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HomeMy WebLinkAbout12/2/2019 - MinutesROANOKE COUNTY PLANNING COMMISSIOK 38 PUBLIC HEARING MINUTES DECEMBER 2, 2019 Commissioners Present: Mr. Wayne Bower Mr. Troy Henderson Mr. Rick James Mr. Jim Woltz Staff Present: Mr. Philip Thompson, Secretary Ms. Mary Beth Nash, Senior Assistant County Attorney Ms. Becky James Ms. Cecile Newcomb Ms. Alyssa Dunbar Mr. Will Crawford Mr. Isaac Henry Ms, Susan McCoy, Recording Secretary EVENING, SESSION Mr. Henderson called the Public Hearing to order at 7.00 p.m. He gave the invocation and led the pledge of allegiance. Approval of Agenda Mr. Bower made a motion to approve the agenda, which passed 4-0. Approval of Minutes Mr. Woltz made a motion to approve the minutes of October 15, 2019 and November 4, 2019, which passed 4-0. Consent Agenda There were no consent agenda items. Public Hearing Petitions 1. The petition of Bane International Company, LLC to obtain a Special Use Permit in a AG -3, Agricultural/Rural Preserve, District to operate, a campground on approximately 48.06 acres, located at 2745 Loch Haven Lake Drive, Catawba Magisterial District. Ms. James presented the staff report including a PowerPoint presentation, including a brief overview of the petition. She reviewed current zoning, surrounding uses, and future land use designation. She reviewed applicable regulations and regulatory agencies for the proposed use. She discussed input received at the community meeting, including concerns regarding: access, noise, trash, use of proposed parking area, business, plan, and operation of campground. She reviewed the revised concept plan and suggested conditions. ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2019 Mr. James inquired about buffering. Ms. James discussed this issue. Mr. Woltz inquired about use and design standards. Ms. James discussed the suggested conditions. Mr. Henderson inquired about all -terrain vehicle (ATV) use on the property. Ms. James discussed this issue, noting she did not believe ATVs would be allowed on the property. Mr. Woltz inquired about regulations regarding primitive campgrounds. Ms. James stated only tents would be allowed. Mr. Woltz inquired about recreational vehicles (RV). Ms. James noted the applicant does not want RVs in the campground. Mr. James stated AG -3 district regulation do not separate between types of camping. He noted there are other uses which are more intensive and allowed by right, including commercial kennel and custom manufacturing. He stated he is surprised the campground requires a special use permit in this district. Mr. Woltz inquired about the process needed if applicant wants to change density in the future. Ms. James discussed this issue, noting if they wanted cottages on these sites it would be a density issue. She stated they would have to apply for a special use permit for that use and have approval from the health department. Mr. Ben Crew, Balzer and Associates, Inc., introduced Mr. Gene Bane, Ms. Becky Bane, Mr. Ember Bane, and Mr. Blaine Elliott. Mr. Blaine Elliott stated Bane International Company, LLC has owned the property for eighteen years. He stated they have events and a healthy membership, noting the property is an outdoor oasis. He noted they have made many improvements to the property, including a picnic shelter and a chalet for weddings. He stated there is a need for campgrounds in the area. He stated there are many outdoor activities in the area. He stated the concept is for primitive tent camping with each site having a fire ring and place to pitch a tent, noting they revised the concept plan. He stated it will be a phased development plan, starting small with five to ten sites and growing into no more than thirty-six sites. He stated they will develop sites as needed, noting they will keep the neighbors in mind. He stated they plan to add trees for more buffering. He stated they will carefully manage the facility, noting someone will be onsite twenty-four hours a day, seven days a week. He stated quiet hours will be 10:00 p.m. to 7:00 a.m. He stated they will conduct inspections of the campground with daily trash pickup, noting the dumpster will be bear proof and off-site. He stated it will be an oasis for outdoor enthusiasts. Mr. Crew stated they are sensitive to the environment and the neighbors, noting they have worked with staff to create the framework for the conditions. He stated input was received at the community meeting which has made the project stronger. He reviewed the development of each suggested condition. He reviewed the revised concept plan which proposes thirty-six sites, noting originally they planned to construct forty sites. He stated the intent is not to be a big RV park. He stated the existing gate can only be used in certain circumstances. He discussed noise regulations. He stated no campsites will be within fifty feet of the property line. He discussed buffering, noting they want to fit into the fabric of the existing site. He stated they plan not to maximize density and stay within the Page 2of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2019 proposed three to four acres, noting they are using approximately one-half of what is allowed. Mr. Woltz inquired about the campsites. Mr. Crew stated each campsite will have a fire ring and tent pad, noting there would be no water at each campsite. Mr. Henderson inquired about restroom facilities. Mr. Crew stated portable restrooms would be available in compliance with health department standards. He stated the portable restrooms will be screened from view. Mr. James inquired about the years the club has operated. Mr. Crew stated it has been operating at least since 1935. Mr. Woltz inquired about water availability. Mr. Crew discussed this issue, noting water is available within the club which serves the membership. Mr. Bower inquired about lighting. Mr. Crew discussed this issue, noting there would be no hardwired lighting. Mr. Bower inquired if parking at the current tennis court would be adequate. Mr. Crew discussed parking accommodations. He stated each campsite would have one space for parking. Mr. James inquired about the concept plan and development of tent pads. Mr. Crew stated they plan to maintain existing vegetation as much as possible, noting there may be minor grading for each tent pad. Mr. James inquired about evergreen screening. Mr. Crew discussed installing the evergreens, and grading the road for maximum screening potential from the evergreens. Mr. James inquired about development timeline. Mr. Crew discussed this issue, noting they will likely begin developing on the lakeside first. Mr. Henderson inquired if RVs and ATVs would be permitted in campground. Mr. Crew stated the club has rules and regulations, noting RVs are not allowed. He stated they are willing to add no ATV can be used by patrons in the campground. Mr. Henderson asked if ATVs are currently used on the property. Mr. Crew stated staff members currently use ATVs but no patrons will be allowed to use an ATV while on the property. Mr. James inquired about quiet hours. Mr. Thompson and Ms. Nash discussed the regulations within the County noise ordinance. Mr. Bower inquired if the neighbors had any issues regarding noise with the existing operation. Mr. Elliott stated none that he could recall. Mr. Woltz inquired about the number of events which are held at the club. Mr. Elliott stated he was unsure of exact number events. Mr. Henderson opened the public hearing for public comment. Colonel David Lofgren, 3024 Timberview Road, stated he is within direct sight and hearing of the property. He stated the club has not been a good or bad neighbor. He stated the proposed use would cause a reduction in property values. He stated the use is a major issue for the residents. He stated there are County recreational areas at both ends of Timberview Road. He stated Timberview Road is poorly maintained. He stated the County has received easements for trails from people who do not live there. He stated he has been at his current address since 1995. He stated they have lived with day use only at the club with no issue to their property values. He stated the club is separated by outcroppings and hilltops. He stated it will degrade the tranquil lifestyle. He asked if the new use would be a separate entity from the club. He inquired about phasing, stating the applicant says one thing and the application says another, He stated Explore Park already has three types of camping within the County. He stated the distance between the parking area Page 3 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2019 and campsites does not fit primitive camping. Mr. Lofgren submitted a signed petition and two photo exhibits to the Commissioners and staff. He stated Exhibit A shows the power line where vegetation has been cleared down to the ground so the existing forest buffer does not exist. He stated Exhibit B shows the proximity of the homes to the campsites. He stated the diagrams are from existing maps and surveys made in the past. He stated the amendment to the application talks about the evergreen buffering but it does not extend beyond the first two campsites. He stated you will be able to see the campground from his driveway and his neighbor's driveway. He stated campers would use the rear exit to hike and bike on Timberview Road to get to the recreational area at the end of the road. He stated Loch Haven Lake is separate and only partly used, noting the club would be separate from the campground. He stated the Commissioners should look at the issues as if it was their homes. Laura Spafford, 3218 Timberview Road, discussed a forest fire which occurred near her home in February, 2008. She stated a fire fighter came to their door to inform them they had to evacuate. She stated they were fortunate they did not lose their home or animals, noting the experience still shakes her to her core. She stated the risk of campfires in a campground is preventable. She discussed the risk, noting they live in the middle of the woods. She stated the party campers could flip cigarettes on a windy day and start fires. She stated the campers will not care. She stated the answer to the request should be no. Jami Weidmann, 2980 Timberview Road, discussed the location of her home, noting her home borders the lake. She stated the applicant shows on the slides (12-18) that the club is part of the proposal. She stated the applicant told homeowners that campers would not be allowed to use club facilities and the campground would be a separate entity. She stated it worries the homeowners if the campers only have portable restrooms because they might come to their homes if they need personal items. She staffed Mr. Crew alluded that the campers would be allowed to use the club facilities but they were directly told they would not be allowed to use those facilities. She stated she wants to know response time of the police and fire and rescue departments. She discussed her concern regarding trespassers. She stated a house previously burned to the ground because fire department could not get there fast enough. She stated being a fire hazard is a big issue. Tim Phillips, 3010 Timberview Road, stated he is in the apex of the curve on Timberview Road next to Colonel Lofgren. He discussed the placement of the campground regarding road safety. He discussed his concerns regarding fire, noting he has lived in his residence twenty-five years. He stated there are no operating procedures for the proposed use. He stated nine houses will be detrimentally impacted. He stated he is not resistant to change or good development but using forty-eight acres is violating the spirit of the regulations. He stated the lights of the cars in the parking lots will shine over the ridge. He stated this use is his definition of bad development. He stated he is opposed to the petition. Page 4 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2099 With no other citizens requesting to speak, Mr. Henderson closed the public hearing. Mr. Woltz inquired about acreage needed. Mr. Crew stated they will need a minimum of ten contiguous acres. He reviewed the location of the acreage. Mr. Woltz inquired about preferred access to the campground. Mr. Crew stated they will enter from Loch Haven Road like other members and stop at the office. He stated amenities and infrastructure are in place. He staffed they would proceed up the drive to the campsite. He stated you cannot exit onto Timberview Road. Mr. Woltz inquired about the width of the campground road. Mr. Crew stated it would be a one-way loop approximately 12 feet wide. He discussed the flow of traffic on the road. Mr. Woltz inquired about topography and the internal roadway. Mr. Crew discussed this issue. Mr. James inquired about availability of bath and restroom facilities for campers. Mr. Crew stated portable restrooms will be available within the campground. Mr. James inquired if campers would have access to the club. Mr. Crew stated not all places, noting they can use the lake and trails. Mr. James inquired about the use and emergency access from Timberview Road. Mr. Crew stated Loch Haven Road will be the access, noting it is straighter and striped. He stated the club is unique because it is between two public roads. He stated historically the access has been used only for residents of Timberview Road if there is snow or a tree has blocked the road. Mr. Woltz inquired about phasing. Mr. Crew stated it was a checkbox on the application, noting there was no intent to mislead the public. Mr. Bower inquired about fire concerns. Mr. Crew stated they talked with the Fire Marshal onsite to make sure they meet regulations. Mr. Bower inquired about the gate being locked at Timberview Road access and emergency access if needed. Mr. Elliott stated the Fire Marshal walked the grounds and told them the type of fire rings to use. He stated he discussed regulations and fire suppressant requirements. He stated a key will be available from the onsite employee. Mr. Crew stated most fire and rescue departments have master keys. He recommended a Knox -Box lock for fire and rescue access. Mr. Bower inquired about maintenance. Mr. Crew stated the fire inspector is allowed to come without notice for an inspection. Mr. Woltz inquired if the club currently has any fire pits. Mr. Elliott stated they have had them for many years for picnics and outdoor activities. Mr. Woltz inquired about how many people would be on each campsite. Mr. Elliott stated approximately two to four people would be at each campsite. Mr. Henderson inquired about portable restroom screening. Mr. Crew stated he is unsure of requirements for screening, noting that they will be screened. Mr. Henderson inquired about the Health Department regulations for garbage disposal and refuse collection. Mr. Elliott reviewed the requirements. He stated they have a dumpster and bear proof containers. Mr. Bower inquired if they had met with VDOT. Mr. Elliott stated they have contacted VDOT. Mr. Henderson inquired about including in the conditions the campground would be limited to thirty-six primitive campsites. Mr. Thompson noted the ordinance does not define primitive. Mr. Woltz requested to include no ATV use allowed by campground patrons. Mr. Thompson and the Commission Page 5 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2079 discussed this issue. Mr. Woltz discussed power line right of way and size of buffer. Mr. Crew discussed buffering, noting they are providing two layers of buffering. Mr. Woltz stated he understands the residents do not want the area to change. He noted the use compliments what currently exists at the site. Mr. Bower stated the use would compliment what is already there. He stated he has heard the opposition but they need to look at the facts. He stated the applicant has listened and responded. Mr. Woltz noted other uses allowed in the zoning district could be worse than the proposed use. Mr. Henderson made a motion to recommend approval of the special use permit with the following conditions: 1. The campground shall be developed in substantial conformance with the concept plan entitled "Loch Haven Lake Campground" prepared by Balzer and Associates, Inc., dated October 8, 2019, and revised November 22, 2019, subject to any required changes during the site plan review process. 2. The maximum number of campsites shall be 36 campsites. 3. No recreational vehicles shall be operated by patrons within the campground including ATVs (all -terrain vehicles). 4. The existing gated access on Timberview Road shall remain closed to vehicular access except when needed for emergency response vehicles or to allow access to Loch Haven Road if Timberview Road is blocked or closed. Pedestrian and bicycle access shall be allowed via Timberview Road. 5. No generators shall be operated within the campground. 6. The existing 50 -foot vegetated buffer shall remain along Timberview Road as shown on the concept plan entitled "Loch Haven Lake Campground" prepared by Balzer and Associates, Inc., dated October 8, 2019, and revised November 22, 2019. 7. Large evergreen trees shall be provided along the western side of the campground as shown on the concept plan entitled "Loch Haven Lake Campground" prepared by Balzer and Associates, Inc., dated October 8, 2019, and revised November 22, 2019. The evergreen trees shall be planted in a staggered pattern with a minimum spacing of 20 feet on center with a minimum height of 6 feet above grade when planted. Mr. James stated he is conflicted, noting he has no problem with the use. He stated he is disappointed this use requires a special use permit. He stated the applicant has listened and made appropriate changes. He stated it complies with the Comprehensive Pian, noting he does not think it will have a detrimental impact on the property values. He stated it bothers him that fifty-nine signatures on the petition along with people who spoke are against the petition. Page 6of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES DECEMBER 2, 2019 Mr. Thompson called the roll and the motion passed (3-1) with the following vote: AYES: Bower, Henderson, Woltz NAYES: James ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, December 17, 2019, at 7:00 p.m. Citizens' Comments A citizen stated the County should pay for property appraisals if the campground is approved. Mr, Henderson explained it was not within the purview of the Planning Commission to authorize that request, Comments of Planning Commissioners and Planning Staff Mr. Thompson and the Commissioners discussed the 2020 Planning Commission Meeting Schedule. The Commissioners unanimously approved the 2020 Planning Commission Meeting Schedule with changes as discussed. Mr. Thompson and the Commissioners discussed upcoming meetings. The Commissioners unanimously voted to cancel both December 17, 2019 and January 7, 2020 Planning Commission Meetings. Final Orders 1. The petition of David and Stace Todd to obtain a special use permit in a R-1, Low Density Residential, District to comply with the use and design standards associated with an accessory apartment in an accessory building on approximately 0.346 acre, located at 1047 Barrens Village Court, Hollins Magisterial District was approved by the Board of Supervisors at a Public Hearing on November 19, 2019. 2. The petition of Fellowship Community Church to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C -2C, High Intensity Commercial, District with conditions, located near the 6500 block of Merriman Road, Cave Spring Magisterial District was approved by the Board of Supervisors at a Public Hearing on November 19, 2019. With no further business or comments, Mr. Henderson adjourned the meeting at 9:11 p.m. Respectfully Submitted: Susan McCoy Recording Secretary, Roanoke County Planning Commission Page 7 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES Philip Th mpson Secretaify, Roanoke County Planning Commission Troy He rson(�.�'` Chair , Roanoke County Planning Commission Page 8of8 DECEMBER 2, 2019