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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. Page 1 of 7 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 Page 2 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 5, 2016 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. Page 3 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 5, 2016 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. Page 4 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 5, 2016 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. Page 5 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 5, 2016 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. Page 6 of 7 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 Page 7 of 7 DECEMBER 5, 2016