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HomeMy WebLinkAbout3/4/2008 - MinutesROANOKE COUNTY PLANNING COMMISSION PUBLIC HEARING MINUTES MARCH 4, 2008 Commissioners Present: Mr. Steve Azar (arrived during work session) Ms. Martha Hooker Mr. Rodney McNeil Mr. David Radford Commissioner Absent: Mr. Gary Jarrell Staff Present: Mr. Philip Thompson, Secretary Mr. Joe Obenshain, Senior Assistant County Attorney Mr. Tarek Moneir Mr. David Holladay Mr. John Murphy Mr. Tim Beard Ms. Megan Cronise Ms. Nicole Gilkeson Ms. Lindsay Blankenship Ms. Becky Meador, Recording Secretary WORK SESSION: Mr. McNeil opened the work session at 4:01 p.m. Approval of Agenda Ms. Hooker moved to approve the agenda. Motion passed 3 -0. Approval of Minutes Mr. Radford moved to approve the minutes of February 5 and February 19, 2008. Ms. Hooker requested a revision of the February 19' Comments section, paragraph 5 regarding county /city work session to include "county" under "...Mr. McNeil suggested `light' or no county business for this meeting... ". Motion passed with revision 3 -0. Approval of Consent Agenda Mr. Thompson stated there would be site viewing for petition numbers 3 and 4 only. Ms. Gilkeson presented the Lexington Falls, LLC petition, to include a Power Point presentation of the property. She noted that the site plan has been amended to rezone only 0.21 acre, instead of 0.68 acre as originally stated. Mr. McNeil inquired about prior resolutions regarding this property. There was discussion of any previous recommendations, citizen opposition, etc. Ms. Hooker suggested additional review. Staff will pull these records /transcripts for Work Session. Mr. Thompson stated the petition was in part to allow access to a traffic light for safety reasons. There will be a Community Meeting at Burlington Elementary School on March 17, 2008. A traffic study has been received and is currently under review by the staff. Ms. Blankenship provided a Power Point and oral presentation on the Theodore J. Foster petition for a Special Use Permit for a private stable. Mr. McNeil asked if the petitioner owned all three lots. Ms. Blankenship stated that they do. There was discussion of the number of horses per acre. The number in the application falls within ordinance limits. Mr. Azar moved to approve the consent agenda. Motion passed 4 -0. Page 1 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES March 4, 2008 Comments Philip gave a brief introduction of the new Smart Board equipment installed in the conference room. Site Viewing Mr. McNeil adjourned the session at 4.25 p.m. for site viewing. PUBLIC HEARING: The Public Hearing was called to order by Mr. McNeil at 7:01 p.m. Mr. Radford gave the invocation and led the pledge of allegiance. The petition of Wallace Family Enterprises, Inc., to obtain a Special Use Permit in a C- TS, General Commercial District with Special Use Permit, to operate a drive -in and fast food restaurant on 1.5 acres located at 2445 East Washington Avenue, Vinton Magisterial District, was presented by Mr. Beard. The staff report states the petition is consistent with the future land use Core Designation and recommends the condition that operating hours shall be restricted to 11:00 am — 10:00 pm Sunday through Thursday and 11:00 am — 12:00 midnight Friday and Saturday. Mr. Azar asked if the Special Use Permit would apply to Domino's only or to the entire shopping center. Mr. Beard stated that it would. Mr. Azar stated that there are 7.5 parking spaces per tenant on the property and asked if they were designated per business. There is no designation. He also inquired if VDOT would close the crossover in front of the property. Mr. Beard noted that VDOT stated that a surety of their holding cannot be released until the existing crossover has been removed. It is anticipated that the crossover will be closed in spring 2008. Mr. Radford asked if the Special Use Permit requested applied only to the specific space. Mr. Beard answered that it would apply only to Domino's and the owner of the property does not anticipate any other type of drive through or delivery fast food business. Mr. Radford asked if it is a blanket request for the entire building. Mr. Beard answering, "Yes." Ms. Hooker asked for explanation of the suggested condition. Mr. Beard stated that hours of operation are normally reviewed for this type of request. The hours stated in the condition are actually Domino's operating hours. Mr. McNeil asked if VDOT was making them close the crossover, or if it is voluntary. There was no VDOT representative present for comment. He inquired who would be responsible for the closing of the crossover, to which Mr. Beard indicated the owner. Mr. McNeil indicated that if the petition states the crossover would be closed, then it should be done and state by whom and when. Signage at the property was also discussed. It does meet the requirements of the Zoning Ordinance. Mr. Azar asked if the Special Use Permit would carry over to other retail business that may possibly operate in the same space in the future. He inquired if the Special Use Permit would be strictly for Domino's. Mr. Thompson stated that typically a Special Use Permit would apply to an entire parcel; however, it could be restricted to a certain square footage of the building. Any future business could operate under the Special Use Permit if the square footage limit was not exceeded. There was an inquiry as to who was seeking the permit, Wallace Family Enterprises (Domino's) or the owner, Winter Properties. Mr. Thompson stated that the applicant (Wallace Family Enterprises) does Page 2 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES March 4, 2008 not have to be the property owner. A letter of recommendation from the owner was filed with the application. Ms. Becky Hughes of 2416 Grandin Road, Roanoke, spoke on behalf of the petitioner. She was in agreement with Mr. Beard's report, stating that they are contemplating closing even earlier than the requested condition. She was not aware of who is responsible for closing the crossover. Mr. Scott Winter of 6971 Pine Needle Drive, Boones Mill (Roanoke County), managing partner of the property, spoke. He stated that Winter Properties is responsible for closing the crossover, which should be completed within the next sixty (60) days when weather permits. He believes that any other tenant of the property should apply for its own permits/zoning as applicable. With no additional speakers, Mr. McNeil closed the public hearing. Mr. Azar noted with 7.5 parking spaces per tenant that delivery is necessary for Domino's business. He recommended language in the permit include a square footage restriction. Mr. McNeil asked the size of the Domino's space. Mr. Winter stated it is 1875 square feet. There was discussion that the Special Use Permit should be worded "not to exceed 1900 square feet ". Mr. Obenshain stated that would be acceptable. Mr. Azar moved to approve the Special Use Permit with the condition that no parcel is to exceed 1900 square feet without return to the Planning Commission and operating hours could be as stated in the staff report. Mr. Thompson called the roll and the motion was passed 4 -0. The petition will be passed to the Board of Supervisors with a favorable recommendation. AYES: Radford, Azar, Hooker, McNeil NAYS: None 2. Mr. Murphy presented the proposed amendments to the Roanoke County Zoning Ordinance. The general intent of the proposed amendments is to standardize language to conform to the Code of Virginia, Roanoke County Floodplain Ordinance, Roanoke County Storm Water Management Ordinance, Roanoke County Subdivision Ordinance and the Western Virginia Water Authority standards. Ms. Hooker asked the reason for the change on page 19, under R -3, Medium Density Multi- Family Residential District, from "six (6) to twelve (12) units per acre" to 'one (1) to twelve (12) units per acre ". Mr. Murphy explained that it is possible to build one home on a property zoned R -3. This change is for clarification purposes. Mr. Radford referenced page 12 and asked what would replace the stricken definition of Natural watercourse. Mr. Murphy explained it was found under Watercourse on page 13. This change was made to match existing county ordinance. Mr. Radford stated he was pleased with the changes making the ordinances more user friendly. There was discussion of cluster developments. Mr. Radford inquired why the cluster development acreage is being changed to ten (10) and if a Planned Residential Development zoning would be more appropriate. Mr. Murphy said that the smallest cluster development was a three (3) acre tract; most applications are in excess of ten (10) acres. Page 3 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES March 4, 2008 Mr. McNeil asked for the reasoning behind changing the R -3 designation. Mr. Murphy stated that minimum lot size and road frontage has not changed, which are dictated by use and design standards. Mr. Azar asked if there had been any issues that required this change. Mr. Thompson indicated that this revision does not change the existing ordinance. It is for clarification only. Ms. Hooker concurred with the change stating that the ordinance needs to be upfront with what can possibly occur, although not typical. Mr. Murphy stated that the purpose statement is a general overview and lot requirements state what can be built on any individual parcel. Ron Booth of 3922 Electric Road spoke on behalf of the Roanoke Regional Homebuilders Association. Mr. Booth concurred that the revisions are helpful. He asked why the word "natural' had been deleted from the definition of Watercourse. He felt it more prudent left as is. He indicated that the RRHA engineers did not agree with the removal of "natural "; however, did not anticipate it would change county implementation. He also asked for clarification on the change from three (3) to ten (10) acres on the cluster ordinance. He stated that very few cluster developments have been brought before the county and the change would deter further. He suggested a compromise, possibly between three (3) and five (5) acres. He stated their engineers concur. Mr. Booth, referencing pages 35 and 36, noted that the ordinance pertaining to screening does not indicate industrial or commercial. Mr. McNeil asked Mr. Booth his opinion as a builder of the advantage of a cluster development. Mr. Booth stated certain architectural elements may work better in a smaller development and "privacy issues ". He stated they had opportunity to develop cluster developments in the past, but did not because it was too hard to work. He believes that is why it is not being used as much. There was further discussion of the intent and advantages of a cluster development. Mr. Booth stated he believed that you would have to go out of the service areas to find ten (10) acres to develop and it would be a moot point. Mr. Keith Franklin of 6721 Heath Circle spoke, asking if the R -1 language revision was introducing inconsistency. Mr. Obenshain clarified that the R -1 zoning states one to six (6) and R -2 states one to twelve (12). Mr. Franklin questioned the twelve (12) properties. Mr. Thompson stated that townhouses would be a possibility in an R -2 with a Special Use Permit. Mr. Franklin referenced page 7, inquiring the posting of property prior to a public hearing. Mr. Thompson explained it would no longer be indicated who would post the signs. This will be a county procedural issue, which could be subject to change. Mr. Franklin also questioned why the three - hundred foot condition regarding notice placement along road frontage was stricken. Mr. Thompson stated that was to alleviate an excessive number of signs being posted. The county may use larger, more visible signs in the future. Mr. Franklin asked if the ordinance should state what type of sign is required. Mr. Thompson said that would also be a procedural determination. Mr. Franklin voiced concern that only two (2) property lines would be posted. Mr. Thompson explained that all adjoining property owners are notified and an advertisement is posted in the newspaper prior to any public hearing. Mr. Franklin also inquired why on page 18 Site Development Regulations were stricken. Mr. Thompson stated it is covered under a different section and was excluded because it was repetitive. He went on to explain the Nonconforming section in Article I. With no further speakers, Mr. McNeil closed the public hearing. Page 4of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES March 4, 2008 Mr. Azar stated the staff: has done a wonderful job on this project. He suggested additional work in the Residential District and Cluster Development sections. He wishes clarity in what is trying to be communicated in the ordinance. Ms. Hooker stated that she is agreeable with the proposed changes, however, would like clarification on the question regarding screening. Mr. Murphy stated that site plan review is not required for a single or two - family home, which is done for a multi- family, commercial or industrial development. Mr. Radford stated agreement with the Residential District changes, but requested clarity on the "natural" watercourse definition. Mr. Murphy indicated that the change was made to be consistent with the floodplain ordinance, which was based on the state code. Mr. Thompson stated that DCR reviewed and submitted suggested changes. Mr. McNeil moved to continue resolution to the Work Session. Mr. Thompson called the roll and motion for continuation passed 4 -0. AYES: Radford, Azar, Hooker, McNeil NAYS: None 3. Mr. Holladay presented a proposed amendment to the Roanoke County Comprehensive Plan, which would incorporate the Mount Pleasant Community Plan. As requested in the previous Work Session, a map was created with hatching to denote the Ballyhack and Loblolly developments. Mr. Holladay expressed his thanks to the Planning Commission and the Mount Pleasant citizens for their input on this project. Mr. McNeil and Mr. Azar thanked the staff for their hard work on this project. Mr. Azar asked what would happen if the Explore Park plans do not go through. Mr. Holladay responded that it is state owned land and the Economic Opportunity Future Land Use Designation could pertain to other resort type businesses. The plan could be adjusted if necessary. Ms. Cindy Turner spoke. She is a 32 -year resident of Mount Pleasant. She complimented the plan and voiced support for a new library and community center. She suggested working with Roanoke City if necessary to continue developing the community. She stated the need to plan for future growth of the school and to keep revenue from going to other counties. She expressed the desire to work with the commission. With no other speakers, Mr. McNeil closed the Public Hearing. Mr. Azar moved to continue to the Work Session for resolution. Mr. Thompson called the roll and motion passed 4 -0. AYES: Radford, Azar, Hooker, McNeil NAYS: None 4. Ms. Gilkeson presented a proposed amendment to the Roanoke County Comprehensive Plan to incorporate the Roanoke County Community Facilities Map into the County's Comprehensive Plan. The Community Facilities Map shows the general location of community facilities such as schools, libraries, fire /rescue stations, parks, and administrative buildings. She stated the map would be updated with new facilities as applicable. Page 5 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES, March 4, 2008 Mr. McNeil asked if the map is replacing an existing one or if it is the first of its kind. Ms. Gilkeson stated it will be the first. With no speakers, Mr. McNeil closed the Public Hearing. With no further staff comment, Ms. Hooker moved for resolution and adoption of the map into the Comprehensive Plan. Mr. Thompson called the roll and the motion passed 4-0. AYES: Radford, Azar, Hooker, McNeil NAYS: None Final Orders 1. The petition of Grant Avenue Development to rezone 0.943 acre from R-2, Medium Density Residential District, to C-2, General Commercial District, and to obtain a Special Use Permit for a drive-in and fast food restaurant located at 7515 Friendship Lane, Hollins Magisterial District was withdrawn by the Petitioner on January 25, 2008. 2. The petition of Matthew A. Lester to obtain a Special Use Permit in an R-1, Low Density Residential District, to construct an accessory apartment on 4.36 acres located at 6678 Wellington Road, Windsor Hills Magisterial District was approved by the Planning Commission on January 2, 2008. The Board of Supervisors approved the petition January 22, 2008. 3. The petition of James Privitera to rezone 0.92 acre from AG-11, Agricultural/Rural Low Density District, to AV, Agricultural/Village Center District, to construct a Fine Arts Studio business located at 2222 Wfldwood Road, Catawba Magisterial District was withdrawn by the Petitioner on December 13, 2007. With no further business or comments, Mr. McNeil adjourned the meeting at 9:12 p.m. Respectfully Submitted: 6, it 14.r Becky Meador Recording Secretary, Roanoke County Planning Commission Philip t Trbmpson Secre ry, Roanoke County Planning Commission Approv 110 Rodney cNeil Chairman, Roanoke County Planning Commission Page 6 of 6