at the Public Hearing on August 28, 2007. 3. A proposed amendment to the Roanoke County Zoning Ordinance. The proposed amendment to Section 30 -74 FO Floodplain Overlay District would incorporate the updated FEMA Flood Insurance Study and would create a special floodplain designation was approved by the Board of Supervisors at the Public Hearing on August 28, 2007. 4. A proposed amendment to the Roanoke County Zoning Ordinance. The proposed amendment to Section 30 -61 I -1 Industrial District and Section 30 -62 1-2 Industrial district would allow Public Parks and Recreational Areas as a by right permitted use in these districts was approved by the Board of Supervisors at the Public Hearing on August 28, 2007. Comments Mr. Billy Altice, 2392 Rainelle Street, spoke unfavorably about the McNeil petition. He expressed concern regarding contamination of his well which is 200 feet from the property line. He also expressed concern regarding buildings constructed without permits, holding tanks, and possible retention pond contamination. Mr. Azar suggested amending Planning Commission Bylaws regarding speaking time allowed for petitioners and their representatives. There being no additional business, the meeting was adjourned at 9:35 p.m. Respectfully Submitted: f Susan Carter Recording Secretary, Roanoke County Planning Commission /64. 'PJ U hilip T meson Secret ry, Roanoke aunty Planning Commission Approved: Gary rrell Chai man, Roanoke County Planning Commission 7