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HomeMy WebLinkAbout1/5/2021 - Minutes• -M Mr. Wayne Bower Mr. Troy Henderson Mr. Rick James JANUARY 5, 2021 Mr. Kelly McMurray (arrived after approval of the minutes) Mr. Jim Woltz Staff Present: Mr. Philip Thompson, Secretary Mr. Peter Lubeck, County Attorney Ms. Becky James Ms. Alyssa Dunbar Mr. Isaac Henry WORK SESSION Mr. James called the meeting to order at 5:02 p.m. Approval of Agenda Mr. Woltz made a motion to approve the agenda, which passed 4-0. Approval of Minutes Mr. Henderson made a motion to approve the November 30, 2020 minutes, which passed 4-0. Consent Agenda Mr. Henry discussed the petition of Zye Reinhardt and Gavin Reinhardt, including a brief overview, use and design standards, surrounding zoning, and future land use designation. Mr. Thompson discussed the property access. He stated adjoiner letters will have more detailed information and be sent to a larger number of properties since a community meeting will not be held due to Covid19 issues. Mr. Thompson, Ms. James, Mr. Henry, and the Commissioners discussed building code regulations, property access, and guest parking. Ms. Dunbar provided a brief overview of the R. J. Fralin, Inc. petition, including concept plan, adjacent zoning, future land designation, and property access. Mr. Thompson and the Commissioners discussed surrounding zoning, other potential uses for the property, topography issues, and traffic impacts analysis. Mr. Thompson noted the development of the property will impact both Roanoke County and Roanoke City. Mr. Thompson and Commissioners discussed property access, topographical issues, and density issues. Page 1 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 5, 2021 Mr. Thompson provided a brief overview of the Oak Grove Center Plan. Mr. Thompson and the Commissioners discussed the timeline and procedural issues for the plan. Mr. Thompson stated Roanoke City Planning Commission will hold a separate public hearing for the Oak Grove Center Plan. Mr. James made a motion to approve the consent agenda, which passed 5-0. Election of Officers Mr. Thompson opened the floor for nominations of chairman and vice-chairman for the 2021 calendar year. Mr. James nominated Mr. Bower for chairman and Mr. McMurray for vice-chairman. No other nominations were received and the Commission voted 5-0, for Mr. Bower as chairman and Mr. McMurray as vice-chairman for the 2021 calendar year. Citizen Comments There were none. Commissioners' and Staff Comments Mr. Thompson stated the Western Virginia Water Authority is in the process of updating its water and sewer master plan. Mr. Thompson stated the Economic Development Department is developing a strategic plan, noting Virginia Tech is assisting them with the plan. Mr. Thompson reviewed topics to discuss at future meetings. Mr. Lubeck discussed wearing face coverings when not speaking at meetings. Mr. James adjourned the meeting at 6:00 p.m. for dinner. EVENING SESSION Mr. Bower called the meeting to order at 7:02 p.m. He gave the invocation and led the pledge of allegiance. Mr. Lubeck reviewed the Governor's ruling regarding wearing of face masks and limitations for indoor seating. 1. The petition of Kent Wheeler to rezone approximately 13.023 acres from R-1 C, Low Density Residential, District with conditions to 1-2, High Intensity Industrial, District and to rezone approximately 14.483 acres from 1-2, High Intensity Industrial, District to AGA, Agricultural/Rural Low Density, District, located at and near 5454 Aerospace Road, Vinton Magisterial District. Mr. Henry provided a PowerPoint presentation, including aerial map, zoning, and future land use designation. He provided photos of the property access and existing buildings. He reviewed previous zoning of the property prior to 1990. He stated the proposed rezoning from 1-2 to AGA is consistent with the future land use designation, noting the proposed rezoning from RAC to 1-2 is not consistent with the current future Page 2 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARYS, 2021 land use designation of Conservation. He stated the property is currently being used for an industrial use. Mr. Kent Wheeler stated his intent regarding the rezoning request. He provided a history of the property. He stated part of the property is attached to R-1 zoning. He discussed issues regarding being able to build on the R-1 zoned property, including a condition requiring a 50 foot buffer if developed. He stated potential buyer which is an adjacent property owner would like to build a house on the property which they want to rezone from 1-2 to AG -1. He stated they will essentially be swapping potential property uses by rezoning the property. He stated he and his son want to expand the current business which is on the property, noting they have no plans to build at this time. He noted he wants to get the zoning corrected so his son will have no issues in the future. Mr. Bower opened the public hearing for public comment. Mr. Bower called for a 10 minute recess to receive comments via phone or email which_began_at 7:20 -p.m. He reconvened the meeting at 7.34 p.m. Mr. Thompson stated no calls or emails were received during the recess. Mr. Bower closed the public hearing for public comment. Mr. Bower stated that the requested rezoning appears to be swapping uses of the properties, noting that less than an acre of industrial use land will be lost by rezoning of the property. Mr. James discussed the history of the property, noting the petitioner did not realize the impact of the 1990 rezoning on his property. He discussed the need to support this local business. Mr. Woltz noted it will allow the business to expand. Mr. James 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, Henderson, James, McMurray, Woltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, January 26, 2021. 2. Proposed amendments to the Roanoke County Zoning Ordinance. The proposed amendments would: amend the application requirements, and time limitations in Sec. 30-19 Special Use Permits in Article I (General Provisions); add definitions for temporary construction yard and short-term rental, and amend the definition for home beauty/barber salon in Article II (Definitions and Use Types); add religious assembly as a permitted use in the AG -3 Agricultural/Rural Preserve District, add commercial indoor amusement as a permitted use in the C-2 High Intensity Page 3 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 5, 2021 Commercial District, and add short-term rental as a permitted use in the AG -3 Agricultural/Rural Preserve District, AG -1 Agricultural/Rural Low Density District, AR Agricultural/Residential District, AV Agricultural/Village Center District, R-1 Low Density Residential District, R-2 Medium Density Residential District, C-1 Low Intensity Commercial District, and C-2 High Intensity Commercial District in Article III (District Regulations); add use and design standards for short-term rental, and amend the use and design standards for home beauty/barber salon, and multi- family dwelling in Article IV (Use and Design Standards); and amend Sec. 30-100- 2 dealing with yard, setback, coverage, and height requirements, and add a new section on temporary uses including standards for temporary construction yards in Article V (Development Standards). The proposed amendments would also amend various sections in Article 1, Article I II, Article IV, and Article V changing department of community development to department of development services and/or department of planning. Mr. Thompson provided a PowerPoint presentation regarding the proposed amendments, including a summary of the amendments. He stated the proposed amendments include correcting inconsistencies, updating information, and clarifying regulations. He stated the amendments include new and revised regulations for Home Beauty/Barber Salon, Short-term Rentals, Temporary Construction Yard, and Yard Encroachments. He stated they also include changing uses from special use to by -right use for religious assembly and commercial indoor amusement. Mr. Thompson reviewed the special use permit section which was amended in September of 2019, including under application requirements (30-19-2(C)) to delete "as approved by the board" from the requirement to show all phases of a development on a concept plan. He stated under time limitations (30-19-4) correct the subsection reference in this section due to the deletion of two subsections in the 2019 amendments. He stated updated information will include changing the Department of Community Development/Director of Community Development updated to Department of Development Services/Director of Development Services or Department of Planning/Director of Planning which are mentioned throughout Zoning Ordinance (Articles 1, ill, IV, and V). Mr. Thompson discussed clarifying regulations for multi -family dwelling including use and design standards for multi -family dwelling in C-1 and C-2 districts which were amended in 2015. He discussed amendments which allowed a multi -family dwelling to account for more than fifty percent of the gross floor area on site through the issuance of a special use permit. He stated the current amendment clarifies that a multi -family dwelling shall be allowed in conjunction with a civic, office or commercial use or as a stand along project. He discussed Home Beauty/Barber Salon amendment, including amending the definition to add "other small-scale salon services" (tanning, manicures or pedicures, temporary hair removal, massages, and other minor beauty and salon services as approved by the Zoning Administrator. He discussed amending use and design standards by adding size limitation (250 square feet), adding applicable home occupation general standards, and amending "chairs" to "customers" regarding the limits on the number of people allowed at a time. Page 4 of 7 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 5, 2021 Mr. Thompson discussed short-term rentals, including the definition, permitted uses, and use and design standards. He reviewed general standards, including obtaining a zoning permit, 30 day notification to the County if there are changes to applicant's information, expiration of the zoning permit upon change in ownership, zoning permit may be revoked by the Zoning Administrator if applicant fails to comply with regulations, and standards in R-1 and R-2 districts. He stated a special use permit will be required if the lot is less than five acres. Mr. Thompson discussed the temporary construction yard, including the definition, adding temporary uses section to Article V, intent, and temporary uses which are allowed in all zoning districts, location, zoning permit requirements, screening and buffering, revocation of zoning permit, and general standards for temporary uses. He reviewed yard encroachments, including amending Section 30-100-2 which deals with yard, setback, coverage, and height requirements. He stated ramps and other means of handicapped accessibility would be permitted in the required setback areas but must be the minimum intrusion necessary to provide access to the subject property in the opinion of the Zoning Administrator. He reviewed change of use, including allowing religious assembly as a use permitted by right in the AG -3 district and allow commercial indoor amusement as a use permitted by - right in the C-2 district. Mr. Henderson inquired about the definition and regulations of a temporary construction yard. Mr. Thompson discussed this issue, noting regulations would apply to projects which serve the public need. He discussed giving Zoning Administrator flexibility to make common sense decisions. Mr. Bower opened the public hearing for public comment. Mr. Bower called for a 10 minute recess to receive comments via phone or email which began at 8.01 p.m. He reconvened the meeting at 8.20 p.m. T_ Mr. Thompson reviewed emails which were received from citizens. Mr. Don Witt inquired about Section 30-28 Temporary Construction yard. He stated he did not see a time limitation on "temporary." He stated he did not see any time limit in Sec. 10-100-14. He stated at Penn State there were "temporary" wood framed residential dormitories built in 1943 that were still used in 1980. He inquired about Sec. 30-29-5 Short Tem Rental. He inquired if someone could rent for thirty days, skip a day, and rent for another thirty days to the same entity. He stated that this potential problem is addressed under "temporary" but not under "short term." He inquired about Sec. 30-100-14, regarding considering defining "limited duration." See 30-28 above. He inquired regarding Sec. 30-100-14 B.1.c., to consider deleting subparagraph as an unnecessary expense for a temporary issue. Ms. Sally Lemmer stated she hoped the Planning Commission would recommend the amendments pertaining to short-term rentals to the Board of Supervisors and after consideration and public hearings the Board will approve the application. She Page 5of7 ROANOKE COUNTY PLANNING COMMISSION MINUTES JANUARY 5, 2021 stated that each property owner in Hunting Hills would have to apply for a special use permit before operating a short-term rental and be subject to public hearings. She stated that it would give the Hunting Hills residents opportunities to express their concerns and hopefully have them addressed. Mr. Henderson requested public "infrastructure" project be added at end of the definition: Mr. Lubeck discussed the definition, noting there are no issues adding "infrastructure" within the definition. Mr. Bower closed the public hearing for public comment. Mr. Henderson made a motion to recommend approval of the request with one Change as discussed. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bawer, Henderson, James, McMurray, Woltz NAYES: None ABSTAIN: None Citizen Comments There were none. Commissioners' and Staff Comments Mr. Bower and the Commissioners thanked Mr. James for his service to the Commission as chairman during the past year. Mr. Thompson and the Commissioners discussed the article in the Roanoke Times regarding transportation projects. Mr. Thompson and the Commissioners discussed topics for future meetings. Final Orders 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 was approved by the Board of Supervisors at a Public Hearing on December 15, 2020. With no further business or comments, Mr. Bower adjourned the meeting at 8:42 p.m. Respectfully Submitted: &,X�(J,, Susan McCoy Recording Secretary, Roanoke County Planning Commission Page 6of7 ROANOKE COUNTY PLANNING COMMISSION MINUTES " Z- /' ✓✓' �/ P flip Tho pson Secretar.f, Roanoke Coun y Planning Commission Wayne Bower Chairman, Roanoke County Planning Commission Page 7 of 7 JANUARY 5, 2029