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HomeMy WebLinkAbout9/4/2018 - Minutes4 1141, e"m4t Of Jq"M#& YAW "N PLANNING COMMISSION PUBLIC HEARING MINUTES SEPTEMBER 4,20 18 Commissioners Present: Mr. Wayne Bower Mr. Rick James Mr. Paul Mahoney Mr, Jim Woltz (arrived after approval of minutes) Commissioners Absent: Mr. Troy Henderson Staff Present: Mr. Philip Thompson, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Ms. Megan Cronise Ms. Becky James Ms. Tara Pattisall Ms. Bailey DuBois Mr. Brian Hughes Ms. Susan McCoy, Recording Secretary Guests: Ms. Liz Belcher, Roanoke Valley Greenway Project Coordinator Ms. Lindsay Webb:, Parks Planning and Development Manager Work Session Mr. Mahoney called the meeting to order at 4:01 p.m. Approval of Agenda Mr. Bower made a motion to approve the agenda, which passed 3-0. Approval of Minutes Mr. James made a motion to approve the minutes of July 10, 2018, which passed 3-0. Consent Agenda Mr. Thompson provided an overview of the petition of Horace Obenchain, including a brief history of the petition. He reviewed the concept plan, zoning, and future land use designation. Mr. Hughes provided an overview of the petition of Richard Atkinson and Kay Atkinson, including a brief history of the petition, current zoning, and future land use designation. Mr. Hughes and the Commissioners discussed allowable uses and the proposed use of the property. Mr. Bower made a motion to approve the consent agenda, which passed 4-0. Page 1 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 Citizen Comments There were none. Commissioners' and Staff Comments Mr. Thompson and the Commissioners discussed the prospective Planning Commission and Board of Supervisors 2019 meeting schedule. Mr. Mahoney adjourned the meeting for site viewing and dinner at 4:11 p.m. EVENING SESSION Mr. Mahoney called the Public Hearing to order at 7:00 p.m. Mr. Waltz gave the invocation and led the pledge of allegiance. 1. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District, located at 4053 Aerospace Road, Vinton Magisterial District. Ms. James presented the staff report, including a brief history of the petition, current and proposed zoning, and future land use designation. Mr. James inquired about the current use of the property. Ms. James stated there is an independent building still on the site which would be an accessory structure to the main dwelling when built. Mr. Mahoney inquired about the property entrance way. Ms. James discussed property access. Mr. Bower inquired about well and septic on the property. Ms. James noted well and septic approval would be required from the Roanoke County Health Department if a new residence is constructed. Mr. Mahoney opened the public hearing for public comment. With no citizens requesting to speak, Mr. Mahoney closed the public hearing. Mr. James made a motion to recommend approval of the request. Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, James, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Mahoney stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, September 25, 2018. 2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a Special Use Permit in a AR, Agricultural/Residential, District to construct buildings on a parcel without public road frontage per Section 30-23-5(B) of the Roanoke County Zoning Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave Spring Magisterial District. Mr. Hughes presented the staff report, Page 2 of 11 ROANOKE. COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 including a brief history of the petition, current zoning, and recommended conditions. Mr. James inquired about by -right permitted uses for the property. Mr. Hughes discussed the by -right permitted uses for the property. Mr. James inquired about traffic. Mr. Hughes discussed traffic and parking at the center. Mr. Mahoney inquired about screening. Mr. Hughes reviewed the map and concept plan with the Commissioners. Ms. Sabrina Garvin stated they are permitted by State and Federal agencies to restore all wildlife to their proper environment. She discussed returning the animals back into the wild. She stated they provide care for the animals twenty- four hours per day, seven days a week. She stated some of the staff members are students from Virginia Tech, Virginia Western Community College, Bridgewater College, University of Virginia, and University of Michigan. She stated some of the students have gone on to the Smithsonian Institute and veterinarian schools. She stated they are stewards of wildlife and want to train the next generation. Mr. James inquired about hours of operation. Ms. Garvin discussed this issue, noting their normal hours are 9:00 a.m. - 5:00 p.m., seven days a week. Mr. James inquired about the suggested conditions. She affirmed the suggested conditions are acceptable. Mr. Bower inquired about the raptor rehabilitation building. Ms. Garvin stated the raptors need to build pectoral strength. She stated the Federal regulations require that the raptors have 100 feet to rehabilitate, noting currently injured raptors have to be sent two hours away for rehabilitation. Mr. Mahoney inquired about the building specifics. Ms. Garvin stated four raptors can be in the building together, noting species cannot be mixed together. Mr. Mahoney inquired about the maximum number of raptors. Ms. Garvin noted the maximum number of raptors would be seven. Mr. James inquired if there was a shortage of raptor rehab facilities. Ms. Garvin discussed the limited availability of facilities in the State. Mr. Woltz inquired about the design of the building. Ms. Garvin affirmed the proposed design is the best for raptor rehabilitation. Mr. Mahoney opened the public hearing for public comment. Ms. Elizabeth Haley, 5985 Coleman Road, stated she is a staff naturalist. She stated she has helped many birds nationwide. She discussed birds which could use the raptor building, including the bald eagle, common raven, American kestrel, golden eagle, merlin, and northern saw -whet owl. She discussed statistics regarding raptors which are currently at risk. She noted the center cannot fix nor solve all conservation issues but can help conserve and protect what is at risk while educating the public about problems the wildlife are facing. Ms. Jessica Wilson, 5001 Glenvar Heights Boulevard, stated she has worked at the center since 2015. She stated the center is one of three centers west of Richmond which provides services to the Roanoke Valley and surrounding areas. She stated the center needs the raptor building. She stated it would allow the center to offer triage for injured raptors and long-term care during their recovery. Page 3 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2418 She stated they are forced to send many of the raptors to Waynesboro. She stated travel and delayed treatment places stress on the birds and reduces their chances of recovery. She discussed issues regarding increased traffic, noting an alternative to decrease dust would be to have the road paved. She stated increased traffic reflects the center's importance in the community. She stated the center will likely not get more raptors than it already does in a regular season but they would have the facilities to give them the care they need. She asked that they consider the benefits the raptor enclosure would have on the community. Ms. Lydia Hoeppner, 5793 Scenic Hills Drive, stated she grew up down the street from the center, spending over six years volunteering and working at the center. She stated the work which has been done at the center is incalculable. She stated everything the center does is the result of necessity. She stated the center was started in the basement of Ms. Garvin's house. She stated over time more patients came through the doors. She stated the Garvins purchased the new property to keep up with the patient load. She stated the property has made a difference in the care by allowing them to handle over fifteen hundred cases. She stated the flight pen could be the difference in survival for local raptors. She stated animals are brought from all over Southwest Virginia because they are the only center for hundreds of miles that have the knowledge, specialized care, and facilities required to care for them. She stated they have to send many raptors two hours away which causes stress and destabilizing for the raptors. She stated they received an overwhelming response from the community for the right to build this cage. She stated it should be the duty of the government to see the validity, importance, and necessity of their cause. Mr. Adrian Maver, 5946 Coleman Road, stated that Ms. Garvin and the Zoning Administrator are bullies. He stated their side of the story is patently false. He stated the Planning Commission should provide the checks and balances. He stated he has a farm in Bedford which takes care of orphaned and fraught horses. He discussed traffic on the road. He stated he has been using a camera and has digital evidence of traffic for June, July, and August. He stated he implores the Commission to do the right thing and to be the checks and balances on this proposal. Mr. Mahoney inquired about the document that Mr. Maver provided to the Commissioners. Mr. Maver reviewed the document he stated was titled site plan which came from the County office in a F41A request. He stated that after they started asking questions, the Building Commissioner denied the center's request for a permit. He stated Zoning had approved the raptor cage. Mr. Stan Seymour, 5942 Coleman Road, and owns 5960 Coleman Road, stated he purchased his property on August 22, 2004, which is ten years before the Garvins purchased their property. He stated when he heard about the size and closeness of the building, he asked Ms. Garvin to sit down to talk. He discussed the location of the raptor cage. He discussed landscaping. He discussed road maintenance, including issues regarding dust and speed limit. He stated the County has attempted to conduct mediation sessions three times, noting all three Page 4 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 times the Garvins shut down the meetings. He stated the County staff has been subjective and narrow in scope. He stated County Code is being ignored. He discussed case law from the Virginia Supreme Court, City of Emporia v. Mangum. He discussed veterinary clinic definition and non -conforming use. He stated County Code Section 30-23-2(B) is being interpreted entirely wrong. Ms. Judy Loope, 3158 Forest Acre Trail, stated she is a retired teacher, noting she has volunteered at the center for eight years. She discussed the mission statement, noting as Director of Education for the center for the last three years, she primarily works with teaching care and respect of native species. She stated she uses non -releasable animals to educate people. She stated the option for non -releasable animals was euthanasia or being trained as partners in a licensed facility. She stated the human partners only interpret the animals' stories. She stated each program introduces the participants to several of the wild ambassadors. She stated they share natural history, personal stories, lessons on conservation, and how to help and protect wild animals. She stated the center has provided 250 programs to 11,000 attendees since 2015. She discussed education programs which are presented to schools and other organizations. She stated the ambassador animals need to be kept healthy, including proper diet, medical care and exercise. She discussed the importance of exercise by flying for raptors. She stated having a flight pen would allow the center to fulfill that health need. Dr. W. Austin Spruill, 5949 Coleman Road, stated he has lived at this address since 1996. He stated it has been a peaceful neighborhood. He stated all parties support the work and value of this use but the close proximately concerns them. He discussed traffic, including volume increase, safety, and noise. He stated there have been near misses at mailboxes. He stated some vehicles continue to speed, noting noise and dust are nuisances. He discussed health concerns, including deceased animals, infection, and waste. He stated the center needs to move to a more remote area in Southwest County. Mr. Mahoney inquired about the location of Dr. Spruill's property. Dr. Spruill showed the location of his residence on the map. Ms. Cheri Lankford, 5832 Kirk Lane, stated she is a licensed wildlife rehabilitator. She stated wildlife rehabbers are provided no funding, noting they receive some donations. She stated they cannot afford to provide pick-up service. She stated they are required to work with a veterinarian. She stated they have strict requirements to follow from Game and Inland Fisheries, including requirements for cages and waste. She stated most people will not take a raptor to Waynesboro, noting they will let it die. Mr. Brian Boggs, 731 Cherrywood Road, discussed a flight center he had seen in Alaska. He stated the raptors need space to develop their wings. He stated the area needs the rehab and the raptor cage to hone their skills and strength. He stated the raptors are very solitary animals and do not create issues. He stated trucks create the issues, noting there will be more of a need for the rehab as truck traffic increases. Page 5 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2818 Ms. Tamiah Palmer, Ferrum College, stated she was a summer intern at Southwest Virginia Wildlife Center. She stated she had hands on experience helping the animals and birds. She stated her major is environmental science and wants to become a wildlife rehabber. She stated the center will help her get experience. She stated the raptor building will help them get more hands on experience Dandling raptors. She stated some of the raptors were sent to Waynesboro. She stated it is stress for the raptor and greatly reduces their chances of survival. Dr. Diane D'Orazio, 6024 Poage Valley Road, stated she has been the veterinarian of record since the center opened at its current location in 2014. She stated in 2015 the center became a licensed veterinarian facility providing care solely to native wildlife. She stated they have also developed a relationship with Virginia Tech which provides wildlife medicine training for fourth year veterinarian students and veterinarian volunteers. She stated animals are held in Virginia Tech's "wildlife ward" and are then transported to the center for further care. She stated the center participated in a deer project at Virginia Tech that studied Lyme's Disease in fawns. She stated the center has helped collect ticks for research projects at Old Dominion University and University of Georgia which affect humans locally and globally. She stated they continue to develop and nurture relationships with government agencies, educational institutions, and civic organizations. She stated since 2014 they have treated over 7,000 injured, orphaned, or sick wildlife patients. She stated their caseload continues to grow. She discussed digital x-ray equipment which was donated to help evaluate patients without transporting them. She stated they now have an opportunity to improve care through creating the raptor flight building. She stated the majority of their patients are birds. She stated they have seen about 400 raptors since 2014. She stated the flight building would allow the raptors to have physical therapy in a more natural setting and be released faster. She stated they need to be able to feed themselves where they can find live prey. She stated cameras will allow staff to evaluate the raptors. She stated currently raptors have to be transported to the Wildlife Center of Virginia which adds to stress level and is a burden to the that facility's space and resources. She stated the flight building would provide a means of exercising our education ambassadors. She asked that the center be allowed to complete this project. Ms. Beverly Binner, 6531 Brookhaven Court, stated there are other faces to this dispute. She stated her property borders Coleman Road. She stated her road is a cul-de-sac and she thought her kids would be safe on the road. She discussed traffic issues on Coleman Road. She stated she has property rights, too. She stated her neighbors have moved. She stated the County needs to protect the home and safety of families. Ms. Diane McBroom, 364 Morgan Drive, stated she is a wildlife rehabber. She stated humans have built our roads through the animal meadows and put homes on top of the animals' homes. She stated the center and the raptor building gives back to the animals. She stated it is a benefit to all to save the animals. Page 6 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 Mr. Gary Greer, 3475 Chickasaw Drive, stated he transported animals for the Southwest Virginia Wildlife Center to Wildlife Center of Virginia in Waynesboro, Virginia. He discussed issues regarding transporting the birds. With no other citizens requesting to speak, Mr. Mahoney closed the public hearing. Mr. Woltz inquired about the non -conforming issues. Mr. Lubeck stated some structures have been built, noting permits were issued in error. He stated the County advised the applicants of issues and asked that the issues be corrected. Mr. Bower inquired about the number of raptors being transported to Waynesboro per year. Ms. Garvin stated approximately 16 to 17 raptors are transported to Waynesboro each year. She discussed data from 2016-2017, noting they have not calculated current year data yet. She stated the heavy seasons are fall and summer. Mr. Bower inquired about disposal of waste and deceased animals. Ms. Garvin discussed waste removal, noting a local crematory picks up deceased animals for cremation. Mr. James inquired about the distance of the private road. Mr. Hughes stated the distance from the end of Coleman Road to the wildlife center is 859 feet. Mr. James inquired about residences on Coleman Road. Mr. Hughes stated there are three residences on Coleman Road. Mr. James inquired about access from Dr. Spruill's property to Eastshire Court. Dr. Spruill explained the Groves did not exist when he purchased his property. He stated the Groves were never meant to join Eastshire Court. Mr. Woltz inquired about permitted uses. Mr. Thompson discussed AR zoning and permitted uses. Mr. Woltz stated the center has been of benefit to the area. He stated they have used his property to release wildlife. He discussed the organization's dedication to this cause. He stated the area near the center has always been rural in nature. He stated the use fits within the zoning and special use permit. Mr. Mahoney stated he has known Mr. and Mrs. Seymour. He stated they invited him to their home and to walk the property. He discussed decisions made by County staff. He stated Mr. Seymour provided a brief and interpretations. He discussed the private road or easement issues, which he noted would need to be resolved by a judge. He discussed the proximity of the raptor facility to the property line and the impact on Mr. Seymour. He discussed the side yard setback of 15 feet which was expanded to 30 feet with screening and buffering. Mr. Mahoney stated the wildlife center invited him to tour their facility. He stated the Commission also viewed the site during a site visit. He discussed the issues regarding residents of the Groves. He stated he appreciated the briefs which were provided with the packet. He discussed County Code Section 30-23-5 regarding non -conforming use. He discussed his interpretation is that this is limited for development of a non -conforming lot. He discussed zoning, future land use designation, and by -right uses. He discussed potential impacts to the Groves regarding traffic. He stated he does not see the impact of the raptor Page 7of11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 building as the biggest impact of by -right uses. He discussed the two conditions which attempt to mitigate adverse impacts. Mr. James discussed the special use application, noting it would not have been needed if Coleman Road was a state maintained road. He discussed that the center did not have a complaint against them until this year. Mr. Woltz made a motion to recommend approval of the request with conditions as discussed: Concept Plan Conformance: The site shall be developed in general conformance with Special Use Permit Concept Plan (Exhibit A) for Roanoke Wildlife Rescue prepared by Lumsden Associates, P.C. dated April 25, 2018. 2. Screening: A double row of large evergreen trees shall be planted along the western property line from the existing driveway to the existing vegetation shown on the Special Use Permit Concept Plan, which is approximately 100 feet. The large evergreen trees shall be a minimum of 6 feet tall above grade when planted and shall be spaced 20 feet on center. Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, James, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Mahoney stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, September 25, 2018. Mr. Mahoney stated there will be a recess which began at 8:47 p.m. He reconvened the meeting at 8:56 p.m. 3. Proposed amendments to the Roanoke County Zoning Ordinance regarding sign regulations. The proposed amendments would: add, amend, and delete definitions associated with sign regulations in Article II (Definitions and Use Types); and would add, amend, or delete development standards associated with the County's sign regulations in Article V (Development Standards). Ms. James presented the staff report regarding the amendments, including a brief history of the amendment process. She stated the County had sent the proposed changes to the stakeholders for input but did not receive any suggested changes to the proposed amendments. Mr. Mahoney stated the Commission had numerous work sessions to discuss the proposed sign regulations. Mr. Mahoney opened the public hearing for public comment. With no citizens requesting to speak, Mr. Mahoney closed the public hearing. Page 8 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2018 Mr. James made a motion to recommend approval of the Zoning Amendments (Signs) as presented. Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, James, Mahoney, Woltz NAYES: None ABSTAIN: None 4. Proposed amendment to the Comprehensive Plan the Roanoke County Comprehensive Pian. The proposed amendment would incorporate the 2018 Roanoke Valley Greenway Plan into the County's comprehensive plan. Ms. DuBois presented the staff report. Mr. James stated the County is very fortunate to have Ms. Liz Belcher, Roanoke Valley Greenway Project Coordinator, champion the effort to provide greenways to the valley. Ms. Mahoney inquired about the most difficult issues encountered during the development of the greenways. Ms. Belcher discussed the difficulty acquiring right-of-way on government lands. She stated all localities have difficulty acquiring budgeting for maintenance funding. She stated the intense rain has created issues which require rebuilding or repairing the greenways. Mr. Woltz inquired about incentives available to assist with acquisition of right-of- ways. Ms. Belcher noted landowners are paid to provide right-of-way on their properties. Mr. Woltz thanked Ms. Belcher for doing an incredible job for the valley. Mr. Mahoney opened the public hearing for public comment. With no citizens requesting to speak, Mr. Mahoney closed the public hearing. Mr. Bower made a motion to recommend approval of the Greenway Plan as presented. Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, James, Mahoney, Woltz NAYES: None ABSTAIN: None Citizens' Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Mahoney stated he will be unavailable to attend the October 2, 2018 Planning Commission Public Hearing. Mr. Thompson discussed topics to be discussed at the September 18, 2018 Planning Commission Work Session. Page 9of11 ROANOKE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 4, 20'18 Final Orders 1. The petition of Laurel Crest, LLC to rezone approximately 3.27 acres from AR, Agricultural/Residential, District to R-3, Medium Density Multi -Family Residential, District, to construct 20 townhouses and 2 single family attached dwellings on properties located at 5356 and 5372 Indian Grave Road, Cave Spring Magisterial District, was approved by the Board of Supervisors at a Public Hearing on July 24, 2018. 2. The petition of Western Virginia Regional Industrial Facility Authority and Lewis Living Trust to rezone 113.6 acres from 1-1, Low Intensity Industrial, District and R-1, Low Density Residential, District to PTD, Planned Technology Development, District, for the development of a Technology Park located in the 7600 to 7900 blocks of Wood Haven Road and the 7200 block of Thirlane Road, Catawba Magisterial District, was approved by the Board of Supervisors at a Public Hearing on July 24, 2018. 3. Proposed amendments to the Roanoke County Zoning Ordinance dealing with agritourism activities The proposed amendments would: add definitions for agritourism, farm brewery, farm distillery, and farm winery in Article II (Definitions and Use Types); add agritourism, farm brewery, farm distillery, and farm winery as permitted by right uses in the AG -3 Agricultural/Rural Preserve District, AG -1 Agricultural/Rural Low Density District, AR Agricultural/Residential District, and AV Agricultural/Village Center District in Article III (District Regulations); add use and design standards for agritourism, farm brewery, farm distillery, and farm winery, and amend use and design standards for special events facility in Article IV (Use and Design Standards); and add minimum parking required standards for agritourism, farm brewery, farm distillery, and farm winery, and amend the parking area surface standards for agricultural and forestry use types in Article V (Development Standards), was approved by the Board of Supervisors at a Public Hearing on August 28, 2018. With no further business or comments, Mr. Mahoney adjourned the meeting at 9:17 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission 6; P 1,_'7 J Philip TV6mpson . Secretifry, Roanoke County Planning Commission Page 10 of 11 ROANOKE COUNTY PLANNING COMMISSION MINUTES Paul ahone Chairman, Roanoke County Planning Commission Page 11 of 11 SEPTEMBER 4, 2018