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HomeMy WebLinkAbout6/16/2015 - MinutesMr. Wayne Bower Mr. Rick James lir. Ge-te Ii-?rt—,,,,jo Commissioners Absent: Ms. Martha Hooker Mir. Jim Woltz Staff Present: Mr. Philip Thompson, Secretary Ms. Ruth, Ellen Kuhnel, County Attorney Mr. John Murphy Ms. Megan Cronise Ms. Taira Pattisall Ms. Becky James Mr. Brian Hughes Ms. Susan McCoy, Recording Secretary Call to Order Mr. Marrano called the meeting to order at 6:00 p.m. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 3-0. Attorney General's Opinion Ms. Kuhnel provided PowerPoint presentation regarding hydraulic fracturing law. Ms. Kuhnel and Mr. Thompson discussed education opportunities, including the Land Use Education Program. Ms. Kuhnel diiscussedl other localities which are currently going through pipeline litigation. She reviewed the Preemption Law. She stated current plans for the compressor station are not within Roanoke County. She discussed the "fracking" method, including the history and imechanics of the process. She discussed the geology of the area and of the State, including Marcellus Shale formation and the Taylorsviille Basin. Ms. Kuhnel discussed land use concerns, including truck traffic, visual impacts, and noise. She discussed regulations regarding Resource Extraction. She discussed hydraulic fracking water requirements. She discussed State law requirements, including the Virginia Gas and Oil Act of 1990, which requires a permit to be acquired before drilling. She discussed State and local laws, noting Virginia is a Dillon Rule state. Mr. Thompson and Ms. Kuhnel discussed recent legal arguments regarding eminent domain. Page 1 of 3, ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 16, 2095 Ms. Kuhnel discussed the 1993 Attorney General Opinion by Stephen Rosenthal which would require a special use permit for the operation of a well. She also reviewed the 2013 Attorney General Opinion by Kenneth Cuccinelli and the 2015 Attorney General Opinion by Mark Herring. She discussed various issues which localities may control, including hours of operation, noise limitation, traffic restrictions, and landscaping. Mr. Thompson, Ms. Kuhnel, and the Commissioners discussed the proposed location of the compressor station. They discussed the special use permit process regarding applications which may be received for resource extraction. Possible Zoning Ordinance Amendments Mr. Thompson reviewed the current accessory apartment standards and restrictions. He stated with reduced land availability and the population getting older, this use is becoming increasingly popular. Staff and the Commissioners discussed standards to allow accessory apartments by -right, noting a special use permit would be required if standards are not met. They discussed subdividing property, building requirements, and setback restrictions. They discussed the maximum floor area restrictions. Mr. Thompson discussed possible legal issues. Mr. Thompson and the Commissioners discussed additional standards for various zoning districts. The consensus of the Commissioners was to keep the general standards of allowing an accessory apartment if it does not contain more than 50% of the finished floor area up to 1,500 square feet. Mr. Thompson and the Commissioners discussed general standards for Bed and Breakfast use. They discussed allowing the use by -right if it is a one bedroom bed and breakfast, noting more regulations would apply if additional rooms are offered within residential zoning districts. Mr. Thompson provided a citizen email received regarding multi -family yard sales. Ms. James reviewed the citizen's concerns, including signage, traffic, and safety. She stated the Zoning Ordinance allows two yard sales within a two month period, noting the restriction is difficult to enforce. Staff and the Commissioners discussed complaints received regarding yard sales, including parking and signage. Mr. Thompson and the Commissioners discussed the difficulty regulating and enforcing yard sale restrictions. Citizens' Comments Ms. Melanie Bond, 802 Skyview Road, stated she would like to purchase a vacant parcel of land on Wildwood Road to keep her horse. She stated the property is approximately five miles from her home. She requested that the County amend Section 30-81-5 of the Zoning Ordinance to allow this use. She stated if a dwelling was added to the property it would take away from the rural appearance of the area. She stated that she has been researching drilling a water well on the property. Mr. Thompson reviewed the current standards, noting horses are considered differently than livestock since they are for personal enjoyment. He discussed changing the ordinance to include requiring shelter for the horse. Ms. Bond stated she has owned a horse for many years, noting owners should take responsibility for the care of their animals. She noted other animals are left alone while owners go to work. She noted owners are not required to live where their cattle are located. Mr. Thompson discussed potential issues regarding waste management. She stated she spoke with the Department of Page 2of3 ROANOKE COUNTY PLANNING COMMISSION MINUTES JUNE 16, 2015 Environmental Quality (DEQ) regarding waste management. Mr. Bawer noted the main issue would be the availability of water for the horse. Staff and the Planning Commission discussed Use and Design Standards, DEQ regulations, and current zoning regulations and enforcement. They discussed the process for requesting a special use or variance for this use. Other Comments Mr. Thompson, Ms. Pattisall, and the Commissioners reviewed citizen concerns which were discussed at the Bergmann Associates, LLC Community Meeting on June 15, 2015. With no further business or comments, Mr. Marrano adjourned the meeting at $:07 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission Philip T('Roanoke mpson Secreta County Planning Commission Approved: ,f Gene Marrano Chairman, Roanoke County Planning Commission Page 3of3