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HomeMy WebLinkAbout9/2/2014 - Packet County of Roanoke PLANNING COMMISSION Ms. Martha Hooker, ChairmanCatawba District Mr. Gene Marrano, Vice-ChairmanCave Spring District Mr. Wayne BowerHollins District Mr. Rick JamesVinton District Mr. Jim WoltzWindsor Hills District AGENDA TUESDAY,SEPTEMBER 2, 2014 PUBLIC HEARING: 7:00 P.M. BOARD MEETING ROOM EVENING SESSION A.Call to Order B.Invocation/Pledge of Allegiance: Ms. Martha Hooker C.Approval of Agenda D.Approval of Minutes: August 5, 2014 August 19, 2014 E.Consent Agenda:October 7, 2014 F.Public Hearing Petitions: 1. The petition of Ibnsina Karkenny to obtain a special use permit to expand the square footage of an existing convenience store by 10 percent or greater in a AV, Agricultural/Village Center, District, on approximately 1.15 acres, located at 2938 Jae Valley Road, Vinton Magisterial District. 2. The petition of Tracy Bryant to amend special use permit conditions to operate a garden center in a AVS, Agricultural/Village Center, District with a special use permit on a 0.763–acre portion of an approximately 1.94-acre parcel, located at 7796 Bent Mountain Road, Windsor Hills MagisterialDistrict. The amended conditions would allow for the addition of a propane filling station to the existing garden center. G.Final Orders H.Citizens’ Comments I.Comments of PlanningCommissioners and Planning Staff J.Adjournment PO Box 29800, Roanoke, VA 24018 * Phone (540) 772-2068 * Fax (540) 776-7155 County of Roanoke PLANNING COMMISSION PUBLIC HEARING MINUTES AUGUST 5,2014 CommissionersPresent: Ms. Martha Hooker Mr. Gary Jarrell Mr. Gene Marrano Mr. Jim Woltz Commissioners Absent: Mr. Rick James Staff Present: Mr. Philip Thompson Mr.Ruth Ellen Kuhnel, County Attorney Mr. David Holladay Ms. Tammi Wood Ms. Susan McCoy, Recording Secretary Call to Order Ms. Hookercalled the meetingto order at 4:07p.m. Approval of Agenda Mr.Marrano made a motion to approve the agenda, which passed 4-0. Approval of Minutes Mr.Woltzmade a motion to approve the minutes ofJuly 15, 2014,whichpassed 4-0. Consent Agenda Ms. Wood provided an overview of the Ibnsina Karkenny petition, includingabrief history of the property, current zoning, and future land use designation.Mr. Thompson, Ms. Wood, and the Commissioners discussed theproposedconcept plan, including expansion of storage space and setback requirements. Mr. Thompsonprovided an overviewof the Tracy Bryant petition including a brief history, current zoning, and future land use designation.Mr. Thompsonand the Commissioners discussed the proposed condition regarding allowing a propane filing station on the property.They discussed the topographical issues and floodplain areas of the site. Mr. Bowermadea motion to approve the consent agenda, which passed 4-0. Citizen Comments There were none. Page 1of 2 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 5,2014 Commissioners’ and Staff Comments Mr. Thompson and the Commissioners reviewed upcoming meetings and events. Mr. Thompsonprovided Mr. Woltzand Mr. Bower an itinerary for the upcoming Certified Planning CommissionerProgramwhich they will be attending. Mr. Thompson reminded the newly appointed and reappointed Commissioners to contact the Clerk of the Circuit Court regarding taking theoath of office. Mr. Thompson and Ms. Wood reviewed information regarding current Residential Chicken Keeping regulations. Ms. Wood provided a brief descriptionof the properties which would be on the site visit, noting all properties are R-1 zoning and within the County.Mr. Thompson and the Commissioners discussed developing a sliding scale regarding allowable chickens based on acreage. Ms. Kuhnel discussed current State regulations regarding the purchase of chickens.Mr. Thompson and the Commissioners briefly discussed regulating setbacks and placement of chicken coops. Ms. Hooker adjourned the meeting for Residential Chicken Keeping site visitsat4:37 p.m. The Planning Commissioners and staff visited four residential sites located at 3312 Pamilco Drive, 4101 Snowbird Circle, 2121 Cantle Lane, and 3536 Lanewood Drive, and then returned to the Roanoke County Administration Center. With no further business or comments, Ms.Hookeradjourned the meeting at6:15p.m. Respectfully Submitted: ________________________________ Susan McCoy Recording Secretary, Roanoke County Planning Commission ________________________________ Philip Thompson Secretary, Roanoke County Planning Commission ________________________________ Martha Hooker, Chairman, Roanoke County Planning Commission Page 2of 2 County of Roanoke PLANNING COMMISSION WORK SESSION MINUTES AUGUST 19, 2014 CommissionersPresent: Mr. Wayne Bower Ms. Martha Hooker Mr. Rick James Mr. Gene Marrano Commissioners Absent: Mr. Jim Woltz Staff Present: Mr.Philip Thompson,Secretary Ms. Megan Cronise Ms. Mary Zirkle Ms. Becky James Ms. Susan McCoy, Recording Secretary Call to Order Ms.Hookercalled the meeting to order at6:00p.m. Approval of Agenda Mr.Marranomade a motion to approve the agenda, which passed 4-0. Commercial Matching Grant Program Ms. Cronise provided a PowerPoint presentation, including the purposeof the program, eligible site improvements, funding, and eligible applicants. Ms. Cronise and the Commissioners discussed developing guidelines for each planning area. Ms. Cronise stated that the Town of Vinton has a program for properties within the town. Ms. Croniseand the Commissioners discussed the Richfield Retirement Project, including the entrance, fencing, signage, landscaping, and project cost.She and the Commissioners discussed other businesses which are interested in participating in the grant program.She stated digital signage design guidelinesneed to be developed. She noted unused matching grant fundsrollover yearly andcontinue to accrueover time.Mr. Thompson, Ms. Cronise, and the Commissioners discussed various corridors which could potentially benefit from the program. 2005 Comprehensive PlanReview Mr. Thompson provided a PowerPoint presentation, including an overview and history of the Plan. He stated the County is comprised of eleven planning areas,notingBonsack and Vinton are combined to formone planning area.He discussed Community, Corridor,and Area Plans which have been adopted by the Board of Supervisors as part of the Comprehensive Plan, including Route 220 Corridor Study, Mount Pleasant Page 1of 3 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 19,2014 Community Plan, Hollins Area Plan, Route 221 Area Plan, Vinton Area Corridors Plan andGlenvar Community Plan.Mr. Thompson and the Commissioners discussed the development of the vision statements including community facilities, land use, and resource preservation.Mr. Thompson stated Community Planning AreaPlanswill also be reviewed and updated during the process which will include community meetings to acquire citizen input. Mr. Thompson reviewed Chapter 1 –Introduction, including legal requirements, planning process, plan updates, and plan amendments. He discussed landuse and rezoning history, noting amendments would be made during the review of these issues if needed. Mr. Thompson discussedChapter 2 -Vision Statements, including visioning process, community-wide themes, focus group statements, and vision statement issues. He reviewed the 1998 Visioning Process including county-wide themes such as, regionalism, sustainability, community identity, scenic beauty, and quality of life. Mr. Thompson and the Commissioners discussed focus group statements, including goals, objectives, and strategies. Mr. Thompsonand the Commissioners discussed basing each planning area visioning statementon the characteristics of that area.They discussed planning considerations,including establishing the planning horizon year as 2040, looking back to 1990, and basing implementation strategies ona10year window. Mr. Thompson and the Commissioners reviewed the Focus Group Vision Statements, including agriculture and forestry, economic development and tourism, government relations, growth management and planning, housing, public education, recreation and culture, resource andpreservation, technology and communication, and transportation. They discussed some issues within economic development and tourism may need to be in resource preservation. Mr. Thompson and the Commissioners discussed shortening the vision statements andadding goals, objectives, and strategies. Mr. Thompson noted all statements point back to five community wide themes. Mr. Thompson,staff,and the Commissioners discussed the timeline for the development of the plan. The Commissioners voted unanimously to use 2040 as the planning horizon year. Citizens’Comments There were none. Other Comments Mr. Thompson and the Commissioners discussed accessing electronic packets. With no further business or comments, Ms.Hookeradjourned the meeting at8:00p.m. Page 2of 3 ROANOKE COUNTY PLANNING COMMISSION MINUTES AUGUST 19,2014 Respectfully Submitted: ________________________________ Susan McCoy Recording Secretary, Roanoke County Planning Commission ________________________________ Philip Thompson Secretary, Roanoke County Planning Commission Approved: ________________________________ Martha Hooker Chairman, Roanoke County Planning Commission Page 3of 3 STAFF REPORT Petitioner: Ibnsina Karkenny Request: To obtain a special use permit to expand the square footage of an existing convenience store by 10 percent or greater in a AV, Agricultural/Village Center, District, on approximately 1.15 acres Location: 2938 Jae Valley Road Magisterial District: Vinton EXECUTIVE SUMMARY: Ibnsina Karkenny is seeking a special use permit for a ten percent or greater expansion (1,221 square feet) to the existing 1,520 square foot Convenience Store on an approximately 1.15 acre parcel located at 2938 Jae Valley Road. This expansion will result in the convenience store total square footage for the site of approximately 2,740 square feet. This site is located in the AV, Agricultural/Village Center zoning district and is designated as Suburban Village on the future land use map of the Roanoke County Comprehensive Plan. The Suburban Village land use designation is where generally lower intensity commercial, institutional and residential growth exists. Land Use Types for this designation include services supporting the agricultural community, small scale community and regional attractions providing recreation, suburban densities of up to six units per acre, and convenience retail establishments supplying limited goods and services to village residents. Additional businesses are encouraged that focus on ecotourism supply for niche outdoor markets. Land Use Determinants are locations where low to middle density residential, institutional and commercial uses are established, on the fringe of the urban service area, and served by an arterial highway with a well-defined secondary street. Physical land characteristics, primarily topography provide suburban development opportunities and utility are in close proximity to the urban service area where expansion of these services is expected. 1. APPLICABLE REGULATIONS Section 30-23-2(F) of the County Zoning Ordinance states: Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (F) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of a special use permit shall be required, in accordance with section 30-19, when either of the conditions below are present, in the opinion of the zoning administrator. a. There is a ten (10) percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or b. The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely affect surrounding properties. c. This section shall not apply to broadcasting towers and associated antenna allowed by right 1 as set forth in section 30-87-2(B). In the AV zoning district, a Convenience Store is permitted only with a special use permit. eded goods for household consumption, such as prepackaged or prepared food and beverages, and limited household supplies and hardware. This use may include fuel pumps and/or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. There are several use and design standards for the Convenience Store use. These standards include limited sale of foods prepared on site, regulations regarding the exterior display of merchandise, and prohibition of the display of veh thousand (3,000) square feet of gross floor area. A Type C buffer is required on the site along the residential use property line and will be required on the site along the area where the addition is constructed and a depiction of the Type C buffer yard is included in the Attachments section of this staff report Roanoke County site development and building permit reviews will be required. 2. ANALYSIS OF EXISTING CONDITIONS Background The existing 1,520 square foot structure on the site was built as a convenience store in approximately 1972. The Karkenny family purchased the property in August 2004 and have owned and operated the store until the present time. County records indicate that since the Karkenny family has owned the property, there have been two permits issued for this business including upgrading the fuel tanks and installing new canopy signage on the site. Topography/Vegetation The majority of the segment of the site fronting Jae Valley Road is an asphalt parking lot, fueling area canopy area, tank and dumpster areas, and the existing business structure. The remaining area of the site is a relatively flat, grassy area surrounded on the eastern and southern perimeter by mature trees, a seasonal watercourse and some mature brush. Surrounding Neighborhood All properties surrounding this site and on both sides of Jae Valley Road are zoned AV, Agricultural/Village Center zoning district. The subject site and the properties on the eastern side of Jae Valley Road in this vicinity are designated Suburban Village Future Land Use and the properties on the western side of Jae Valley Road in the vicinity of the subject site are designated Neighborhood Conservation Future Land Use. A modular metal commercial building is located on the parcel immediately north of the site and the Mount Pleasant Library is located on the parcel adjoining the site on the northeastern section of the property line. There is a single family residence on the eastern side of the site and an undeveloped paper street (Rainelle Street) located along the southern property line. Across Jae Valley Road on the western side is the Brookfield residential subdivision and the parcels bordering to the north of the subdivision are the location of the Mount Pleasant Fire and Rescue building. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture The existing 1,520 square foot, white aluminum and vinyl exterior building on the site was built as a convenience store in approximately 1972 and is located on the northwestern area of the site. This building is one story with an overhang located on the front and a partial side of the building. The area surrounding the building on the western and southern sides is asphalt and areas on the northern and eastern sides are grassy. There are two pumps with a canopy covering both pumps located south of the building. There are two gasoline pumps covered by a canopy on the southern area of the site and a partially screened area where a propane gas tank and a dumpster with no screening are located. This site has three 2 curbed access points from Jae Valley Road but the parking area in not curbed. There are two freestanding signs on the site, one is a wooden two- The canopy the sides. There are no attached signs located on the building that are visible from the right-of-way. Outside Agency Comments The Roanoke County Zoning Administrator, Building Safety, Economic Development, and Stormwater Management departments reviewed the application and stated there were no comments or objections to this proposed convenience store expansion. Roanoke County Schools and the Western Virginia Water Authority also stated there were no comments or objections. The County Fire and Rescue department review stated The Virginia Department of Transportation (VDOT) review comments stated that the application was unclear concerning the use of the proposed addition. The VDOT review stated that the expansion of the existing of the existing entrances. The review then stated that if the proposed addition is intended for another use, such as a restaurant/fast food or something similar in nature, then improvements to the layout of the existing entrances would be required and would be at the sole responsibility of the developer. The review comments also stated that the VDOT Road Design Manual must be adhered to where applicable for commercial entrances including but not limited to commercial entrance spacing and intersection sight distance. A Land Use Permit will also be required for any proposed construction within VDOT rights-of-way and any changes to the existing drainage system should be included in the review. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This area of Jae Valley Road and this site are both identified as part of the Suburban Village Future Land Use designation. The Suburban Village future land use designated areas are areas where environmental, building and site design innovation is utilized. This Future Land Use designation is located in areas where the following is applicable: Established low to middle density residential, institutional and commercial uses On the fringe of the urban service area, Served by an arterial highway with a well-defined secondary street and Where utility services are in close proximity to the urban service area and where expansion of these services is expected. Land Use Types for this designation include: Services supporting the agricultural community, Small scale community and regional attractions providing recreation, Suburban densities of up to six units per acre, and Convenience retail establishments supplying limited goods and services to village residents. 5.STAFF CONCLUSIONS This application is for the expansion of an existing convenience store business which has been in existence since 1972. It is zoned Agricultural/Village Center and in the Purpose section of this zoning district, uses are 3 listed restaurants, and similar small service and personal service businesses. There is a three thousand square feet (3,000) gross floor area maximum in this zoning district. The Suburban Village Future Land Use designation lists desirable uses such as low to medium residential, institutional and commercial uses that are currently established and are served by an arterial highway. These desirable use types are represented in the vicinity of this site. The immediate Jae Valley Road area surrounding this site consists of generally flat topography with some sloped areas around the interior property borders and it is in close proximity to public utility services which either currently exist or are in the proximity to proposed urban service area utility expansion. CASE NUMBER: 7-9/2014 PREPARED BY: Tammi Wood HEARING DATES: PC: 9/2/2014 BOS: 9/23/2014 ATTACHMENTS: Application Aerial Map Zoning Map Future Land Use Map Site Photos Various Applicable Zoning Ordinance Sections Section 30-23-2 Section 30-36 AV Agricultural Village Center District Section 30-85-13 Convenience Store Use & Design Standards Type C Buffer Yard Illustration Design Guidelines 4 Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two (2) years, or; 2. The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or; 3. The buildings or structures containing the nonconforming use are maintained in their then structural condition. (B) No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance, with the exception that an existing, nonconforming, single-family residential structure and use in a commercial or industrial zoning district shall be allowed a 50 percent increase (either one time or cumulative) in the square footage of the use or structure in existence at the time of the adoption of this ordinance. (C) No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this ordinance. (D) No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land. (E) Where nonconforming use status applies to a building or structure, removal of the building or structure shall eliminate the nonconforming status of the building or structure or land. (F) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of a special use permit shall be required, in accordance with section 30-19, when either of the conditions below are present, in the opinion of the zoning administrator. a. There is a ten (10) percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or b. The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely affect surrounding properties. c. This section shall not apply to broadcasting towers and associated antenna allowed by right as set forth in section 30-87-2(B). (G) A manufactured home park legally established prior to June 1, 1986 that is not designated with the R-MH overlay district shall be allowed to continue operation in conformance with the provisions contained in section 30-82-9(L) provided the use as a park has not been discontinued for a period of more than two (2) years. (H) Notwithstanding (A) through (G) above, a nonconforming manufactured home existing on an individual lot of record that has served as an active dwelling for at least six (6) months may be replaced with another manufactured home provided: (1) The replacement home is installed on the lot within two (2) years of the removal of the home to be replaced, and; (2) The replacement home is installed in approximately the same location on the lot, and is installed to comply with the district setback regulations for principal structures, and; (3) The installation of the replacement home complies with the use and design standards for manufactured homes contained in section 30-82-5(B). (I) If a non-conforming residential or commercial building or structure is damaged or destroyed by a natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced to eliminate or reduce the non-conforming features to the extent possible without the need to obtain a variance. If such building or structure is damaged greater than 50% and cannot be repaired, rebuilt or replaced except to restore it to its original non-conforming condition, then the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building or structure shall be in compliance with the Uniform Statewide Building Code and the County's floodplain regulations. Unless such building or structure is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of this ordinance. If the non-conforming building is in an area under federal disaster declaration and it has been damaged or destroyed as of a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two years to repair, rebuild or replace the building or structure. (Ord. No. 62293-12, § 1, 6-22-93; Ord. No. 42694-12, § 1, 4-26-94; Ord. No. 82394-10, § 1, 8- 23-94; Ord. No. 62795-10, § 1, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111301-11, § 1, 11-13-01; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 101210-4, § 1, 10-12-10; Ord. No. 052411-9, § 1, 5-24-11) AV District Regulations SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Sec. 30-36-1. Purpose. (A) The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799-11, §§ 1f., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * 1 AV District Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Attached * Single-Family Dwelling, Detached Two-Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Religious Assembly * Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions * General Office * 2 AV District Regulations Medical Office * 5. Commercial Uses Agricultural Services * Antique Shops * Bed and Breakfast * Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General * Studio, Fine Arts Veterinary Hospital/Clinic 6. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial * 2. Residential Uses Alternative Discharging Sewage Systems * Multi-family Dwelling * Townhouse * 3. Civic Uses 3 AV District Regulations Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Utility Services, Major * 4. Commercial Uses Automobile Repair Services, Minor * Automobile Parts/Supply, Retail * Boarding House Business Support Services Commercial Outdoor Sports and Recreation Construction Sales and Services * Convenience Store * Equipment Sales and Rental * Fuel Center* Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * Mini-warehouse * Restaurant, Drive-in or Fast Food * 4 AV District Regulations Retail Sales * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 5 AV District Regulations 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 6 Use & Design Standards Commercial Uses Sec. 30-85-13. Convenience Store. (A) General standards: 1. Limited sale of foods prepared on the premises may be allowed provided no more than twenty (20) percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant. 2. Exterior display of merchandise for sale is allowed under the following conditions: a. On a paved walkway within three (3) feet of the building. b. Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas. 3. The display of vehicles "for sale" is prohibited. (B) Additional standards in the NC district: 1. No convenience store shall exceed two thousand (2,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. (C) Additional standards in the AV district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. (D) Additional standards in the EP district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. Where adjoining a residential or civic use type, a minimum one hundred-foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. 1 #§ ¯³¤±ΕȀ, ­£²¢ ¯¨­¦ &¨¦´±¤ΑȁΑΒ4¸¯¤#"´¥¥¤± wƚğƓƚƉĻ/ƚǒƓƷǤ5ĻƭźŭƓIğƓķĬƚƚƉ STAFF REPORT Petitioner: Tracy Bryant Request: To amend existing special use permit conditions to allow for the addition of a propane filling station for an existing garden center use. This portion of the property is currently zoned AVS, Agricultural/Village Center District, with special use permit. Location: 7796 Bent Mountain Road Magisterial District: Windsor Hills Existing Conditions: 1. The ten-foot planning strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted every ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. 2. There shall be no sale or storage of fertilizers, pesticides or petroleum products on site. 3. As part of site plan review the limits of the FEMA designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. 4. No equipment or products shall be stored in the FEMA designed flood way. 5. As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored from encroaching into the FEMA flood way. 6. No temporary portable signs may be used on the property. 7. Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than 28 square feet of copy area. 8. There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. 9. There shall be no wholesale distribution or sale of products from the site. EXECUTIVE SUMMARY: Tracy Bryant proposes to add a propane filling station, 16 feet in length and 4 feet in diameter, to the existing garden center use at 7796 Bent Mountain Road. The business, Back Creek Mulch and Topsoil, has been in operation since 2001. The existing garden center use is currently zoned AVS, Agricultural/Village Center District with special use permit. There are nine existing conditions associated with the garden center use. Mr. Bryant is requesting to amend two of those conditions. Those two conditions prohibit the sale of propane as currently approved. It is anticipated that the proposed propane filling station will have a minimal impact on the surrounding neighborhood. The proposed use meets the requirements of the Roanoke County Zoning Ordinance and conforms to the Roanoke County Comprehensive Plan. 1 1. APPLICABLE REGULATIONS Section 30-29-5 of the Roanoke County Zoning Ordinance defines a garden centerestablishments or places of business primarily engages in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses included nurseries, plant stores and lawn and garden centers. A garden center use is allowed in the AV zoning district with a special use permit per Section 30-36-2(B) 4. Section 30-85-15 provides use and design standards for a garden center as follows: (A)General Standards: 1. A ten-foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one (1) large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such plantings shall otherwise comply with the landscaping requirements contained in Section 30-92 2.The storage and/or display of goods and materials in the planning strip required above shall be prohibited. (B) Additional standards in the AV district: 1. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. Roanoke County building permit review shall be required, including Fire Marshal review. No new buildings or additional changes to the site are proposed. 2. ANALYSIS OF EXISTING CONDITIONS Background The property, 7796 Bent Mountain, is split zoned: AVS, Agricultural/Village Center District, with special use permit and AR, Agricultural/Residential District. The existing garden center use (Back Creek Mulch and Topsoil) operates on the front portion of the property, adjacent to Bent Mountain Road. upy the single- family dwelling on the property. Tracy Bryant rezoned the front portion (0.763 acre) of the 1.94 acre tract in 2001 from AR to AV and obtained a special use permit to operate a garden center use. The following conditions were imposed with the approval: 1.The ten-foot planning strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted every ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. 2.There shall be no sale or storage of fertilizers, pesticides or petroleum products on site. 3.As part of site plan review the limits of the FEMA designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. 4.No equipment or products shall be stored in the FEMA designed flood way. 5.As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored from encroaching into the FEMA flood way. 6.No temporary portable signs may be used on the property. 2 7. Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than 28 square feet of copy area. 8.There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. 9.There shall be no wholesale distribution or sale of products from the site. Topography/Vegetation The property is located on the lower side of Bent Mountain Road. The front of the parcel, zoned AVS, is generally flat and situated between Martins Creek on the southeast and Back Creek to the south. The majority of this portion of the parcel has been cleared of vegetation, but the north and south sides have some mature vegetation that acts as a buffer to the adjacent properties. A large portion of the parcel is within the FEMA 100-year floodway and floodplain. Surrounding Neighborhood The surrounding adjoining properties are zoned AR, Agricultural/Residential District and AV, Agricultural Village Center District The surrounding AR and AV zoned parcels are all single- family dwellings or vacant parcels. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture There is an existing gravel road from Bent Mountain Road to the rear of the property, which is the portion zoned AR. The residential use consists of a one-story dwelling, cabin and garage. The existing garden center use occupies the front of the parcel, zoned AVS. There are currently several areas of bulk storage for mulch and topsoil on the level area adjacent to Bent Mountain Road. There are no structures on this portion of the property. There is an existing sign and access for the garden center use. The AR zoned portion of the property is not used in conjunction with Back Creek Mulch and Topsoil. The applicant is proposing to add a propane filling station to the existing garden center use. As a result of the 2001 rezoning and special use permit request, conditions were imposed that prohibited the sale or storage of petroleum products. A concept plan has been submitted showing the location of the propane filling station and all the required regulations. The tank will be sixteen feet in length and four feet in diameter. There is a locking cabinet located at one end of the tank that houses a hose and pump. The cabinet is four feet in length and four feet in width and four and half feet in height. The tank and cabinet will be surrounded by eight concrete bollards, five feet tall and eight inches in diameter. The tank will sit on a six foot by eighteen foot concrete pad. No additional signage is proposed on the site. Access/Traffic Circulation The subject parcel is accessed from Bent Mountain Road via an existing entrance that currently serves the existing garden center and residential use. The Virginia Department of Transportation had no comments on this request. Fire & Rescue/Utilities s: 1.The water gallon capacity of the tank is not listed. The tank is only listed as a 16 foot long by 4 foot wide tank. If the tank is between the size of 125 to 1,200 water gallons, then it needs to be installed at least 10 feet from buildings, public ways, or lot lines of adjoining properties. If the tank is between 1,201 to 2,000 water gallons, it needs to be installed at least 25 feet away from a building, public way or lot line. 2.LP gas equipment shall be installed in accordance to the Fuel Gas Code, NFPA 58, and the Virginia Statewide Prevention Code (SFPC). 3.be allowed within 25 feet of a point of transfer, while filling operations are in progress. 3 4. Weeds, grass, brush, trash and other combustible materials shall be kept a minimum of 10 feet from LP containers. 5.If the tank has the possibility of being exposed to vehicle damage, approved vehicle impact protection needs to be provided. 6.A minimum of an 18 pound dry chemical fire extinguisher with a B:C rating shall be provided. These requirements will be addressed during the Building Permit Review process. Economic Development - No objections to this request. Building Safety The Virginia Statewide Fire Prevention Code requires minimum separation between the proposed tank and buildings, public ways or lot lines of adjoining properties. This requirement will be addressed during the Building Permit Review process. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is designated Village Center on the future land use map of the Roanoke County Comprehensive Plan. A future land use area which serves as the commercial and institutional focal point of surrounding rural residential and farming establishments. By nature, the majority of commercial and institutional activities in Village Center areas are designed, scaled and marketed to best serve the product and service needs of the residents from the surrounding rural areas. Acceptable land use types include single-family residential, establishments that provide retail goods and services to the surrounding village residents, schools, religious assembly facilities and small scale agricultural productions and services. 5.STAFF CONCLUSIONS It is anticipated that the proposed amended garden center use will have a minimal impact on the surrounding neighborhood. The proposed use meets the requirements of the Roanoke County Zoning Ordinance and conforms to the Roanoke County Comprehensive Plan. If the Planning Commission chooses to recommend approval of this petition staff suggests the following amended conditions, remaining existing conditions will remain as is: 2. There shall be no sale or storage of fertilizers or pesticides on the site. The sale or storage of petroleum products on site shall be limited to the propane filling station. 9. There shall be no wholesale distribution from the site. CASE NUMBER: 8-9/2014 PREPARED BY: Rebecca M. James HEARING DATES: PC: 9/2/2014 BOS: 9/23/2014 ATTACHEMENTS: Application Ordinance 022701-12 Aerial Map Zoning Map Land Use Map Photos AV District Standards Garden Center Use and Design Standards 4 AV District Regulations SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Sec. 30-36-1. Purpose. (A) The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799-11, §§ 1f., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * 1 AV District Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Attached * Single-Family Dwelling, Detached Two-Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Religious Assembly * Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions * General Office * 2 AV District Regulations Medical Office * 5. Commercial Uses Agricultural Services * Antique Shops * Bed and Breakfast * Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General * Studio, Fine Arts Veterinary Hospital/Clinic 6. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial * 2. Residential Uses Alternative Discharging Sewage Systems * Multi-family Dwelling * Townhouse * 3. Civic Uses 3 AV District Regulations Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Utility Services, Major * 4. Commercial Uses Automobile Repair Services, Minor * Automobile Parts/Supply, Retail * Boarding House Business Support Services Commercial Outdoor Sports and Recreation Construction Sales and Services * Convenience Store * Equipment Sales and Rental * Fuel Center* Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * Mini-warehouse * Restaurant, Drive-in or Fast Food * 4 AV District Regulations Retail Sales * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 5 AV District Regulations 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 6 Use & Design Standards Commercial Uses Sec. 30-85-15. Garden Center. (A) General standards: 1. A ten-foot planting strip shall be provided adjacent to any public street right-of- way. Within this planting strip, one (1) large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such plantings shall otherwise comply with the landscaping requirements contained in section 30-92 2. The storage and/or display of goods and materials in the planting strip required above shall be prohibited. (B) Additional standards in the AV district: 1. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. (Ord. No. 042208-16, § 1, 4-22-08) 1