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HomeMy WebLinkAbout8/1/2006 - Minutes ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 1, 2006 CommissionersPresent: Mr. Steve Azar (arrived after the worksession) Mr. Gary Jarrell Mr. Rodney McNeil Mr. Al Thomason Commissioners Absent: Ms. Martha Hooker Staff Present: Mr. Arnold Covey Mr. Philip Thompson Mr. Tarek Moneir Ms. Janet Scheid Mr. David Holladay Ms. Tim Beard Mr. John Murphy Ms. Tammi Wood Ms. Amanda Komar Ms. Susan Carter, Recording Secretary WORK SESSION: Session opened at 4:00p.m. by Mr.Jarrell. Approval of Agenda Mr.McNeilmoved to approve the amended agenda. Motion passed 3-0. Approval of Minutes Mr.Thomason moved to approve the July 10, 2006minutes. Motion passed 3-0. Review of the Department of Community Development Organizational Structure and Planning Commission Secretary Mr. Covey reviewed and explained the revised organizational structure of the Community Development Department. Mr. Jarrell moved to approve Mr. Philip Thompson as Planning Commission Secretary. Motion passed 3-0. Approval of Consent Agenda Mr. McNeil moved to approve the consent agenda. Motion passed 3-0. Comments Mr. Thompson introduced Ms. Amanda Komar, Planner I, Code Enforcement. Site Viewing The meeting was adjourned for site viewing at4:30p.m. 1 PUBLIC HEARING: Mr.Azarcalled the meeting to order at 7:00 p.m. Mr. Thomasongave the invocation and led the pledge of allegiance. 1.The petition of Amina Al-Hindi a/k/a Amina Al-Habashy to obtain a Special Use Permit for the construction of an accessory apartment on0.387 acre, located at 2923 Embassy Drive, Catawba Magisterial District.Ms. Tammi Wood, Roanoke County Planning Department, presented the staff report. Mr. Azar inquired about current violations on the project. Ms. Wood explained that due to thehouse burning, there are safety issues. She stated this would be a step to bring the property into compliance. She stated the petitioner has boarded the front door for safety reasons. Ms. Habashy stated the house was totally destroyedby fire. She stated she has contacted neighbors and has spoken with the County Attorney regarding the property damage issues. She stated the apartment will be constructed for her daughter who has been diagnosed with a dehabilitating disease. Mr. McNeil inquired about demolition of the damaged structure. Ms. Habashy discussed demolition and plans for rebuilding the home. She stated the new house will be a ranch style home. Mr. McNeil expressed concern regarding the length of time the remaining structure of the house hasbeen left standing since the fire. Ms. Habashy explained her reasons for the delay. Ms. Suzanne Ashley, 2608 Embassy Drive, spoke in favor of the petition. She stated the accessory apartment would improve the resale valueof the home. Mr. McNeil reiterated his concernregarding delay of the demolition. He inquired about limiting time allowed for demolition. Mr. Obenshain stated the county triesto work with the property owner. He stated they prefer demolition of the housetake place within4-6 monthsof the incident. He noted the petitioner has been taking the appropriate steps and staying in contact with county staffregarding progress. Mr. McNeil emphasized the importance of compliance. Mr. Jarrell inquired about status of property zoning if the accessory apartment is approved. Mr. Azar notedzoning on this property would remainR-1with aspecial use permit.Mr. Jarrell expressed concern regarding future tenants of the apartment. Mr. Obenshain notedthe property owner would berequired to live in the principal residence. Mr. Jarrell suggested establishing a time limit on the SUP at which time the SUP would be reviewed. Mr. Obenshain discussed this issue with the commissioners. Mr. Thomason inquired about insurance coverage. Ms.Habashy discussed this issue. She stated she hopes to have demolition begin within 30-45 days. Mr. McNeil asked if the petitioner would rebuild if the SUP was not granted. Ms. Habashy affirmed she will rebuild the house. 2 Mr. Azar stated the needfor the SUPis warranted and is in compliance with neighborhood. Mr.McNeilthen made the motion to recommend approval of the request with the following conditions: 1.The location of the accessory apartment shall be limited to the basement of the principalstructure. 2.This Special Use Permit shall be valid for a period of five (5) years from the approval date. AYES:Thomason, Azar, McNeil, Jarrell NAYS:None ABSENT:Hooker 2.The petition of Valley Gateway, LLC, to rezone 0.69 acre and 0.48 acre from R-1 Low Density Residential to C-2 General Commercial District in order to construct a retail sales facility located at 4065 Challenger Avenue and 4053 Challenger Avenue, Vinton (WITHDRAWN BY REQUEST OF THE Magisterial District. PETITIONER) 3.The petition of Victor and Elmarie Myburgh to obtain a Special Use Permit for the construction of an accessory apartment on 0.63acre, located at 6162 Steeple Chase Drive, Windsor Hills Magisterial District.Mr. Tim Beard, Roanoke County Planning Department, presented the staff report. Mr. Jarrell inquired about the number of bedroomsin the existing house. Mr. Beard discussed the number of bedrooms and the office. Mr. Jarrell expressed concern regarding the septic system. Mr. Beard stated the Roanoke County Health Department regulates septic system issues. He referred to a letter received from Roanoke County Health Department providing preliminary approval of the existing septic system.Mr. Thomason asked if the addition would be connected to the existing home. Mr. Beard explained the structure is connected by the roof system. Mr. Thomason inquired about specifications being in conformance. Mr. Beard stated the height of the building is the maximum height permitted according to the ordinance. Mr. Thomason inquired about the septic system. Mr. Beard deferred the question to the petitioner. Mr. Myburgh stated he would not want to overburden the system since he has two small children who play in the backyard. Mr. McNeil inquired about by-right building in R-1 zoning. Mr. Beard discussed current zoning allowances in R-1. He stated the petitioner could build the proposed structure by-right in R-1 zoning without a kitchen.Mr. Azar stated the structure would be intrusive to the neighborhood. Mr. Victor Myburgh spoke regarding the petition. He stated they moved to the residence in April 1997. He stated his parents live 3 with his family 2-3 months during the year. He discussed other living arrangements his parents have made in the past. He stated he does not have room in the existing house to accommodate his parentscomfortably. He explained previous remodeling ofthe master bedroom when they created the small office. He stated if necessary they would upgrade the septic system.Mr. Jarrell reiterated his septic system concerns. Mr. Myburgh noted his parents already use the septic system when they stay inside the existing home. Mr. Thomason inquired about the number of bedrooms. Mr. Myburgh stated he currently has three bedrooms. He stated they would have a total of four if the addition is built. Mr. Thomason inquired about the septic system. Mr. Myburgh stated he has a 1,000 gallon tank which is sufficient for his family and his two parents. Ms. Holly Bohn, 6128 Steeplechase Drive, stated she hasresided at this location for 13 years. She questioned height limits of the proposed building. She expressed concern regarding the current septic system. Mr. Brown Burton, 6170 Steeplechase Drive,stated he has lived at his current address for 21 years. He discussed alternate living arrangements for the parents. He expressed concern regarding the number of potential bedrooms at this residence. He discussed septic system failure in nearby Wexford subdivision.He stated when the petitioner sells his home he will market it as a four bedroom home with an apartment. Ms. Paula Brown, 6194 Steeplechase Drive,spoke in opposition to the petition. She stated the apartmentwould have a negative effect on the value of surrounding homes. She stated most accessory apartments are found in the city. She stated this use is not compatible with the neighborhood. Mr. Peter Lampman, 6195 Steeplechase Drive, stated he has lived in his home for 7 years. He expressed concern regarding increasing density of the area. He stated the house would later be marketed as a duplex. Mr. Michael Dowdy, 6167 Steeplechase Drive,expressed concern regarding encroachment on the setback. He suggested using other options which would cause less impact. He expressed concern regarding the future sale of the house. Mr. Ronald Britt, 6140 Steeplechase Drive,stated he has lived in his home for 39 years. He provided a history of the development of the neighborhood. He stated this addition would not be inlinewith the original plan. He stated he will be able to see the structure from his home. He expressed concern regarding decreasing the value of his home. He stated the structure will be 1ft.higher than permitted. 4 Ms. Nancy Baker, 6118 Steeplechase Drive,stated she likes the neighborhood as it is. She expressed concern about the size of the apartment and its location. She expressed concern regarding the septic system. She also expressed concern regarding future tenants of the apartment. Mr. Richard Bohn, 6128 Steeplechase Drive,stated it would change the appearance of asingle family neighborhood. He stated property values will go down. Mr. Thomason stated he could not find a valid reason to deny the petition. Mr. McNeil inquired about the height restriction. Mr. Thompson explained the Zoning Ordinanceheight restrictions, noting the proposed structure would not be in violation. Mr. Jarrell reiterated his concern regarding the septic system. Mr. Azar expressed concern regarding the proposeduse, noting it is intrusive and incompatible with the neighborhood. Mr. Thomason stated the septic system would not be greatly affectedfrom two additional people using the septic system 2-3 months per year. Mr. Thomasonthen made the motion to recommend approval of the request with the following conditions: 1. The property shall be field staked by a surveyor to insure new construction setback compliance prior to issuance of any building permit. 2. All new construction shall be per drawings prepared for the applicants by Steve Hinrichs, AIA, dated June 8, 2006. AYES:Thomason NAYS:Azar, McNeil, Jarrell ABSENT:Hooker 4.The petition of Jesse Jones to remove theSpecial Use Permit and conditionsfrom 1.9 acres, located at 6044 Peters Creek Road, HollinsMagisterial District.Ms. Janet Scheid, Roanoke County Planning Department, presented the staff report. Mr. Jarrell inquired about the purpose ofthe petition. Ms. Scheid explained the petitioner would like the 17 conditions removed in order to better market the property. Mr. McNeil noted the property would revert to theoriginal zoning prior to the SUP. Mr. Jesse Jones, property owner, stated the purpose of his request is due to marketing issues. Mr. Jarrell stated the adjacent property owners are concerned about the future use of the property. Mr. Jones stated he would like neighbors to be proud of the property development. 5 Ms. Debra Ruby, 1343 Nover Avenue, expressed concern about future applications for change of use onthe property. Mr. Obenshain explained the procedure. Mr. Charles Vandergrift, 1344 Nover Avenue, requested more information regarding the request for an SUP on 1.9 acres. Mr. Jarrell and Mr. Obenshain explained the plat and the history of the petition. Mr. McNeil noted the SUP would lapse in approximately oneyear if not used. Mr. Azar noted staff had invested a lot of time into the previous petition. He stated the petitioner should have a plan for the future use of the property. Ms. Scheid explained by-right uses and uses which require an SUP. She explained future access to the property would need to be approved by VDOT. Mr. Jarrellthen made the motion to recommend approval of the request: AYES:Thomason, Azar, McNeil, Jarrell NAYS:None ABSENT:Hooker Final Orders Mr. Philip Thompson presented the Final Orders. 1.The petition of Bethel Assembly of God to obtain a Special Use Permit for the operation of a religious assembly, located at6200 block Meacham Road (revised driveway location), Catawba was approved by theBoard of Supervisors at Magisterial District the Public Hearing on July 25, 2006. 2.The petition of Kahn Development Company, Inc. to rezone 17.24 acres from I-1C Industrial with Conditions to C-2 General Commercial in order to construct a retail sales facility located at the 3900 block Challenger Avenue near the intersection of Valley was approved by Gateway Boulevard, Vinton Magisterial District theBoard of Supervisors at the Public Hearing on July 25, 2006. Comments Mr. Beard stated he would like to answer questions if there are questions at the end of the item discussion. Mr. McNeil inquired about the change of Kahn Development (Valley Gateway) proffers. Mr. Thompson explained the procedure and proffer changes. Mr. Moneir noted it is the prerogative of the BOS if they want to make changes to proffers themselves or send it back to the PC. Mr. Thompson explained all SUP’sexpire in two years from the date of BOS 6 approval if notused. Mr. Obenshain explained this stipulation also applies to grandfathered uses. Mr. McNeil inquired about deadlinesfor demolition of damaged structures. Mr. Obenshain explained it is dependent upon the investigationof the property damaged. There being no additional business, the meeting was adjourned at 8:45 p.m. Respectfully Submitted: ________________________________ Susan Carter Recording Secretary, Roanoke County Planning Commission ________________________________ Philip Thompson Secretary, Roanoke County Planning Commission Approved: ________________________________ Steve Azar Chairman, Roanoke County Planning Commission 7