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HomeMy WebLinkAbout8/16/2005 - Minutes ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 16, 2005 Present: Ms. Martha Hooker, Chairman Mr. Steve Azar Mr. Rodney McNeil Mr. Gary Jarrell Mr. Al Thomason Mr. Paul Mahoney, County Attorney Ms. Janet Scheid Mr. David Holladay Ms. Tim Beard Ms. Kate Youngbluth Ms. Becky Mahoney Mr. John Murphy Ms. Susan Carter, Recording Secretary Guests: Mr. Elmer Hodge, County Administrator Mr. Joel Shelton, Intern WORK SESSION: Session opened at 4:00p.m. by Ms. Hooker. Approval of Agenda Mr.McNeilmoved to approve the agenda. Motion passed 5-0. Approval of Minutes Mr.Jarrellmoved to approve the July 5, 2005minutes. Motion passed 5- 0. Discussion of County Facilities Planning –Mr. Elmer Hodge Mr. Hodge introduced staff members, Mr. Joel Shelton and Mr. Arnold Covey, who are part of the Facilities Planning Committee. He discussed conducting a needs assessment of county facilitiesto determine if centralizingservices or having them at various locations throughout the countywould work best. He discussed thefuture library, garage, and police academy. He invited the Planning Commission to a worksession with the Board of Supervisors on August 23, 2005 at approximately 4:30 p.m. Ms. Hooker stated the commissioners would like to be more involved in this process. Mr. Shelton discussed information available to the commissioners for their review. Discussion of Adult Businesses –Mr. Paul Mahoney Mr. Mahoneyreviewed the draft Adult Businessordinance.He discussed the exclusion zoneandvarious maps illustrating the exclusion zones and how they would affect the county. He discussed the option of requiring a Special Use Permit, litigationpossibilities and risks. Mr. McNeil stated he prefers the most restrictive application.Ms. Hooker asked if an exclusion zone and SUP could be used in conjunction with one another. Mr. Mahoney explained how both could be used. Mr. McNeil stated the 1 Clearbrook Civic League wants to incorporate the exclusion of these types of businesses into the Clearbrook Overlay. Mr. Azar suggested having a 300 ft. exclusion zone and requiring an SUP. Mr. McNeil suggested allowing the adult businesses in industrial areas only. Mr. Mahoney stated the businesses could be better monitored in C-2 areas. He discussed determining whether or not a business qualifies as an adult business.Mr. st Mahoney stated this issue involves 1Amendment rights. The commissioners agreed to a 300 ft. Exclusion Zone in conjunction with an SUP. Mr. Mahoney stated it should be on the September Consent Agenda. Comments There were none. Site Viewing The meeting was adjourned for site viewing at4:50p.m. 2 PUBLIC HEARING: Ms.Hookercalled the meeting to order at 7:03p.m. Mr. McNeilgave the invocation andled the pledge of allegiance. 1.The petition of Caveness Properties, LLC to rezone .156 acres from R-3, Medium Density Multi-Family Residential District to C-1, Office District for the construction of a parking area in conjunction with an office, located at 5604 Starkey Road, Cave Spring Magisterial District. Ms. Kate Youngbluth, Roanoke County Planning Department, presented the staff report. Mr. Ed Natt, spoke representing the petitioner. He provided a brief history of the property. He noted thepetitioner was concerned about parking. He stated approximately 80% of the Woods Crossing HomeownersAssociation agreed with the parking proposal. He discussed screening and buffering. He stated they will leave buffering along the creek.He introducedMr. Jeff Webb from Caveness Properties, LLC. Mr. McNeil asked about the number of parking spaces. Mr. Natt stated the request meets the county ordinance requirementsand thatthey are allowing a small amount of space for growth. He statedthe use willbe for a financial institution and not a high trafficbusiness. Mr. Azar asked about parking in the rear of the building. Mr. Natt indicated parking in the rear would be primarily for employees. Mr. Jarrell inquired about the entrance. Mr. Natt explained the entrance to the parking area. Ms. Karen Rose, 3328 Stonehenge Square, the former Board President of Woods Crossing Homeowners Association, spoke in favor of the request. Mr. McNeil then made the motion to recommend approval of the request: AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None 2.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 and Merriman Road, Cave Spring Magisterial District.Mr. David Holladay, Roanoke County Planning Department, presented the staff report.He explained the timeline of reviewing the traffic study. He briefly discussed the concept plan. 3 Mr. McNeil asked about future improvements to the Colonial- Brambleton area. Mr. Ford stated there are no immediate plans to his knowledge. Mr. Azar asked about the Traffic Impact Analysis. Mr. Ford explained his findings of both the first and second studies. nd He stated the 2draft researched intersections. He explained level of service. Mr. Azar asked about traffic flow. Mr. Ford explained the flow patternsandexplainedthatthe restriction on traffic flow was based on requests from citizens. Ms. MaryEllen Goodlatte, Esquire, spoke representing the petitioner. She explained the concept plan and surrounding zoning. She noted the property has core designation. She provided a brief history of the petition. She discussed citizen traffic concernsand possible remedies, notingVDOT approval would be required. She stated the building would be of the new prototype such as the building in Galax, Virginia.She explained noise restrictions. She stated the petitioner is willing to adhere tothe Colonial Avenue Guidelinesalthough she noted this area is high-intensity commercial. Mr. Azar asked about the site layout involving no right turn onto Merriman Road. Mr. Stan Seymour, owner, stated he agrees to prohibit this type of turn as much as possible. Mr. Jarrell asked about ‘cut-thru’ traffic. Ms. Goodlatte explained the petitioner is sensitive to this problem and has had the building readjusted to help prevent this type of occurrence. Mr. Seymour explained the cut-thru would be a longer distance than going directly to the stop sign. Mr. McNeil asked about prohibitive measures to take aright turn out of restaurant. Ms. Goodlatte stated they have spoken with county staff and VDOT on methods to inhibit this type of turn. She stated detailed information will not be available until more engineering work iscompleted after the rezoning process. Mr. John Thompson, 5224 Springlawn Road, expressed concern regarding the exit onto Merriman Road. He stated the Colonial Avenue intersection at Kroger is dangerous and difficult to cross. He suggested eliminating the Merriman Road exit. Ms. Cindy Webster, 4714 Colonial Avenue, stated she is a member of the Colonial Avenue Alliance. She stated measures to prohibit turning onto Merriman Roadwill not ease problems with traffic. She stated the intersection is already a bad one. She stated a left hand turn from Merriman toColonial Avenue is risky. She explained some patrons will travelthrough the surrounding neighborhood to avoid the intersection. Mr. Steven Wade Sutherland, 4810 Colonial Avenue, spoke against the Merriman Road connection. He questioned the validity of report data included in the traffic study. 4 Ms. Margaret Jones, 5202 Merriman Road, stated she has lived at her address for 19 years. She spoke against the request. She requested the zoning not be changed from office district to general commercialdistrict. She stated the current zoning is a compatible use. Mr. Kevin Clifford, 5103 Springlawn Avenue, expressed concern about traffic. He stated measures should be taken to slow down the traffic. Mr. Charles Parker, 4956 Merriman Road, stated he has lived at this location 20 years. He stated the intersection will need to be expanded due to the rapid growth in the area. He stated the area roads should not be redesignedjust to accommodate this commercial property. Ms. Gloria Christen, 5123 Springlawn Avenue, stated speeding is a problem in this area. She expressed concern that additional traffic would be generated from this use. Mr. Ray Jamison, 3621 Colonial Avenue, stated proposed changes in traffic patterns will tie-up traffic. He suggested using speed bumps on Merriman Road to slow traffic. Ms. Goodlatte stated the petitioner has gone beyond VDOT requirements. She also noted the petitioner has offered more proffers than most petitioners. She reiterated the property has core designationinthe Community Plan. She agreed it is important to avoid cut-thru traffic. Mr. McNeilasked about the Lions Club entrance. Ms. Goodlatte stated the petitioner owns the Lion Club property which has a second access farther down the road. Mr. McNeil expressed concern the current proffers and concept plan do not offer control over the traffic flow. He stated he would like to know exactly how traffic problems will be handled. Mr. Ford stated since the property is currently in the concept phase,itis difficult to determine final traffic patterns at this time. He stated the plan will later be reviewed by both the county review engineer and VDOT. He reviewed various ways to control traffic. Mr. Azar inquired about peak hours. Mr. Ford explained the findings. Ms. Hooker inquired about other uses for the property. Mr. Holladay explained other possible uses. Mr. McNeil asked about enforcement of proffers. Ms. Scheid explainedthe procedure of how proffers are enforceable and will be addressed during site plan review. Mr. Azar questioned if it was necessary to rezone the property. Mr. Jarrell expressed concern about cut-thru traffic and increased traffic. Mr. Thomason also expressed concern about this use increasing the traffic in this area. 5 Mr. McNeilthen made the motion to recommend denial of the rezoning requestwith the following proffers: 1.The development of the property shall substantially conform with the site plan entitled “Site Layout and Grading Plan for RoBo, LLC, dated July 12, 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during comprehensive site plan review. 2.The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. 3.All buildings exterior walls shall be brick from grade to eave. 4.The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5.Signage placed on the building(s) shall occupy less than 5% of the buildingfacadearea. 6.Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. 7.The top of any light fixture shall not exceed 15 feet. 8.The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9.Dumpsters shall not be emptied between the hours of 10:00 pm and 7:00 am. 10.Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flowers, shrubs, ground cover or trees. AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None Mr. McNeil then made the motion recommend to denial of the SUP request with the following conditions: 6 1.The development of the property shall substantially conform with the site plan entitled “Site Layout and Grading Plan for RoBo, LLC., dated July 12, 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during comprehensive site plan review. 2.The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. 3.All buildings exterior walls shall be brick from grade to eave. 4.The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5.Signage placed on the building(s) shall occupy less than 5% of the building façade area. 6.Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. 7.The top of any light fixture shall not exceed 15 feet. 8.The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9.Dumpsters shall not be emptied between the hours of 10:00 pmand 7:00 am. 10.Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flowers, shrubs, ground cover or trees. AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None 3.The petition of Vision Builders, LLC to obtain a Special Use Permit to operate a convenience store on approximately 1.9 acres, located at 6044 Peters Creek Road, Hollins Magisterial District. Ms. Janet Scheid, Roanoke County Planning Department, presented the staff report. She stated VDOT has recommended a traffic study. 7 Mr. Azar inquired if petitioner has agreed to have a traffic study. Ms. Scheid stated the petitioner has signed an agreement stating that he understands that atraffic studymay be required. She stated VDOT strongly recommends a traffic study due to the high traffic use. Mr. Azar asked about prohibiting access from Vivian Avenue and Nover Avenue. Ms. Scheid stated the commission can add that issue as a condition. Mr. Azar asked about site plan. Ms. Scheid noted only a concept plan has been submitted. Mr. Steve Mullins spoke representing the petitioners. He stated the site is a proper site for a convenience store with gas. He stated this use would be the best and highest use for the site. Mr. Jarrell asked about 50ft. buffering. Mr. Mullins indicted 50ft. buffer would be next to the residential area. Mr. Jarrell asked about the name on thepetition. Mr. Mullins explainedVision Builders, LLC is the contract purchaser. Ms. Hooker asked about the design of the building. Mr. Mullins stated each company has its own design. Ms. Hooker requested that canopy materials match the building. Mr. Jarrell asked that hours of operation be restricted. Mr. Mullins stated only Sheetz would require 24 hour operation. Mr. Virgil Decker, 7301 Crosstimbers Trail, spoke against the petition. He stated a traffic study is needed. He stated the intersection is poorly designed. He recommended the petitioner share cost of improving the intersection. He expressed concern regarding environmental impacts. Ms. Emily Hamilton, 7216 Longleaf Drive, expressed concern regarding environmental issues. Mr. Dennis Vandergrift, spoke representing his elderly father. He stated the existing house on this property is infested with rodents. He expressed concern regarding stormwater runoff affecting his father’s property. Ms. Susan Quist, 7311 ScarlettOak Drive, stated the propertyis in the floodplain.She expressed concern about gas tanks being located on this property. Mr. Gene Whitlow, 6719Northway Drive, expressed concern that the rodents living in the old barn would move to adjoining properties when the barn is demolished. Mr. Mullins stated if infestation is their responsibility they will handle. He explained the location of the floodplain. Ms. Scheid stated the health department may be able to assist with this issue. Mr. Jarrell suggested contacting the building commissioner regarding rodent infestation. 8 Mr. Jarrellthen made the motion to recommend approval of the request with the following conditions: 1.All building, including gas island canopy, exterior walls shall be brick, horizontal slate or vertical board and batten siding (materials shall be either wood, fiber cement or vinyl material) from grade to eave. 2.The store roof will have articulation in the form of dormers, cupola or similar designs. 3.Colors used in all exterior building materials including the canopy will be subdued and will not be bright. 4.Canopy over gas pump island –Shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6)inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches. 5. Canopy over gas pump island –There shall be no illumination of any portionof the fascia of the canopy. 6. Canopy over gas pump island –Any lighting fixturesor sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pumpislands and shall not be directed outward or away from the site. 7. Canopy over gas pump island –The vertical dimension of the fascia of such canopy shall be no more than two (2) feet. 8. Canopy over gas pump island –Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 9. Site Signage –Freestanding signage shall be limited to monument style not exceeding eight (8) feet in height and ten (10) feet in width, and shall be constructed of materialto match the buildingsand canopy. Freestanding signs shall be ground lit or top lit with shielded lamps. Signage placed on the building(s) shall occupy lessthan 5% of the building façade area. 10. Lighting –The top of any light fixture shall not exceed 15 feet. 11. Dumpster –The sides and rear of the dumpster enclosure shall be constructed of material to match the buildingsand canopy. 12. Dumpster –Shall not be emptied between the hours of 10:00pm and 7:00am. 13. Screening and Buffering –Buffer yard shall be a minimum of fifty (50) feet wide along the entire lengthof the northeast property boundary. 9 14. No outside speaker system shallbe utilized on site. 15. Building(s) height shall not exceed twenty-five (25) feet. 16.Hours of operation shall be between 6:00 a.m. and 11:00 p.m. 17.No access shall be allowed from Nover Avenue or Vivian Avenue. AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None 4.The petition of R. Fralin Development Corporation to rezone approximately 9.95 acres from R-1, Single Family Residential District to PRD, Planned Residential District with conditions to construct 60 townhomes at a density not to exceed 6.1 units per acre, located at the corner of Newland Road and Peters Creek Road, Hollins Magisterial District.Mr. Tim Beard, Roanoke County Planning Department, presented the staff report. Mr. Jarrell asked about exit only onto Newland Road. Mr. Beard explained safety issues due to sight distance. Mr. Azar asked about sidewalks. Mr. Beard stated if they are part of the master plan, they would be proffered. Mr. Azar asked if the road would be public or private. Mr. Beard stated it would be private. Mr. Azar asked about parking restrictions. Mr. Beard stated parking restrictions have been discussed with VDOTbut have not been made a requirement.Mr. McNeil asked about road width. Mr. Beard stated width and access would be dependent upon VDOT approval. Mr. McNeil expressed concern regarding emergency vehicles having difficulties negotiating narrow roads. Mr. Sean Horne, Balzer & Associates, spoke representing the petitioner. He introduced Mr. Robert Fralin, R.Fralin Development Corporation. Mr. Horne stated they will leave open spaces and provide a different type of housing. He discussed the revised specifications of the development. He also discussed the traffic which will be generated by the development. He explained the Newland Road entrance-only willhelp make the Peters Creek Road intersection amore controlled and saferintersection. He stated since a request to VDOT to allow crossover was denied, only right in and right out would be permittedontoPeters Creek. He stated due to the grade and site distance of Newland Road, it will be designed as entrance access only.He stated entrance-onlyon Newland Road would help reduce traffic on CrosstimbersTrail. Mr. Jarrell inquired about the slopeof the propertyat Newland Road. Mr. Horne discussed slope and grading of the area. Ms. Hooker asked if having Newland Road as entrance-only would prevent stacking at the Peters Creek Road intersection. Mr. Horne stated it would push the vehicles farther away from the intersection. 10 Ms. Patricia Hammond, 7214 Crosstimbers Trail, stated she does not want Crosstimbers Trailto be opened up. She suggested that the petitioner create a design with both an entrance and exit other than CrosstimbersTrail. Ms. Emily Hamilton, 7216 Longleaf Drive, spoke against opening Crosstimbers Trail to through traffic. She stated the road is inadequate for traffic. She presented a petition opposing the request. Mr. David Alderman, 6647 Newland Road, also presenteda petition opposing the request. He expressed concern about the ability to stop safely, when coming down Newland Road towards Peters Creek,during inclement weather. Mr. Virgil Decker, 7301 Crosstimbers Trail, expressed concern about the future safety of the children who play in the street.He stated the Neighborhood Watch Program is very active in this area. He stated he is not opposed to the development but is opposed to opening Crosstimbers Trail. Ms. Christine Decker, 7301 Crosstimbers Trail, expressed concern over sight distance issues causing accidents at intersections. She agreed with using Newland Road. Mr. Garland Chambers, 6822 Autumnwood Lane, suggested using Airport Road exit. He stated the current plan will create a safety hazard. Ms. Jane Vest, 7129 Crosstimbers Trail, spoke against the request. She expressed concern about the safety of the children, increased traffic, and the impact on property values. Ms. Susan Quist, 7311 Scarlet Court, stated the road is steeply sloped. She stated opening Crosstimbers Trail would place the elderly at risk. She statedthe houses should be designed to be handicapped accessible. Mr. Sean Horne stated that access from theAirport Road area was not feasible due to the large ravine onthe property. This area has been identified as a future regionalstormwaterpond. He noted a 50 ft. right of way was placed at the end of Crosstimbers Trail for future development at the time Crosstimbers Trail was plated. Mr. Robert Fralin stated there is a need for this type of development. He stated there will be less traffic with the requested development than if developed as R-1 by right. He discussed reasonsother options are unsafe. Mr. Thomason expressed concern about exits 11 and slope of property.Mr. Horne explained traffic issues noting the end of Newland Drive is primarily flat. He stated the access to Newland Drive has to be backed-up to prevent stacking. Mr. Anthony Ford, Traffic Engineer, discussed sight distance issues and traffic movement. Mr. Azar asked for clarification of access to Peters Creek Road. Mr. Horne explained. Mr. Azar asked about plat date. Mr. Horne stated there was no date on the plat. Mr. Ford noted that by right the petitioner could open Crosstimbers Trail with an R-1 development. Mr. Azar asked about height restrictions. Mr. Fralin stated they used Roanoke County Zoning Standards as a guide. Mr. Horne stated some of the structures have walkout basements. Mr. Jarrell stated it is a good project but he does not like traffic coming through Crosstimbers Trail. Ms. Hooker noted the petitioner couldbuild a larger development by right than the requested development. Mr. Jarrell offered the petitioner a continuanceon the petition.Mr. Fralin asked the commission to voteon the request. Mr. Jarrell then made a motion to deny the requestwith the following proffered conditions. 1. Substantial compliance with document titled “Villas of the Valley, A Planned Residential Retirement Community” prepared by Balzer and Associates, Inc. dated 6-24-2005, revised July 12, 2005, revised July 26, 2005. 2. Not more than 60 total residential units shall be constructed on this site. 3. The developer/contract purchaser shall make a fee simple donation of property toward the creation of a regional stormwater management facility. AYES:Thomason, Azar, McNeil, Jarrell NAYS:Hooker ABSENT:None Final Orders 1.The petition of the Board of Supervisors concerning Proposed Amendments to the Zoning Ordinance –Private Kennels, by changing the title of this use, increasing the number of dogs, eliminating the minimum lot size standard, and deleting this use was approved by theBoard of from the R-2 zoning classification Supervisors at the Public Hearing on July 26, 2005. 12 2.The petition of Church of the Holy Spirit to obtain a Special Use Permit to expand a religious assemblyfacility on 15.24 acres, located at 6011 Merriman Road, Cave Spring Magisterial District was approved by theBoard of Supervisors at the Public Hearing on July 26, 2005. Comments Ms. Susan Quist expressed concern about the gas tanks being installed if the Vision Builderspetition is approved.Ms. Hooker stated the Department of Environmental Qualitywill monitor this issue to insure safety. Ms. Janet Scheid informed Planning Commission members about the 2005 Commonwealth Land Use & Zoning Conference at Hotel Roanoke, October 9-11, 2005. There being no additional business, the meeting was adjourned at 11:19 p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 13