Montgomery County

Planning Commission

21 January 1998

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING

COMMISSION HELD ON JANUARY 21, 1998 IN COURTROOM B, THIRD FLOOR,

COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

Mr. Wells, Chair, called the meeting to order and Ms. Brennan, Secretary, established the presence of a quorum.

Present:Malvin Wells, Chair

Ed Green, Vice-Chair

Kathryn Brennan, Secretary

Ray Alcorn, Member

Mary Biggs, Board of Supervisors Representative

Richard Daub, Member

Michael Ewing, Member

Don Linkous, Member

Harry Neumann, Member

Joe Powers, Staff

J. Scott, Staff

Ed Davis, Staff

Phyllis Conner, Planning Department Secretary

Absent:Joe Draper, Member

Diane L. Zahm, 218 Woods Edge Court, addressed the commission on the Cedar Orchard rezoning request. She stated that no change in use should be allowed before an updated master plan has been developed for the entire Orchards property. She said if a new master plan is not undertaken, then no building permit, certificate of occupancy or other approval should be granted until a complete geologic study is completed on the subject property, no subdivision plat or development plan for the subject property should be approved without input from the Orchards Homeowners Association and the subject property should be rezoned to R-2 (and not R-3), because R-2 is more appropriate and more compatible with neighboring single family developments.

Les Waskins, 201 Woods Edge Court, presented a video to the Planning Commission for their review. He stated that he feels this video represents the land in question better than the original video presented at last week’s Public Hearing.

Mr. Tom Kaloupek presented a letter to the Planning Commission stating names of landowners on Cedar Orchard Drive that do support the proposed rezoning request changing the classification from RM-1 to R-3. They do not support the consultants plan that was presented at the Public Hearing showing six lots abutting Clay Street with driveways entering onto Clay Street because they feel this proposed layout creates a hazardous situation due to the narrow width of Clay Street at this location. They would prefer to see the developer create vehicle access to this new development via the wider Cherry Lane entrance. This would alleviate a dangerous condition and conform to the manner in which Cedar Orchard was developed.

Eric Oliver, 1540 Clay Street, addressed the commission on the Cedar Orchard rezoning request. He stated that if the Orchard’s rezoning request on the 33+ acre tract, if sold, may push Phase I into noncompliance with respect to the Code of Montgomery County, Virginia. He said that the stormwater runoff drainage improvements, including the detention basin from Phase 1 traverses and terminates on the tract to be sold.

Ellen Dove, 1492 Clay Street, addressed the commission on the Cedar Orchard rezoning request. She stated that they are opposed to the density of this development. She stated that they are concerned about the loss of their privacy as well as other landowners. They already have a problem with people trespassing on their land, even thought it is clearly posted. She ask that if this request is approved, that the developer be required to build a chain link fence at least 8 feet in height, with metal posts bedded in cement. Also, have a natural screen of trees along the whole line between her development and their land.

Brian Masnick, 1538 Clay Street, stated that he felt the commission was setting a precedent for the rest of the property if this request was approved.

Carolyn Fullerton, Draper-Aden Associates, introduced John Simon, Simon & Associates, who is working with the Cedar Orchard project. He addressed the commission on the concerns of karst features for Orchards, Phase I, and the run-off water pollution discharges into the sink holes. He stated that he had recommended to Ms. Stosser how they will come into compliance. They will keep run-off water out of the sink holes and may have to cap some sinkholes.

Al Moberg, 205 Woods Edge Court, stated that the sink holes in the Cedar Orchard development were supposed to be capped. He felt the builder did not do his job properly.

Carolyn Fullerton stated that they have requested 8 acres to be down zoned from RM-1 to R-3. Their engineering plan gave details of the development.

Debbie Echols, 221 Woods Edge Court, stated that the drainage design for Cedar Orchard development was done by Draper-Aden.

Josh Phillips, 3645 Dairy Rd, addressed the commission on the William and Lockie Greear rezoning request. He stated that he was concerned about the run-off, erosion control plan, karst areas, water quality, traffic safety and the availability of water and sewer for the project.

Jeanie Riley, Sidney Church Road expressed concern over the compatibility with the surrounding area of Riner. People would be complaining about farm smells, tractor traffic, etc. There were also concerns about compatibility with the historic district, environmental protection of the watershed and fire and public protection. The proposed development would put the new school at capacity.

Charlie Bowles, Riner, expressed concern over the development of Auburn Hills Golf Club being rezoned without sewer availability. He stated that if more development occurs in Riner, the present school that is being built will not have the capacity it needs. He felt the preservation of open space and the preservation of agriculture are not the same. He stated that Route 8 needs to be improved before any more development is done in Riner. Route 8 should be on the 6-year plan.

There being no further comments, the public address was closed.

On motion by Don Linkous, seconded by Kathryn Brennan and unanimously carried, the agenda was approved as amended. Cedar Orchard rezoning request and William and Lockie Greear rezoning request were added under Old Business.

Kathryn Brennan read the following correspondence from Mr. Johnson, County Administrator, addressed to Chair of the Planning Commission.

"At a regularly scheduled meeting of the Montgomery County Board of Supervisors held on January 12, 1998, Mary W. Biggs was appointed the Board of Supervisors’ Liaison representative to the Planning Commission and Ira D. Long was appointed Alternate."

The following item was pulled from the Consent Agenda:

(1) Minutes of December 17, 1997.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the Consent Agenda was approved for the following:

Minutes of December 10, 1997, December 15, 1997 and December 17, 1997 (as amended) meetings, and

PROPOSED RESOLUTION:

BE IT RESOLVED,That the Montgomery County Planning Commission hereby schedules a public hearing on Wednesday, February 11, 1998 at 7:00 p.m. in Courtroom B, County Courthouse, Christiansburg, Virginia for the purpose of receiving comments on the following:

1.Retirement Management Corp. (Agent: Rodney G. Crowgey) request to rezone 1.2 acres, Tax Parcel No. 106-11-4; from A-1 (Agriculture) to CB (Community Business. Property is located at 3055 Riner Road in the Riner Magisterial District.

2.Edwin B. Fast (Draper-Aden Associates) request to rezone 2.2 acres, Tax Parcel No. 51 (A) 25 from A-1 (Agriculture) to R1 (Residential). Property is located on the North side of Prices Fork Road midway between Rte. 657 and Rte. 654 in the Prices Fork Magisterial District.

OLD BUSINESS:

Cedar Orchard Rezoning Request: (Decision)

On motion by Ray Alcorn, seconded by Harry Neumann and unanimously carried, the Cedar Orchard Corp. /co Issa Deeb (Agent: Draper-Aden Associates) rezoning request was opened for discussion.

Mr. Alcorn stated that the request for rezoning 8 acres is the issue in front of the commission tonight not the concern about townhouses. He said the Comprehensive Plan encourages development where utilities are available. However, the down zoning of this request will reduce the density. Blacksburg has continually pushed back Clay Street improvements.

Ms. Brennan stated that the down zoning to Residential (R-3) is her concern. Mr. Alcorn explained that there is a mixture of housing types already in the area. Mr. Neumann asked what the dedicated right-of-way is? Mr. Powers stated 50 feet. Mr. Neumann also expressed concern over the access to Clay Street and stated that there is a substantial difference between Residential (R-2) and Residential (R-3). Mr. Green expressed concern with the down-zoning of this property and the contract between the developer and Blacksburg for public water and sewer. Mr. Wells said he can support the down-zoning but he does have concern over the access to Clay Street. Discussion followed.

A motion by Ray Alcorn and seconded by seconded by Don Linkous to recommend approval of the rezoning to Residential (R-3) provided no individual lots have direct access onto Clay Street failed by a vote of 4-4 (Kitty Brennan, Richard Daub, Ed Green and Harry Neumann opposing).

A motion by Harry Neumann and seconded by Ed Green to recommend denial of the rezoning to Residential (R-3) failed by a vote of 3-5 (Ray Alcorn, Mike Ewing, Don Linkous, Malvin Wells, Richard Daub, opposing).

On motion by Harry Neumann, seconded by Ray Alcorn and unanimously carried, the Cedar Orchard Corp/co Issa Deeb (Agent: Draper-Aden Associates) rezoning request from Multi-Family Residential (RM-1) to Residential (R-3) for 8 acres; Tax Parcel No. 41-3-1 located on the north side of Clay Street, immediately east of Cherry Lane , found the request compatible with the Comprehensive Plan and recommended approval to the Board of Supervisors provided a) that the rezoning be to Residential (R-2) instead of the requested Residential (R-3), b) that the applicant legally proffer to the Board of Supervisors that no individual lots shall have direct access onto Clay Street, c) that the applicant legally proffer to the Board of Supervisors that no mobile homes be placed on the property, and d) that the original two proffers (December 1, 1997) from the applicant not be accepted by the county.

William and Lockie Greear Rezoning Request: (Decision)

On motion by Don Linkous, seconded by Ed Green and unanimously carried, the William and Lockie Greear (Agent: Rainey Engineering) Rezoning Request was opened for discussion.

Mr. Don Rainey, Rainey Engineering, made a presentation on the changes that have been made to the master plan. He stated that these changes reflect comments from the public hearing held on January 14th. A right-turn only entrance has been added into the Post Office site after discussions with VDOT. The stables would only be used by residents of the development and would not be open to the public. The maximum number of residential dwelling units has been reduced to 259. He presented revised plats and reviewed the development plans for Auburn Village. Mr. Jerry Mabry, County Engineer, addressed the proposed utility plans and capacity for this development. Mr. Ira Long, Public Service Authority Chairman, also addressed the water and sewer issues.

Discussion followed concerning the sewer service, fire protection, set backs and road improvements for the Riner area. Mr. Alcorn gave a report on the concerns that had been discussed at the Subcommittee Meeting such as limiting entrances, residential density, review authority by special committee and compatibility with the Riner area. Ms. Brennan asked how big Riner should be since the Comprehensive Plan designates the area rural expansion? She stated that if this request is approved, she felt it will change the Riner area completely.

Mr. Green commended the developer for the great job he has done but his main concern is water and sewer for this area.

On motion by Ray Alcorn, seconded by Don Linkous and carried by a vote of 7-0 (Kathryn Brennan, not voting), the Planning Commission found the William and Lockie Greear (Agent: Rainey Engineering) Rezoning Request from Agriculture (A-1) to Planned Unit Development Residential (PUD-RES) and Planned Unit Development Commercial (PUD-COM) for 126 acres; Tax Parcel No. 119-A-32,33 located northwest of the Riner Road/Fairview Church Road intersection just north of the Riner community,compatible with the Comprehensive Plan and recommended approval to the Board of Supervisors along with acceptance of the proffered Preliminary Master Plan (dated November 24, 1997, revised January 20, 1998) provided, however, that several minor changes are made to the minimum rear setbacks for residential units.

Discussion of Draft 1998 Work Program:

Mr. Powers briefly reviewed the draft of the 1998 Work Program.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the 1998 Work Program was approved.

Mr. Wells appointed the Liaisons that served in 1997 to serve in 1998 with the exception of Ray Alcorn to serve Liaison for the Economic Development Commission and Mr. Neumann will serve as alternate Liaison for the Town of Blacksburg.

Mr. Scott gave a review of the building permits during 1997.

Board of Supervisors:

Ms. Biggs stated that she had invited the Board of Supervisor members to the 4th Wednesday of each month Planning Commission Work Sessions on the revision of the Zoning Ordinance.

Blacksburg Planning Commission:

Mr. Green reported that the vacating of unbuilt alleys were items discussed at their meeting. One request was recommended for approval and one withdrawn.

Christiansburg Planning Commission:

Mr. Alcorn reported that the Roger Woody rezoning request behind Hill’s was recommended for approval at their meeting. At a second meeting held, the Town Council tabled the request.

Capitol Improvements Program:

Mr. Neumann reported that the first meeting was held last Wednesday to review requested projects. Further meetings are scheduled for January 29th and February 12th.

Economic Development Commission:

None

Public Service Authority:

Mr. Daub reported that the Alleghany Springs Water project, Rt. 177 water and sewer, Shawsville plant expansion, Riner sewer plan, Bellview Massie sewer expansion, pump station for sewer project for 177, Lancer Truckstop, and Riner Wastewater project were items discussed at their meeting.

School Board:

Mr. Ewing reported that the budget was their item of discussion.

Parks & Recreation Commission:

None.

Their being no further business, the meeting was adjourned at 10:15 p.m.

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