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HomeMy WebLinkAbout11/30/2020 - MinutesAN ROANOKE COUNTY PLANNING COMMISSION 1'838 No Aw NOVEMBER 30, 2020 Commissioners Present: Mr. Wayne Bower Mr. Rick James Mr. Troy Henderson Mr. Kelly McMiurray Mr. Jim Woltz Staff Present: Mr. Philip Thompson, Secretary Ms. Rachel Lower, Senior Assistant County Attorney Ms. Rebecca James Ms. Alyssa Dunbar Ms. Susan McCoy, Recording Secretary Call to Order Mr, James called the meeting to order at 7:01 p.m. He gave the invocation and led the pledge of allegiance. ARRL2MRL2LAq2nLa Mr. McMurray made a motion to approve the agenda, which passed 5-0. Approval of Minutes Mr. Bower made a motion to approve the November 2, 2020 minutes, which passed 5-0. Mr. Woltz made a motion to approve the November 16, 2020 minutes, which passed 4- 0-1, with Mr. Henderson abstaining. Consent Agenda Mr, Thompson provided a PowerPoint presentation for the petition of Kent Wheeler, including a brief history of the property, current zoning, topography, and future land use designation. Mr. Thompson and the Commissioners discussed the proposed actions on the two separate tracts of land. Mr. Henderson made a motion to approve the consent agenda, which passed 5-0. Public Hearing 1. The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District. Ms. Dunbar presented the staff report and provided a PowerPoint presentation, including a brief history of the property, surrounding property uses, topography, and property ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 30, 2020 access. She stated the existing building is not visible from the road. She stated the petitioner plans to use the property for a small plumbing company with approximately six employees. She reviewed the zoning history, noting the property was split -zoned, 1-1 and AG -1 for over forty years. She stated the requested rezoning is not consistent with the Comprehensive Plan. Mr. Bower inquired about allowable uses in AV (Agricultural Village) districts. Ms. Dunbar stated the proposed use is allowed in AV zoning. Mr. James noted that although AV zoning would be more consistent with the future land use designation of Conservation, the property was zoned for industrial use for over forty years. Mr. Michael Fielder, 1950 Poplar View Road, discussed the history of the property, topography, and current site plan. He stated the existing building cannot be seen from the road. He stated he does not understand why the property cannot go back to 1-1 zoning. He stated his a long-term plan is to have a veterinary clinic for his grandson at this location, noting that currently he is interested in working with the trades business. He stated he would like to put the zoning of the property back as it was. Mr. Woltz stated that having known the Mr. Fielder for years, he cares about his tenants. He stated the property is isolated and could be utilized for a business use. Mr. Fielder stated he wants the property for a small business. Mr. Henderson asked the petitioner if the property was changed to AV would he still want 1-1 zoning. Mr. Fielder noted the property was previously zoned 1-1. Mr. James stated the Commission is charged to follow the Comprehensive Plan as closely as possible, noting he was reluctant to downzone the property to AG -1 during a previous action. He stated the AV zoning is a potential solution to bring it into compliance and allow the proposed use requested. Mr. Bower inquired about future use of the property. Mr. Fielder noted his grandson wants to be a veterinarian and he wants him to be able to have a veterinary office on the property. Mr. Thompson stated a veterinary office is a by -right use in both AV and 1-1 districts. He reviewed permitted uses in both districts. He stated if the Commission chooses to rezone the property to AV, the petitioner's request for 1-1 would remain the same for the Board of Supervisors Public Hearing with the Commission's recommendation for AV zoning. He stated residential use is allowed in AV but not in 1-1 zoning. Mr. James requested that staff provide a copy of the permitted uses for AV and I- 1 zoning for the petitioner to review during the recess. Mr. James opened the public hearing for public comment. Mr. James called for a 10 minute recess to receive comments via phone or email which began at 7:32 p.m. He reconvened the meeting at 7:47 p.m. Mr. Thompson stated no calls or emails were received during the recess. Mr. James closed the public hearing for public comment. Page 2 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 30, 2020 Mr. James inquired about uses available in 1-1 that are not allowed in AV. Mr. Thompson reviewed the handouts comparing permitted uses for 1-1 and AV. He discussed the differences in the two zoning districts. Mr. Woltz inquired about auto repair use in these districts for the proposed business. Mr. Thompson discussed this issue for both districts. Mr. Henderson inquired about use and design standards for the proposed use in both districts. Mr. Thompson reviewed the use and design standards, noting Type C buffering is required for AV if it abuts residential use types. Mr. James asked the petitioner if he had any questions about AV or 1-1 districts. Mr. Fielder stated the property was industrial zoning for a long time. He stated 1-1 is what he would like but he believes AV would work for the proposed use. Mr. James asked the petitioner if he would like to delay action on the petition. Mr. Fielder stated he would like to move forward with the Commission's decision. Mr. Thompson stated the property was zoned M-2 prior to 1992 and possibly back to the 1980's. Mr. Woltz noted the petitioner prefers 1-1, noting they can incorporate AV in their recommendation. Ms. Lower and Mr. Thompson discussed various options with the Commission. Mr. Bower discussed the difficulty of having consistency in zoning designations and wanting to follow guidelines. Ms. Lower and the Commission discussed procedural issues. Mr. James made a motion to recommend approval of the rezoning request. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, James, Henderson, McMurray, Woltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on December 15, 2020. 2021 Meeting_ Schedule, Mr. Thompson and the Commissioners discussed revisions to the meeting schedule. The consensus of the Commission was to change September meeting dates to August 31, 2021 Planning Commission Public Hearing and September 20, 2021 Planning Commission Work Session. Citizen Comments There were none, Commissioners' and Staff Comments Mr. Thompson discussed topics for future meetings. Final Orders 1. The petition of Appalachian Power Company and the Roanoke County Economic Development Authority to review a proposed substation and overhead transmission lines per Section 15.2-2232 of the Code of Virginia for Page 3 of 4 ROANOKE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 30, 2020 consistency with the County's Comprehensive Plan, located within the Roanoke County Center for Research and Technology at 5495 Corporate Circle, Catawba Magisterial District was approved by the Board of Supervisors at a Public Hearing on November 18, 2020. 2. The petition of Milestone Tower Limited Partnership IV to rezone approximately 9.55 acres from R-1, Low Density Residential, District to AR, Agricultural/Residential, District and to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 137 feet in height, located at 420 Swan Drive, Vinton Magisterial District was denied by the Board of Supervisors at a Public Hearing on November 18, 2020. With no further business or comments, Mr. James adjourned the meeting at 8:19 p.m. Respectfully Submitted: C� Susan McCoy Reco ecretary, Roanoke County Planning Commission 'J. Anlv—�� Philip Thfimpson Secret y, Roanoke Cgenty Planning Commission Rick James Chairman, Roanoke County Planning Commission Page 4 of 4