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HomeMy WebLinkAbout6/1/2004 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES -- JUNE 'I, 2004 Present: Mr. Al Thomason, Chairman Ms. Martha Hooker Mr. Steve Azar Mr. Rodney McNeil Mr. Gary Jarrell Ms. Janet Scheid Mr. Paul Mahoney, County Attorney Mr. David Holladay Mr. Chris Lowe Ms. Tammi Wood Mr. John Murphy Mr. Tim Beard Ms. Susan Carter, Recording Secretary WORK SESSION: Session opened at 3:57 p.m. by Mr. Thomason. Approval of Agenda Mr. Azar moved to approve the agenda. Motion passed 5-0. Approval of Minutes Mr. Azar moved to approve the May 4, 2004 minutes. Motion passed 3-0 with Ms. Hooker and Mr. Jarrell abstaining. Approval of Consent -Agenda Ms. Hooker moved to approve the consent agenda. Motion passed 5-0. Comments Mr. Mahoney explained order of business regarding Kahn Development. Ms. Scheid explained that although Balzer & Associates — Chad McGee have verbally withdrawn their petition, they have not yet provided formal documentation. She stated the county is buying the property to add to the adjoining park. Mr. Thomason informed other commissioners Mr. Rupert Cutler had contacted him to state he was in opposition of the Explore Park petition. Mr. Holladay stated he had no knowledge of Mr. Cutler's opposition of the petition. He provided commissioners with a copy of the 1993 Staff Report on this property for reference purposes. Staff briefly discussed the history of the property. Site Viewing The meeting was adjourned for site viewing at 4:12 p.m. PUBLIC HEARING: Mr. Thomason called the meeting to order at 7:00 p.m. Mr. Gary Jarrell gave the invocation and led the pledge of allegiance. There was the amended petition of Kahn Development Company to rezone 9.85 acres from C1 Office District to C2C General Commercial District with conditions, and rezone 5.1 acres from C1C Office District with conditions to C2C General Commercial District with conditions, and rezone 1.1 acres from R2 Medium Density Residential District to C2C General Commercial District with conditions in order to construct a general office and retail sales facility located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District. Mr. Thomason noted the amended petition had been withdrawn by the petitioner. Ms. Maryellen Goodlatte, attorney for the petitioner affirmed this action. She stated the original petition would be heard by the BOS on June 22, 2004. 2. The petition of Balzer & Associates, Inc. to rezone 4.83 acres from 11 C Industrial District with Conditions to R1 Low Density Residential District for a development of single family housing located at Tract B1 -A-2 of Mason Subdivision, Hollins Magisterial District. Mr. Thomason noted the petition had been continued until July 6, 2004. 3. The petition of Virginia Recreational Facilities Authority to amend the zoning on Virginia's Explore Park from EP, Explore Park with conditions to EP, Explore Park with amended conditions in order to remove a natural area designation, located at 3900 Rutrough Road, Vinton Magisterial District. Mr. David Holladay, Roanoke County Planning Department, presented the staff report. Ms. Trixie Averill, spoke representing the petitioner. She provided a brief history of the 1991 resolution which protected natural areas in the park. She stated the board rescinded the resolution in 2004. She stated the park wants to be self-sufficient and remain a vital entity in the valley. She stated the county provides funding but noted state funding has been withdrawn and the Park needs to keep options open in order to make the park a financially viable tourist attraction. Mr. McNeil asked if the theme of the park would change. Ms. Averill stated they do not intend to change the theme of the park. She stated they may consider developing campgrounds which would include parking areas for RV's. Ms. Hooker stated that although she understood the goal was to become more self-sufficient, she expressed concern the proposed amphitheater and extra parking could change the complexion of the park. Ms. Averill stated the park needs to grow. Ms. Hooker asked if the proposed changes would remain in line with the scale of the park. Ms. Averill stated the changes would stay within the current character of the park. Ms. Debbie Pitts, Interim Executive Director of Explore Park, stated the 2 amphitheater would be built to an educational scale of up to 500. She stated it will fit into the theme of the park. Ms. Pitts and Ms. Averill explained site maps to the Commission. Ms. Pitts stated they hope to promote such activities as canoeing and kayaking. She stated the buffer zone is 300 feet deep around the perimeter of the park. She stated additional parking and camping facilities are needed for visitors. Mr. Al Thomason asked if the park has funding now. Ms. Averill stated state funding has been removed. She stated the park would like to have their finances 'in the black.' Mr. Thomason asked how they currently earn money. Ms. Averill stated they charge admission fees to the park. Mr. Thomason asked if the county was currently contributing to the park. She stated the county does contribute to the park, but the park would like to be self-sufficient. Mr. Tom Brock, The River Foundation, explained the park funding needed. He stated the volume of admissions is not sufficient to sustain the park. He stated they need to attract more people to the park. He stated the VRFA and The River Foundation jointly make decisions. He stated they are all in agreement that this change will be for the long term good of the park. He stated financially it would be difficult to continue long term operation of park as it is currently setup. Dr. Rupert Cutler, Virginia Land Trust, provided a brief history of the park. He stated he formerly was Executive Director of Explore Park. He stated the 1991 Resolution to protect natural areas was executed at his request during his involvement with the park. He stated the creation of islands of natural areas was intended to protect the lands and wilderness for science educational needs, it is important to protect the water quality and wildlife and that the park was to be a living history museum. He stated the proposed buffered areas will not take care of protecting the theme of the park. He suggested the Planning Commission recommend that the VFRA withdraw their request and the County undertake a more refined and precise mapping exercise to locate the areas of the Park that should remain wilderness and those areas that could be used for more development. Ms. Hooker asked if the petitioner knew the percentage of the property which will be kept natural. Ms. Averill stated the natural areas are prime features of the park. She stated the restrictions are an encumbrance to the park's expansion. Mr. Thomason asked if Mr. Pete Haislip, Director of Roanoke County Parks & Recreation, approves of this petition. Ms. Averill stated Mr. Haislip agrees with the request. Mr. Azar agreed the park is not being utilized to its potential. He stated the expansion would assist in bringing programs to our area. He encouraged the petitioners to attract tourism but also protect the natural appeal of the park. Mr. Azar then made the motion to recommend approval of the rezoning request with the following proffers: K1 I . Attachment III of the 1993 application to rezone 767.33 acres to the Explore Park (EP) District, which describes the Natural Areas, is hereby removed from the EP District proffers. All of the remaining written and graphic information prepared and submitted as part of the 1993 application constitute proffers pursuant to Section 30-15 of the Roanoke County Zoning Ordinance. 2. Where park development adjoins a residential or civic land use, a Type E, Option 1 buffer yard, with Type E, Option 1 landscaping, or equivalent natural vegetation, shall be provided per Section 30-92 of the Roanoke County Zoning Ordinance. AYES: Thomason, Hooker, Azar, McNeil, Jarrell NAYS: None ABSENT: None 4. The petition of Ernest E. Sweetenberg to rezone 1.24 acres from R1 Low Density Residential District to 12 Industrial District in order to operate a construction yard located at 7314 Wood Haven Road, Catawba Magisterial District. Mr. Tim Beard, Roanoke County Planning Department, presented the staff report. Ms. Hooker asked if the violation was found due to a citizen complaint. Mr. Beard stated it was found by the Zoning Compliance Officer. Ms. Hooker asked about the setback issue. Mr. Beard noted the BZA granted a variance for the property which remedied the setback issue. Mr. McNeil asked why this parcel was not included when the surrounding property was rezoned industrial. Mr. Beard stated he was unsure of the reason it was not included. Mr. Ernest Sweetenberg, 7314 Woodhaven Road, stated he has been storing equipment in this area since 1960. He stated it formerly was zoned agricultural. He stated he parks his trucks on the property when they are not on jobs. He stated he did not know why zoning had changed. He stated the road which leads to Adams Construction was not there when he purchased the property. He stated Adams was given a right of way. Ms. Hooker asked if the petitioner has any plans for future construction. Mr. Sweetenberg stated he does not have any plans in the immediate future but may build a shed later in which to work on the vehicles. Mr. Jarrell asked if he previously granted the right of way to Adams Construction Co. Mr. Sweetenberg affirmed he granted the company a right of way. He stated he owned land on both sides of Valleypointe Drive. Ms. Hooker then made the motion to recommend approval of the rezoning request with the following proffers: 1. Use of the property will be restricted to the parking of a maximum of twelve (12) vehicles including dump trucks, trailers, farm equipment and related heavy equipment. 12 AYES: Thomason, Hooker, Azar, McNeil, Jarrell NAYS: None ABSENT: None 5. The petition of James River Equipment Virginia, LLC to obtain a Special Use Permit to conduct equipment sales and rental on 7.7 acres, located near 3902 West Main Street, Catawba Magisterial District. Mr. John Murphy, Roanoke County Planning Department, presented the staff report. Mr. Azar asked if VDOT had approved an additional entrance for the property. Mr. Murphy stated they plan to upgrade the existing entrance. Mr. Gale Simmers of James River Equipment Virginia, LLC, spoke regarding the petition. He stated his company desires to do business within the Roanoke County area. Mr. Azar asked the petitioner if he was in agreement with the suggested proffered conditions. Mr. Simmers stated he was in agreement with the proffers. Ms. Hooker stated she thought the business would be an asset to the community. Ms. Hooker then made the motion to recommend approval of the rezoning request with the following proffers: 1. The site shall be developed in conformance with the Route 111460 West Master Plan. 2. Access for the facilities shall share one entrance from West Main Street. 3. Outside storage of equipment on display for sale/rental or equipment stored on site for repair shall be behind the front building line of the proposed building. AYES: Thomason, Hooker, Azar, McNeil, Jarrell NAYS: None ABSENT: None 6. The petition of Member One Federal Credit Union, to rezone 1.35 acres from R-1 Low Density Residential District to C-1 Office District in order to construct a financial institution office located at 4975 Bower Road, Windsor Hills Magisterial District, Ms. Tammi Wood, Roanoke County Planning Department, presented the staff report. Ms. Maryellen Goodlatte, Esquire, spoke representing the petitioner. She stated the credit union has needed a new branch office in this vicinity for some time. She stated although the property is currently zoning R-1, it has not been a residence for awhile. She noted most surrounding property on Route 419 is currently zoned C-1 and C-2. She stated the building will be approximately 5300 square feet and will be oriented toward Route 419. She stated most surrounding property owners think Member One Credit Union would be a good neighbor. She introduced Ms. Karen Lynch and Mr. Dan Toddy from Member One and Mr. Brian Branch from Thor Construction. Mr. Thomason asked if the petitioner was in agreement with the suggested proffers. Ms. Goodlatte stated her client is willing to scale down the amount of signage. She stated the allowable signage is 188 feet but they are agreeable to reducing it to 150 feet. Mr. Thomason then made the motion to recommend approval of the rezoning request with the following proffers: 1. The development of the site shall be in substantial conformity to the Concept Plan dated April 30, 2004, subject to those changes that may be required by the County during comprehensive site plan review. 2. The architectural design of the building to be constructed on the site will be in substantial conformity to the Concept Plan dated April 30, 2004 and the submitted conceptual rendering. 3. The property shall be used only for the office uses permitted by right in C-1 office zoning. 4. The screen fence for the property shall be 8 foot in height in the buffer yard adjacent to the R-1 zoned property. 5. Freestanding signage for the property shall be monument style only. Total signage for the property shall be no greater than 150 square feet. AYES: Thomason, Hooker, Azar, McNeil, Jarrell NAYS: None ABSENT: None 7. The petition of Sam L. and Mercedes P. Hardy to rezone 1.3 acres from AG3 Agricultural Preserve District to PRD Planned Residential District and rezone 97 acres from AR Agricultural Residential District to PRD Planned Residential District, located south of Whistler Drive and Creek Circle and east of Apple Grove Lane, Windsor Hills Magisterial District. Mr. Chris Lowe, Roanoke County Planning Department, presented the staff report. Mr. Thomason asked if it was possible to get onto the property in a vehicle. Mr. Lowe explained at this time the initial entrance requires a four-wheel-drive vehicle but after that point the road does level out. Mr. Thomason asked Mr. Lowe if he had been over the entire property. Mr. Lowe affirmed he has seen all sites on the property. Mr. Thomason asked how far off Route 221 the development will be located. Mr. Sam Hardy, petitioner, stated the development will be less than one mile off of Route 221. He also explained the entrance to the property. He stated he purchased the property last July at 2 which time it had already been heavily timbered. Ms. Hooker asked if a flood study would be needed for the area. Mr. Lowe stated the creek may need to be studied during site plan review. He noted 36 acres will be left as a natural buffer for stormwater. Ms. Hooker inquired about the slope of the building sites. Mr. Lowe stated the initial road is steep and some of the driveways may have steep slopes. He stated the road has been increased to 18 feet to accommodate traffic. Mr. Azar inquired about the current number of sites. Mr. Lowe stated there will be 12 sites plus 3 outparcels. Mr. Hardy stated there will possibly be 14 homes total on 97 acres. Mr. Sam Hardy, 5954 Landview Drive, stated he is both a realtor and auctioneer. He stated 5 of the lots drain down towards Applegrove Lane and 4 lots drain down towards the creek. He stated he wants to keep the area looking natural. He stated the property was heavily timbered 5 years ago. Mr. Azar inquired about houses which would be downstream from the development. Mr. Hardy stated Mr. Crane's home is the house closest to the creek downstream. Mr. McNeil asked about water and sewer in the area. Mr. Hardy stated he will use wells and septic tanks. Mr. Hardy stated he believes this is the best use for the property. He stated initially the plan was for 42 lots but he did not want that type of development. He stated he hopes to build a home for himself in this area. Mr. David Crane, 7822 Creek Circle, stated his residence will be directly affected by the runoff into the creek. He stated there are three culverts crossing Whistler Drive off of his property on the Misty Forest side. He stated he has two creeks in his backyard. He stated the development encroaches on the Blue Ridge Parkway viewshed. He stated there will be no access to the green space for residents outside of Mr. Hardy's development. He suggested developing a county park in the area. He stated Happy Hollow began as private property and was deeded to the county for a public park. He stated a floodway study was made of the creek when his property was developed. He expressed concern regarding trash collection, school buses, and fire trucks entering the area. He stated the outparcel bordering Misty Forest should have the same restrictions as that subdivision. He stated a private flood study not a FEMA flood study was made for his area. Mr. Azar asked Mr. Crane how his property would be affected by the development. Mr. Crane stated the Mercedes Development lot #10 is very near his property. He stated the creek is already muddy. He stated he had to elevate his home when it was built due to the creek. Ms. Donna Lane, 7739 Creek Circle, stated she has lived in this area for 30 years. She stated the county should do something positive to control growth and protect the viewshed. She stated the slope of the property is very steep. She stated the parkway is directly above the property. She stated she is unsure if any development should take place in this area. She expressed concern regarding wildlife and water quality since septic drainage fields would drain into creeks. Ms. Hooker asked if these houses were on the viewshed 7 maps. Ms. Scheid indicated that this parcel was not on the viewshed map adopted by Roanoke County or on the recently updatead viewshed maps. Mr. Gary Murray, 7131 Lodi Lane stated new development would destroy the view of the existing houses. Ms. Amy Murray, 7131 Lodi Lane stated she has been on the parkway and can see the petitioners property from the parkway. She stated the property is very steep and has a great amount of wildlife. She stated development needs to be minimized in order to keep current residents living in the county. She stated it would be a major mistake to build on this property. Ms. Teresa Thomas, 7534 Apple Grove Lane, stated her property adjoins the petitioner's property. She stated the creek runs through the side of her yard. She stated the creek has previously destroyed the road which was rebuilt with a drainage ditch. Mr. Crane noted Mr. Thomason had stated earlier that they had not seen the property. He requested the commissioners visit the property before voting on the petition. He requested they go to Poages Mill Overlook on the parkway to view the property also. Mr. Hardy stated the commissioners have been misinformed about drainage. He explained the site plan to the commissioners. Mr. Thomason suggested postponing the petition until they have visited the site. Mr. Azar requested names and addresses of those present so they can see where these homes are located in relation to the petitioner's development. Mr. Thomason then made the motion to continue the petition 30 days until July 6, 2004 in order to view the site: AYES: Thomason, Hooker, Azar, McNeil, Jarrell NAYS: None ABSENT: None Citizens Comments There were none. Planning Commission and Staff Comments Ms. Scheid reminded the PC the BOS/PC will have a Joint Worksession on June 8, 2004. She also reminded the PC that Mr. Mike Chandler will be teaching a class after the worksession. M. Final Orders The petition of Roanoke County Board of Supervisors to rezone .800 acres from R1 SUP Low Density Residential District with Special Use Permit to C1 Office District in order to construct a public safety building, parking and access road located at 5929 Cove Road, Catawba Magisterial District was approved by the Board of Supervisors at the Public Hearing on May 25, 2004. There being no additional business, the meeting was adjourned at 8:57 p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 6