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HomeMy WebLinkAbout4/4/2006 - Minutes ROANOKE COUNTY PLANNING COMMISSION MINUTES –APRIL 4, 2006 Present:Mr. Steve Azar (arrived after worksession) Mr. Gary Jarrell Mr. Rodney McNeil Mr. Al Thomason Ms. Martha Hooker(arrived after Consent Agenda approval) Ms. Janet Scheid,Secretary Mr. David Holladay Mr. Tim Beard Mr. John Murphy Ms. Becky Mahoney Ms. Tammi Wood Mr. Josh Gibson Ms. Susan Carter, Recording Secretary WORK SESSION: Session opened at 4:00p.m. by Mr. Jarrell. Approval of Agenda Mr.Thomasonmoved to approve the agenda. Motion passed 3-0. Approval of Minutes Mr.McNeilmoved to approve the March 7, 2006PCPH minutes. Motion passed 3-0. Approval of Consent Agenda Mr.Thomasonmoved to approve the consent agenda. Motion passed 3-0. Comments Ms. Scheid noted all Planning Commission Worksessions regularly held on the third Tuesday of the month will now begin at6:00 p.m. Site Viewing The meeting was adjourned for site viewing at 4:20p.m. 1 PUBLIC HEARING: Mr.Azarcalled the meeting to order at 7:00p.m. Mr.Azargave 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, (Withdrawnby request of the petitioner) Hollins Magisterial District. 2.The petitionof Judy Taylor Wagner to rezone .369 acres from R-1, Low Density Residential District, to C-1, Office District for the operation of a beauty salon, located at 3722 Colonial Avenue, Cave Spring Magisterial District. Mr. CharlesOsterhoudt, Esquire, spoke representing the petitioner. He reviewed the proffers. He stated the petitioner wouldagree to limit signage to 35 sq. ft. Mr. Tim Beard, Roanoke County Planning Department, presented staff report. Ms. Hooker inquired about proffers. Mr. Beard discussed suggested additional proffers.Mr. Osterhoudt stated the petitioner would agree to suggested additional proffers. Mr. Azar suggested allowing dumpster service only during working hours in consideration of the surrounding residential community. Mr. Osterhoudt stated they are unsure if they will use a public or private service for refuse collection. Ms. Terry Newman, 10971 Bottom Creek Road, spoke on behalf of her mother Ms. Janie Lovell. She spoke against the petition. She expressed concern regarding increased traffic coming through the neighborhood. She discussed difficulty turning at the intersection of Green Valley Drive and Colonial Avenue due to traffic. She also expressed concern regarding depreciation of property values. She spoke in support of neighborhood conservation. Mr. Azar noted the commissioners received a petition signed by 34 citizens who object to the rezoning. Mr. Tom Webster, 4714 Colonial Avenue, spoke against the petition. He expressed concern regarding traffic and parking. He stated even though the parcel is designated Transition it could remainresidential. He expressed concern customers would park on Green Valley Drivewhich would create unsafeconditionsfor residents.He expressed concern regarding trash pickup and the visibility of a dumpster. He stated he is opposed to closing the carport. 2 Mr. McNeil inquired about Colonial Avenue’s VDOT rating. Mr. Anthony Ford, Transportation Engineering Manager, explained Colonial Avenue is an urban minor arterial road. He explained his method used to calculate projected traffic counts. Ms. Judy Wagner, spoke regarding the petition. She stated each customer visit will last approximately 1 hour 30 minutes, that each stylist will have a separate room for the privacy of the customerand thata total of eight employees will work at this location. Mr. Jarrell asked about surrounding zoning. Mr. Beard discussed current zoning of surrounding properties. Ms. Hooker inquired about parking accommodations. Mr. Beard stated the proposed number of spaces exceeds the minimum ordinance requirement. Mr. Thomason inquired about overflow parking onto Green Valley Drive. Mr. Beard stated parking in the right of way would be discouraged. Mr. Azar inquiredabout stipulating a maximumnumber of employeesbutMs. Scheid noted enforcement of this type of proffer would be difficult. Mr. Azar inquired if a traffic study had been performed. Mr. Ford stated he did not find it necessary due to the minimal numberof trips created by the site. Mr. McNeil also inquired about overflow parking. Mr. Osterhoudt stated a maximum of six rooms are available for employees. He stated not all employees will work eight hour days.He stated more spaces would be available if the dumpster site is removed. Ms. Wagnerexplainedeach stylist would rent aroom in the house. Mr. Jarrell inquired about buffering. Mr. Beard stated no buffering is required for the portion adjoining C-1 property. Mr. McNeilstated the proposed use and the traffic numbers are reasonable. Mr. Jarrell expressed concern this use would create problems for residents on Green Valley Drive. Mr. Azar stated this parcelshould remainresidential since it adjoins a residential street. Mr. McNeil then made the motion to recommend approval of the rezoning with the following conditions: 1.The use of the property shall be limited to cosmetic services including hair, nail and skin treatment. 2.The carport will be enclosed, a canopy will be placed over the main entrance and there shallbe no other exterior building expansion. 3.Colonial Avenue shallnot be utilized for ingress and egress. 4.The new parking area shall be of a pervious surface and will be increased in size by the elimination of the dumpster. 3 5.Stormwater management shallbe addressed through available methods, including the use of the pervious surface and other sub- surface storm drainage. 6.Hours of operation shall be 9:00 AM until 8:00 PM Monday through Saturday. 7.Applicable Colonial Avenue Corridor Design Guidelines shallbe in effect as determined during the site plan review process. 8.Signage shall be limited to one monument sign not exceeding 35 square feet. 9.Any exterior lighting installed shall comply with Colonial Avenue Corridor Design Guidelines for lighting. AYES:Thomason, Hooker, McNeil NAYS:Azar, Jarrell ABSENT:None 3.The petition of Loblolly Mill, LLC to rezone 94.229 acres from AG-3, Agricultural Preserve District, to PRD, Planned ResidentialDistrict with a maximum density of 0.33 houses per acre, located at 3672 Sterling Road and property in the 3800 block of Sterling Road, Vinton Magisterial District.Mr. Josh Gibson, Roanoke County Planning Department, presented staff report. Mr. Azar inquired about the density allowed with the current zoning. Mr. Gibson explained approximately 31 homes could be built with density being 1 home/3 acres. Mr. Azar inquired about the proposed density. Mr. Gibson explained the petitioner proposes 29 homes. Mr. Azar inquired about open space. Mr. Gibson stated the petitioner has proffered 50% open spacefor this development.Ms. Hooker inquired about the use of dry hydrants. Mr. Gibson stated plans have not been submitted for dry hydrants. Mr. Mike Pace, Esquire, spoke representing the petitioner. He introduced Mr. Rob Sorentino, Mr. Mike Pyle, and Mr. Sean Horne. Mr. Pace discussed changes to the proffers. He stated the buffering will be expanded in areas where another home is within 50 feetand thatthe roads will be built to VDOT standards. He stated the petitioner will agree to dry hydrantsand will proffer 50% open space in compliance with the Comprehensive Plan. He stated no uplighting will be installed. The petitioners have reduced the density of the development from 31 homes to 29 homes. Mr. Pace noted that the petitioner intends toprotect the bridge and the grist mill will be renovated. He stated joint driveways are planned and that the houses cannot be seen from the parkway. 4 Mr. Sean Horne discussed the site plan, topography and elevation. He stated a flood study of the site will be performed. He discussed walking trails that are proposed.Mr. Azar asked about the grade of building lots. Mr. Horne stated lots 1-6 will be 18% grade with the remaining lots being 16% grade. Ms. Hooker asked if the development would be a gated community. Mr. Horne affirmed it would be a gated community. Ms. Hooker inquired about driveways. Mr. Horne stated the driveways would allow for two-way traffic.Mr. Thomason asked about dry hydrants. Mr. Horne stated they are currently planningfor the dry hydrants. Mr. Thomason asked about school bus access. Mr. Horne stated the minimum standard for school bus passage is 18 feet. Mr. Mike Ferguson, 117 Serpentine Road, stated he is an adjoining landowner. He spoke in favor of the petition. He stated it is a good development with nice homes. Mr. Bill Mason, Jr., Esquire, spoke against the petition. He stated the proposed development is not in line with the county’s mission statement. He stated this development takes the area from rural to suburban. He stated the development will change and destroy the rural area. He stated the entrance will be on a bad curve in the road. He expressed concern regarding well and septic systems being in this area. Mr. Paul Beers, 4414 Bandy Road, spoke again the petition. He stated he moved to the area 10 years ago. He stated the community is pristine and should not be disturbed. He expressed concern about any benefit to the community. He stated it will change the nature of the community. Mr. David Dollberg, 4421 Bandy Road, stated a petition had been signed by 179 citizens opposing the petition. He noted it is a rural community. He expressed concern regarding runoff,erosion,and buffering. He stated he will be able to see homes from his propertyand noted his concern that the buildings will be on the ridgelines. He stated the area has a lot of history and natural beautyand thatpeople currently ride bikes and horses on the roadway. He also stated these types of homes will have service personnel which will increase traffic. He stated the environment is steep and fragileand that the community does not want this development. Ms. Michelle Buonocore, 4414 Bandy Road, spoke again the petition. She stated the citizens have a united front against the development. She presented a petition. She stated approximately 5% of the citizens visited were in favor of the petition and would not sign the petition. She noted that the site flooded badly in 1985. She expressed concern that taxes would increase. She stated the citizens live in the country by choiceand sheexpressed concern that Sterling Road is too small, steep, and icy in the winter for increased traffic. She asked that the request be denied. Ms. Hope Hollingsworth, 5250 Old Virginia Springs Road, spoke against the petition. She stated it will negatively impact the area. She stated the development is the wrong project for the area. Mr. Eric Jaklitsch, 3804 Sterling Road, spoke against the petition. He stated the trash cans for this development would be placed in front of his 5 home. He discussed the slope of the property. He stated the guard shack would be located on the side of hisproperty. He expressed concern regarding increased taxesandstormwater runoff. Mr. Jeff Hartman, spoke again the petition. He stated the residentslove the land. He stated much of the area is family-owned property. He expressed concern regarding wildlife endangerment. Mr. W. L. Epperly, 4238 Edenshire Road, stated the property was flooded in 1985. He provided a brief history of the area. He stated he lived in the area all his lifeuntil selling the property to Mr. Hartman. He expressed concern regarding school buses being able to goup Sterling Road in the winter. He also stated residents will not be able to hunt in the area if this proposal is approved. Mr. Pace stated the development will be a rural village design. He noted potential development for this area couldbe worse than the proposed use. Mr. Jarrell inquiredabout zoning and density. Mr. Gibson discussed the potential density. Mr. Jarrell inquired about 18% grade. Mr. Gibson stated it may be a problem for trash trucks and school busesto traverse this grade. He stated Fire & Rescue requested a better entrance than through the covered bridge. Mr. Horne stated the road through the bridge will be closed to vehicles and made part of the trail. Mr.Jarrell inquired about the flood zone. Mr. Horne stated the area is not within the FEMA designation. Mr. Jarrell asked about the average cost of homes. Mr. Horne stated the houses will be approximately $500,000 to $1 million. Mr. Jarrell asked why the density was reduced. Mr. Horne stated it was in response to community concerns. He stated they have takenout the lots closest to other property owners. Ms. Hooker expressed concern regarding cut & fill for driveways. Mr. Ford discussed grade and impacts. Ms. Hooker inquired about VDOT standards and dedicating roads. Mr. Ford discussed the requirements. He noted VDOT would most likely object to dedicated roads if the area is gated. Mr. Thomason expressed concern regarding the current condition of the roads in this area. He discussed the importance of dry hydrants and open space. Mr. Azar inquired about site distance for the ingress and egress onto Sterling Road. Mr. Ford stated VDOT would not approve the entrance if the site distance is inadequate. Mr. Azar stated this use of the property is low impact. He stated the site plan is consistent with the objectives in the Community Plan. Mr. Pace stated the petitioner is in agreement with the proffers. Ms. Scheid reviewed the revised proffers. Mr. McNeil expressed concern regarding ridgeline protection. Mr. Azarthen made the motion to recommend approval of the rezoning with the following conditions: 1. Anywhere a house within the development is 50’ or closer to a property line and a 50’ natural buffer cannot be maintained, 2 rows of evergreen trees shall be planted. In no case shall the natural buffer be less than 20’. 2. A dry hydrant shall be installed at the existing pond. 6 3. Road grades shall be reduced to 16% or lower exceptfor the road adjacent to lots #1-#6. 4. Master Plan dated April 14, 2006, including all graphic materials submitted as part of their rezoning petition. Details from the Master Plan include a maximum of 29 homes and a minimum of 50% dedicated open space. AYES:Hooker, Azar NAYS:Thomason, McNeil, Jarrell ABSENT:None The petition of Kevin & Jennifer Cook to obtain a Special Use Permit for 4. the operation of a used automobile sales business, located at 7400 Sunnybrook Drive, Suite 6, Hollins Magisterial District. Ms. Becky Mahoney, Roanoke County Planning Department, presented staff report. Mr. Kevin Cook spoke regarding the petition. He stated he will not be selling vehicles in mass volumeand therefore he will not have an inventoryof vehicles. He explained that DMV regulations require him to have 10 parking spaces available. Mr. McNeil asked the petitioner if he had applied for the DMV license. Mr. Cook stated he has taken the test but now needs to acquirethe proper zoning approvalprior to getting his DMV license. Mr. McNeil inquired about the number of available parking spaces. Mr. Cook stated the number of spaces is based on volume sold not inventoryand he stated he will pay an additional lease fee for the additional spaces. Mr. McNeil referenced a fax he had received regarding the petition. (Staff does not have a copy of this fax nor is a copy in the file). Mr. Cook presented a letter from Mr. Mike Bailey(property owner) confirmingthe additional spaceswill be dedicated tohim. Mr. McNeil expressed concern there were not enough total spaces to keep the property in compliance. Mr. Jarrell asked why the petitioner did not require inventory. Mr. Cook stated his customers know the type vehicle they want and he locatesit for them. Mr. Ronald Palmieri, Brookside Auto Sales, stated he owns the adjoining property. He stated several years ago he was denied an SUP for the proposedsite. He expressed concern regarding state inspection of the vehicles. He discussed regulations. He stated he is opposed to the petition. Mr. Jarrell asked how he Mr. Cook would sell vehicles. Mr. Cook explained the processandpresented regulations acquired from the DMV website.Mr. Thomason stated since he knows the owner of the property, he would need to abstain. Mr. McNeil asked to stipulate that the SUP would be nullified if the DMV did not grant the license. Ms. Scheid explained this could not be done. 7 Mr. Jarrellthen made the motion to recommend approval of the rezoning with the following conditions: 1.No more than two (2) vehicles shall be stored on the parcel at any given time. 2.No outside display of vehicles for sale shall be allowed. 3.No truck or commercial vehicle with, or designed to have, more than two (2) rear wheels shall be stored on the parcel. AYES:Hooker, Azar, Jarrell NAYS:McNeil ABSTAIN:Thomason ABSENT:None 5.The petition of Sonic Restaurants, Inc. to obtain a Special Use Permit on 1.101 acres for the operation of a fast food restaurant with drive-in, located at 4504 & 4510 Challenger Avenue, Hollins Magisterial District. Mr. Josh Gibson, Roanoke County Planning Department, presented staff report. Mr. Jarrell inquired about the proper address. Mr. Gibson stated 4504 Challenger is correct. Mr. Jason Kapka, spoke representing Sonic Restaurants. He provided a brief history of the property. He stated they will not deviate from the proposed planand thatthe signage will be 150-180 sq. ft. Mr. Gibson suggested using monumentsignage. Mr. Kapka agreed to comply with the suggestion. Mr. Chris Craft spoke in favor of the petition. He stated this petition will help provide growth for this portion of the county. Mr. Jarrellthen made the motion to recommend approval of the rezoning with the following conditions: 1.Substantial compliance with the concept plan prepared by Parker Design Group dated 2/15/06. 2.Freestanding sign shall be limited to monument-type. Maximum height shall be 12 feet 6 inches. AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None 6.The petition of Che Torry to rezone .92 acres from C-1, Office District to C-2, General Commercial District in order to construct a personal improvement service (personal trainer), located in the 4600 block of 8 Brambleton Avenue, Windsor Hills Magisterial District.Ms. Tammi Wood, Roanoke County Planning Department, presented staff report. Mr. Jarrell inquiredabout condition stipulating roof top equipment.Ms. Wood explained the top of the proposed building was only slightly below the level of the adjoining R-2 zoned properties creatingconcern for sight and sound issues. Mr. Horne noted the petitioner is in agreement with the proffers. Ms. Hooker inquired about the clientele. Mr. Torry explained it will be a personal training facility with approximately six trainers. He stated there are no other facilities like this in the area. Mr. Azar inquired about the entrance. Mr. Ford discussed VDOT’s entrance requirements. He stated VDOT may require a study for turning traffic. Mr. Horne noted a center turning lane already exists in this area which should beadequate for this facility. Mr. Thomasonthen made the motion to recommend approval of the rezoning with the following conditions: 1. The development of the site shall be in substantial conformity to the Concept Plan and Proposed Elevation concept plan dated February 28, 2006, subject to those changes that may be required by the County during comprehensive site plan review. 2.Hours of operation shall be from 6am –10pm Monday through Friday, 9am -5pm Saturday and 12pm –5pm on Sunday. 3. A professional engineer must design and seal the retaining wall plans for the site. 4. There shall be no roof top mechanical equipment proposed. AYES:Thomason, Hooker, Azar, McNeil, Jarrell NAYS:None ABSENT:None Citizens Comments There were no citizen comments. Comments There were no comments. Final Orders 1.The petition of Eric Eanes and Todd Conner to rezone 8.92 acres from C- 2S, General Commercial District with Special Use Permit to R-3, Medium Density Multi-Family Residential District for the construction of a townhouse development, located at 7656 Williamson Road, Hollins was approved by the Board of Supervisors at the Magisterial District Public Hearing on March 28, 2006. 9 2.The petition of WG Indian Trail, LLC, Warehouses, Inc. to obtain a special use permit on 15.63 acres for the operation of a drive-thru coffee shop, locatedat Route 419 near its intersection with Keagy Road, Windsor Hills was approved by the Board of Supervisors at the Magisterial District Public Hearing on March 28, 2006. There being no additional business, the meeting was adjourned at 10:20p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 10