HomeMy WebLinkAbout12/5/2016 - MinutesCommissioners Present:
Mr. Wayne Bower
Mr. Don Butzer (evening session only)
Mr. Rick James
Mr. Paul Mahoney
Mr. Jim Woltz
Staff Present:
Mr. Philip Thompson, Secretary
Mr. Peter Lubeck, Senior Assistant County Attorney
Mr. John Murphy
Ms. Megan Cronise
Ms, Becky James
Ms. Tara Pattisall
Mr. Brian Hughes
Ms. Susan McCoy, Recording Secretary
WORK SESSION
Mr. James called the meeting to order at 4:06 p.m.
Approval of Agenda
Mr. Woltz made a motion to approve the amended agenda, which passed 4-0.
Approval of Minutes
Mr. Mahoney made a motion to approve the minutes of November 1, 2016, which
passed 4-0.
Consent Agenda
Ms. James provided an overview of the Kimberly J. Bolden (Triple J Farm Events, LLC)
petition, including a brief history of the property, zoning, and land use designation. Ms.
James and the Commissioners discussed the property location, proposed use of the
property, hours of operation, and the number of events to be held per year. They
discussed a complaint the County received regarding the use.
Mr. Hughes provided an overview of the Henry L. Bennett, IV petition, including the
concept plan, zoning, and future land use designation. Mr. Hughes and the
Commissioners discussed the existing structure, proposed structure and current
setback requirements. He stated a community meeting will be held Monday, December
12, 2016, from 6:00 p.m. — 8:00 p.m,. at Back Creek Fire Station.
Mr. Mahoney made a motion to approve the consent agenda, which passed 4-0.
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
DECEMBER 5, 2016
2017 Planning Commission Meeting Schedule
Mr. Thompson and the Commissioners discussed the proposed 2017 Planning
Commission Meeting Schedule. Mr. Bower made a motion to approve the 2017
Planning Commission Meeting Schedule, which passed 4-0.
Citizen Comments
There were none.
Commissioners' and Staff Comments
Ms. Pattisall and the Commissioners discussed TAS Design, Inc. proposed use and
current parking requirements.
Mr. James adjourned the meeting for site viewing at 4:51 p.m.
EVENING SESSION
Mr. James called the Public Hearing to order at 7:01 p.m. Mr. Bower gave the
invocation and led the pledge of allegiance.
1. The petition of TAS Design, Inc. to rezone approximately 1.49 acres to amend a
proffered condition on property zoned C -IC, Low Intensity Commercial, District
with condition and to obtain a special use permit to allow a multifamily residential
use greater than 50% of the gross floor area on site, located at 2002 Washington
Avenue, Vinton Magisterial District. Ms. Pattisall presented the staff report,
including a history of the property, concept plan, and property access. She
reviewed suggested conditions applicable to the special use permit request.
Mr. Todd Setliff, TAS Design, Inc., spoke representing the petitioner. Mr. James
inquired about the petitioner's request for more than 50% allowed residential use.
Mr. Setliff stated the owner wants to provide more residential units within a mixed
use design. Mr. James inquired about traffic, nearby schools, low income
housing, and stormwater management. Mr. Setliff stated stormwater
management will be included in the civil engineering design process. He stated
a traffic impact analysis (TIA) had not been conducted, noting they would offer to
conduct a TIA, if needed. He stated that regarding low income housing, the
owner plans to charge rent of $1,000 per month or more. He stated they want to
be a good neighbor to the schools. Mr. Butzer inquired about the business
model for the development. Mr. Setliff stated they plan to lease the suites for
professional offices such as insurance companies and doctors. Mr. Butzer
inquired about parking needs. Mr. Setliff discussed this issue for both the offices
and residential units. Mr. Butzer noted since it is a congested area possibly a
TIA should be conducted. He inquired about the stormwater management
design. Mr. Setliff stated the plan review process has not yet been conducted.
Mr. Woltz inquired about Americans with Disabilities Act (ADA) requirements.
Mr. Setliff stated one unit per ten residential units is required to be ADA
accessible. Mr. Woltz inquired about the concept plan. Mr. Setliff stated they
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
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plan to construct two stairwells and no elevator. He stated they plan to have two
and three bedroom residential apartments. Mr. Mahoney inquired about
floodplain issues. Mr. Setliff discussed the topography and location of proposed
development, noting it would be on higher ground not within the floodplain. Mr.
Mahoney inquired about the property entrance. Mr. Setliff discussed this issue.
Mr. Bower inquired about the business suites. Mr. Setliff discussed the proposed
design. Mr. Bower inquired if the petitioner has considered having more
business sites to keep residential use under 50% and if they would consider
having two floors instead of three. Mr. Setliff stated this is the owner's request.
Mr. Brian Blevins, VDOT, reviewed the traffic impacts based on the concept plan
submitted two years ago. He reviewed trip generation calculations. He stated
VDOT is aware of the congestion in the area near the schools. He stated the
area does not currently warrant a traffic signal. Mr. James inquired about
accidents in this area. Mr. Blevins stated most reported accidents in the area
have been rear -end collisions with property damage only. Mr. Mahoney inquired
about alternate entrance locations to the site. Mr. Blevins discussed this issue,
stating VDOT prefers entrances from side streets. Mr. Woltz inquired about
additional turn lanes. Mr. Blevins discussed this issue.
Mr. James opened the public hearing for public comment.
Mr. Richard Carr, 2600 Tulip lane, discussed safety issues regarding children
walking to school near the apartments. He discussed studies which indicate
more disturbances and drug activity occur in multi -family units. He stated the
development jeopardizes the safety of the students, noting the development
would adjoin two schools_ He discussed the safety of the walkers, students
skipping school, and higher rate of drug sales. He stated that he has heard the
apartments will be a lower rent facility, noting the petitioner keeps changing the
cost of rental fees. He stated the development is a significant safety issue.
Mr. Chad Gilmore, 2900 Edgefield Drive, stated he was previously told Spring
Grove would be connected to Mountain View Drive, noting this has not
happened. He stated 46 more lots at the end of Matthew Drive will be built on
soon. He stated the subdivision has only one entrance. He stated the
community stands united against this petition.
Mr. Gene Pandlis, 2824 Matthew Drive, stated there are approximately 1200-
2000 people in the nearby subdivisions. He discussed other properties owned by
Mr. Dorra in the City of Roanoke, including Mini -Mart in Southeast Roanoke, and
commercial buildings on 9th Street, Bennington Street, and Jamison Avenue. He
stated the common theme is they are barely maintained, noting nothing has been
improved on the exterior. He stated Mr. Dorra is frequently in court regarding
eviction notices of his tenants. He asked if this development would strengthen or
weaken these areas.
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
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Ms. Vickie Damico, 2256 Windsor Avenue, stated she is speaking on behalf of
her mother, Ms. Velma Graves, 2606 Linden Drive, which is directly across the
street from proposed development. She stated her mother lives in the first house
built in Lindenwood subdivision. She requested a height restriction, noting no
other nearby structures are as tall as the proposed development. She discussed
stormwater management issues, noting currently Wolf Creek floods and the
stormwater gathers in her front yard. She requested that the County take a close
look at this issue.
Ms. Linda Miles, 123 Spring Grove, stated they will be most affected by the
proposed development. She stated they currently have stormwater runoff issues
when there is a big storm. She stated they have had 18 years of privacy in a
country setting at their current residence. She stated a three story building will
block the view. She stated she is concerned about the increase of noise, traffic
problems, and decreased property values. She asked that they consider how the
development will affect the citizens.
Mr. Amil Dorra, owner, stated he appreciates the concerns of the citizens. He
stated he has researched rental fees since the community meeting and decided
to increase it to approximately $1,000 or more. He stated he has spent a lot of
money to improve the properties he owns. He stated he cannot speak to
stormwater management until the engineer reviews the plans.
Ms. Holly Nichols, 200 Spring Grove Drive, stated nobody in the area wants this
development. She stated she is terrified for children to play in the yard due to
drag races and speeding cars. She stated the building will cause more problems
and they do not need drug use in the area. She stated she represents others in
the neighborhood.
Mr. Sean Peters, 2601 Tulip Lane, stated he is a small business owner, noting
the petitioner will have a challenge when leasing the spaces due to traffic and
difficult property access. He stated the traffic backs up in the area.
With no additional citizens requesting to speak, Mr. James closed the public
hearing.
Mr. James inquired about changes made after the community meeting. Mr.
Setliff stated they have had no discussion with VDOT but are willing to discuss
issues with them. He discussed lighting issues and ranges of the rental fees. He
stated they are waiting to see if their request is approved before completing the
engineering design.
Mr. James stated he will take the rezoning request and special use request
separately, including voting on both removal of proffered conditions and allowing
for more than 50% residential use.
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
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Mr. Butzer inquired about vacant lots. Mr. Blevins stated VDOT is aware they
are working on new lots. He stated he has spoken with staff and the developer,
noting the masterplan was approved several years ago. Mr. Bower inquired
about connecting Spring Grove to Mountain View. Mr. Blevins stated he does
not know of any current proposals regarding this issue. Mr. James stated there
are currently vacancies in the area. He inquired about the reason the petitioner
wants to use this location. Mr. Dorra stated he has not seen office vacancies in
this area just mostly retail vacancies. Mr. Waltz inquired about by -right uses of
the property. Ms. Pattisall discussed this issue. Mr. Bower noted the maximum
height of a building in residential zoning is 45 feet. Mr. Setliff stated the
proposed structure would be 35 feet. Mr. Woltz inquired about the layout of the
office. Ms. Pattisall noted that the office use could be divided into four separate
spaces. Mr. Bower inquired if staff has any information regarding a road going
through to Mountain View. Ms. Pattisall discussed this issue, noting the
masterplan was approved years ago. She stated the site plan will not be
reviewed again unless the property owner wants to alter or subdivide property.
Mr. James made a motion to remove the proffered condition.
Mr. Wotlz stated that by -right zoning allows certain types of development and the
Commission must abide by the zoning laws. He noted the by -right height is 45
feet and the building can cover one-half of the lot. He stated current stormwater
requirements are strictly applied. He stated the rent fees are not for the
Commission's to judge, noting the project will not be an inexpensive venture.
Mr. Butzer stated the Commission cannot place judgment on business model or
rental fees. He stated certain things can be developed by -right even if the
petition is not approved. Mr. James discussed the old site plan and proffer
amendment. He stated many comments have not been addressed by the
petitioner regarding the special use permit. He discussed the 2005
Comprehensive Plan regarding the future land use designation. He stated he is
concerned if it is the right development for the area.
Mr. James made a motion to delete the proffered condition. Mr. Thompson
discussed amending the proffer and deleting the proffer. Mr. James withdrew his
motion.
Mr. James made a motion to recommend denial of the special use permit
request.
Mr. Woltz stated the petitioner could redesign the development to comply with
regulations.
Mr. Butzer stated the stormwater issue needs to be addressed. He stated he is
concerned about school safety, low income housing, additional crime near
schools, and increased traffic.
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
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Mr. Mahoney stated initially he would have opted to remove the proffer but only if
more stringent controls were applied to the special use permit. He stated
transition areas are supposed to be buffers to other zoned areas. He discussed
that the County is encouraging affordable housing and multi -family development.
He stated the policies do not fit this property, noting the use is too intense for the
specific area. He stated he has safety concerns with traffic near the schools. He
suggested removing the proffer only if it is a less intensive project.
Mr. Waltz stated he is in favor of removing the proffered conditions but only with
more specifics about the proposed development. Mr. James stated it would open
up the square footage of the development.
Mr. James amended his motion to deny the special use permit and not to remove
the proffered condition.
Mr. Thompson called the roll and the motion passed (4-1) with the following vote:
AYES:
Butzer, James, Mahoney, Woltz
NAYES:
Bower
ABSTAIN:
None
Mr. Thompson informed the citizens the Board of Supervisors Public Hearing on
this petition will be held on December 20, 2016, noting that the Board makes the
final decision on the matter.
Mr. Bower discussed his reason for not voting to deny the petition. He stated
conditions could have been applied to the size of the development and parking
area.
Citizen Comments
There were none.
Commissioners' and Staff Comments
Mr. Mahoney stated he will not be able to attend the December 12, 2016 Community
Meeting due to a previous commitment.
Mr. Thompson stated the community meeting regarding Henry Bennett, IV will be held
Monday, December 12, 2016, from 6:00 p.m. — 8:00 p.m. at Back Creek Fire Station.
With no further business or comments, Mr. James adjourned the meeting at 8:36 p.m.
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ROANOKE COUNTY PLANNING COMMISSION MINUTES
Respectfully Submitted:
Susan McCoy
Recording Secretary, Roanoke County Planning Commission
ilip T ompson
SecretAry, Roanoke ounty Planning Commission
t�
Rick James
Chairman, Roanoke County Planning Commission
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DECEMBER 5, 2016