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HomeMy WebLinkAbout2/3/2015 - Minutes� =1=1=1111 Mr. Wayne Bower Ms. Martha Hooker Mr. Rick James Mr. Genie Marrano Mr. Jim Woltz (arrived after approval of minutes) Staff Present: Mr. Philip Thompson Mr. Ruth Ellen Kuhnel, Senior Assistant County Attorney Mr. John Murphy Ms. Megan Cronise (afternoon session only) Ms,. Tammii Wood Ms. Tara Pattisall Ms. Becky James (evening session only) M'r. Brian Hughes Ms. Susan McCoy, Recording Secretary Work Session Mr. Marrano called the meeting to order at 4:02 p.m. Approval of Agenda Ms. Hooker made a motion to approve the agenda, which passed 4-0. Approval of Minutes Mr. James made a motion to approve the minutes of January 6:, 2015„ which passed 4- 0. Mr. Bower made a motion to approve the minutes of January 20, 2015, which passed 3-0-1, with Ms. Hooker abstaining. Consent Agenda, Ms. Pattisall provided an overview of the Fountain Head Land Company, LLC petition, including proposed changes to existing Masterplan. Ms. Pattisall and the Commissioners discussed proposed amendments regarding lighting height, housing square footage, and property access, and speed limit changes on Pitzer Road. Mr. Thompson, Ms. Pattisall and the Commissioners discussed the history of the development and sight distance requirements., Ms. Wood provided an overview of the Nexstar Broadcasting, Inc. petition, including current zoning, surrounding zoning, and fuiture land use designation of the area. She reviewed the concept plan, including existing buildings:, parking, and antenna locations. Mr. Thompson, Ms. Wood, and the Commissioners discussed possible frequency interference with airport, allowable uses in industrial and commercial districts, and Page 1 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2015 proposed number of employees. They also discussed requesting proffered conditions from the petitioner. Mr. Bower made a motion to approve the consent agenda, which passed 5-0 Citizen Comments There were none. Commissioners' and Staff Comments Mr. Thompson discussed an incomplete application which was received for a convenience store. He stated he will provide an update to the Commissioners when more information is received. Mr. Thompson, Ms. Kuhnel, and the Commissioners discussed hiring a technical expert to review the Morgan Ventures application. They discussed adding a required fee for applications involving advanced technology for analysis by an expert. Mr. Thompson and the Commissioners discussed viewshed maps. They also discussed additional reports previously requested from the applicant which have not been received by staff. Ms. Wood and the Commissioners discussed the Comprehensive Plan and the Bonsack area. Mr. Marrano adjourned the meeting for dinner at 4:59 p.m. EVENING SESSION Mr. Marrano called the Public Hearing to order at 7:01 p.m. Ms. Hooker gave the invocation and led the pledge of allegiance. The petition of Sheldon Henderson to rezone approximately 90 acres from R-1, Low Density Residential, District to AG -3, Agricultural/Rural Preserve, District on property located at 3320 Harborwood Road, Catawba Magisterial District. Ms. Pattisall presented the staff report including a brief history of the property, surrounding zoning, and future land use designation. Ms. Hooker inquired about use of the property. Ms. Pattisall stated the petitioner has stated the property will be for private farm use and possibly subdivided for his children. Mr. Sheldon Henderson stated he plans to use the property as a hobby type farm. Mr. Marrano inquired if the petitioner had received any objections from neighbors. Mr. Henderson stated he had not received any complaints. Ms. Hooker noted when the area was comprehensively rezoned the County thought redevelopment would be increasing in the area. Mr. Henderson discussed the steep terrain of the property. Ms. Hooker inquired about applicable permits. Mr. Henderson stated he has current erosion and sediment control permits. Mr. Woltz noted the property does not lend itself to development. Mr. Marrano opened the public hearing for public comment. Howell Gorman, 3675 Harborwood Road, stated he does not have an issue with a family farm but with dumping of debris and constant parade of trucks hauling Page 2of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2015 dirt to other construction sites in order for the petitioner to create a building site. He stated other mixed materials and debris has been trucked and dumped onto this site. He stated truck traffic on Harborwood Road is excessive for the condition of the road, noting the road is not two lanes wide creating safety concerns. He stated the surrounding property is residential. He stated a special use permit should be required for dumping on the property. With no other citizens requesting to speak, Mr. Marrano closed the public hearing. Ms. Hooker requested staff to address the citizen concerns. Ms. Pattisall discussed the surrounding zoning and permitted uses, noting dumping in residential or agricultural zoning is not an allowable use. Ms. Hooker inquired about erosion and sediment issues. Ms. Pattisall reviewed this issue, noting driveway construction has been monitored by County engineering staff and the petitioner's permits are current. Mr. Henderson stated he has been working on the property for the last five years, noting he has a permit to move dirt to other sites and move fill to his site. He stated the fill which has been placed on his property consists of hard debris, including concrete, rocks, and asphalt. Ms. Pattisall noted the driveway is approximately 2,000 feet long. Ms. Hooker made a motion to recommend approval of the request. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, Hooker, James, Marrano, Woltz NAYES: None ABSENT: None 2. The petition of Morgan Ventures, LLC to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 195 feet in height in a C-2, High Intensity Commercial, District on approximately 1.00 acre, located at 4247 Bonsack Road, Vinton Magisterial District. Ms. Wood presented the staff report, including topography, buffering, future land use designation, and concept plan. She stated two reports requested by the County, NEPA (National Environmental Protection Act) document and Section 106 Review (Historic Resources), have not been received by staff. Mr. James requested clarification of restrictions when asking the petitioner questions about the application. Ms. Kuhnel reviewed the criteria established by the FCC regarding this issue. Mr. James asked if information has been received by staff regarding a new entrance. Ms. Wood stated no information has been received regarding this issue. Mr. James inquired about documents which have not been received by staff. Ms. Wood discussed this issue. Mr. James inquired about the existing condition of the property. Mr. Murphy stated there is an active Page 3of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2015 zoning violation case on the property. He stated this case is to be kept separate from the special use request. Mr. Tom Terrell, Esquire, Smith Moore Leatherwood LLP, discussed AT&T's current lease on the property. He reviewed the history of the petition and the available technology. He discussed construction of towers and co -location on existing towers. He discussed the Blue Ridge Parkway comments, noting the petitioner agrees to build a monopole tower with flush -mount antennas. He discussed fencing and landscaping issues, noting the petitioner does not have permission from the landowner to construct a 40 foot landscaping buffer. He discussed the viewshed, noting the tower would not be on the Blue Ridge Parkway side but towards Route 460. He stated the petitioner is trying to make the tower fit into the community. Mr. Harold Timmons, Development Specialist, H. Timmons Consultant, reviewed the site plan, including setback requirements, building size, fencing, and generator location in case of a power outage. He reviewed the propagation mapping, including radio frequency engineering, elevation, tower height, topography, and other factors which affect coverage. He stated the distance between nearby existing towers is 1.5 miles and 2 miles. He reviewed other sites which the petitioner researched to locate the proposed tower, noting the Magnotti property has all factors needed by the petitioner. Mr. James inquired if an AT&T representative was present for the public hearing. Mr. Timmons stated the representative did not attend the public hearing. Mr. James inquired about documents requested by staff. Mr. Terrell stated they are in the process of acquiring the requested documents which can take one to six months. Mr. Gerry Sharpe, Sharpe Resources, LLC, stated the documents should be available within two to four weeks. Mr. Terrell stated models for the tower are looking towards future use. Mr. Woltz inquired about need for coverage. Mr. Timmons stated coverage is internal to AT&T. He discussed testing of the signal. Mr. Marrano inquired about the reason other companies have not made this request. Mr. Timmons stated sometimes other companies are looking at the same area but do not come forward until the tower is constructed. Ms. Hooker noted the Commission is only allowed to discuss certain items regarding the broadcasting tower. Mr. James stated the Commission can only address land use issues relative to the tower. Mr. Marrano opened the public hearing for public comment. Lori Foster, 4535 Red Barn Lane, stated that a representative of WSLS 10 reported that AT&T had pulled out of the agreement in November, 2014. She stated E911 coverage is important but new technology is available which would not damage the area. She stated that when Lynchburg would not allow this type of tower, AT&T used fiber optics. She requested that the Commission vote against the petition. Page 4of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2095 Theodore Foster, 4535 Red Barn Lane, discussed encouraging co -location on existing towers which are 1.7 miles apart. He stated a similar request was made in March, 2014, in Botetourt County. He stated the petitioner's request is not in compliance with the County's Zoning Ordinance or the Comprehensive Plan. He stated it is the Commission's civic responsibility to comply with the Comprehensive Plan to protect historical features and neighborhoods. He discussed loss of property value due to the tower. He requested the Commission vote against the petition. Deedie Kagey, 4496 Bonsack Road, stated her home was built in 1830's. She stated she opposes the tower being constructed at the entry of the community. She stated it will be compromise the beauty of the area. She provided a history of the Bonsack area, noting it is a residential area and not a good location for the tower. She stated the area is the pride of the Read Mountain Conservancy. She questioned if the tower is truly needed in this area. Richard James, 4257 Bonsack Road, stated his house would be 150 feet from the tower, noting if the tower falls it would land on his house. Mr. Marrano adjourned the meeting for a break at 8:29 p.m. and reconvened at 8:38 p.m. Tommy Firebaugh, 4703 Phyllis Road, discussed the beauty of the area, including the Blue Ridge Parkway and Read Mountain. He stated he is a photographer. He discussed the negative effect the tower would have on property values. He noted the petitioner does not live in Bonsack. He discussed new technology and old technology. He requested the Commission help the area remain undisturbed. Katherine Firebaugh, 4703 Phyllis Road, discussed protection of the viewshed and the effect the tower would have on property values. She discussed the owner's right to protect their property. She stated she was unable to find a dead spot for cell phone reception in the area. Randolph English, 5154 Britaney Road, stated the tower will be visible from all directions. He questioned the scale of 2 miles between towers. He stated the area is pretty and the tower will be ugly. He stated the proposed location is in a hole so the tower has to be too tall. He stated the location is inappropriate. Deborah Patterson, 4771 April Lane, stated she lives in the highest point in the area and will be able to see the cell tower. She described the community, noting people know each other and the area is serene. She stated the property values will decrease due to perceived risks regarding the tower. She stated the tower will affect the aesthetics of the area, noting it will obstruct and tarnish the views. She discussed the importance of preserving the neighborhood. She stated cell towers should be placed in commercial areas. Page 5 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2095 Kim Treadway, 4509 Red Barn Lane, discussed the adverse effect on the viewshed, including Blue Ridge Parkway and Read Mountain. She stated the area attracts sports enthusiasts. She stated the view of Read Mountain and Bonsack attracts homebuyers. She discussed protecting scenic integrity and the viewsheds. John Treadway, 4509 Red Barn Lane, stated his wife rides her horse through nearby mountains. He stated he is concerned property values will decrease. He stated many people feel the cell tower is a threat to their health. He stated the tower would be 100 feet above the viewshed. Fred Abbott, 2353 Coachman Drive, stated he was at the Community Meeting. He stated that he is willing to put the tower at his house in a grove of pine trees. Barbara Duerk, 2607 Rosalind Avenue, stated the petitioner is in the business of erecting towers, noting if the petitioner was interested in the area he would have offered to construct monopole design initially. She stated the tower needs to be 195 feet in height because it is sitting in a hole. She stated the cell tower will be between the Bonsack neighbors and Read Mountain. She stated cell towers are obsolete, noting technology has changed. She stated Albemarle County allows cell towers no taller than the tree canopy. Rickie Agee, 4629 Phyllis Road, stated the area is beautiful and laid back. He requested that the petition be denied, noting the tower will take away from the area. Frank Adams, 4439 Stoney Ridge Drive, stated the petitioner misrepresented coverage. He stated that the AT&T commercial stated it has the best coverage. Harry Bundy, 4731 Phyllis Road, stated the petitioner said at the meeting that cell towers were just beginning to blossom. He provided a history of the area. He stated the railroad currently has fiber optics for AT&T and Sprint. He stated he is concerned about electronic waste. Mr. Terrell discussed historical changes in the Bonsack area, including electricity, highways, subdivisions, and wireless infrastructure. He discussed cell towers and the importance of cell phone usage. He stated the tower is not in the Blue Ridge Parkway viewshed but would be visible. He stated other locations were previously considered. He stated he has not seen a market impact analysis which shows cell towers affect values of adjoining properties. Mr. Woltz inquired about the investment amount and return of investment. Mr. Terrell discussed these issues. Mr. Woltz inquired about the lease. Mr. Terrell stated the lease on the property is by Morgan Ventures and AT&T is paying the lease, noting the payments are current. Mr. Woltz inquired about the requested reports. Mr. Terrell stated the petitioner is willing to postpone the hearing until the reports have been received. Ms. Hooker stated the application is currently incomplete without the reports. Mr. Bower inquired if the tower was for future Page 6 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 3, 2015 use. Mr. Terrell discussed this issue. Mr. Bower discussed acquiring a third party to review the application. Mr. Thompson discussed this issue, noting the importance of allowing time for staff, Commissioners, and citizens to review the reports. Mr. Terrell agreed with the postponement and stated the petitioner will stay in close contact with staff regarding the status of the requested documents. Mr. James stated the Commission has a burden of due diligence to make sure they have all the information in order to make prudent decisions. He reviewed conversations and communications with citizens regarding the petition, noting he is not a member of the Bonsack community but does represent the area. He stated the concerns of the community relate to historic features, viewshed, visibility, home values, compliance with the Comprehensive Pian, and the purpose and the need of the tower. He stated it is the policy of the County to encourage co -location on existing towers. He stated the technical issues of the petition are difficult to understand. He stated the County's policy indicates that building of new towers should only be requested when no other reasonable alternative exists. He stated the decision regarding the request should be based off of technical merits. He stated the balloon test was performed on a windy day and may or may not give proper representation of the tower. He discussed the importance of the two reports which have been requested but not received by staff. He stated he was disappointed that an AT&T representative was not in attendance at the public hearing. He stated an independent analysis of the application is needed. He discussed the importance of giving staff, Commissioners, and the public ample time to review all documents. Mr. James made a motion to recommend continuing the public hearing until April 7, 2015, in order to receive and review the NEPA (National Environmental Protection Act) document, Section 106 Review (Historic Resources), and an independent analysis of technical merits of the application. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, Hooker, James, Marrano, Woltz NAYES: None ABSENT: None Mr. Thompson and the Commissioners discussed speaking to the applicant regarding repeating the balloon test. Ms. Foster inquired about the contents of the NEPA document. Mr. Terrell discussed this issue. Final Orders 1. The petition of Roger and Deborah Rardin to rezone an approximately 8.00 acre portion of an approximately 19.44 acre parcel from 1-2, High Intensity Industrial, District to R-1, Low Density Residential, District and to remove a proffered condition from the 11.44 acre portion of the property zoned R-1, Low Density Residential, District, located west of the Norfolk Southern Railroad near the 5000 Page 7 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES block of Poor Mountain District was approved January 27, 2015. Citizen Comments There were none. FEBRUARY 3, 2015 Road and north of Bydawyle Road, Catawba Magisterial by the Board of Supervisors at a Public Hearing on Commissioners' and Staff Comments Mr. Thompson stated that Mr. Doug Blount and Ms. Lindsay Blankenship will provide an update regarding the Roanoke River Greenway at the February 17, 2015 Planning Commission Work Session. Mr. Thompson provided an update on the Planner II position. Mr. Thompson and the Commissioners discussed consulting an expert for certain petitions involving technology. The consensus of the Commission was to contract a consultant to interpret technological issues. Mr. Woltz noted he will not be attending the March 3, 2015 Planning Commission Public Hearing. With no further business or comments, Mr. Marrano adjourned the meeting at 9:44 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission Philip Tfiompson Secretary, Roanoke County Planning Commission Gene Marrano Chairman, Roanoke County Planning Commission Page 8 of 8