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HomeMy WebLinkAbout10/4/2005 - Minutes Amended ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 4, 2005 Present:Ms. Martha Hooker Mr. Steve Azar Mr. Rodney McNeil Mr. Gary Jarrell Mr. Al Thomason Ms. Janet Scheid, Secretary Mr. David Holladay Mr. Tim Beard Ms. Susan Carter, Recording Secretary Guests:Mr. Cody Lowe, The Roanoke Times WORK SESSION: Session opened at 4:00p.m. Approval of Agenda Mr.Thomasonmoved to approve the agenda as amended. Motion passed 5-0. Approval of Minutes Mr.Azarmoved to approve the September 6, 2005 PCPH and September 20, 2005 PCWS minutes. Motion passed 5-0. Approval of Consent Agenda Mr.Azarmoved to approve the consent agenda. Motion passed 5-0. Spot Blight Abatement Mr. JustinBiller, Assistant Building Commissioner, provided aprogress report on the Shelton property. He stated the property is not yet in compliance. He showed the PC current pictures of the property. He stated the property had been cleaned up but now is a mess. He stated the owner has failed to implement the plan as in #7 of the Spot Blight Abatement provisions. Ms. Scheid reviewed the procedure. Ms. Hooker noted since the existing shed which was to have been torn downstill remains on the property,the property owners are not in compliance. Mr. Biller and Ms. Scheid both stated the house has been cleanedand repaired. Mr. Biller explained procedural options available. Mr. McNeil asked about documentation of notice given to property owners. Mr. Biller stated Mr. Joel Baker has copies of letterson file notifying the property owners.Mr. Jarrell reviewed the history of request. He expressed concern that the property would revertback to the wayit was if the county releases the property.Mr. Azar stated it is time to release the request to the BOS. Mr. McNeil expressed concern that the ownersmaynot realize the lot is includedin 1 the request.Mr. Jarrell noted the property has been identified by the tax map number which includes the entire parcel. Mr. Azar made a motion to forward the Spot Blight Abatement request to the BOS. The motion passed 5-0. Site Viewing The meeting was adjourned for site viewing at 4:22p.m. PUBLIC HEARING: Ms. Martha Hooker called the meeting to order at 7:08p.m. Mr. Al Thomason gave the invocation and led the pledge of allegiance. 1.The petition of the Board of Supervisors to amend the Roanoke County Zoning Ordinance, Section 30-29-5 commercial use types to include a new definition for “adult business”, and Section 30-54-2(B)2 C-2 General Commercial to add adult business as a use allowed only by special use permit and Section 30-85-__ to add additional use and design standards for adult businesses.Ms. Janet Scheid, Roanoke County Planning Department, presented the staff report. She reviewed the history of the petition. She stated the county is taking a proactive approach to this issue. Mr. Azar stated that amending the ordinance is in-line with adjacent localities. He stated it is a good opportunity to establish restrictions by making the necessary adjustment. Mr. Thomason discussed the distance adult businesses could be from certain types of facilities. Ms. Hooker reviewed the proposed ordinance. Ms. Scheid reviewed the restricted types of buildings. Mr. Thomason expressed concern regarding the distance an adult business could be from schools. Ms. Hooker noted the proposed distance required would be 300 feet along with a Special Use Permit. Mr. McNeil stated he is concernedabout the distance but noted it is acceptable since it also requires an SUP. Mr. Jarrell noted too much distance would be dangerous from an enforcement standpoint. Mr. Azar noted the PC has had several worksessions to discuss this issue. He stated he is comfortable with the 300 feet and SUP requirement. Mr.Azarmade the motion to recommend approval of the request: AYES:Hooker, Azar, McNeil, Jarrell, Thomason NAYS:None ABSENT:None 2 2.The petition of Winter Properties Partnership, LLCto obtain a Special Use Permit to construct mini-warehouses on 1.503 acres, located at 2205 Washington Avenue, Vinton Magisterial District. Ms. Kate Youngbluth, Roanoke County Planning Department, presented the staff report. Mr. Scott Winter, Winter Properties Partnership, spoke regarding the petition. He stated due to the slope of the property, it will be two stories. He stated the bottom of the structure would be storage since it would be difficult to rent.Mr. Azar asked about the upper level of the structure. Mr. Winter stated he intends to rent to retail businesses. He stated heis interested in providing storage and commercial rentals. Mr. Azar asked about stormwater retentionfor the property. Mr. Winter provided a history of the pond, noting LumsdenAssociatesdesigned it in 2003 for a building larger than the proposed building. He stated the stormwater management provisions work well.He stated there were some issues with the drainage system prior to the completion of theexistingbuilding. Mr. Bill Sizemore, 4350 Pitzer Road, spoke representing the Loyal Order of the Moose.He stated their objection is drainage. He stated their property adjoins the petitioner’s property. He stated they receive a considerable amount of stormwater runoff from this property. Mr. McNeil asked if the lodgehad stormwater issues prior to the construction of the warehouses. Mr. Sizemore stated since he was not in thisarea at the time, he does not know the previous history of the property.He explained the slope of the property and the runoff issue. Mr. Winter reiterated that they had problems during the constructionprocessbut notafter completion when the drainage provisions could be used. Mr. Azar requested staff review Moose Lodge property regarding stormwater issues. Mr.Azarmade the motion to recommend approval of the requestwith the following condition: 1.Mini-warehouse use allowed on the first floor of the building only. Mr. McNeil asked if runoff from the building would be addressed during site plan review. Ms. Youngbluth explained it would be addressed for the petitioner’s property. Ms. Scheid explained the review process. AYES:Hooker, Azar, McNeil, Jarrell, Thomason NAYS:None ABSENT:None 3.The petition of Thomas Q. Johnson to obtain a Special Use Permit to construct an accessory apartment on .43 acres, located at 3652 Bond Street, Windsor Hills Magisterial District. Mr. Tim Beard, Roanoke County Planning Department, presented the staff report. Mr. Thomasonasked if the design standards are in order.Mr. Beard affirmed the design standards are in order. Mr. Thomason inquired about the height of the proposed building. Mr. Beard stated the height would be 3 close to the height of the existing house. He explained height restrictions according to the ordinance. Mr. Thomason inquired about driveway provisions. Mr. Beard stated he is asking that they not extend the driveway beyondthe rear of the garage. Mr. Jarrell asked about the 50 ft. setback of the addition. Mr. Beard explained the rear setbackrequirement is 25 ft. Mr. Azar inquired about constructing the building without a kitchen. Mr. Beard stated a kitchen is generally the item which distinguishes it as an accessory apartment. Mr. Thomas Johnson, 3652 Bond Street, spoke regarding the petition. He stated the intent is to house his elderly parents which have moved to the area from Alabama. Mr. Jarrell asked about the number of floors the structure would have. Mr. Johnson stated it would have a single floor design. He stated it would not be higher than the existing house. Mr. McNeil noted by right the petitioner could build an addition without a kitchen. Several neighbors spoke against the petition. Mr. Frank Scherrep,3613 Bond Street,stated it changes the environment ofthe neighborhood since the apartment can later be used as rental property. Ms. Charlsie Pafford, 3621 Bond Street,stated she has lived in the neighborhood approximately 30 years. She stated although she is not opposed to caring for parents, she is concerned the property will later be used as rental property. She expressed concern this would open the area up to additional constructionon the back of large lots. Ms. Hooker noted according to the ordinance, the owner must occupy the principal dwelling. Ms. Peggy Mehl, 3656 Gaye Lane,stated the large building will block her view. She expressed concern regarding renting the apartment to others. She stated the petitioner moved into the two-story house 18 months ago and should have considered his parents at that time. Ms. Hooker asked if staff has any data indicating trends regardingthis type of construction. Mr. Beard stated he was unaware of the availability of this type of information. Mr. Derwood Basham, 3658 Bond Street, statedthe neighborhood consists of single family dwellings. He noted there are other options available to take care of parents. Ms. Karen Jenks, 3606 Bond Street,stated the petitioner installed a 6 ft. fence dividing the front yard. She stated the petitioner was forced to lower the fence. She stated the new dwelling will take most of the rear yard. 4 Mr. Chris Shaver, 3607 Bond Street,stated he was attracted to the single family aspect of the neighborhood when he purchased his home. He expressed concerns regarding lowering of property values and additional cars being parked in the area. Mr. Thomason noted change is sometimes an improvement. Mr. Jarrell asked for clarification of the rear setback and building requirements. Mr. Beard discussed the setback and noted the accessory apartment would need to be connected to the principal dwelling. Mr. Jarrell asked if the SUP would convey if property is sold. Ms. Scheid stated the SUPand conditionswould conveywith the property.Mr. McNeilasked if the SUP could be proffered to include this owneronly. Mr. Beard discussed enforcement issues. Ms. Scheid stated the county attorney would need to be consulted since it is a land use issue.Mr. Azar expressed concern regardingthe impact the apartment would have on the neighbors. He stated the county needs to take a closer look at regulations regarding accessory apartments. Ms. Hooker inquired about lot coverage. Mr. Beard stated the proposed structure meets current standards. Ms. Hooker noted it is a viable option according to the ordinance. She expressed concern regarding imposing certain types of restrictions on properties.Mr. Azar stated he is opposed to including a kitchen in the addition. Mr.Thomasonmade the motion to recommend approval of the request with the following conditions: 1. The accessory apartment shall be constructed of exterior materials similar to those of the existing residence and shall not exceed a roof peak height of 25 feet. 2. Driveway access shall not extend past the rear wall of the existing garage. AYES:Hooker, Jarrell, Thomason NAYS:Azar, McNeil ABSENT:None Comments Ms. Scheid encouraged the commissioners to attend the Tourism Open Houses at various locations. She stated more detailed information on these events can be found on the Roanoke County website,www.roanokecountyva.gov. Final Orders 1.The petition of Lester George to rezone 375+acres from ARCS, Agricultural Residential with conditions and a special use permit and ARS, Agricultural Residential with special use permit to Planned Residential 5 District. The property islocated at 3687 Pitzer Road, Vinton Magisterial District. The purpose of the Planned Residential District petition is to develop a golf course resort and residential community with other uses per Section 30-47-2 B such as a clubhouse, restaurant and overnight cottage accommodations, and to develop a maximum of 89 single family residences on 375+acres for a density of .24 residential units per acre was approved by the Board of Supervisors at the Public Hearing on September 27, 2005. There being no additional business, the meeting was adjourned at 8:10p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 6