Montgomery County

Planning Commission

11 February 1998

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON FEBRUARY 11, 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

Kitty Brennan, Secretary

Ray Alcorn, Member

Mary Biggs, Board of Supervisors Liaison

Richard Daub, Member

Joe Draper, 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:None

PUBLIC HEARING:

Retirement Management Corp. (Agent: Rodney G. Crowgey Rezoning Request)(Discussion/ Decision)

Mr. Wells opened the public hearing on the Retirement Management Corp. rezoning request.

Mr. Davis showed a video of the area.

Mr. Rodney Crowgey, made a presentation on the request. He stated that the rezoning comes as a result of a complaint. He said that Terry and Theresa Ethridge are leasing the property to conduct their business for a magazine subscription service and cleaning solution sales business. They were not aware that they were in violation of the zoning ordinance. This is the reason they are requesting the rezoning to CB (Community Business). Mr. Crowgey reviewed the nine proffers submitted with the rezoning request. He said that the intent of the proffers was to limit business uses of the property to the existing business being run on the property. He stated that the business is largely conducted by mail and telephone. Three full-time and two part-time employees currently work on site. Deliveries are received from UPS or other carriers.

Mr. Wells asked for comments from the public.

Mr. Charlie Bowles, Riner, spoke in opposition to the request. He stated that as many as 16 cars had been parked in front of the business. He asked who owns Retirement Management Corporation and who is involved in this business? He said spot zoning is not needed. He said Route 8 is a very dangerous highway. He expressed concern over what type of business might be at this location in future years. He stated that the Planning Commission should keep this area in line with the Comprehensive Plan.

Margaret Smith, Riner, asked how many square feet this business occupies and what additions would be made in the future. The additions may exceed the 3,000 square feet maximum for Community Business.

Roger White, adjacent subdivision landowner, asked who owns the Retirement Management Corporation and if this business leaves town, what other business can be placed on this property?

Mr. Rodney Crowgey responded to the questions. He stated the property will be used for a commercial establishment and business office with gross floor area of less than 3,000 square feet. He stated that Joe Simmons is the owner of the Retirement Management Corporation. He stated that the Ethridges had a flue fire several months ago and had construction workers on site. This may have contributed to the many cars that were seen parked in front of the building. There is ample paved parking at the back of the building. Mr. Crowgey stated that this is a land use rezoning request. In future years, any other business that occupied this building would have to comply with the proffers in connection with this rezoning application. The nine proffers would go with the property if it is sold.

There being no other comments from the public, Mr. Wells closed the public hearing on the Retirement Management Corporation rezoning request.

Mr. Wells opened the public hearing on the Edwin B. Fast rezoning request.

Mr. Davis showed a video of the area.

No presentation was made by the applicant and no one was present to speak concerning the request.

There being no comments, Mr. Wells closed the public hearing on the Edwin B. Fast rezoning request.

Mr. Wells opened the public hearing on the Shawsville rezoning request.

Mr. Macon Sammons, spoke on behalf of Mrs. Ann Gardner Gray, other applicants and himself who support the zoning protection. He thanked the Planning Commission for holding a community meeting in Shawsville. Mr. Alcorn asked Mr. Wells permission to allow Mr. Sammons extra time to speak on behalf of the applicants that supported this request. Mr. Sammons gave the commission background history of his family involvement in the development of Shawsville. He said that the western end of Shawsville has a turn-of-the-century look and a family orientation. However, Shawsville has never had zoning that protects and enhances its character. The proposed Residential (R-1) zoning would help in this regard.

Dr. John Kern, of the State Department of Historic Resources had spoke at the community meeting. He stated that a historic preservation district would help Shawsville preserve their character.

Jessica Wilson stated that she would like the rezoning request to include all of her property. Her house is 125 years old. She asked if the cattle would still remain on the three lots? Mr. Scott stated that the three lots where the cattle is located would be grandfathered.

Mike Epperly spoke in opposition to the rezoning request. He stated that he would like Parcel 63 to be excluded from the proposed rezoning. He said the parcel has a little over two acres which has been subdivided into four family parcels. It should remain zoned Agriculture (A-1).

Ray Epperly spoke in opposition to the rezoning request. He stated that two years ago, he requested his property to be rezoned to residential and was refused. He said he has laid out plans now to use Parcel 63 under Agriculture (A-1) zoning. He said he would like his parcel to be excluded from the proposed rezoning.

Jack Hinchelwood stated that he lives at the corner of Old Town road and Basham Hollow road. He stated that he supported the proposed Residential (R-1) rezoning. He stated that he appreciated the Planning Commission’s work and time on this rezoning request.

Margaret Smith, Riner, stated her opinions on the Shawsville rezoning request. She said the Shawsville residents have no assurance that they will be protected by this county. She said that the Greear rezoning in the Riner Rural Expansion area would permit a higher density than is desired. Shawsville is an Urban Expansion Area.

There being no further comments, Mr. Wells closed the public hearing on the Shawsville rezoning request.

Charlie Bowles, Riner, stated that there seems to be problems in Montgomery County with people in violation of the zoning ordinance. He said he felt the Planning Department staff should come up with a system that would allow the public to know the current situation of those in violation. He commended Ed Davis on his work video taping the areas for rezonings, special use permits, etc.

Margaret Smith, Riner, stated the following:

" In the interest of time you are receiving handouts commenting on the supervisors’ request to amend the subdivision ordinance. Please take time to evaluate this fully before taking any action. Of particular concern is Section 8-131, which is a provision for protecting the health, safety, and welfare of citizens in the A-1 districts. It seems to be in compliance with State requirement that no local zoning ordinance can be enacted that would in any way jeopardize such protection. It also exercises the right of a local government’s police powers to insert anything into its ordinance that might be necessary to protect those rights. It does not in any way nullify or water down State zoning ordinance relative to subdivisions. Remember zoning ordinances and comprehensive plans were created to protect citizens, not developers. The only protection developers are granted is that ordinances not be written in such a way that development be restricted if it does not threaten the public’s health, safety, morals, or general welfare as put forth in local and State zoning ordinance and comprehensive plans.

The other handout is the suggested criteria to use in considering rezonings. I believe Jennie Reilly gave you copies at the hearing, but apparently they were not used. These were created based on State and local zoning ordinances’ purpose: protection of health, safety, welfare. In addition, I have elaborated on certain considerations that should have been addressed relative to the Greear rezoning in particular. I believe when you read them you will find that using a scoring system of 1=poor, 2-fair, and 3=good, that this rezoning request would have received a 1 for all criteria under health, safety and welfare. Our community was stunned by your vote and that Mrs. Brennan wasn’t even aware that you were voting."

There being no further speakers, Mr. Wells closed the Public Address.

On motion by Don Linkous, seconded by Joe Draper and unanimously carried, the agenda is approved as distributed.

Discussion followed concerning the size of the parcel being considered for rezoning. Ms. Brennan asked Mr. Crowgey why he did not realize that the Ethridges were in violation of the zoning ordinance? Mr. Crowgey stated that he was not involved with the Ethridges until after they had applied for a building permit and found out that they were in violation. This is the reason they have requested the rezoning in order to bring the operation of their business in full compliance with the Zoning Ordinance. Mr. Alcorn inquired about the signage requirements. Mr. Scott stated that 150 square feet is the maximum. Ms. Brennan stated that she has been by the business recently and saw no cars parked in front. Mr. Crowgey stated that they may be parking at the rear of the building now. Mr. Ewing expressed concern over any future business that would be allowed on this property. Mr. Crowgey stated that the land use would need to be compatible with the proposed proffers. Mr. Scott stated we are dealing with proposed land use issue not the present landowners. Mr. Green expressed concern over water and sewer not being available to this property. The land has well and septic system. Mr. Crowgey stated that an additional proffer could be added to place a bathroom on site approved by the Health Department. Mr. Alcorn inquired about home occupation. Mr. Scott stated that the business is too large to be a home occupation. Moreover a home occupation means an occupation carried on within a dwelling unit by members of the family residing therein, provided that not more than two nonresidents are employed. Mr. Linkous said he did not feel we should continue spot zoning along Route 8.

On motion by Harry Neumann, seconded by Kathy Brennan and carried by a vote of 7-2 (Ray Alcorn, Joe Draper opposing), the Retirement Management Corporation request to rezone 1.2 acres from A-1 (Agriculture) to CB (Community Business) is recommended to the Board of Supervisors for DENIAL. Property is Tax Parcel No. 106-11-4, located at 3055 Riner Road in the Riner Magisterial District.

Mr. Powers explained the rezoning request was initiated due to a change in the layout of the subdivisions. Additional land was added that was not zoned residential. The requested rezoning would make the entire subdivision Residential (R-1). Discussion followed.

On motion by Don Linkous, seconded by Ray Alcorn and carried by a vote of 7-1 (Harry Neumann opposing, Joe Draper abstaining), the Edwin B. Fast request to rezone 2.2 acres from A-1 (Agriculture) to R-1 (Residential) is recommended to the Board of Supervisors for approval. Property is Tax Parcel No. 51-A-25, located on the north side of Prices Fork Road, approximately one-half mile west of the Blacksburg Town Limits, in the Prices Fork Magisterial District.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the Shawsville rezoning request was opened for discussion.

Mr. Alcorn opened the discussion on the map of the area showing parcels to be included in the proposed rezoning. Three parcels with existing mobile homes on them were excluded from the request. Ms. Brennan asked if the cattle would still be allowed on the present parcels? Mr. Scott stated they would be grandfathered in if the cattle remained on the property. If, however, they were removed for more than two years, they would not be allowed to be placed back on the property. The members discussed parcel 63 that the Epperlys had requested to be excluded from the property. The 2+ acre parcel was recently subdivided as a family subdivision into four parcels owned by Ray Epperly, his two sons and his daughter. Ray Epperly had stated that they intended to place a duplex on each of the four new parcels. Several Commissioners felt that this represented a subversion of the county ordinances.

On motion by Joe Draper, seconded by Ed Green and unanimously carried, the Montgomery County Planning Commission request to rezone approximately 43 acres from A-1 (Agriculture) and GB (General Business) to R-1 (Residential) excluding 83C1-6-2,4,5 is recommended to the Board of Supervisors for approval. Property is Tax Parcels Nos. 83-A-52,53,54,54A,55,56,57,58,58A,59, and 72; 83C1-6-1, 3, and 6; and 83C1-A-63,64,65,67,68,69,74,75,76,77,78,79,81,82, and 83. Property is located in the western area of Shawsville, between Roanoke Road and the Norfolk Southern railroad tracks, in the Shawsville Magisterial District.

There being no further business, the meeting was adjourned at 8:40 p.m.

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