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HomeMy WebLinkAbout4/5/2011 - MinutesAIV _Z L7 PLANNING COMMISSION J 2 a PUBLIC HEARING MINUTES APRIL 5, 2011 Commissioners Present: Ms. Martha Hooker Mr. Gary Jarrell Mr. Rodney McNeil Mr. Jason Peters Mr. David Radford (after approval of agenda) Staff Present: Mr. Philip Thompson, Secretary Mr. Joe Obenshain, Senior Assistant County Attorney Mr. John Murphy Ms. Nicole Pendleton Mr. Chris Patriarca Ms. Susan Carter, Recording Secretary Work Session: Mr. Jarrell called the work session to order at 4:00 p.m. Approval of Agenda Ms. Hooker made a motion to approve the agenda, which passed 4 -0. Approval of Minutes Mr. McNeil made a motion to approve the minutes of March 1, 2011, which passed 4 -0- 1, with Mr. Jarrell abstaining. Mr. Radford made a motion to approve the minutes of March 15, 2011, which passed 5 -0. Commissioner and Staff Comments Mr. Jarrell made a motion to hold a special meeting on April 11, 2011, in order to tour the Beech Ridge Wind Farm in Greenbrier County, West Virginia. The motion passed 5 -0. Mr. Thompson stated interested parties should meet at the Roanoke County Administration Center at 8:00 a.m. Mr. McNeil requested information regarding the applicable zoning ordinance in West Virginia. The commissioners requested that a decimeter and anemometer be made available for their use during the wind farm visit. Mr. Peters inquired about a letter received by the commissioners from a citizen regarding decibel limitations on various wind turbines. Mr. Obenshain and Mr. Thompson discussed this issue with the commission. Page 1 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES April 5, 2011 Mr. Thompson discussed a letter received from Blue Ridge Parkway regarding viewshed impact from the parkway of the proposed McCallum tower. He also discussed proposed zoning amendments regarding broadcast towers in Explore Park. With no further comments, Mr. Jarrell adjourned the work session at 4:40 p.m. for site viewing. EVENING SESSION Mr. Jarrell called the Public Hearing to order at 7:00 p.m. He gave the invocation and led the pledge of allegiance. 1. The petition of Kenneth J. and Linda J. Lapiejko to obtain a Special Use Permit in a R -1, Low Density Residential, District to operate a private stable on 44.5 acres, located at 3525 Harborwood Road, Catawba Magisterial District. Mr. Patriarca presented the staff report including zoning, land use designation, and suggested conditions. Ms. Hooker inquired about current standards for private stables. Mr. Patriarca indicated the petitioner wants to have horses on the property whether or not proposed zoning amendment permits this use by -right or by special use permit. Mr. Lapiejko explained the property is not his primary residence. Mr. Jarrell opened the public hearing for public comment. With no citizens requesting to speak, Mr. Jarrell closed the public hearing. Ms. Hooker made a motion to recommend approval of the special use permit request with the following conditions: 1. No more than one (1) horse or pony shall be permitted for every two (2) acres of pasture area. 2. A maximum of eight (8) horses shall be permitted with the private stable. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, McNeil, Peters, Radford NAYES: None ABSTAIN: None 2. The petition of Douglas R. and Mary E. McCallum to obtain a Special Use Permit in an AG -1, Agricultural /Rural Low Density, District to operate a small wind energy system on 2.414 acres, located at 4824 Wade Road, Windsor Hills Magisterial District. Ms. Pendleton presented the staff report, noting all general standards would need to be met by the petitioners. She discussed setbacks, topography, and noise regulations. She discussed current land use and zoning of the area. She reviewed a letter received from the Blue Ridge Parkway regarding the viewshed impacts. She stated vegetation would lessen the impact Page 2of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES April 5, 2011 of the turbine on the viewshed. She reviewed the suggested conditions for the request. Mr. Radford inquired about setbacks and system height. Mr. Obenshain discussed this issue. Ms. Hooker inquired about the back property line setback. Ms. Pendleton discussed the proposed site plan and setbacks. The commissioners and staff discussed setbacks. Ms. Pendleton noted both properties were included in case petitioners need to vacate the property line for approval. Mr. McNeil suggested adhering strictly to the ordinance regarding setback requirements of 110% of tower height. Mr. Radford inquired about fall zone. Mr. Thompson noted if the request is approved as presented, the second lot will remain a buildable lot. Mr. Peters discussed this issue. Mr. Radford noted the ordinance is intended to protect other property owners. Mr. McCallum requested they not be required to vacate property line since their children may wish build on the adjoining property in the future. Ms. McCallum expressed concern regarding reduction of property value if line is vacated. Mr. McCallum stated the turbine has to be on the house lot for insurance purposes. Mr. Obenshain and Mr. Thompson discussed the process regarding vacating property line. Mr. Thompson stated it currently would be a non - conforming lot. Mr. Radford and Mr. McNeil spoke in favor of vacating the property line. Mr. Peters stated the setback issue is unique to the property. He noted future builders would be aware of the turbine. Mr. Jarrell opened the public hearing for public comment. Mr. Mark Hanson, Fincastle, VA, stated he owns a small wind turbine. He discussed the decibel level noting the taller the turbine the better the wind collection. He stated the new models are slower turning and more quiet. Mr. Howard Shaffer, 4929 Wade Road, expressed concern regarding the effect on wildlife, visual pollution, viewsheds, and negative effect on property values. Mr. Don Wade DeBusk, 4842 Wade Road, discussed visual and noise pollution, noting his property is near the petitioner's property. He stated the turbine will be higher than some homes in the area and will be able to be viewed from Route 221 and the Blue Ridge Parkway. Mr. Eldon Karr, 8011 Poor Mountain Road, expressed concerns regarding environmental impacts and land use with industrial wind turbines. He discussed setbacks established in the ordinance. He stated the petitioner's request is a variance request since it is a public safety issue. Ms. McCallum discussed property values and clean energy production. Mr. McCallum stated wind production providing jobs and clean power. He stated the area is a rural area and he respects choices neighbors have made regarding use of their property. He stated the turbine will not spin with winds less than 8 mph so production will be mostly during the summer and winter. He discussed Page 3 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES April 5, 2011 government incentives. He stated James Madison University has been researching wind turbines since 2004. With no other citizens requesting to speak, Mr. Jarrell closed the public hearing. Mr. McNeil reiterated his concern regarding setbacks. Ms. Hooker inquired about conditions regarding future construction near the turbine. Mr. Thompson reviewed options and impacts regarding vacating the property line and subdividing the property in the future. Mr. Radford discussed liability issues for future construction nearby. Mr. Peters noted the issue is similar with trees and amateur radio towers. Mr. McNeil discussed adhering to ordinance. Mr. Peters discussed by -right options for petitioners. Mr. Jarrell concurred it would be better to vacate property line. Ms. Hooker expressed concern regarding the large reduction of the setback requirement if property line is not vacated. She noted the petitioner could subdivide the property in the future through the special use permit process. Mr. Radford made a motion to recommend approval of the special use permit request with the following conditions: 1. The site shall be developed in substantial conformance with the concept plan prepared by Douglas R and Mary E McCallum for the Wind Turbine dated March 18, 2011. 2. The small wind energy system shall not exceed 115 feet in height. 3. The petitioners shall combine parcels 074.00 -03- 38.01 -0000 and 074.00 -03- 38.00 -0000 by vacating the property line between these two parcels prior to the final inspection of the small wind energy system. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, McNeil, Peters, Radford NAYES: None ABSTAIN: None 3. Proposed amendments to the Roanoke County Zoning Ordinance. The proposed amendments to Article I (General Provisions), Article II (Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design Standards), and Article V (Development Standards) would revise and incorporate regulations dealing with, but not limited to: parking and parking structures; solar energy systems; private roads; fuel centers; religious assembly; home occupations; accessory apartments; private stables; multiple dog permits; temporary family health care structures; conditional zoning; enforcement procedures; nonconforming uses; and the board of zoning appeals including reducing the appeal period for certain use violations. Mr. Murphy provided a brief history of the proposed amendments. He reviewed each proposed change regarding the amendments, including temporary family Page 4 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES April 5, 2011 healthcare structures, private stables, and broadcast towers. Mr. Obenshain explained that the temporary family healthcare structure provision was adopted by the General Assembly last year. Mr. Jarrell opened the public hearing for public comment. With no citizens requesting to speak, Mr. Jarrell closed the public hearing. Mr. Radford made a motion to recommend approval of the proposed amendments. Mr. Thompson called the roll and the motion passed (5 -0) with the following vote: AYES: Hooker, Jarrell, McNeil, Peters, Radford NAYES: None ABSTAIN: None Final Orders 1. The petition of Ray Craighead to obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a drive -in or fast food restaurant on 0.62 acre, located at 4309 Starkey Road, Cave Spring Magisterial District was approved by the Board of Supervisors at a Public Hearing on March 22, 2011. Citizen Comments There were none. With no citizens requesting to speak, Mr. Jarrell closed the citizen comment period. Commissioners' and Staff Comments Mr. Thompson stated the Glenvar Focus Group will hold a Community Meeting on May 2, 2011. He also stated a meeting has been scheduled to discuss Peters Creek transportation issues on April 14, 2011. With no further business or comments, Mr. Jarrell adjourned the meeting at 8:40 p.m. Respectfully Submitted: Susan Carter Recording Secretary, Roanoke County Planning Commission Philip Thompson Secretary, Roanoke County Commission Page 5of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES Gary J rrel Chairman, Roa oke County Planning Commission April 5, 2011 Page 6 of 6