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HomeMy WebLinkAbout10/2/2018 - MinutesCommissioners Present: Mr. Wayne Bower Mr. Rick James Mr. Troy Henderson Mr. Jim Woltz Commissioners Absent: Mr. Paul Mahoney OCTOBER 2, 2018 Staff Present: Mr. Philip Thompson, Secretary Ms. Mary Beth, Nash, Senior Assistant County Attorney Ms, Tara Pattisall' Ms. Susan McCoy, Recording Secretary Call to Order Mr. James called the Public Hearing to order at 7:00 p.m. Mr. James gave the invocation and led the pledge of allegiance. Approval of Agenda Mr. Woltz, made a motion to approve the agenda, which passed 4-01. Approval of Minutes Mr. Bower made a motion to approve the September 4, 2018 minutes, which passed 3- 04, with Mr. Henderson abstaining. Mr. Henderson made a motion to approve the September 18, 2018 minutes, which passed 3-0-1, with Mr. Bower abstaining., Approval of Consent Agenda Mr, Thompson provided an overview of the petition for Richard Atkinson and Kay Atkinson, including a brief overview of the petition and revised application with updated concept plan. Mr. Woltz made a motion to approve the consent agenda, which passed 4-0. Public Hearing 1. The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG -3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive:, Catawba Magisterial District, Ms. Pattisall provided the staff report, including a brief history of the petition, zoning, ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 2, 2018 and future land use designation. She stated that she received several inquiries from the citizens. Ms. Martha Obenchain stated she and her husband, Mr. Horace Obenchain, want to make the property into pasture land. Mr. James opened the public hearing for public comment. Mr. Kenneth Perdue, 4877 Poor Mountain Road, owns property 4080 Barley Drive. He stated two of the parcels owned by the petitioner are Tract 12 and Tract 13 of the West Salem Forest Subdivision. He discussed the covenants which are applicable to these properties for fifty years from 1983. He stated the petitioner is not upgrading the property. He stated 40-50 acres of excavation needs to be supervised. He discussed stormwater management regulations which require a permit. He stated the petitioner has overlooked local and State regulations, noting the petitioner has been receiving fines for ground disturbance. He discussed erosion and sediment issues which flow downhill affecting streams which flow into the Roanoke River. He stated both wells and septic systems are being affected by sediment. He stated the roadways are considered private drives. Mr. James explained the petition which is before the Planning Commission is a land use issue only. Mr. Thompson discussed grading on the property which Commissioners viewed during the site visit. He noted the Roanoke County Development Services Department has applied a stop work order on the site. He stated Parker Design Group, Inc. sent a letter to the County regarding the stormwater and erosion and sediment plan for the property at the request of the petitioner. He discussed the future land use designation and allowable uses in AR and R-1 zoning. Mr. James noted written comments sent by Ms. Nancy Ward, 4115 Barley Drive, and Ms. Andrea Fillbrunn, 4125 Barley Drive, have been provided to the Commissioners. Mr. Richard Ward, 4115 Barley Drive, stated he and his wife have lived at their residence since 1991. He stated the area is peaceful with schools nearby and without traffic. He stated dump trucks are going down the shared private road sometimes over 100 times per day. He stated he has over 600 photos of the traffic. He stated the dump trucks come onto his driveway and pass each other going outside the road. He stated they are carrying gravel and dirt. He stated he is concerned because the petitioner has been in violation by hauling dirt in and out of the property while living there. He stated the rezoning would allow the petitioner to justify his activity. Mr. Gary Slate, 4105 Barley Drive, stated the road is private road. He stated if the property is rezoned it will open the area up to other uses. He stated that if the petitioner sells the property what would the next buyer do. He stated they are Page 2 of 6 ROANOKE COUNTY PLANNING COMMISSION {MINUTES OCTOBER 2, 2018 bombarded with dust from the traffic. He stated they have a camera recording traffic even at night. He stated they like the area being a neighborhood. Ms. Kim Slate, 4105 Barley Drive, stated she is concerned about the wet weather pond on her property. She stated the petitioner continues moving stuff and 3 feet of dirt is in the pond now. She stated the dump trucks are full of tires and stumps. She stated they have been on the road at 11:30 p.m. She stated the road is falling apart, noting both the public and private roads are cracked. She stated the dump trucks come about every four minutes and have to wait or pass each other. She stated the dust is heavy due to the traffic. She stated the narrow road cannot handle anymore destruction with the addition of cattle and logging. She discussed issues regarding noise, noting everyone is concerned about the use of the petitioner's property. Ms. Anita Anderson, 4071 Barley Drive, stated sediment has increased at her house. She stated the road is in pieces. She discussed the traffic issues created by the dump trucks. She discussed safety concerns regarding young drivers on the narrow road near the blind curve, noting it is not a good situation. She stated the truck drivers do not give other vehicles room. She stated if the petitioner was only going to have cattle, they would not care. Mr. George Fillbrunn, 4125 Barley Drive, stated bulldozers, tractors, and trucks tear the road apart. He stated there are drainage ditches on either side of the road. She stated the police department has stated they cannot do anything about traffic since it is a private road. He stated he has had cattle on his property illegally. He stated he has lived at his home for five years, noting it is R-1 zoning and not zoned for business. Mr. James Nobles, 4145 Barley Drive, stated his property is closest to the petitioner's property at 4165 Barley Drive. He requested to be allowed to provide written information to the County at a later time. Mr. Robert Shupe, 4051 Barley Drive, stated if the petitioner was going to just have cattle he would not be concerned. He stated the petitioner has a reputation not to do what he says he will do. He stated most of the parcels in the subdivision are 8-12 acres each. He stated the R-1 zoning allows them to keep the area the way the neighborhood likes it. He stated the road is getting torn up, noting the trucks pass each other in the grass. He stated he has owned his property since 2001. He stated the subdivision was developed in 1983. Mr. Woltz inquired if there is a road maintenance agreement. Mr. Perdue provided a maintenance agreement document for the Commissioners and staff to review. He stated the neighbors pay a fee every year to maintain the road. Mr. Shupe stated a portion of Barley Drive is State maintained and a portion is privately maintained. With no other citizens requesting to speak, Mr. James closed the public hearing. Page 3 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 2, 2018 Mr. James inquired about permitted uses. Ms. Pattisall discussed this issue, noting logging would be a permitted use in AG -3 zoning. She stated grading of any property has to be approved by the County. Mr. Woltz inquired about allowable animals in R-1 zoning. Ms. Pattisall discussed this issue. Mr. James discussed his concern regarding the condition of the State and private roadway and covenants. Ms. Pattisall noted the County is not involved with the enforcement of covenants. Mr. James inquired about the noise ordinance. Ms. Pattisall discussed the noise ordinance, noting the police department enforces those regulations. Mr. Bower inquired about gravel on a portion of the property. Ms. Pattisall stated the back portion of the property is denuded. Mr. Bower inquired about use of the property. Ms. Pattisall discussed industrial uses and erosion and sediment control regulations. Mr. Bower inquired about property violations. Ms. Pattisall stated a stop work order has been placed on the property, noting civil penalties will accumulate if the petitioner does not comply with the order. Mr. James inquired about impact on subdivision if the two parcels within the subdivision are rezoned. Ms. Pattisall discussed this issue. Mr. James forwarded the covenants document to Ms. Nash for review. Ms. Obenchain stated cattle were already on the property when they moved to the property. She stated none of their trucks were out on the road at 11:30 p.m., noting it may have been Blue Ridge Beverage trucks. She discussed maintenance of the road, noting her husband buys milling and another neighbor takes care of it. She stated none of the other neighbors have done maintenance to the roads. Mr. James inquired about the agreement to restore the roads. Ms. Obenchain stated that to her knowledge there is not an agreement. She stated they are trying to make the property pastureland. She discussed a report regarding the petitioner not feeding the cattle. She stated they want to farm the land until they die. Mr. Woltz inquired how much more fill does the petitioner need and how much traffic would be created. Ms. Obenchain stated dump trucks are not working on our property. She stated dirt is being hauled for Blue Ridge Beverage, noting it would take about one year to complete. Mr. James inquired about the engagement letter from Parker Design Group, Inc. Ms. Obenchain stated they are in the process but have not signed the contract, noting she thought it would be okay until the property was rezoned. Mr. Henderson inquired about the status of the contract and erosion and sediment permits. Mr. Thompson stated staff can research this issue. Mr. Henderson noted both agricultural and residential zoning will require erosion and sediment control permits. Ms. Obenchain stated she has been trying to talk with the County, noting they are not going to do anything to hurt the people living below them. Ms. Nash stated she would like more time to review the documents. Mr. Thompson stated it is prudent for legal staff to review the supplemental documents and information received. He noted the County does not enforce covenants. Mr. Bower inquired about the comprehensive rezoning of this area. Mr. Thompson stated the comprehensive rezoning occurred in 1992. Ms. Nash stated the original covenants were adopted in 1983, noting the supplemental covenants were adopted in 1993. Mr. James noted the Planning Commission studies land use issues. He discussed issues involving grading, covenants, and Page 4of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 2, 2018 road maintenance. He stated he would like to have more information regarding these issues. Mr. Woltz suggested the petitioner consult with an attorney regarding his property. Mr. Henderson made a motion to postpone action on the petition until the November 5, 2018 Planning Commission Meeting: Mr. Thompson called the roll and the motion passed (4-0) with the following vote: AYES: Bower, Henderson, James, Woltz NAYES: None ABSTAIN: None Citizen Comments There were none. Commissioners' and Staff Comments There were none. Final Orders 1. The petition of 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, was approved by the Board of Supervisors at a Public Hearing on 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, was approved by the Board of Supervisors at a Public Hearing on September 25, 2018. 3. Proposed amendment to the Roanoke County Comprehensive Plan. The proposed amendment would incorporate the 2018 Roanoke Valley Greenway Plan into the County's comprehensive plan, was approved by the Board of Supervisors at a Public Hearing on September 25, 2018. With no further business or comments, Mr. James adjourned the meeting at 8:24 p.m. Respectfully Submitted: L Susan McCoy Recording Secretary, Roanoke County Planning Commission Page 5of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES A4 Philip Th/hps q�on )s Secretary, Roanoke Coun Planning Commission Paul Mahoney Chairman, Roanoke County Planning Commission OCTOBER 2, 2018