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HomeMy WebLinkAbout6/3/2003 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES — JUNE 3 Present: Mr. Don Witt, Chairman Ms. Martha Hooker Mr. Steve Azar Mr. Todd Ross (present at Worksession) Mr. Arnold Covey Ms. Janet Scheid Mr. John Murphy Mr. Tim Beard Ms. Susan Carter, Recording Secretary Absent: Mr. Al Thomason WORK SESSION: Mr. Witt called the session open at 4:00 p.m. Approval of Agenda Ms. Hooker moved to approve the agenda. Motion passed 4 -0. Approval of Minutes Mr, Ross moved to approve the May 6, 2003 minutes. Motion passed 3 -0; Ms. Hooker abstained. Mr. Ross moved to approve the May 20, 2003 Planning Work Session minutes as amended. Motion passed 4 -0. Approval of Consent Agenda Mr. Ross moved to approve the consent agenda. Motion passed 4 -0. Barrens Road Waiver from Section 200.12 of the Roanoke County Public Street and Parking Design Standards and Specifications _ Mr. Jeff Bailey, Roanoke County Engineering, presented the request. He explained the site plan as submitted by Parsell & Zeigler. Mr. Terry Parsell and Mr. Danny Dewitt from Parsell & Zeigler were present. Mr. Witt inquired about the speed limit in the area. Mr. Parsell stated the speed limit is 35 mph. Mr. Bailey explained if the centerline is moved to the right, it would create a problem with the necessary site distance. Mr. Ross and Mr. Murphy discussed a previous waiver granted in the area. Mr. Bailey noted the previous waiver was regarding a private road not a state road. Mr. Witt inquired about the depth of the surrounding lots. Mr. Parsell stated the average depth of the lots is 100 feet deep. Ms. Hooker stated she did not see a problem with the request. Mr. Ross stated they will need to consider other waivers which have been granted in the surrounding area when considering new waivers. Mr. Witt noted this waiver would make the property workable. Mr. Ross then made a favorable motion to approve the waiver: AYES: Ross, Azar, Witt, Hooker NAYS: None ABSENT: Thomason Discussion of Sign Ordinance Worksession Ms. Scheid gave a brief update of the Sign Ordinance Revision BOS Worksession prior to the BOS Public Hearing. She stated Mr. Witt and Mr. Arnold Covey were present at the Worksession. She stated there was some confusion on the various portions of the revisions. She stated Mr. Garland Kitts and Mr. Bill Lodzinski from Lamar Advertising along with their attorney, Mr. Chip Dicks, were also present. She stated that on June 10 at 5:30 p.m. there will be an additional Worksession to further discuss the revisions. She stated the Planning Commission has been asked to attend to explain the background of the Sign Ordinance Revisions. She stated the next BOS Public Hearing is scheduled for June 24 Ms. Hooker noted the BOS is divided on the Cap & Replace issue. Mr. Azar suggested possibly lowering Cap & Replace to 1 for 1, as opposed to 2 for 1. Mr. Covey stated it appears the BOS was unaware of a problem in Roanoke County with the current billboards. Mr. Covey suggested outlining the revision issues clearly to present to the BOS. Mr. Witt stated the revisions are not intended to impair the billboard industry but instead to offer other options. Mr. Azar noted the Cap & Replace may increase the value of the current billboards. Ms. Scheid noted that some members of the BOS were reluctant to authorize the Tri- vision signage. Ms. Hooker suggested the commissioners revisit their respective BOS members. Site Viewing The meeting was adjourned for site viewing at 4:50 p.m. 2 PUBLIC HEARING: Mr. Don Witt called the meeting to order at 7:00pm. Ms. Martha Hooker gave the invocation and led the pledge of allegiance. There was the petition of Randy Grisso to obtain a Special Use Permit to operate a Private Kennel on 2.21 acres, located at 1459 Mountain Heights Drive, Catawba Magisterial District. Mr. Chris Lowe, Roanoke County Planning, presented the petition. Ms. Hooker asked why Mr. Grisso had been charged by Animal Control. Mr. Lowe stated the violation was having more than two dogs. Mr. Randy Grisso of 1459 Mountain Heights Drive stated he has three miniatures and two medium sized dogs. He stated the dogs are inside by 9:30 or 10:00 p.m. He stated they are strictly pets and stay in the house at night. Ms. Hooker asked the breeds of the dogs. Mr. Grisso stated they own 3 Chihuahuas and 2 Boxers. Ms. Hooker asked if the petitioner had received previous complaints. He stated one of his neighbors spoke with him previously about being bothered by barking. He stated after he and the neighbor discussed the issue, he brought the dogs in earlier to prevent disturbing the neighbor. Ms. Hooker asked if he had received any other complaints. Mr. Grisso stated he not received other complaints. Mr. Grisso stated the miniature dogs sleep most of the time while the larger dogs are out some of the day since his wife does not work outside of the home. Mr. Azar asked if he intended to breed the dogs. Mr. Grisso stated he does not intend to breed any of the dogs. He also stated all of the dogs are females. Several citizens spoke unfavorably about the petition. Linda Oliver, 1672 Mountain Heights Drive, stated she was the spokesperson for the Mountain Heights area. She stated she lives approximately one -half of a mile up the road from the petitioner. She stated she is fearful the dogs will dig under the fence jeopardizing the safety of the children in area. J.M. Oliver, 1440 Mountain Heights Drive, stated he has noticed a lot of barking since the front yard fence was installed. He also stated he was the individual the petitioner referred to earlier that complained directly to him. He stated the reason he has not complained since that time is that he knew he would be appearing at the PCPH. He stated when Mr. Grisso got the boxers, everything changed. He requested the PC deny the request. Cleo Oliver, 1440 Mountain Heights Drive, stated her father, B. O. Martin, built the Mountain Heights Subdivision and applied restrictions at that time. She requested the petition be denied. Ms. Hooker asked when they noticed the noise. Mr. Oliver stated a month or two ago. Mr. Azar asked if it was after the fence was installed. Mr. Oliver replied it started when he fenced the front yard and acquired the two boxers. 3 Mr. Azar asked if the safety of the small children was a concern. Mr. Oliver stated there is just a lot of noise. Paul Shumaker, 1541 Mountain Heights, stated he resides three houses west of Mr. Grisso. He stated he was concerned other requests would follow if this request is granted. He stated it is a residential subdivision. Calvin Waldron, 1456 Mountain Heights Drive, expressed concern about the safety of his children, ages 11 and 16 if the dogs get out of the yard. He stated he was concerned the petitioner would get more dogs. He expressed concern the neighborhood would split their relationships over the kennel issue. He stated his wife is concern about the number of dogs the petitioner will acquire in the future. Ms. Hooker stated if the kennel license is approved, strict restrictions could be applied. Ms. Hooker asked when Mr. Waldron became bothered by the dogs. He stated it started when the fence was installed in the front yard. He stated he was speaking more for his wife than himself. He noted the dogs are usually in the house by the time he gets home from work. Mr. Grisso stated the dogs are not getting out of the fenced area. He also stated he has both a 3 year old and an 8 year old with which the dogs play in a friendly manner. Mr. Witt suggested barking suppression mechanisms for the dogs. Mr. Grisso stated he will check into it. He expressed concern that it would be difficult to inform his children they need to get rid of the dogs. Mr. Azar asked if there was a smaller more confined area available. Mr. Grisso stated he has smaller pens but does not use them any longer. Mr. Azar inquired about the hours the dogs are outside. Mr. Grisso stated they are out at various times since his wife is home during the day. He stated the hours the dogs are outside is dependent upon the weather. He stated the dogs are housebroken and are allow to stay indoors. Mr. Azar asked how early they are permitted outside. Mr. Grisso stated around 6.00 - 7:00 a.m. for about 30 minutes. He stated the question is difficult to answer since he is self - employed and his hours vary. Christopher Brennan, 1504 Mountain Heights Drive, questioned why Mr. Grisso acquired the dogs if he knew the law. He stated the boxers bark at anything that goes by the fence. He stated it is a nuisance and not fair to the neighborhood. Ms. Linda Oliver added she had been bitten by a Boxer when she was a child. Mr. Witt stated the biggest issue appears to be the noise. He stated the commissioners can limit the number of dogs allowed in the SUP. He stated the neighbors have a right to live in a quiet neighborhood. He suggested Mr. Grisso investigate ways to mitigate barking. 0 Ms. Hooker stated that although she has dogs and loves dogs, there appears to a history of problems in the neighborhood since the addition of the dogs. She expressed regret the family is already attached to the dogs. Ms, Hooker then made the motion to deny the request: AYES: Azar, Witt, Hooker NAYS: None ABSENT: Ross, Thomason 2. There was Hollins Hospitality, LLC, to Rezone 3.6 acres from R -1 Low Density Residential and 1 -1 Conditional Industrial District to C -2 General Office District in order to construct and operate a Hotel /Motel /Motor Lodge located at 7944 Plantation Road and 8008 Plantation Road, Hollins Magisterial District. Mr. John Murphy, Roanoke County Planning, presented the petition. Mr. Witt inquired about buffers at the back of the property. Mr. Murphy explained the property to the left is R -2 and buffering is required, all other surrounding property is C -2 and buffering is not required. Mr. Mike Pace, Esquire, spoke representing the petitioner. He gave a brief history of the property. He stated the property is owned by Jay Patel and Granger MacFarlane. He stated they plan to construct a Marriott Fairfield Inn, He explained the site plan to the commissioners. He stated the only entrance to the property would be on Plantation Road. He then explained probable commercial development plans of other property surrounding the petitioner's property. He stated the structure will be a maximum of four stories tall and in substantial conformity to the submitted site plan. He stated when 1 -81 is widened, this area will likely become a core designation. Mr. Azar asked about plans regarding Carvins Street. Mr. Pace stated it will be closed off as recommended by VDOT. Mr. Witt requested the buffering be extended 40 feet up the back of the property in the area adjoining the property zoned C -2. After a short discussion between Mr. Pace and Mr. Patel, Mr. Pace stated the petitioner agrees to the additional buffering requested by Mr. Witt. Mr. Azar then made the motion to recommend approval of the rezoning request with the following proffers: The Property will be developed in substantial conformity with the concept plan, dated April 25, 2003 and prepared by Lumsden Associates, P.C., subject to any modifications required during site plan review or agreed to by Roanoke County, including requirements related to buffering and screening the proposed use from adjoining properties. 2. For 40 feet along the south - southwest property line (adjacent to the Bach and Newbern Property), there shall be tree plantings to screen the view from Carvins Street. 5 AYES: Azar, Witt, Hooker NAYS: None ABSENT: Ross, Thomason 3. There was a Roanoke County Planning Commission to amend the 1998 Roanoke County Community Plan as it pertains to policies for Route 460 West Design Guidelines in the Catawba Magisterial District. Mr. Chris Lowe, Roanoke County Planning, presented the petition. Mr. Lowe stated he was unsure of the exact time the guidelines will go into effect. Ms. Hooker stated she was happy the guidelines have been created for this area. Mr. Witt noted an error in the numbering on page 7, item D. Mr. Lowe stated he would correct the error promptly. AYES: Azar, Witt, Hooker NAYS: None ABSENT: Ross, Thomason Citizens Comments Annie Krochalis spoke regarding the Roanoke County Comprehensive Plan revision process. She noted she had worked on the Bent Mountain Comp. Plan. Mr. Witt informed Ms. Krochalis she was on the invitation list to attend the County Planning Academy. He noted it is often difficult to get citizens to attend public meetings on planning issues. Ms. Krochalis suggested contacting the civic leagues and placing it in the local newspaper. She suggested that sprawl without infrastructure to support the growth be addressed during these sessions. She stated she is concerned that the Bent Mountain area is losing assets instead of gaining due to the continued growth. Ms. Scheid stated the county has received a preliminary Concept Plan to extend water and sewer to property behind Back Creek Elementary School. She explained the request will go through a Section 2232 Review. Mr. Witt noted the Planning Commission will review the plans to make sure the changes are in the best interest of Roanoke County. Ms. Scheid stated the Concept Plan is currently in for review. She stated the earliest it would be reviewed by the PC would be August. Mr. Murphy stated the notification will be going out in the very near future. Planning Commission and Staff Comments Ms. Scheid discussed the County Planning Academy list of candidates and letter to be sent. She stated the letter that will be mailed out at the end of week is to be signed by both Don Witt and herself. She stated the candidates will need to confirm their reservations by June 20 G1 0a The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs, (Continued at the request of the Board of Supervisors) 2. The petition of Lighthouse Church of the Brethren to obtain a Special Use Permit to construct a religious assembly facility on 5.99 acres, located at 7700 Willow Branch Road, Cave Spring Magisterial District was approved by the Board of Supervisors at the Public Hearing on May 27, 2003, 3. The petition of Balzer & Associates Inc., to Rezone 1.8, acres from R-3 Medium Density Multi-Family Residential District to C-1 Office District in order to operate a general, office located at 3406 Ogden Road, Cave Spring Magisterial District. (Withdrawn at the request of the petitioner) 4. The petition of Development & Design, LLC, to Rezone 4.842 acres from R- 1 Low Density Residential District to R-3 Medium Density Multi-Family Residential District in order to construct multi-family dwellings located at 1400 Hardy Road, Vinton Magisterial District was approved with conditions by the Board of Supervisors at the Public Hearing on May 27, 2003. 5. The petition of Windsor House, Inc., to Rezone .67 acres from C-1 Office District to C-2 General Commercial District in order to operate a beauty salon located at 3505 Brambleton Avenue, Windsor Hills Magisterial District. (Withdrawn at the request of the petitioner) There being no additional business, the meeting was adjourned at 7:30 pm. Respectfully Submitted, Approved: Sedetary, Roanoke County Planning Commission 7