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HomeMy WebLinkAbout8/7/2001 - MinutesROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 7, 2001 Present: Ms. Martha Hooker Mr. Don Witt Mr. Kyle Robinson Mr. John Murphy Mr. Tim Beard Mr. David Holladay Ms. Janet Scheid, Secretary Ms. Tammi Wood, Recording Secretary Absent; Mr. Al Thomason Mr. Todd Ross (present for Public Hearing) WORK SESSION: Session opened at 3:05pm by Mr. Don Witt. Approval of Agenda Mr. Don Witt moved to approve the agenda. Motion passed 3 -0. Approval of Minutes Mr. Don Witt moved to approve the July 3rd minutes. Motion passed 3 -0. Mr. Don Witt moved to approve the July 17 minutes. Motion passed 2 -0, with Ms. Hooker abstaining. Approval of Consent Agenda Mr. Kyle Robinson moved to approve the consent agenda. Motion passed 3 -0. Review of Revised Staff Report, Mr. Witt noted that the main reason for the revision request is to make it easier for staff to present the information including the Executive Summary at the hearing. Additional information will be given if the issue is controversial or if citizens need more information. Site Viewing The meeting was adjourned for site viewing at 3:20pm. PUBLIC HEARING: Mr. Todd Ross called the meeting to order at 7:03pm. Mr. Kyle Robinson gave the invocation and led the pledge of allegiance. 1. The petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG -3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. (Continued until the September Public Hearing at the request of the petitioner.) Mr. Kyle Robinson made the motion to continue the petition to the September 4, 2001 Public Hearing. The motion passed with the following vote: AYES: Hooker, Robinson, Ross, Witt NAYS: None ABSENT: Thomason 2. There was a continuance of the petition of the American Tower Corporation to obtain a Special Use Permit to construct a broadcast tower on 34.83 acres located on the Bent Mountain Substation, 8920 Willett Lane, Windsor Hills Magisterial District, Mr. John Murphy, Roanoke County Planning Staff, presented a review of the July presentation. Mr. John Walter, American Tower Corporation stated that the reason the Poor Mountain location was not used was due to the distance from the coverage area (Route 221 corridor) and that the area is already dotted with towers, all are television and radio broadcasting towers. There was also a concern regarding interference. Mr. Walter then addressed the additional information requests that were made at the last public hearing. The photo simulations were accurate, but he had misrepresented the AEP tower height as 80' when in actuality it is closer to 115'. Mr. Walter read from the National Park Service letter regarding the viewshed issues and distributed photos of from the Poor Mountain Overlook and the Mile Marker 131 areas. The RI= studies were presented and it was shown that the lower the tower the less coverage is provided and the co- locators reception would be compromised. Mr. Witt asked for justification for the 180' tower height request. Mr. Robinson expressed a concern regarding visual impact. Mr. Walter stated that he was asking Roanoke County to make provisions for upcoming new carriers in the area. Mr. Ross stated that he felt alternative heights needed to be submitted to the Planning Commission. One citizen spoke, Mr. Earl Spruill, 5250 12 O'Clock Knob Road, a 27- year resident of the area. He was concerned about the poor cell coverage on Route 221. His concerns also included lack of coverage to provide 0) assistance during auto breakdowns, weather related problems and general communication with others in the non - covered area. Mr, Don Witt agreed that there is a need for service along Bent Mountain Road but he stated that adequate service can be provided with a lower tower and the tower should not be located on the ridgeline. Mr. Don Witt made the motion to recommend denial of the petition for the following reasons: The broadcast tower is located at or near a ridgeline and is not consistent with the 1998 Roanoke County Community Plan. The construction of this broadcast tower does not promote the use of existing structures for the purpose of mounting communication antennae. The construction of this 180 -foot broadcast tower will be highly visible to areas well beyond the Bent Mountain Community. Mr. Witt is not convinced that the 180' height is needed. The motion to deny the petition failed with the following vote: SPECIAL USE PERMIT AYES: Hooker, Witt NAYS: Robinson, Ross ABSENT: Thomason 3. There was the petition of The Community of Faith to obtain a Special Use Permit for a religious facility on 1.033 acres located at 5343 Fallowater Lane, Cave Spring Magisterial District. Mr. John Murphy, Roanoke County Planning Staff, presented the petition for this request. Mr. Witt stated that the Economic Development Department is strongly opposed to the petition because commercial core areas near Tanglewood Mall are at a premium. He also questioned the amount of taxes businesses have paid in the past at that location. The amount of real estate taxes paid annually was confirmed to be $4,432 and the annual business license tax is $1100 (paid by the Gymnastics business). Mr. Natt stated that the zoning ordinance contemplated religious facility use with a Special Use Permit in C -2. Mr. Witt stated that the Comprehensive Plan discourages Religious Facility use in Core Areas. It was confirmed that the service charge fee in lieu of taxes is not new to Roanoke County, ex. Friendship Manor. Mr. Witt stated that he thought the building couldn't be used for much more than the requested use and that he would be willing to accept the contribution of a service fee in lieu of taxes at 80% of the annual tax from the petitioner. Mr. Witt then made the motion to recommend approval of the Special Use Permit with the condition that: The church will provide a service fee at 80% of its annual tax base (annual service fee). The motion to approve the Special Use Permit failed with the following vote: SPECIAL USE PERMIT AYES: Hooker, Witt, NAYS: Robinson, Ross ABSENT: Thomason 4. There was a petition of Hugh R. & Carolyn Elsea to obtain a Special Use Permit for a private horse stable on 2.99 acres and a 30 -foot right -of -way on adjoining parcel located at 3663 Chaparral Avenue, Cave Spring Magisterial District. Mr. David Holladay, Roanoke County Planning Staff, presented the petition for this request. Mr. Ed Natt represented the petitioner. Mr. Natt stated that in the R -1 zoning stables are a permitted use with a Special Use Permit. Mr. Natt referred to a binder which included a sequence of events leading to the petitioner keeping the horses on their land prior to receiving a Special Use Permit. Mr. Natt stated that the petitioner was aware that horses could not be kept on the property without the issuance of a Special Use Permit. It was also stated that the wire fence is not permanent and will be replaced based on the result of this petition. Mr. Natt stated that the adjoining Snowgoose Court area is elevated above the parcel and buffered by trees, there would be no known land value deterioration, the horses are rotated to prevent denuding of the land, waste removal is contracted out and performed twice weekly, and there is no known ground water infiltration. Mr. Witt asked what the temporary fence would be replaced with — it is unknown at the time. Ms. Hooker questioned how much of the land is actually pasture land — it was stated 1 1 /2 to 1 3 /4 total acres. It was confirmed that the petitioner plans to keep the horses on the site for approximately 8 months per year and they will not be housed there during the winter. Mr. Natt stated that when the petitioner bought the property, the realtor advertised the property as being appropriate for horses. It was confirmed that feed stations were available to the animals in addition to the grass. Several citizens spoke. Ms. Hurley Ward, Martins Creek Road, owner of 10 horses in the Penn Forest area, instructor of the petitioner's daughter, stated that horse care is very important in teaching responsibility to kids. ll Mr. Gary Atkinson, 4040 Snowgoose Circle, 30 -year resident of Penn Forest had the following concerns: Manure /Urine Odor most of the summer His property is closer to the petitioner's site than any other adjoiners Spread of disease Water run -off (Reference 1985 flood) Fence — requested natural wood — non - painted. Ms. Bonnie Dickerson, 3040 Treetop Lane, 18 year resident, says she has no problem with the horses, she has noticed no odor. Mr. John McCleary, 3671 Chaparral Lane, 2 year resident, adjoiner with a pool in yard, he has noticed no odor, no noise and is not worried about the water run -off. Mr. Christopher Lee, Bluebird Lane, Board of Directors of the Roanoke Valley Horseman Association. Mr. Lee stated that there is adequate pasture at the site and mentioned the manure pick -up contract. He stated that 1 -'/2 acres is adequate for these horses and that they need to be handled regularly and that riding could be done at other areas such as Green Hill Park. Mr. Witt asked if the requirement of 1 acre per horse is reasonable. Mr. Lee stated that per acre numbers were developed for situations where horses were surviving solely on pasture grass— but that the petitioner's horses diet was supplemented with grain and hay and they therefore need less acreage for grazing. Mr. Robert Hamblin, 4032 Snowgoose Circle, adjoiner behind parcel stated that the trees were a good buffer but he was concerned that those trees could be removed in the future. Mr. Ed Natt then addressed all the concerns of the citizens. The horses are fed 15 pounds of food per day, there is an interior fence so the animals will not be next to the adjoiners property, no structures are planned, there will be no removal of trees to reduce buffer, and there will be a review in one year. Mr. Kyle Robinson confirmed that the horses had been on the site for approximately 3 months. Some deciduous trees and pines are located on the property. There is slight denuding of the grassy areas. There is public water available. Mr. Witt stated that his concern is that this is a fairly dense residential area. Ms. Hooker had a concern that the pasture area of 1'/2 acres is too small for the number of horses on the property. Mr. Witt then made the motion to recommend denial of the Special Use Permit with the following conditions: ■ There shall be a maximum of two horses on the property. • There shall be a 50' setback on the northwest side (Snowgoose Court side). • There shall be Planning Commission Review of the Special Use Permit in one year. • The new fence shall be constructed of natural wood. • The waste shall be completely removed at a minimum of twice weekly. • The pastureland is divided into two areas and the animals shall be rotated. The motion passed with the following vote: AYES: Witt, Hooker, Ross NAYS: Robinson ABSENT: Thomason 4. There was a petition of Bowman Dalton, Inc. to Rezone 4.62 acres from C -1 Commercial Office District to R -3 Medium Density Multifamily Residential District for a development of Multifamily housing located at 3990 Challenger Drive, Hollins Magisterial District. Ms. Janet Scheid, Roanoke County Planning Staff, presented the petition for this request. Mr. Natt stated that his client was willing to leave the entirety of Challenger Road frontage zoned C -1 with the exception of the area necessary for the private access road but that he had made a commitment to the adjoining neighbors that this area would be rezoned residential. Mr. Ross questioned the location of the stormwater management area. Mr. Natt stated that if the private road entrance needs to be moved to the east, the stormwater management would also need to be relocated. Mr. Ross stated that the residential development was a good transition between a commercial area and church but he expressed concern that as proposed, the development was removing highway frontage from commercial zoning. Mr. Ross then made the motion to deny the rezoning request. It failed with the following vote: AYES: Ross NAYS: Hooker, Robinson, Witt ABSENT: Thomason Mr. Witt made a motion to reconsider. It passed with the following vote: AYES: Witt, Ross, Hooker, Robinson NAYS: None ABSENT: Thomason 2 Mr. Don Witt made a motion to approve the petition with the following proffers: The subject property will be developed in substantial conformity with the "Plat Showing Rezoning Exhibit, Property of Robert L. Metz and Reba S. Metz," prepared by Lumsden Associates, P.C. under date of June 11, 2001. The Common Area between the "Area to Remain C -1" and the access road shall remain C -1. The C -1 and R -3 property shall share a common access road. The motion passed with the following vote: AYES: Hooker, Robinson, Ross, Witt NAYS: None ABSENT: Thomason 5. There was a petition of RA -DE Div., Ltd. T/A Perfect Touch to Rezone 1.13 acres from C -1 Office District with conditions to C -1 Office District located at 5681 Starkey Road, Cave Spring Magisterial District. Ms, Janet Scheid, Roanoke County Planning, presented the Staff Report for this petition. Mr. Witt asked which of the current proffers were previous conditions. Ms. Scheid stated that #2, 3, and the first sentence of #4. Mr. Witt moved to approve the request with the following proffers: • Notwithstanding the petitioner's current request, the existing house structure is limited to future enlargement not to exceed 100 square feet and shall be built behind the front line of the existing house. • Signage shall be limited to 24 square feet, 5 feet in height. Monument style sign shall be required. • The cinder block garage to the rear of the existing dwelling shall be used only in connection with the operation of the business on the property and shall not be leased to an outside business. • All on -site parking shall occur to the rear of the front line of the existing house. If petitioners chose to construct additional parking, that parking shall be constructed of a pervious surface. • Landscaping, to provide a visual buffer, between the existing parking lot and Starkey Road shall be planted. Landscaping shall include at a minimum 1 -2 Leyland Cyprus or other evergreen type tree, not to include white pine, and 3 -4 deciduous or evergreen bushes planted along the eastern side of the parking lot. 7 The motion passed with the following vote: AYES: Hooker, Robinson, Ross, Witt NAYS: None ABSENT: Thomason Citizens Comments There were no citizen comments. Comments The Planning Commission Work Session scheduled for August 21, 2001 will include a rough draft of the Mountain Protection Ordinance and the second draft of the Screening and Landscaping Ordinance. Final Orders 1. The petition of the American Tower Corporation to obtain a Special Use Permit to construct a broadcast tower on 34.83 acres located on the Bent Mountain Substation, 8920 Willett Lane, Windsor Hills Magisterial District was continued for 30 days by the Planning Commission at the Public Hearing on July 3, 2001. 2. The petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres located on 3608 Pitzer Road, SE, Vinton Magisterial District was withdrawn by the applicant and a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG -3, Agricultural to AR, Agricultural Residential was applied for by the applicant at the BOS Work Session on July 10, 2001. 3. The petition of Paychecks Plus to obtain a Special Use Permit and Rezoning from C1 -C to C1 -C to construct two offices on the back of the existing building and expand the parking lot on .5 acres located at 3716 Colonial Avenue, Cave Spring Magisterial District was approved by the Board of Supervisors at the Public Hearing on July 24, 2001. 4. The petition of Craw -Mart, Inc. to obtain a Special Use Permit for a New Convenience Store and gasoline station on .873 acres located at 5944 Catawba Valley Drive, Catawba Magisterial District was approved by the Board of Supervisors at the Public Hearing on July 24, 2001. 5. The petition of Caldwell White Associates to obtain a Special Use Permit to construct a cluster subdivision on 14.25 acres located between Merriman Road and Crystal Creek Drive and 600' west of Cartwright Drive, Cave Springs Magisterial District was withdrawn by the applicant on July 16, 2001. 6. The petition of Play It Again Sports to obtain a Special Use Permit for a retail store on .601 acres located at 4347 Valley Avenue, Cave Spring Magisterial District was approved by the Board of Supervisors at the Public Hearing on July 24, 2001. There being no additional business, the meeting was adjourned at 9:57pm. Respectfully Submitted, Approved: Secretary, Roanoke County Planning Commission 9