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HomeMy WebLinkAbout1/2/2018 - Minutes-? 'FIF emmt* af "IlMe PLANNING COMMISSION 183 PUBLIC HEARING MINUTES JAN UARY 2, 2018 Commissioners Present: Mr. Wayne Bower Mr. Troy Henderson Mr. Rick James Mr. Paul Mahoney Mr. Jim Woltz (arrived after election of officers) Staff Present: Mr. Philip Thompson, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Mr. John Murphy Mr. Morgan Yates (evening session) Ms. Megan Cronise (afternoon session) Ms. Becky James Ms. Bailey DuBois (evening session) Ms. Cecile Newcomb Mr. Alex Jones Ms. Susan McCoy, Recording Secretary TFork Session Mr. Bower c0ed the meeting to order at 4:04 p.m. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 4-0., Approval of Minutes Mr. Mahoney made a motion to approve the minutes of October 17, 2017, which passed 3-0-1, with Mr. James abstaining,, Mr. James made a motion to approve the minutes of November 6, 2017, and December 4, 2017, which passed 3-0-1, with Mr. Henderson abstaining. Consent Agenda There were no items for the consent agenda. Election of Officers Mr. Thompson opened the floor for nominations of chairman for the 2018 calendar year. Mr. Bower nominated Mr. Mahoney. No other nominations were received and the Commission voted 4-0-1, for Mr. Mahoney as chairman for 2018, with Mr. Mahoney abstaining. Page 1 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 Mr. Thompson opened the floor for nominations of vice-chairman for the 2018 calendar year. Mr. Mahoney nominated Mr. James. No other nominations were received and the Commission voted 4-0 for Mr. James as vice-chairman for 2018. Citizen Comments There were none. Commissioners' and Staff Comments Mr. Mahoney discussed having an Annual Work Plan and inquired about having a list of issues which will be coming before the Commission for review and discussion. Mr. Bower agreed it would be a good idea for the Commission to have a plan. Mr. James noted a plan could be used like a bulletin board listing issues which will be coming to the Commission for discussion. Mr. Thompson stated staff has an idea of issues which will be coming, noting these issue have not been listed on a document. Mr. Mahoney stated it could help focus the Commission. He inquired about receiving the Strategic Plan document. Mr. Thompson discussed the Strategic Plan and Annual report, noting the documents were distributed to the Commission. Mr. Thompson provided copies of several documents to the Commissioners, which included Ms. Bono's document, an email from Justin St. Clair, emails from five reviewing agencies, and incident reports from the Roanoke County Police Department. Staff reviewed the incident reports with the Commissioners as well as the complaints received from neighbors. The Commissioners and staff also discussed procedural issues associated with the public hearing. Mr. Thompson reviewed projects that could be included on an Annual Work Plan with the Commissioners. He discussed future projects for the Commission, including Oak Grove Planning Study, Hollins Planning Study, Zoning Ordinance Amendments, and Explore Park District Amendments. Mr. Thompson and the Commissioners discussed regulations regarding agricultural structures, including zoning and building codes. Mr. Bower adjourned the meeting for dinner at 5:22 p.m. EVENING SESSION Mr. Mahoney called the Public Hearing to order at 7:01 p.m. He gave the invocation and led the pledge of allegiance. 1. The petition of the petition of Kimberly J. Bolden, Charlotte W. Johnston, and Triple J Farm Events, LLC to obtain a Special Use Permit in a AG -1, Agricultural/Rural Low Density, District and AG -3, Agricultural/Rural Preserve, District for the operation of a special events facility on approximately 14.954 acres, located at 5198 Blacksburg Road, Catawba Magisterial District. This request is for a wedding event space in and adjacent to an existing barn structure on the property. The Planning Commission may recommend conditions to the Board of Supervisors on this new request. Page 2 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 The property is currently subject to an existing special use permit that is proposed to be removed. The existing permit allows 21 events per year, all between April 1 and October 31, with not more than 150 persons at any single event. There are also conditions limiting noise generation, lighting, signage, and parking as well as the screening of portable sanitation services. Mr. Thompson provided a PowerPoint presentation regarding the petition, including the definition of special events facility, special events use and design standards, and the existing special use permit and eight conditions placed on the property. He discussed the history of the business, including plot plan/business license approval, sign permit, complaints received, and the number of events held from April 1, 2017 through October 31, 2017. He discussed the project site and project concept plan, noting the property has both residential and agricultural uses. He discussed the proposed project, including the special events facility, barn, lighting, music, food, and sanitation. He discussed buffering of the property. He stated according to the conditions, music from instruments cannot be connected to an amplification device. He reviewed various photos of the site, including the parking area, property entrance, house, barn, buffering, signage, and portable sanitation facility. He discussed the topography, adjacent property, and zoning, noting all events take place in the AG -1 zoned area. He discussed other similar uses within the district. He discussed the future land use designation of the area which is rural preserve. Mr. Thompson discussed the review comments. He stated staff is recommending approval of the petition with six suggested conditions and newly revised concept plan. He stated the use is in compliance with the Comprehensive Plan. Mr. Thompson mentioned that the Commissioners received copies of an email from Mr. Justin St. Clair speaking in favor of the petition, an email received from Ms. Debbie Bono speaking against the petition, and incident reports provided by the Police Department. Mr. Bower inquired about the future lane use designation of the area. Mr. Thompson reviewed the future land use map. Mr. James reviewed permitted uses in the rural preserve designation. Mr. Thompson discussed this issue. Mr. Waltz inquired about the noise ordinance and not allowing amplification of musical instruments. Mr. Thompson discussed this issue, noting the petitioners had agreed to this condition. Mr. Woltz suggested using decibel levels for noise regulation. Mr. Thompson discussed issues regarding enforcement of decibel levels. Mr. Mahoney inquired about the portable sanitation facility. Mr. Thompson discussed the location of the portable sanitation facility on the property. Mr. Mahoney inquired about the parking area. Mr. Thompson discussed the parking area. Mr. Woltz inquired if guests were allowed to park in the rear of the property. Mr. Thompson stated the petitioners have cattle in the middle field. Mr. Henderson inquired about unshielded lighting. Mr. Thompson discussed the existing dusk to dawn light. Ms. Kimberly Bolden stated she has had eighteen events in 2017 between April and October which have all been beautiful. She stated some of her clients have Page 3 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 come from other states to use her facility including Maine and California. She provided copies of reviews from her clients. She stated she has tried to comply with the County regulations, noting she would like to request that parking or drop- off be allowed in the rear for handicapped guests. She stated they do keep the fire lane open. Mr. Bower inquired about sanitation facilities. Ms. Bolden discussed the use of the portable sanitation facility and the restroom in the barn, noting 80-100 is the perfect number of guests. She stated that the most guests she has had at an event was 115. Mr. Bower inquired about parking not being allowed on Blacksburg Road. Ms. Bolden stated her guests do not park on Blacksburg Road. She requested that handicapped guests and vendors be allowed to pull through for drop-off. Mr. Bower inquired about issues with the amplification restriction. Ms. Bolden stated they had a complaint regarding this issue but police came and determined there was no problem. Mr. Bower asked if parking and amplification restrictions are agreeable with the petitioner. Ms. Bolden affirmed she was agreeable with the restrictions. She stated the dusk to dawn light was placed on the barn by her father years ago. She stated she uses rope lights, grapevine lights, and Edison bulbs, noting she is not asking for more lights. Mr. Woltz asked if the light on the barn is still a dusk to dawn fight. Ms. Bolden stated the light is still a dusk to dawn light. Mr. James inquired if vehicles pulling around to the back of the facility could be allowed. Mr. Thompson deferred the question to Mr. Murphy, Zoning Administrator. Mr. Murphy and Mr. Thompson agreed this would be a staff level issue. Mr. Murphy inquired about the number of times per event this would this occur. Ms. Bolden stated this would occur approximately two times per wedding. She noted she does not want anyone to park in that area but only to be allowed to circle around. Mr. Mahoney inquired if anyone has been stuck in the parking area. Ms. Bolden stated no one has been stuck in the parking area. Mr. Mahoney opened the public hearing for public comment. Ms. Debbie Bono, 5180 Blacksburg Road, stated she has no issue with the dusk to dawn light. She discussed the concept plan and parking issues. She stated double evergreens have not been done, noting everything else but that was done. She asked that the plantings be enforced. She stated she does not have a problem with the request for vehicles to pull through. She stated the business is not in the right place and incompatible with rural preserve designation. She stated her walls vibrate during events, noting nearby neighbor, Mr. Hensley, also stated his walls vibrate during events. She stated that at the previous Planning Commission Public Hearing, former Planning Commissioner, Mr. Don Butzer stated bicyclists can be heard talking from roadway. She discussed protecting the quality of life for the people who live in the area. She stated the porta-john on the property was not screened until September 11, 2017. She stated people are going into the house during events. She stated the petitioners need to comply with regulations. She referred to an opinion provided by Mr. Ken Cuccinelli, Former Attorney General of Virginia, that the structure has to be the primary use, noting the house is an event hail. She stated the brides go into the house. She stated the law is clear and the property has to be brought up to Page 4 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 code. She stated this is not the right place for this use. She stated the Virginia Tech Sustainability Facility deals with crops and agricultural uses. She stated those that live in the area count also. Mr. Harold Wingate, 10077 Catawba Road, stated he owns the Homeplace Restaurant, Catawba, Virginia. He stated he is delighted to recommend a place for wedding events in the area. He discussed the difficulty of having weddings at the Homeplace Restaurant because most wedding events are on Saturday which conflicts with the set-up of his business. He stated they have had no ill-effects from the events and have no problem with it being there. Mr. Sherrill Smith, 3201 Golf Colony Drive, stated he owns Catawba Mercantile LLC, 4905 Catawba Valley Drive. He stated he welcomes the petitioners into the valley. He stated he has known the petitioner all his life and has no problem with the use. Ms. Millee Jorge, 5126 Blacksburg Road, stated she opposes the petition because of the noise, noting it is a residential area and not a business area. She stated they bought their parcel so they could live in the quiet of the country. She stated she is concerned about the noise since her husband is an ICU physician and sometimes needs to sleep during the day. She stated they can hear the noise from the events when their windows are open. She stated she is pleased with the petitioners' success but the venue is not appropriate for this use. Mr. Thomas Wells, 166 Huntington Boulevard, stated he is a photography vendor who has photographed events at the petitioners' facility. He stated it is the calmest and quietest venue of all others. He stated it is noise the neighbors are not use to but it is the quietest. He stated residents are saying it is not place for this use although 500 feet away would be appropriate in Village Center designation. Mr. Ben Bono, 5180 Blacksburg Road, stated they moved to this area twenty-five years ago for peace and quiet. He stated the petitioners have amplified music until 10:00 p.m. or later. He stated that they are 600 feet away from the venue and cannot have friends visit during events. He stated they only have seven weekends to enjoy peace and quiet. He stated the use is incompatible with the agriculture district. He stated they have not abided by the special use permit and requested they revoke the special use permit. Mr. Don Broyles, 90 Sapphire Avenue, Christiansburg, Virginia, stated his daughter was married at this facility on August 26, 2017. He stated this venue is a barn. He stated the petitioners have done an exceptional job, noting they took good care of them during the event. Ms. Donna Montgomery, 6090 Newport Road, stated she hosted a rehearsal dinner for her son at this venue. She stated friends returned to the area to hike and eat at the Homeplace Restaurant after the event. She stated the property is Page 5 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 beautifully manicured. She noted the events are supporting Catawba Valley. She stated the event pictures are wonderful. She stated it would be nice to have an acoustic guitar be amplified. Ms. Traci Beckner, 509 Duxbury Lane, stated her daughter was married at this venue in September, 2017. She stated her daughter had previously hiked at McAfee Knob. She stated they had a disc jockey for the event. She stated the petitioner guided them through the process. She stated weed eating was done by the Bonos during the wedding which drowned out the music from the wedding. Ms. Louise Garman, 8430 Gravel Hill Road, stated the events have been an asset to the community. She stated the petitioners are a respectable family trying to make a go of it. She stated Catawba has always been a place where neighbors help neighbors. With no other citizens requesting to speak, Mr. Mahoney closed the public hearing. Mr. Bower inquired if the building meets requirements. Mr. Morgan Yates, Building Commissioner, stated it is his opinion that the facility is still a farm structure, noting it is exempt from building code. He stated his decision was held up unanimously by the Virginia Building Code Board. Mr. Bower inquired about buffering. Mr. Thompson stated it is in general conformance with the concept plan, noting it meets the requirements of the Zoning Ordinance. Mr. Bower inquired if it meets Type C buffering. Mr. Murphy discussed the concept plan, use and design standards, and Type C buffering. He discussed the buffering on the property, noting the buffering was approved by staff in April, 2017. Mr. Bower inquired about traffic issues. Mr. Thompson stated he has not received any complaints regarding traffic issues. He discussed VDOT`s regulations regarding traffic on Blacksburg Road, Mr. Bower inquired how many people reside in the house. Mr. Thompson stated complaints were received about guests being in the house. He stated the fire marshal's determination was the house could not be used without acquiring a change of use. He stated they now use the upper portion of the barn. Mr. Woltz discussed how rural property is changing, noting people are moving away from farms and rural areas. He stated landowners are trying to keep and preserve their farms. He stated that the property across the street from this venue has lights and loudspeakers. He stated the petitioners have done a beautiful job with rural property. He stated an acoustic guitar being amplified would make the event venue better. Mr. James stated the wedding venue in Vinton is very successful and has had no complaints. Mr. Thompson stated he is unaware of any complaints regarding the Vinton venue. Mr. James inquired if the petitioner has addressed all issues as requested. Mr. Thompson affirmed the applicant has addressed all issues. Mr. James inquired about enforcement of regulations. Mr. Thompson stated that would be done by planning staff, fire marshal, police department, and building inspectors. Mr. Page 6 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 James inquired about the petitioner's willingness to comply with regulations. Mr. Thompson stated she is willing to comply. Mr. Henderson noted he was not on the commission when the previous case was heard. He stated he owns agricultural property. He stated this use is basically agritourism, noting this use meets the statute. He discussed the importance of the new generation seeing the rural areas. He noted things are going to change. Mr. Woltz made a motion to recommend approval of the request with the following special use permit conditions: 1. Concept Plan Conformance: The site shall be developed in general conformance with the concept plan title Triple J Farms Events Concept Plan dated December 1, 2017. 2. Signage: Signage shall be limited to one freestanding sign measuring thirty square feet in size and ten feet in total height. Digital and LED sign faces are prohibited. 3. Noise: Using or operating loudspeakers or microphones shall only be allowed between the hours of 7:00 a.m. and 10:00 p.m. Loudspeakers, if used, shall be positioned so that sound is directed away from neighboring residences. Musical instruments shall not be connected to loudspeakers or any other sound amplification device. 4. Lighting: All exterior fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or a residential use type. The intensity at adjoining streets or a residential use type shall not exceed 0.5 foot candles. 5. Parking: Parking shall be prohibited on Blacksburg Road. 6. Portable sanitation services: Portable sanitation services shall be fully screened from public view. Mr. Thompson clarified the six conditions and Mr. Waltz affirmed his motion. Mr. James noted the use is in conformance with the Comprehensive Plan. Mr. Bower inquired about allowing vehicles to pull through when needed. Mr. Thompson stated this issue will be dealt with on a staff level. He stated the petition meets the special events definition and guidelines. He stated it is in conformance with the Comprehensive Plan and a catalyst for agritourism. Mr. Mahoney noted the applicant is in conformance with the Comprehensive Plan, the use is consistent with the June 16, 2017 Zoning Ordinance amendment. He stated they have heard from some speakers about noise and incompatibility which they have attempted to mitigate the issues with the six conditions. Mr. Woltz stated it is a way to introduce people back into the country. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: Page 7 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 2, 2018 AYES: Bower, Henderson, James, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, January 23, 2018. Citizens' Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Thompson stated the VDOT Public Hearing regarding improvements on Route 419 will be held from 4:30 p.m. — 6:30 p.m. on January 25, 2018, at Cave Spring Middle School, 4880 Brambleton Avenue. Mr. Thompson stated a special meeting with Roanoke County Planning Commission and Roanoke City Planning Commission will be held at 12:00 noon on January 5, 2018, at the Noel C. Taylor Municipal Building, 215 Church Avenue. With no further business or comments, Mr. Mahoney adjourned the meeting at 8:57 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission Philip Th mpson Secretary, Roanoke County Planning Commission Paul Mahoney Chairman, Roanoke County Planning Commission Page 8of8