Loading...
HomeMy WebLinkAbout4/4/2017 - MinutesPLANNING COMMISSION PUBLIC HEARING MINUTES APRIL 4, 2017 Commissioners Present: Mr. Wayne Bower Mr. Troy Henderson (arrived after approval of consent agenda) Mr. Rick James Mr., Jim Woltz Commissioners Absent: Mr. Paul Mahoney Staff Present: Mr. Philip Thompson, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Mr. John Murphy Ms. Megan Cronise Mr. Tori Williams Ms. Tara Pattisall Mr. Brian Hughes Ms. Susan McCoy, Recording Secretary Work Session Mr. Bower called the meeting to order at 4:09 p.m. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. Woltz made a motion to approve the minutes of February 7, 2017, February 21, 2017, and March 21, 2017, which passed 3-0. Consent Agenda Ms. Pattisall provided an overview of the Lexington Falls, LLC petition, including history of the property, current zoning, future land use, and concept plan. Ms. Pattisall, Mr. Thompson, and the Commissioners discussed the proposed additional access and parking area. They also discussed traffic flow, proffered conditions, and landscaping. Mr. Thompson provided an overview of proposed Zoning Ordinance amendments, including adding guidance services as a by -right use in industrial districts. He stated the amendments also include removing certain time restrictions dealing with approval of preliminary and final site development plans and failure to begin development within Planned Residential Development (PRD), Planned Commercial District (PCD), and Planned Technology District (PTD). He stated the amendments will be heard at public hearings in May, 2017. Page 1 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2017 Mr. Thompson provided an overview of amending the County's Comprehensive Plan by adding the 419 Town Center Plan into the Plan. He stated the Draft Plan Reveal was held on March 23, 2017, which was attended by over 200 people. He stated the survey with comment sheet is located on the County website to acquire additional comments regarding the plan. He reviewed procedural issues regarding this plan, noting it will go to public hearing on May 2, 2017, during which time public testimony will be taken. He stated June 6, 2017, is the tentative date for a joint meeting of the Board of Supervisors and Planning Commission to discuss the Draft Plan. Mr. James made a motion to approve the consent agenda, which passed 3-0. Reed v. Gilbert AZ Mr. Lubeck provided a PowerPoint presentation regarding the Reed v. Gilbert, AZ, including a review of the facts of the case regarding signage. He stated the case was based on the violation of the Free Speech Clause of the First Amendment and Equal Protection Clause of the Fourteenth Amendment_ He and the Commissioners reviewed both amendments. Mr. Lubeck discussed the procedural history, including the decision of the district court and the U.S. Court of Appeals for the Ninth Circuit. He stated the Court of Appeals found that the restrictions were not based on the content of the signs and the sign code left open other channels of communication. The Court held that the restrictions were subject to strict scrutiny because they were content -based restrictions or restrictions that were applied differently depending on the message of the sign. Mr. Lubeck and the Commissioners discussed issues regarding equal protection review. They discussed strict scrutiny review. He reviewed the Court majority opinion regarding their decision on the case. He discussed the effect this case has on the local ordinance regarding signage. Mr. Lubeck, Mr. Thompson, Ms. James, and the Commissioners discussed temporary signage regulations and permitting in Roanoke County. They also discussed exemptions regarding religious and political signage. Upcoming Planning Commission Meetings Mr. Thompson stated the Roanoke City Planning Commission and Roanoke County Planning Commission will have a Joint Meeting on May 5, 2017, at 12:00 noon in the Noel C. Taylor Municipal Building. Mr. Thompson and the Commissioners discussed possible topics to discuss. Mr. James made a motion to add this meeting to the Planning Commission's schedule. The motion passed 4-0. Citizen Comments There were none. Commissioners' and Staff Comments Mr. James commended staff and the consultant regarding the 419 Town Center Plan. He discussed his concern regarding some citizens not understanding the process. He stated transportation was the biggest issue but the plan does not seem to address this Page 2 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2017 issue. Mr. Thompson and the Commissioners discussed access management and redevelopment of the area. They discussed the planning, visioning, implementation, and funding of the plan. Mr_ James noted that Explore Park is now being utilized by many more people. Mr. Thompson provided the Commissioners the Richard Rife, Rife + Wood Architects, revised proffered conditions and the Colonial Avenue Corridor Guidelines. The Commissioners and staff reviewed the proffers, concept plan, and guidelines. Mr. Bower adjourned the meeting for dinner at 5:53 p.m. EVENING SESSION Mr. Bower called the Public Hearing to order at 7:01 p.m. Mr. James gave the invocation and led the pledge of allegiance. 1. The petition of Richard Rife, Rife + Wood Architects, to rezone approximately 0.374 acre from R-1, Low Density Residential, District to C-1, Low Intensity Commercial, District, located at 3722 Colonial Avenue, Cave Spring Magisterial District. Mr. Hughes presented the staff report, including the concept plan, future land use designation, and surrounding zoning. He reviewed the Colonial Avenue Corridor Design Guidelines and revised proffered conditions. Mr. Richard Rife stated he represents the property owners, Richard and Judith Wagner. He stated they have revised the proffers to restrict signage, noting the property is smaller than the other nearby salon. He stated the proposed use would provide a small scale commercial service for the County, noting it is consistent with the C-1 zone goals. He stated the property is located in a transitional area, noting the front of the property faces an arterial street. He stated the property is in conformance with the Colonial Avenue Corridor Design Guidelines, noting the property will be residential in appearance. He stated parking will be in the rear of the building with no additional entrances. He discussed buffering of the parking area. He stated the proposed use will create a small increase in traffic and no negative impact to the road or schools. Mr. Bower opened the public hearing for public comment. Ms. Liz Edlich, 3596 Parkwood Drive, stated she has been a resident in this neighborhood since 2001. She discussed accident statistics and traffic safety concerns in the area including school traffic. She stated many of the accidents have been unreported due to minimal amount of damage to the vehicles. She discussed her concern regarding the location vehicles will park while waiting for their appointments if the petitioner's parking lot is full. She discussed other properties owned by the property owner. She discussed large availability of hairstylist salons within five miles of her home. Ms. Margaret Sharpe, 3651 Cedar Lane, stated the area has not changed since the previous request to rezone this property was denied. She stated previously Page 3 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2077 VDOT did not want commercial traffic emptying onto a residential street. She stated she was unable to contact VDOT prior to the public hearing regarding issues and concerns. She expressed concern regarding traffic issues and stormwater management issues. She stated the proposed commercial use will impact the surrounding residential area. She stated since the salon which was recently approved on Colonial Avenue has yet to open for business, they do not know the impact it will have on the area. She reiterated that the property and issues have not changed since the previous public hearing regarding this property. Mr. Maris Overstreet, 3835 Thompsons Lane, stated nothing has changed with the property and building regulations since the previous petition on this property was denied. He stated stormwater management in this area is already overloaded. He stated previously VDOT did not want another entrance onto Colonial Avenue. He stated VDOT has not wanted a commercial building entrance from a residential street. He inquired about the installation of a silt pond or water retention system for stormwater runoff. He stated the residents in this area do not want Colonial Avenue to be commercialized. He stated his son was involved in two accidents on Colonial Avenue within the past seven years. He stated transitional development is the way to destroy neighborhoods. He stated the proposed use does not benefit the neighborhood. He stated property values will decline. He discussed commercial traffic entering the neighborhood to gain access to the property, noting they do not need more traffic in the area. He stated the area should stay residential. He stated this type of use would fit in better with the 419 Town Center Plan. Mr. George Wray, 3723 Green Valley Drive, stated he lives in the first house on Green Valley Drive, noting he represents three of his neighbors. He stated they are against the request. He stated the commercial development is slowly eating away the residential portion of this area. Ms. Edlich requested to ask an additional question. Mr. Bower granted her request. Ms. Edlich questioned the traffic counts and traffic impact of the proposed business. She stated she does not want the area to become like Williamson Road. Ms. Marilyn Henry, 3740 Green Valley Drive, stated she was raised in this neighborhood and came back to reside in the same neighborhood. She stated the neighborhood is precious to the residents. She stated she does not want a business at the end of the street. She stated she is concerned about the effect on her street, neighborhood, and the surrounding area. She stated the volume of traffic has changed on Colonial Avenue and speeding has increased. With no citizens requesting to speak, Mr. Bower closed the public hearing. Mr. Rife stated Ms. Wagner sold Brambleton Studios years ago. He discussed the slight increase in stormwater runoff due to this use. He stated they will follow requirements regarding handicapped parking spaces, site plan review, Page 4of7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2017 stormwater management, and buffering. He stated petition was sent to VDOT to comment. He stated the Police Department did not comment on the petition. He stated accessing the property from the side street would be safer. Mr. Bower inquired about access and traffic issues. Mr. Hughes stated the County received comments from VDOT regarding traffic volume. He stated VDOT representatives are not present to speak at tonight's public hearing. Mr. Bower inquired about road safety. Mr. Hughes stated traffic concerns were mentioned with the previous rezoning request. He stated he also contacted the crime analyst for additional data. He discussed collisions near this area. Mr. Bower inquired about stormwater management. Mr. Hughes stated the petitioner would be required to abide by current State and County regulations which would be determined during the site plan review process. Mr. James inquired about compliance with the Colonial Avenue Corridor Design Guidelines which includes landscaping. Mr. Rife stated Mr. Dan Chitwood, L.A., would be making changes to the plans in order to comply with the guidelines. He stated the current concept plan does not represent foundation plantings. Mr. James stated the concept plan is unclear regarding the plantings. He stated it needs to be consistent with the rezoning for Lash Salon. Mr. Rife stated the intent is to keep the property looking residential. He stated the owners have cleaned up the property and will maintain it. He stated the petitioner would need to voluntarily comply to regulations before the certificate of occupancy is given. He suggested providing lee -way without being prescriptive. Mr. James stated the Board of Supervisors required more detailed plans on Lash Salon rezoning on Colonial Avenue. Mr. Rife stated the plans are from a hired architect and landscape architect. Mr. James stated enhancement is implied within the guidelines, noting the concept plan leaves questions regarding landscaping. He noted that lighting details have not been included on the concept plan. Mr. Rife stated the lighting will be 4 -foot tall bollard type lighting. Mr. James noted he does not see bollard lighting on the concept plan. He inquired about hours of operation since the property is near residential homes. Mr. Rife stated the petitioner did not proffer the hours. Mr. Bower inquired if the petitioner was willing to proffer lighting, landscaping, and hours of operation. Mr. Rife and Ms. Wagner agreed to the hours of operation being 7:00 a.m. — 9:00 p.m. Mr. Rife inquired if they could amend the plan before presenting it to the Board of Supervisors. Mr. Bower stated lighting location and landscaping description for front of the house would need to be included on the plan. Mr. Rife stated he would have Mr. Chitwood draw plans for the Board of Supervisors Public Hearing. Mr. James stated proffered conditions need to meet expectations of the Board of Supervisors. Mr. Thompson and the Commissioners discussed issues regarding signage, landscaping, foundation and right-of-way plantings, limiting uses, and concept plan of the interior of the building. Mr. Rife stated the petitioner has not decided about the interior of the building, noting she may utilize some of the space for her disabled sister to reside. Mr. James discussed the importance of showing foundational landscaping detail. Mr. Rife, the Commissioners, and staff discussed this issue. Page 5 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2017 Mr. James stated in addition to the current proffered conditions, the petitioner needs to include the hours of operation will be from 7:00 a.m. — 9:00 p.m. He stated lighting plans and landscaping plans need to be more detailed on the concept plan. He stated these additional proffers need to be submitted to staff prior to the Board of Supervisors Public Hearing. Mr. James made a motion to recommend approval of the rezoning with the following proffered conditions and additional details as requested: 1. The property will be developed in substantial conformance with the Concept Plan prepared by Certified Landscape Architect Dan Chitwood dated February 14, 2017. 2. A 10' wide right-of-way planting buffer will be established to screen the parking area from Green Valley Drive 3. A 25' wide Type B planting buffer will be established along the rear property line. The planting buffer will incorporated the planting schedule, vegetation types and spacing as described within either option one or two of the Type B planting buffer standards. 4. Any lighting installed around the parking area shall be bollard -type fixtures no more than 4' in height. 5. Signage will be installed and maintained as follows: a. Any future freestanding sign shall be monument type in style as defined by the area, 5 feet in height and 7 feet in width. The sign shall be landscaped. The sign shall only be lit from the ground and shall not cause glare onto Colonial Avenue or adjacent properties. b. Attached building signage shall not cover more than 5 percent of the building facade area. c. Neon signage shall not be allowed on the property. d. Message or interchangeable sign boards shall not be allowed on the property. e. Temporary signage shall not be allowed on the property. Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, Henderson, James, Waltz NAYES: None ABSTAIN: None Citizens' Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Thompson stated the Roanoke Valley Greenway Plan Update Public Input Meetings will be held at 6:30 p.m. on April 6, 2017, at Glenvar Middle School and 6:30 p.m. on April 10, 2017, at the Vinton War Memorial. Page 6 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES APRIL 4, 2017 Mr. Thompson stated a community meeting regarding the Wood Haven Road Properties will be held on April 26, 2017, from 6:30 p.m. — 8:00 p.m. at the Sheraton Roanoke, 2801 Hershberger Road NW, Roanoke, Virginia. Mr. Bower stated the Roanoke Valley Greenway Plan Update Public Input Meeting held on March 27, 2017, at Mountain View Elementary School was well attended by the public. Final Orders 1. The petition of North Point Apts, LLC and North Point Apts 11, LLC to rezone approximately 6.656 acres to amend proffered conditions to increase the maximum number of residential units from 115 to 126 to allow the construction of an additional apartment building on property zoned R -4C, High Density Multi -Family Residential, District with conditions, located at 6430 and 6451 Archcrest Drive, Hollins Magisterial District was approved by the Board of Supervisors at a Public Hearing on March 28, 2017. With no further business or comments, Mr. Bower adjourned the meeting at 8:17 p.m. Respectfully Submitted: �) L" Susan McCoy Recording Secretary, Roanoke County Planning Commission Philip T meson Secret y, Roanoke County Planning Commission _ L ) "' S(" � Wayne Bower Chairman, Roanoke County Planning Commission Page 7 of 7