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HomeMy WebLinkAbout12/6/2005 - Minutes ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 6, 2005 Present:Ms. Martha Hooker Mr. Steve Azar Mr. Rodney McNeil Mr. Gary Jarrell Mr. Al Thomason Mr. Paul Mahoney, County Attorney Mr. Arnold Covey Ms. Janet Scheid, Secretary Mr. David Holladay Mr. Tim Beard Mr. Josh Gibson Ms. Becky Mahoney Mr. Anthony Ford Ms. Susan Carter, Recording Secretary WORK SESSION: Session opened at 4:00p.m. Approval of Agenda Mr.Jarrellmoved to approve the agenda. Motion passed 5-0. Approval of Minutes Mr.Azarmoved to approve the November 1, 2005PCPH and November 15, 2005 PCWS minutes. Motion passed 5-0. Approval of Consent Agenda Mr. Azarmoved to approve the consent agenda. Motion passed 5-0. Comments There were none. Site Viewing The meeting was adjourned for site viewing at4:03p.m. 1 PUBLIC HEARING: Ms. Martha Hooker called the meeting to order at 7:00p.m. Ms.Hookergave the invocation and led the pledge of allegiance. 1.The petition of Grant Avenue Development, Inc. to rezone 1.3014 acres from C-1, Office District and .0786 acres from C2C General Commercial District with Conditions to C-2C, General Commercial District with Conditions and to obtain a Special Use Permit for the construction of a fast food restaurant with drive-thru, located at 3814 Challenger Avenue, Hollins Magisterial District. Mr. Ed Natt, Esquire, requested a 60 day continuance. Mr.Jarrellmade the motion to approvethe continuance for 60 days: AYES:Hooker, Azar, McNeil, Thomason, Jarrell NAYS:None ABSENT:None 2.The petition of Cellco Partnership dba Verizon Wireless, to obtain a Special Use Permit to construct a 150 ft. broadcast tower on North Mountain, accessed from the 5200 Block of Keffer Road, Catawba Magisterial District. Ms. Janet Scheid, Roanoke County Planning Staff, presented the petition. Ms. Hooker inquired about lightingprovisions. Ms. Scheid stated written notification has not been received from Verizon stating the tower does not require lighting. She stated Craig Botetourt Electric Co-op would regulate electrical access. Mr. Azar asked if analysis for the AEP tower had been completed. Ms. Scheid referred to the coverage map for the AEP tower site. Mr. Greg Tully spoke representing Cellco Partnership. He introduced Mr. Keith Simmons-Engineer, Jackie Karp -Consultant, and Don Nichols- real estate advisor,who was unable to attend meeting. Mr. Tully provided basic details regarding the tower and reviewed the petition. He stated although the access road is already in place, it will need improvement. He stated they plan to install two microwave dishes. He stated that Verizon iscurrently co-located at the Catawba Fire Department towerbut that this connection is poorandif this petition is approved that connection would be removed. He discussed the AEP tower siteand said that locating at this site will not significantly improve the reception in this area. th He discussed the concerns expressed by citizens at the November 16 Community Meeting. He noted it would be difficult to acquire a lease for a 2 tower in the nearby Jefferson National Forest. He reported a successful ‘balloon test’ was performed today. Ms. Hooker asked about buildings. Mr. Tully stated one building would be constructed within the 12’x 30’ compound.Ms. Hooker asked about the location of utilities. Mr. Tully stated the electric company would decide if the utilities would be located above or below ground. Ms. Hooker asked about coverage comparison of AEP and proposed tower. Mr. Tully explained the coveragearea. Mr. Keith Simmons explained that since the AEP tower is located farther back on the ridge which would provide less coverage to Route 311 and does not reach the Newcastle area. Ms. Hooker asked about locating at Catawba Hospital. Mr. Tully stated it is close in proximity to the fire department wherecoverage is unacceptable. Mr. Jarrell asked about the construction of a tower in Newcastle. Mr. Simmons stated the tower planned for Newcastle has not been constructed. He stated the proposed tower would fill in the area which currently has no signal.Mr. Jarrell stated it appeared Craig County would benefit more from theproposedtower. Mr. Simmons stated Route 311, Blacksburg Road, and Dragon’s Tooth would also benefit. Mr. Jarrell inquired about antennas locating on the tower. Mr. Simmons stated no more than two microwaves would be installed to insureservice would be uninterrupted during power failures. Mr. Thomason stated the tower would be visible from the Appalachian Trail. He stated monopole design is preferred. He encouraged the petitioner to continue to search for a less invasive site. Mr. Azar expressed displeasure with the design and location of the proposed tower near the ridgeline. Mr. McNeil agreed better service is needed in this area. He expressed concern about the visual impacts of the tower. Mr. Simmons stated the tower would be located 80 feet below the ridgeline with 15-20 feet of the tower being above the treeline. He stated the lattice tower is more stable and offers more support. He stated it will be designed with co-locators in mind. Ms. Hooker also stated she was disappointed with the design and location of the proposed tower. Mr. Harold Wingate, Homeplace Restaurant, requested the citizens of Catawba Valley be considered in the decision making process. He stated respect should be shown to citizens’ rights and wishes. Ms. Laura Belleville spoke representing the Appalachian Trail Conservancy. She stated the tower would be visible from the trail. She stated it is important to protect the trailand North Mountainfrom the visual impact of the structure. She recommendedco-locating on another tower. Mr. Robert Giles, 6750 Blacksburg Road, expressed concern the petitioner was only addressing coverage on Route 311. He stated Blacksburg Road and Newport Road reception would not be greatly improved. He stated better coverage on Blacksburg Road and Newport Road isneeded. 3 Ms. Catherine Cochran, 5880 Blacksburg Road, stated she and her husband operated a bed & breakfast for 8 years on Blacksburg Road. She stated visitors appreciated the surrounding view. She stated the views need to be protected. She noted the maps indicate no increase of coverage for Roanoke County. Mr. Bill Cochran, 5880 Blacksburg Road, Chairman of the Visioning Group for Catawba, stated restriction should be made to protect the rural nature of the valley. He expressed concern regarding the tower being visible from the nearby hiking trail. Mr. Bob Peckman, President, Appalachian Trail Club, stated laws are in place to protect the area’s natural treasures.He stated it is an egregiously ugly place to locate a tower. Mr. Tully explained the proposed tower would improve coverage on Blacksburg Road and Newport Road. He stated the tower will not be lit. He stated regarding the scenic view, they are trying to balance interests. He stated anytime a tower is constructed, it will affect the viewshed. Mr. Jarrell inquired about the reason the base of the tower will be 80 ft. from the ridgeline. Mr. Tully stated the tower base requires a flat area. Mr. Simmons stated the trees will also mask the towerat this level. Mr. Jarrell noted it will be more visible for hikers. Ms. Hooker suggested adding ‘no lighting’on tower as a condition. She stated co-locating on the AEP tower is a better alternative. She stated it would negatively affect the viewshed. She also stated a monopole design is preferred. Mr. Azar stated the request does not conformwith the Roanoke County Community Plan. Ms.Hooker made themotion torecommend denial ofthe petitionwiththe following conditions: 1. No lighting and/or markings shall be permitted on the broadcast tower. 2. The broadcast tower, hardware and antennas shall be constructed of non-reflective materials to reduce visibility and reduce light reflection. 3.The broadcast tower shall not exceed 150’. AYES:Hooker, Azar, Thomason, Jarrell NAYS:McNeil ABSENT:None 3.The petition of the Roanoke County Planning Commission to review Section 30-71, EP Explore Park District, and related sections 30-29, and 30-80 through 30-88 of the Roanoke County Zoning Ordinance.Mr. David Holladay, Roanoke County Planning Staff, presented staff reports for both 4 this petition and the Virginia Living Histories Rezoning petition. He explained the site maps and reviewed the proffers. InSection 30-71-4 (C), Ms. Hooker asked that the third sentence be amended to read…”of sufficient clarity, detail,and scale”. Ms. Hooker also asked for the following sentence to be added to Section 30-71-4 (C) 7. “Include connections to intermodal transportation systems that are proposed in the Community Plan”. Mr. Azar asked that amendments to Section 30-85-4.5 Automobile Rental/Leasing be struck from the code. The Commission stated that that use was inappropriate in the Park and not necessary. Mr. Azar also asked that the building area in Section 30- 85-24.5 be reduced from 50,000 square feet to 10,000 square feet. Ms. Hooker stated that 50,000 was excessive and while appropriate in a commercial district, it was not appropriate in the Park without additional review provided by a Special Use Permit. Ms. Mary Ellen Goodlatte, Esquire, spoke representing the Virginia Living Histories. She provided a history of the petition. She noted they have worked with Roanoke County and Town of Vinton staff, the Blue Ridge Park Service, and other agencieson these petitions. She introduced Mr. Fred Anderson,Chairman of the VRFA and Mr. Larry Vandermaten. Ms. Consuella Barbour, Assistant Town Manager -Town of Vinton, spoke in support of the petition. She stated it would be a great economic boost for the area. She stated it is an appropriate development. She stated the Town Council has passed a Resolution in support of the Explore Park. Mr. Gary Johnson, Blue Ridge Park Service, stated his agency has a long standing relationship with Explore Park. He spoke in support of the petitionsbutstated his agency has sought and received a commitment thatmore specific language about the development could beprovided prior to the Board of Supervisors Public Hearing. He stated he is comfortable with the commitment. Ms. Hooker asked if aformal agreement regarding roads and snow had been developed. Mr. Johnson stated that a formal agreement had not been developed. Mr. Mark McLaine, Chairman of the Roanoke Group of the Sierra Club, stated his organization does not agree with the county staff assessment. He stated it is a threat to the environment. He expressed concern regarding the removal of forest,destruction of wildlife habitats, increased traffic, and air and water pollution. Mr. Eddie Honts, 2821 Riverview Road, spoke against the petitions. He stated the existing Master Plan is a good plan. He stated this is insulting to the taxpayers. He stated the park should not be ruined for money. 5 Ms. Grace Terry, 4718 Wembley Court, stated she is an Explore Park Member and an educator. She expressed concern regarding the preservation of the historic nature of the park. She discussed the educational benefitsof the park which cannot be replicated. She stated natural resources will be lost. She encouraged the commissioners to tell the developer their desires for the park. Mr. Tom Brock, 5434 Peregrine Circle, President of the River Foundation, spoke in favor of the petitions. He discussed the difficulty of raising private funds to support the park. He stated the original intention of the park was to make ita destination location. He discussed the need for capitalfunding. Mr. Stan Lanford, 7942 Hollins Court, spoke in favor of the petition. He stated he is on both the River Foundation and the VRFA boards.He stated a recreational area requires funding to operate. Mr. Barry Butler, 6419 Sugar Ridge Drive, stated the petition is short on specifics. He asked the commissioners to reject the petition until they disclose theirplan. He stated the integrity and character of this area must come first. Mr. Ron Winnemuth, 107 W. Lee Avenue, stated he has lived in the valley 18 years. He stated it is difficult tokeep a large recreational area just for children. He discussed the importance of economic growth. Mr.Rupert Cutler, provided a brief history of the Explore Park. He expressed concern regarding the effect it will have on Bedford County. He suggested making the park part of the Virginia State Park system. Ms. Kristin Peckman, 8131 Webster Drive, stated the citizens have a large investment in the park. She expressed concern regarding the nature aspectsof the park. She stated the county not the developer should decide which areas can be commercial. Mr. Ben Lee, 3857 Rutrough Road, expressed concern about farm areas, increased traffic, and loitering. Mr. Tom Forbes, 4327 Rutrough Road, stated he is a volunteer at the park. He stated it would allow for a more secure neighborhood with the increased traffic. He expressed concern about buffering. He stated sediment which is ruining the water in the area would be cleaned out with development. 6 Mr. Tom Rowe, 5737 Salisbury Road, stated he is tired of supporting the park with taxes. He stated the initial mission statement is similar to this petition. He stated change is inevitable. Mr. Bob Peckman,8131 Webster Drive, expressed concern regarding retail areas, tall buildings, and marina. He spoke in favor of the State Park designation option. Annie Krochalis, 9428 Patterson Drive, stated the petition should be full public disclosure. She expressed concern regarding building height and retail uses. She noted the traffic study was done several years ago. She stated the uses are not in compliance with the Comp Planand that it does not fit with the Rural Preservedesignation. She stated the petition should have written requirements not verbal intent. She expressed concern regarding the Last Chance Landscape of the Blue Ridge Parkway.She also expressed concern regarding environmental issues. Mr. Steve Noble, 5376 Canter Drive, stated the designation should be Amusement Park. He expressed concern regarding spot zoning. He expressed concern about the future of the property if it is sold. He stated water and sewer are notinline with Rural Preserve designation in the Comp Plan. He expressed concern regarding buffering. Ms. Goodlatteexplained auto leasing and retail could be one of the support services at the park. She explained the square footage of the retail space. Mr. Azar stated he was opposed to the auto rentaluse. Ms. Goodlatte explained visitors may come by boat or rail to the park. Mr. Azar suggested requiring an SUP for this use. Mr. McNeil requested building area be reduced to 10,000 square feet. Mr. Azar made the motion to recommend approval of the requestwith following changes:Section 30-71-4 (C), the third sentence be amended to read…”of sufficient clarity, detail,and scale”, the following sentence be added to Section 30-71-4 (C) 7, “Include connections to intermodal transportation systems that are proposed in the Community Plan”, amendments to Section 30-85-4.5 Automobile Rental/Leasing be struck from the code, the building area in Section 30-85-24.5 be reduced from 50,000 square feet to 10,000 square feet. AYES:Hooker, Azar, McNeil, Thomason NAYS:Jarrell ABSENT:None 7 4.The petition of Virginia Living Histories, Inc. and the Virginia Recreational Facilities Authority to rezone 774+acres from EP, Explore Park District with existing master plan and existing proffered conditions, to EP, Explore Park District with new master plan and new proffered conditions. Mr. Bill Modica stated he was involved with the Explore Park early in its development as well as currently being involvedwith park care. He stated he hopes the historic buildings will be preserved. He discussed the wild turkeys and the Greenway Trail. He stated natural areas should be conserved and educational programs continued. Mr. Don Witt discussed the process.He stated the developer has not provided enough information. He stated the county is setting a precedent. He read Section 30-71-4 of the Zoning Ordinance. He suggested delaying the petition until more information is received from the petitioner. Mr. Al Hammond submitted a letter for the record expressing concern about the affect this development would have on his business. Mr. Frank Porter, 6529 Fairway Forest, expressed concern regarding deed restrictions on Explore Park propertypreviouslygiven by residents.He stated this development will not succeed economically. Mr. Mahoney explained deed restrictions. Mr. Azar discussed the original concept. He stated VLH intends to usethe historical buildingson the property. He expressed concern regarding proffer #7. He proposed decreasing building height from 125’ to 90’. Ms. Hooker noted proffers are voluntary. Mr. Jarrell inquired about current height restrictions. Mr. Holladay noted there are no height restrictions currently in place. Mr. Thomason suggested leaving proffers as proposed. Ms. Hooker expressed concern regarding the lack of information necessary to make a good planning decision. She statedlimited information has been provided regarding the impact this could have on the community and surrounding area. She also expressed concerns regarding the 2232 review taking place after the development has begun with possibilities of health and safety issues necessitating water and sewer and compromising the 2232 review process. Mr. Azar made the motion to recommend approval of the requestwith proffers (please see proffer statement): AYES:Azar, McNeil, Thomason, Jarrell NAYS:Hooker ABSENT:None 8 Comments There were no comments. Final Orders 1.The petition of Seaside Heights, LLC,to rezone .98 acres from C1, Office District to C-2, General Commercial District and to obtain a Special Use Permit on 2.22 acres for the operation of a fast food restaurant and drive- thru located at the intersections of Brambleton Avenue, Colonial Avenue was approved by and Merriman Road, Cave Spring Magisterial District the Board of Supervisors at the Public Hearing on November 15, 2005. There being no additional business, the meeting was adjourned at 11:03p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 9