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HomeMy WebLinkAbout11/5/2018 - MinutesCommissioners Present: Mr. Wayne Bower Mr. Rick James Mr. Troy Henderson Mr. Paul Mahoney Mr. Jim Woltz L ff a " ilk k, [CX@j6 RIM* k NOVEMBER 5,2018 Staff Present: Mr. Philip Thompson, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Ms. Tara Pattisall Ms. Susan McCoy, Recording Secretary Call to Order Mr. Mahoney called the Public Hearing to order at 7:01 p.m. He gave the invocation and led the pledge of allegiance. Approval of Agenda Mr. James made a motion to approve the agenda, which passed 5-0. Approval of Minutes Mir. Woltz made a motion to approve the October 2, 2018 minutes, which passed 4-0-1, with Mr. Mahoney abstaining. Mr. Mahoney suggested adding wireless discussion of amendments to be included ii to the Zoning Ordinance. Mr. Thompson facilities and floodplain ordinance will each group of miscellaneous amendments. discussed this issue. facilities and floodplain ordinance to the i next group of miscellaneous amendments discussed this issue, noting the wireless be addressed in separate packets from the Mr. Thompson and the Commissioners Mr. Bower made a motion to approve the October 16, 2018 minutes as presented, which passed 4-0-1, with Mr. Henderson abstaining. Approval of Consent, Agenda Mr. Thompson stated there are no Consent Agenda items. The, consensus of the Commission was to hold a Planning Commission Work Session on December 3, 2018, beginning at 4:00 p.m. Unfinished Business 1. The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG -3, Agricuiltural/Rural Preserve, District, Page 1 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 5, 2018 located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District. Mr. Thompson stated the Commissioners have been provided with additional information regarding the petition, noting many of the issues which have been discussed are development issues. Ms. Pattisall provided an overview and update regarding petition, noting the petitioner procured an engineer who has developed a preliminary plan, met with staff, and is in the process of finalizing the erosion and sediment plans. She discussed the Declaration of Covenants and Restrictions Property Owners Agreement regarding agriculture use on two subject parcels and private road maintenance. Mr. Thompson discussed original 1983 covenants and 1993 supplemental covenants, noting the supplemental covenants applied only to certain lots and not the lots the petitioner is requesting to be rezoned. Mr. Woltz inquired about the application of the original and supplemental covenant restrictions. Mr. Lubeck reviewed both original and supplemental covenants, noting the supplemental covenants do not remove the original covenants. Mr. Thompson stated Mr. James opened and closed the public hearing at the October 2, 2018 Planning Commission Public Hearing. He stated it is the prerogative of the Commission whether or not to allow additional public input after the public hearing is closed. Mr. Mahoney stated they will allow additional public comments. Mr. Woltz noted road noise and traffic are not applicable to the current petition which is before the Commission. Mr. James noted the current petition is a land use petition. Ms. Kim Slate, 4105 Barley Drive, stated the use is horrible for the neighborhood. She stated she is concerned that the rezoning will harm the neighborhood because of additional permitted uses. Mr. Woltz stated some of the issues are outside of the Commission's jurisdiction. Mr. Thompson discussed the timeline of the development of the covenants. Ms. Slate discussed her concern regarding drainage issues in the area. Mr. Woltz stated that issue is beyond the scope of the Commission. Mr. Thompson discussed erosion and sediment issues which are being enforced by County staff. Ms. Slate inquired if the rezoning would change erosion and sediment regulations and enforcement. Mr. Thompson noted the rezoning would not change those regulations and enforcement. Ms. Slate stated the neighbors had witnessed tires being taken to the Obenchain property. Mr. Thompson encouraged Ms. Slate to contact the County and this issue would be investigated by an inspector. Ms. Slate discussed concerns regarding her pond. Mr. Kenneth Perdue, 4081 Barley Drive, reiterated original covenants, noting they are for all thirteen lots. Mr. Lubeck discussed the requested rezoning which is from residential to agricultural, noting regulations and proper permits have to be satisfied in both zoning districts. Mr. Thompson stated that if the petitioner wants to put rubbish and trash on the property it would considered a separate use and require a special use permit. He stated that type of use would currently be a violation of the Zoning Ordinance which would be enforced by the County. He stated a violation of the covenants would be enforced by the homeowners. Page 2 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 5, 2018 Mr. Perdue inquired about trees on the property. Mr. Bower noted the property is currently under a stop work order. Ms. Martha Obenchain stated a plan has been submitted by their engineer. She stated the land has not been used for tires and there has been no activity regarding storage on their property. She stated the property has not been used as a landfill. She stated her husband and two other neighbors have maintained the road for the last four years. She stated they are trying to correct issues on their property. Mr. Bower inquired about issues regarding the covenants. He also noted Blue Ridge Beverage Company, Inc. had a permit for activity on the property. Ms. Pattisall stated the work on the property has not totally been finalized. Mr. Bower discussed the current stop work order. He stated the Commission has no jurisdiction regarding the private road maintenance issue. Mr. Woltz stated the Commission has no control or jurisdiction over many of the issues discussed by the citizens, noting the role of the Commission is to consider land use issues. He stated clear covenants and restrictions are important. Mr. Henderson stated other properties in that area are subject to rezoning back to agricultural. He stated the petitioner's property is still required to be brought into compliance with County regulations. He stated agricultural zoning is the right designation and will have long-term positive impacts. Mr. Henderson made a motion to recommend approval of the request. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, James, Henderson, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on November 20, 2018. Public Hearin 1. The petition of Richard Atkinson and Kay Atkinson to rezone approximately 6.398 acres from R-1, Low Density Residential, District and AR, Agricultural/Residential, District to AV, Agricultural/Village Center, District and to obtain a special use permit for a construction yard, located at 4821 and 4835 Poor Mountain Road, Catawba Magisterial District. Mr. Thompson provided the staff report, including a brief history of the petition, surrounding zoning, land use designation, and concept plan. He discussed the topography of the properties, including areas which are in the floodplain. He discussed use and design standards, screening, noise, and hours of operation. Mr. Mahoney discussed the Commission's site visit. He stated he is concerned that the site plan shows seven parking spaces in front of the garage. Mr. Thompson suggested including in general conformance and not in substantial Page 3of6 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 5, 2018 conformance in the suggested conditions, noting the concept plan may be a different configuration. He stated the petitioner stores and works on equipment in the garage. Mr. David Helscher, Esquire, stated the petitioners have one additional employee. Mr. Mahoney stated an industrial use would be consistent with the future [and use designation. Mr. James stated he has onsite concerns regarding the proposed fence. Mr. Thompson discussed zoning designations and buffering requirements along the adjoining property lines. He stated fencing is not required unless the Commission wants to add it as a condition. Mr. Helscher discussed enforcement issues, noting the petitioner is dealing with these issues and has consulted an engineering firm regarding issues. He stated he and the petitioner had a conference with Mr. Thompson and Mr. Murphy regarding the petition. Mr. Helscher provided a brief history of the petition, including the potential addition of three buildings. He stated the petitioners will use the existing entrance to access the property. He stated the petitioners have been good neighbors. He stated adjoining property owner, Mr. Clarence Stump, 4787 Poor Mountain Road, is satisfied with buffering and does not want fencing along the adjoining property line. He stated the petitioner never intended to be in violation of County regulations. Mr. Mahoney opened the public hearing for public comment. Ms. Donna Perdue, 4879 Poor Mountain Road, stated the proposed plan does not match the area, noting she is not in favor of the request. She stated she was previously told by the County that the property would be strictly R-1. She stated the property looks like a junkyard. She stated they should be required to plant pines to block the view of the property. She stated there are large piles of timber on the property, noting the property looks like a construction yard. She stated the petitioners changed the zoning to have hogs which squealed all of the time. She stated the use is doing damage to the one lane bridge which is the only way to access her property, noting it is dangerous. Mr. Helscher reviewed the concept plan with Ms. Perdue including screening and buffering. With no other citizens requesting to speak, Mr. Mahoney closed the public hearing. Mr. Thompson, Mr. Lubeck, and the Commissioners discussed procedural issues regarding the petition. Mr. Woltz inquired about AR and AV zoning regulations on both properties. Mr. Thompson discussed this issue. Mr. James discussed the viewshed along Poor Mountain Road, suggesting using evergreens instead of deciduous trees for buffering. Mr. Thompson discussed the option of including this suggestion as part of the conditions. Mr. Helscher stated the petitioner agrees with the suggestion regarding requiring evergreens in addition to the established deciduous trees. Mr. Thompson discussed existing vegetation at 4821 Poor Mountain Road, noting staff would work with the petitioner on buffering requirements. Mr. Henderson inquired about hours of operation and the narrow bridge and road. He noted one property is currently well screened. He discussed concern regarding floodplain issues. Mr. Helscher stated the Page 4 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 5, 2018 property is in a very fluid planning process. He stated they are addressing issues now in case they want to expand in the future. He stated currently it is only the petitioners' son and one employee working at the property. He stated they are using the existing building as a guide and do not have a specific use or tenant at this time. Mr. Atkinson affirmed this information. Mr. Thompson discussed issues regarding setting hours of operation. Mr. Helscher stated if equipment breaks it may need to be repaired at that time. Mr. Henderson inquired if the petitioner has plans for expansion. Mr. Helscher stated they do not currently have plans. Mr. Woltz inquired about proposed plans for buildings outside the floodplain. Mr. Thompson discussed the elevation of the building in the floodplain. Mr. Mahoney discussed design standards under the Zoning Ordinance. Mr. Fleischer stated the current height is a 20 foot building. Mr. Henderson suggested the petitioner research the items within the ordinance. He stated maintenance and repair of equipment would be done within the building. Mr. Thompson noted some equipment repairs will have to be done outside. Mr. Thompson and the Commissioners discussed setting a height limit on buildings. The Commissioners agreed to 30 foot maximum height of the building as allowed in AV zoning. Mr. Henderson made a motion to recommend approval of the request including findings with the following condition: 1. The site shall be developed in general conformance with the Rezoning Site Plan dated June 12, 2018, and prepared by Pierson Engineering & Surveying except large evergreen trees shall be planted along the construction yard limits instead of large deciduous trees. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, James, Henderson, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Mahoney stated the Board of Supervisors Public Hearing regarding this petition will be held on November 20, 2018. Citizen Comments There were none. Commissioners' and Staff Comments Mr. Bower complimented staff on ribbon cutting presentation of Plantation Road Project — Phase L Mr. Thompson provided an update regarding Phase II of the project. Mr. Thompson stated the State of the County will be held November 13, 2018, at the Holiday Inn -Tanglewood. Mr. Thompson reviewed topics to be discussed at future meetings. Page 5 of 6 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 5, 2018 With no further business or comments, Mr. Mahoney adjourned the meeting at 8:50 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission (;�Z- 'A Philip T ompson Secretary, Roanoke County Planning Commission Paul Mahoney Chairman, Roanoke County Planning Commission Page 6 of 6