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HomeMy WebLinkAbout5/6/2003 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES — May 6, 2003 Present: Guests: Absent: WORK SESSION: Mr. Al Thomason Mr. Don Witt, Chairman Mr. Todd Ross Ms. Janet Scheid, Secretary Mr. David Holladay Mr. Chris Lowe Mr. John Murphy Mr. Tim Beard Ms. Susan Carter, Recording Secretary Mr. Paul Mahoney, County Attorney Ms. Melody Williams, RRHBA Mr. Paul Mahoney, Esq. Mr. Steve Azar Ms. Martha Hooker Session opened at 4:00 p.m. by Mr. Witt. Approval of Agenda Mr. Ross moved to approve the agenda as amended. Motion passed 3 -0. Approval of Minutes Mr. Ross moved to approve the April 1, 2003 PCPH minutes as amended. Motion passed 3 -0. Mr. Thomason moved to approve the April 15, 2003 PCWS minutes. Motion passed 2 -0 with Mr. Ross abstaining. Approval of Consent Agenda Mr. Ross moved to approve the consent agenda. Motion passed 3 -0. Discussion of the Sinn Ordinance Mr. Holladay reviewed his Memorandum of April 30, 2003, explaining the revisions. Mr. Witt questioned the Temporary Banners provision. Ms. Scheid explained that the revision removed portable signs. She stated the revision also includes an increase of banner dimensions up to 32 square feet in commercial areas and 16 square feet in all other areas. She stated Temporary Banners will now be allowed to remain in place for one year. Mr. Holladay reviewed replacement cost and replacement value. He explained although billboards have an assessed value as personal property, on- premise signage does not since they are considered real estate. He stated an option would be to follow VDOT's concept. Ms. Scheid questioned the actual difference between 'restore' and 'reconstructed.' Mr. Holladay stated the ordinance needs to be tied to design structure. Mr. Paul Mahoney, County Attorney, explained the issues associated with the billboard replacement regulation. He stated this section of the ordinance lacks definition of the terminology regarding replacement cost and structurally reconstructed. He suggested possibly using the VDOT standard for billboard replacement. Ms. Scheid noted the commissioners will need to determine how strong a position they wish to take regarding non - conforming signs. Mr. Witt noted the issue is the location of the non - conforming billboards. Ms. Melody Williams requested clarification of conforming and non - conforming signs. Ms. Scheid clarified the difference in signs. Mr. Mahoney recommended not referencing personal property assessments. He suggested using VDOT's formula and changing the percentage. He reiterated it is important to be uniform and consistent. Mr. Mahoney stated it is important not to override the good things in the ordinance but instead tighten the provisions. Mr. Witt noted no language stipulating grandfathered signs has been incorporated into the ordinance. Mr. Witt noted the BOCA code requires all structures to acquire a permit. Mr. Witt stated he was agreeable with the edit. Mr. Ross suggested possibly requiring sign companies to a send written requests to reconstruct billboards. Site Viewing The meeting was adjourned for site viewing at 4:55 p.m. 2 PUBLIC HEARING: Mr. Witt called the meeting to order at 7:00pm. Mr. Al Thomason gave the invocation and led the pledge of allegiance. 1. There was the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30 -93, Signs. Mr. David Holladay, Roanoke County Planning, presented the petition. Mr. Holladay gave a brief history of the Sign Ordinance Revision process. He reviewed the amendments. One citizen, Mr. Roger Holnback, spoke in favor of the Sign Ordinance Revisions. He stated he thought approving the revisions would be a positive step for the quality of life in Roanoke County. Mr. Witt made a favorable recommendation to approve the Sign Ordinance Revisions including the Alternate Amendments: AYES: Witt, Thomason, Ross NAYS: None ABSENT: Hooker, Azar 2. There was 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. Mr. Chris Lowe, Roanoke County Planning, presented the staff report. Mr. Les Reed represented the petitioner. Mr. Witt asked the location of the building site and signage. Mr. Reed stated the church would be built on the hillside which is visible from Route 220. He stated the existing sign would be moved to the front of the church facing Route 220. He also stated they would like to request permission to erect a lighthouse complete with a light. Mr. Witt stated he did not see a problem with the lighthouse as described by Mr. Reed. One citizen expressed concern. Mr. Carey Johnson asked if the cemetery on the lot would be preserved. Mr. Reed stated the church plans to preserve the cemetery. Mr. Witt then made the motion to recommend approval: AYES: Witt, Thomason, Ross NAYS: None ABSENT: Hooker, Azar 3 3. There was 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. Mr. Tim Beard, Roanoke County Planning, presented the staff report. Mr. Ross asked if the 25 feet access is an existing entrance. Mr. Beard stated it is an existing entrance. Mr. Witt asked if the petition adheres to the Colonial Avenue Corridor Guidelines. Mr. Beard replied that in part the petition does comply with the Colonial Avenue Corridor Guidelines but it does not comply with the section that deals with using front yard areas for parking and road access. Mr. Sean Horne, Balzer & Associates, represented the petitioner. He stated they plan to use the existing house in order to be harmonious with the corridor by keeping with the character of the surrounding area. He stated they plan to use the general guidelines of the Colonial Avenue Corridor Guidelines. He stated the objective is to create an aesthetic structure for the business. He stated that parking is an issue and that site topography makes it difficult to move the parking area to the access road side of the building. He stated if they need to enlarge the building or parking area in the future, the petitioner would file another petition at that time. Mr. Thomason inquired about the nature of the petitioner's business. Mr. Charlie Webb, Benefits Group, Inc., gave a brief description of the nature of his insurance business. He stated he currently has six employees. He stated the current size of the building would limit the maximum number of employees to approximately ten. Mr. Thomason asked about the amount of business activity which would be conducted at the facility. Mr. Webb stated most business is performed on the phone or out in the field. He stated the employees in the field would be in the building first thing in the morning and return to the office late in the day. Mr. Thomason asked if there would be walk-in traffic. Mr. Webb stated occasionally customers may need to stop by the office. Mr. Ross asked to see the site plan. Mr. Horne reviewed the site plan with the commissioners. Several citizens spoke regarding the petition. Mr. Mark Seiler, Ms. Cindy Webster, Mr. Steven Sutherland, and Ms. Christine Smith spoke regarding the proposed rezoning of the property. Ms. Christine Smith stated the Colonial Avenue area is being 'chipped' away by commercial development. She remarked on the amount of paving in the area. She also expressed concern about the lighting used. She stated it is important for the developers to adhere to the Colonial Avenue Corridor Guidelines. Ms. Cindy Webster stated support for the use of this house as an insurance office but noted the guidelines stipulate rear and side parking only. She stated the Colonial Avenue Alliance believes rezoning of certain areas is acceptable if 4 forethought is used during the site plan process. She stated although some commercial development is acceptable, the goal is to maintain the residential nature of the area and houses that are converted to offices should have parking in the side and rear. Mr. Mark Siler stated he is generally opposed to any commercial rezonings in the area. He noted traffic is increased with the 'commercial creep.' Mr. Steven Sutherland stated the proffers should read 'shall' instead of 'should.' He stated it is unacceptable to waiver from the guidelines. Mr. Horne stated they do no intend to devalue the corridor. He stated they are adhering to the guidelines regarding signage, lighting, residential character. With regards to parking, the guidelines state that it is dependent upon the terrain of the property. He stated if parking is behind the building, it will be difficult for employees and clients to access the building. Mr. Ross asked if the petitioner had considered using pavers for the driveway. Mr. Horne stated they considered alternate treatments for the driveway. He also noted the petitioner is currently a small business owner in Roanoke City. Mr. Charlie Webb stated the cost would be astronomical if pavers were used. He stated snow removal would be difficult creating an unsafe situation for patrons. Mr. Thomason asked where service vehicles would turn around for business deliveries. Mr. Webb stated the proposed parking would accommodate these vehicles. Mr. Beard stated the parking area could be located in the upper right corner of the property. Mr. Witt noted there were no proffers regarding lights and buffers. He suggested changing the language in the petition from 'should' to 'shall.' He suggested the petitioner continue the petition for 30 days in order to address the lighting and buffering proffers. Mr. Horne and Mr. Webb took a brief recess to discuss the suggestion. Mr. Horne returned stating the petitioner will add the lighting and buffering proffers as suggested by the Planning Commission. He stated since the petitioner does not wish to continue the petition, they will present the petition to the BOS as scheduled. Mr. Witt stated the parking situation remains an issue. Mr. Witt then made the motion to make an unfavorable recommendation of the rezoning with conditions: AYES: Witt, Thomason NAYS: Ross ABSENT: Hooker, Azar Mr. Ross stated that although he was not supporting Mr. Witt's motion, Mr. Horne had poorly illustrated his intent to comply with the Colonial Avenue Corridor Guidelines. Mr. Thomason expressed regret the petitioner did not accept the 30 day postponement option previously offered. 5 4. There was the petition of Development & Design, LLC, to Rezone 4.842 acres from RA 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. Mr. John Murphy, Roanoke County Planning, presented the staff report. Mr. David Helscher, Esq., represented the petitioners. He stated the development will consist of upscale patio homes. He stated they are waiting for the architectural rendering of the development. He stated all units will be 1600 square feet one floor plans. He stated the petition does not wish to 'max out' the site. Mr. Ross asked if more grading of the property would be required. Mr. Helscher stated they do not plan to do more grading. Mr. Witt asked if existing trees are damaged do they plan to plant replacement trees. Mr. Short stated that the back half of the lot will remain undisturbed. He stated the property will be landscaped in order to enhance the area. One citizen spoke regarding the rezoning. Mr. Carey Johnson, President of the Deer Ridge Townhouse Association, expressed his concern regarding the development. He stated his area is uphill from the petitioners property. He expressed concern regarding the bank that separates the two properties. Mr. Ross stated according to the site plan the petitioners could put a basement on one side of the development. Mr. Johnson requested that the building height be restricted. Mr. Murphy stated the maximum height allowed for the development is 45 feet. Mr. Johnson stated he and the 32 homeowners in the Deer Ridge Townhouse Association would like to go on record they are opposed to multi -level structures being built on this site. He stated they also want assurance the bank will be protected to prevent damage to the surrounding property. Mr. Ross note this is a single - family home site plan, therefore, it is unlikely the building would be three or more stories high. Mr. Johnson also expressed concern the new development would limit access to the nearby Wolf Creek greenway. Mr. Russell Short, property owner, noted the adjoining Deer Ridge development is three stories high and adjoins a fill bank. Mr. Helscher stated the petitioners are committed to building patio homes. He also noted the Deer Ridge property currently has the same zoning as the petitioners are requesting for their property. Mr. Johnson stated the Deer Ridge development buildings are two stories in height. Mr. Ross then made the motion to recommend approval of the rezoning request with the following proffers: 1. Petitioner proffers that the site will be developed as a patio home community in substantial conformity with the attached concept plan prepared by Rodney Pierson, dated February 10, 2003. 2 � 2. Petitioner proffers the area along Wolf Creek identified on the concept plan as a green space /conservation area will not be developed but held out as an amenity for the residents of this development with the possibility of dedicating all or a portion of the area as part of the Greenway Trails system. AYES: Witt, Thomason, Ross NAYS: None ABSENT: Hooker, Azar Citizens Comments There were no citizen comments. Comments Ms. Scheid stated the Roanoke County Citizens Planning Academy will be conducted on June 26 July 10 July 17 and July 28 She stated by the next PCWS she will need a list of citizens which the commissioners would like to invite to the academy. She noted the academy will be teaching long range planning techniques to the community. Ms. Scheid commended Mr. Holladay for his efforts and leadership regarding the Sign Ordinance Revisions. She also thanked the Planning Commission and staff for their participation in the process. Final Orders The petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R -1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District was approved with conditions by the Board of Supervisors at the Public Hearing on April 1, 2003. 2. The petition of Jeff Montgomery to obtain a Special Use Permit to operate a used automobile dealership on .57 acres located at 406 Dexter Road, Hollins Magisterial District was approved with conditions by the Board of Supervisors at the Public Hearing on April 1, 2003. 3. The petition of Maurice Lucas to obtain a Special Use Permit to operate a private stable on 13.460 acres located at 5800 Huntridge Road, Hollins Magisterial District was approved with conditions by the Board of Supervisors at the Public Hearing on April 1, 2003. 4. The petition of Graham Family Limited Partnership to obtain a Special Use Permit to construct and operate a car wash located at 7005 Williamson 7 5. The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-53, C-1 Office District, to include personal services as a Permitted Use was approved with conditions by the Board of Supervisors at the Public Hearing on April 1, 2003. 6. 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 BY THE PETITIONER) There being no additional business, the meeting was adjourned at 8:47 p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 0