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HomeMy WebLinkAbout12/3/2002 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 3, 2002 Present: Mr. Al Thomason Mr. Don Witt Mr. Kyle Robinson Mr. Todd Ross (arrived late) Mr. Arnold Covey Ms. Janet Scheid, Secretary Mr. David Holladay Mr. John Murphy Ms. Tammi Wood Mr. Chris Lowe Mr. Tim Beard Ms. Susan Carter, Recording Secretary Absent from Worksession but present at Public Hearing: Martha Hooker WORK SESSION: Session opened at 3:35p.m. by Mr. Don Witt. Approval of Agenda Mr. Robinson moved to approve the agenda. Motion passed 3-0. Approval of Minutes Mr. Thomason moved to approve the November minutes. Motion passed 3-0. Approval of Consent Agenda Mr. Robinson moved to approve the consent agenda. Motion passed 3-0. 2003 Work Program Ms. Scheid gave an overview of the projects and responsibilities of the planning staff. She stated she wanted to provide the commissioners with a better understanding of the scope and range of the projects staff is involved with. Mr. Witt expressed concern regarding staffing needs. Mr. Covey stated they are currently trying to fill a position for a Traffic Engineer. He stated this position will overlap with some planning functions. Mr. Witt requested that staff review the Implementation Schedule in the Community Plan and update the Planning Commission on the status. Ms. Scheid stated that staff will continue to work closely with the Economic Development department to assist in facilitating new growth. Mr. Lowe explained the NPDES project and his involvement in that. He stated the plan will span over the next 5 years. He stated they will be submitting the proposal to NPDES by the March 2003 deadline. Mr. Witt asked if all communities will be submitting standards. Mr. Lowe stated compliance standards are based on the size of the community. He stated it may be up to a year until the county is notified if their proposal is approved. Mr. Covey stated if the county does not submit its intent, the state will provide the directives. Mr. Witt asked about punishment for non-compliance. Mr. Covey stated they can sentence you to time in jail. Site Viewing The meeting was adjourned for site viewing at 4:20 p.m. 2 PUBLIC HEARING: Mr. Todd Ross called the meeting to order at 7:OOpm. Mr. Al Thomason gave the invocation and led the pledge of allegiance. There was a petition of Lois M. Atkins to obtain a Special Use Permit to operate a Home Occupation for a Beauty Salon, located at 3105 Davis Avenue, Windsor Hills Magisterial District. Ms. Janet Scheid, Roanoke County Planning, presented the Staff Report for this petition. Mr. Thomason asked who lived in the residence. Ms. Scheid stated the petitioner resides with her husband. Ms. Atkins stated she has problems with her feet and is unable to stand for long periods of time. Mr. Robinson inquired as to the number of clients she will see in her home. Ms. Atkins stated she will work two days per week seeing a total of 10 to 12 customers. There were no citizen comments. Mr. Thomason then made a favorable recommendation to approve the special use permit: Rezoning: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None 2. There was a petition of Ricky A. May, to obtain a Special Use Permit to operate a private aviation facility on 21.9 acres, located at 2213 Zana Road, Catawba Magisterial District. Mr. David Holladay, Roanoke County Planning, presented the Staff Report for this petition. Ms. Hooker requested an explanation of the statement in the staff report 'can meet zoning ordinance standards.' Mr. Holladay explained it is necessary for the petitioner to first acquire local approval in order to achieve state approval. Mr. Witt inquired as to what the state requirements are. Mr. Holladay stated they consider such factors as pad surface, clear zones, miles from airport. Ms. Hooker asked the petitioner to describe "minimal noise." Mr. May stated if you are very close to the heliport, it is loud. He stated he will be taking the helicopter out once or twice a day, two to three days per week. Ms. Hooker inquired how long the petitioner has been flying. Mr. May stated he has been flying a helicopter since 1990. Ms. Hooker asked if neighbors, near his previous residence, had complained about the noise. Mr. May stated he never received any complaints, Mr. Witt inquired as to how the aviation state laws have changed. Mr. May explained the state now requires a license if you are within five miles of the airport circle, he stated he is six miles from the airport. He reiterated he needs local approval before the state will consider approval of his facility. He stated he does not use the helicopter for commercial use. He stated the law requires his heliport to be at least 500 feet from all property lines. Mr. Thomason asked if he will have passengers. Mr. May stated he will have passengers but his insurance prohibits any commercial use. Mr. Ross expressed concern regarding the surrounding neighbors. Mr. May stated he notified them and they did not object to the heliport. There were no citizen comments. Ms. Hooker then made a favorable recommendation to approve the special use permit: 1. The heliport shall be located on an existing graded area to the west of the petitioner's home at an elevation of approximately 1,150 feet. 2. The heliport shall be used during daylight hours only. 3. The petitioner shall forward copies of written approval from the State Department of Aviation to the Roanoke County Department of Community Development AYES: Thomason, Hooker, Robinson, Ross, Witt NAYS: None ABSENT: None 3. There was a petition of Joe & Melissa Lankford, to Rezone 6.15 acres from R-1 Low Density Residential District to AR Agricultural Residential District located at 7604 Mount Chestnut Road, Windsor Hills Magisterial District. Ms. Janet Scheid, Roanoke County Planning, presented the Staff Report for this petition. Mr. Witt asked if there would be a limit to the number of llamas on the property. Ms. Scheid stated the petitioners would consider it. Mr. Ross inquired if other farm animals would be added to the property. Ms. Scheid stated under AR zoning it is allowed. Ms. Lankford stated the primary reason for wanting llamas is mowing of the property and use of the barn currently on the property. She stated the previous owners had horses and cows. She stated the advantages to having llamas is little or no odor and they fit well with the rural village designation. Mr. Thomason asked what the maximum amount of horses and llamas would be. Ms. Lankford stated four horses and seven llamas maximum. Mr. Thomason asked if they would have other stock animals. Ms. Lankford stated no. Mr. 11 Thomason was concerned with the possibility of having a total of eleven animals. Mr. Thomason described a former llama farm in Roanoke County stating he did not see any problems with the llamas while on that property. Mr. Robinson asked if the petitioners plan to breed the llamas. Mr. And Mrs. Lankford stated they do plan to breed the animals in the future. Mr. Ross requested the petitioners proffer the number of animals to be limited to a total of seven animals. He stated eleven animals would be excessive for the area. He also expressed concern that if the property is sold the next owner could potentially have eleven farm animals. Mr. Thomason suggested ten animals total. Mr. Witt explained since the zoning across the street from the property is unrestricted for animals, he was unsure if the number of animals should be stipulated at all for this property. Three citizens spoke against the petition. Mr. Bill Overstreet, Mr. Wilson Potts, and Mr. Andy Goff expressed concern regarding potential odor from farm animals affecting their homes. Mr. Overstreet stated the change in zoning from R1 to AR is a downgrade. Mr. Potts stated a llama farm formerly on Roselawn Drive had an odor. Mr. Goff expressed concern regarding the use of the property by future owners if it is rezoned. Mr. Thomason then made the motion to forward the petition with a favorable recommendation with the following conditions: 1. No chickens or pigs shall be kept on the property. 2. No more than 10 farm animals shall be kept on the property. 3. All animal waste shall be managed in a proper manner so as to not create a nuisance or health hazard to adjoining or nearby property owners. AYES: Thomason, Hooker, Witt, Robinson, NAYS: Ross ABSENT: None 4. There was a petition of Van B. and Teresa D. Johnson, to obtain a Special Use Permit to operate a commercial kennel on 2.657 acres, located at 3900 Carvins Cove Road, Catawba Magisterial District. Mr. John Murphy, Roanoke County Planning, presented the Staff Report for this petition. Ms. Hooker questioned the number of dog runs and if there would be cats also. Mr. Murphy referred the question to the petitioner. Mr. Witt asked about the septic system for the facility. Mr. Murphy referred to the design plan restrictions. Ms. Johnson described the design of the kennel. She stated they would have a separate area for grooming and a kitchen for food preparation. She stated they will have a separate room in which to board four to eight cats. Ms. Hooker asked about the average number of animals in the kennel. Ms. Johnson explained the busiest times would be during the summer and holidays. She explained the need for more boarding kennels in the area. She stated that although the county and surrounding localities sold approximately 7000 dogs tags, there are only approximately 300 spots to board them. She stated she sent letters to her neighbors prior to filing the petition; only three neighbors returned their letters with objections. Ms. Hooker asked if the dogs will be outside or inside at night. Ms. Johnson stated the dogs would be kept inside at night. Ms. Hooker inquired about the septic system. Ms. Johnson stated they have spoken with Mr. Dave Taylor, Roanoke County Health Department, regarding the installation of a separate septic system. Mr. Johnson stated that Mr. Taylor recommended a septic tank just as in a normal home. Mr. Witt expressed concern about the amount of barking in the kennel. Mr. Johnson stated there would be 25-30 outside runs. He stated the dogs would be confined inside from 7 p.m. to 7 a.m. everyday. He stated the building will have barking silencers built into the structure. Ms. Johnson stated if a boarding dog barked incessantly it would also be confined indoors. Mr. Robinson expressed concern about the neighbor directly across the street. Ms. Johnson stated they do not have objections to the kennel according to the letter they returned. Mr. Ross confirmed door and run designs. Ms. Johnson also stated they would be installing a privacy fence around the kennel. Mr. Pendleton Smith spoke against the petition. He stated the petitioners have no experience operating a kennel. He stated most kennels have a veterinarian to oversee animal care. He stated he has had no problem finding a vacancy when he needs to board his animals. Ms. Hooker asked about the distance the kennel will be from his property line. Mr. Pendleton stated it will be 20 feet from his line. Ms. Hooker asked if Mr. Pendleton plans on building on this portion of the lot. He stated he plans to build a home for his father and his nurse on this site since it is the only area that perks. Ms. Hooker asked about the number of runs. Ms. Johnson stated 35 runs is the maximum number. She stated her husband and daughter will be helping her part-time. Ms. Hooker asked if this was the only building site on their property. Mr. Johnson stated the 100 foot setback regulation makes this the only site. Mr. Ross and Ms. Hooker both asked the petitioners if this would be a feasible business if they had fewer runs. Mr. Johnson stated this is not just a hobby. He stated since they will be investing approximately $100,000 in the facility, they want to earn a profit. He stated Ms. Johnson will be taking classes from the American Boarding Association. He stated 35 runs would be the most he can get into this building. Ms. Hooker expressed concern about the number of runs in relation to the total number of acres of this parcel. Mr. Ross requested the dimensions of the building. Mr. Johnson stated the "T" shaped building would be 70 ft. x 20 ft. x 40 ft. Mr. Witt stated the noise level for the neighbors would be comparable with 35 dogs or 20 dogs. Mr. Ross asked about the outside construction materials. Mr. Johnson stated they would use cinderblock on the bottom with siding up to the roof line on the front of the building. Ms. Hooker inquired about the details of the privacy fencing. Mr. Johnson stated it would be a 6 ft. vinyl or wooden fence around the back of the kennel where the dog runs will be located. Ms. Johnson stated this will prevent the dogs from seeing things to bark at in the area. Mr. Robinson asked about the length of stay for the dogs. Ms. Johnson stated they will provide short term care. Mr. Ross inquired about the surrounding zoning. Mr. Murphy stated adjoining zoning is AG1 and AG3. Ms. Hooker then made the motion to forward the petition with a favorable recommendation with the following conditions: 1. There shall be a limit of 35 dog runs allowed with this facility. 2. A septic system shall be required for the disposal of all animal waste for this facility or another method approved by the Health Department to prevent contamination of the adjoining creek. 3. There shall be a maximum of 10 feet of signage for the use. Any freestanding sign shall not be lighted. 4. The dogs shall be housed inside the kennel between the hours of 7 p.m. and 7 a.m. AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None 5. There was a petition of Back Creek Enterprises, to obtain a Special Use Permit to operate a used automobile dealership, located at 6422 Bent Mountain Road, Windsor Hills District. Mr. Tim Beard, Roanoke County Planning, presented the Staff report for this petition. Mr. Thomason asked staff if the petitioner is suppose to get approval before he begins operating a vehicle sales establishment. Mr. Beard stated that yes a Permit is required and it is his understanding that the petitioner is not profiting from the sales since he is only allowing friends to sell their vehicles on the property. Mr. Thomason questioned if the width of the property is sufficient for buffering stipulated by VDOT. Mr. Beard stated it would be very close. Mr. Thomason asked if parking area is asphalt or gravel. Mr. Beard stated it is paved although the Poage Valley side of the road is dirt. Mr. Robinson asked staff if the petitioner is aware of the planted buffer. Mr. Beard stated it is part of the design standards. 7 Mr. Ross also questioned if the width of the property is sufficient for setbacks and buffering. Mr. Ross asked how the 6-8 cars would be situated on the property. Mr. Beard stated the petitioner has not submitted a site plan. Mr. Overstreet stated the property was an eyesore prior to his purchase of the property 5-6 years ago. He stated he allows friends to park their vehicles on his property to sell. He stated he does not profit from these sales. Staff reiterated to Mr. Overstreet that the sale of more than 2 vehicles from his property is a violation of the Roanoke County Zoning Ordinance. He stated he has filed the petition to enable him to sell cars for a profit during the winter months when his business diminishes. He showed a picture to the commissioners of his friends cars on his property. He stated if he has to follow design guidelines, the project will not be feasible. Mr. Ross asked if the petitioner could comply with the planting strip. He stated again it is unfeasible for him to comply with the planting strip. Mr. Ross asked the petitioner if he would like to withdraw his request. Mr. Overstreet said yes. Mr. Witt stated they appreciate the improvements he has made to the property. Mr. Overstreet stated 'evidently not.' Mr. Overstreet stated he did not see the difference between having 10 cars for sale and having 10 cars parked on the lot waiting for service. Mr. Witt explained it is a different use of the property. Mr. Overstreet asked if his friend could speak to the Planning Commission. Mr. Ross asked if he was going to withdraw his petition. Mr. Overstreet stated that he was re -considering withdrawing. Mr. Robinson expressed to the petitioner that he understands his frustration since the property is zoned C-2. Mr. Beard explained the surrounding zoning is AR and R-1. Mr. Tim Hash spoke in support of the petitioner. He stated the petitioner is a good businessman and has improved the area. He stated he has used this lot to sell his vehicles. He stated this is a 'mom and pop' type of business. Mr. Thomason then made the motion to make an unfavorable recommendation of the rezoning: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None Citizens Comments There were no citizen comments. Comments Mr. Murphy informed the Planning Commission that Mr. Overstreet may be in violation of state laws governing vehicle sales. Mr. Beard explained the zoning history of this portion of Route 221 , Mr. Witt and the other commissioners expressed appreciation to Mr. Ross for doing an excellent job, as the 2002 Planning Commission Chairman. Final Orders The petition of Sheree & James Ringer for a Special Use Permit for a home occupation in an accessory structure, located at 3564 Grandin Road, Windsor Hills Magisterial District was approved by the Board of Supervisors at the Public Hearing on November 19, 2002. 2. The petition of Larry G. & Ida Jane E. Conner to Rezone 16.255 acres from C-2 General Commercial District to R-1 Low Density Residential District for the purpose of constructing a single family dwelling, located in the 6000 block of Cove Road, Catawba Magisterial District was approved by the Board of Supervisors at the Public Hearing on November 19, 2002. There being no additional business, the meeting was adjourned at 9:20 p.m. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission El