Montgomery County

Planning Commission

18 February 1998

 

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING

COMMISSION HELD ON FEBRUARY 18, 1998 IN THE BOARD ROOM (#327)

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

Joe Draper, Member

Michael Ewing, Member

Harry Neumann, Member

Joe Powers, Staff

J. Scott, Staff

Ed Davis, Staff

Phyllis Conner, Planning Department Secretary

Absent:Don Linkous, Member

Margaret Smith addressed the following to the Commission:

"To follow up my comments relative to the subdivision ordinance Section 8-131,I have the following suggestions:

I.Retain Sec. 8-131. Suitability of land, but include specific requirements, rather than the general statement at present. This would fulfill Section 15.2-2241, Code of Va. that states that localities may.."regulate the subdivision and development of land", which means that certain standards can be applied to protect the health, safety, morals, and general welfare of the public. I believe the County attorney is correct in recommending removing the wording in the present ordinance, since it is too broad and discretionary in nature.

II.Specific requirements for subdivisions could include (especially A-1)

1. Land located in known karst areas be limited to no more than one housing unit per acres. You fill in the blank.

2. Entrances for more than houses cannot be located on a primary road with a slope of more than %extending feet.

3. Land located adjacent to designated conservation areas must have minimum lot sizes of one house per acres.

4. Land located over an aquifer serving a public well must have a minimum lot size of one house per 5 acres. (This is suggested because there are many highly poisonous chemicals generated from vehicles, asphalt, and buildings. These leach into soil and into aquifers, rendering the water undrinkable.)

5. Land to be subdivided and located over an aquifer serving a public well must be connected to both public water and sewer.

6. Other

The above are "... the performance of which may be enforced by mandamus when an applicant has complied with, or is ready, willing and able to comply with, the local requirements" (Section 15.2-2241 "Distinction between local subdivision and zoning regulations")

The reference to the State Enabling Legislation in the resolution before you seems to imply that some of a local government’s authority to regulate subdivisions are removed. I believe the word, "enabling" means to give, or make possible, not take away.

III. The change in sections from 15.1-475 to 15.2-2258, Code of VA is simply a numerical change, because all of 15.1, Code of Va. was withdrawn and 15.2 was created to update some of the code, but retaining much of 15.1. (See Section 8-171, County Ordinance.)

There being no further comments from the public, Mr. Wells closed the public address.

On motion by Richard Daub, seconded by Joe Draper and unanimously carried, the agenda was approved as distributed.

Ms. Brennan, Secretary, read the following correspondence received by E-Mail from G. Harkrader, 312 East Main Street, Christiansburg.

"Dear Board of Supervisors & Montgomery County Planning Commission:

I would like to congratulate the Planning Commission for voting to recommend upgrading the zoning of 34 acres to a residential district in Shawsville. It was the right thing to do.

Citizens have watched hodgepodge growth evolve into one of the messiest counties in the New River Valley, especially the east and west end of the county. Citizens are embarrassed by the ‘po-dunk’ appearance that has occurred in many areas of Montgomery County and the gateways of into Christiansburg.

Now abandoned mobile homes are started to pollute the landscape on Pilot Rd., Yellow Sulfur Rd., Radford Rd., and elsewhere. ‘Dead trailers’ are going to grow in the same manner as junk automobiles and complaints to Montgomery County Public Facilities go no where because of a lack of administrative support. There seems to be no suitable county process to deal with these issues in an effective manner.

As a solution, I would like to suggest a study of the Pulaski County ‘Clean Community Council’ in which support is provided by the Board of Supervisors, the Planning Commission, code enforcement officer, and other volunteers. A ride through Pulaski County will reveal more orderly and cleaner highways and byways.

The county must update the landscaping requirements, aesthetic and environmental ordinances of the Comprehensive Plan and enforce them. It’s what the citizens want."

The following item was pulled from the Consent Agenda:

(1) Minutes of January 14, 1998.

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

Minutes of January 14, 1998 ( as amended) and January 21, 1998 meetings, and

PROPOSED RESOLUTION:

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

1.Patrick D. Cupp. (Agent: Anderson & Associates, Inc.) request to rezone 1.2 acres, Tax Parcel No. 436-A-10 from A-1 (Agriculture) to GB (General Business). Property is located South of Route 114 Intersection with Route 460 adjacent to K-Mart property in the Riner Magisterial District.

2.Alleta O. Helms (Owner: Adele Ballard) request to rezone 3.4 acres, Tax Parcel No.436-A-11,12 from A-1 (Agriculture) to GB (General Business). Property is located at 2155 and 2175 North Franklin Street in the Riner Magisterial District.

3.Hobert G. & Patsy Harmon (Agent: Rodney G. Crowgey) request to rezone approximately 23.5 acres, Tax Parcel No. 106-2-7B,7F from A-1 (Agriculture) to GB (General Business) with a Special Use Permit to allow mini-warehouses and tree farm. Property is located South side of Flanagan Drive in the Riner Magisterial District.

4.William K. Cole, Roy H. Cole & Perry D. Cole (Agent: Rodney G. Crowgey) request to rezone approximately 1 acre, Tax Parcel No. 131-A-97 from A-1 (Agriculture) to GB (General Business) located on the North side of State Route 615 seven miles South from Christiansburg.

5.David A. Angle & Paula D. Relf request to rezone .4 acres, Tax Parcel Nos. 83 C1-A 33,34 from General Business (GB) to Multi-Family Residential (RM-1) with a Special Use Permit to allow apartments in existing structures. Property is located at 3951 Old Town Road (Route 753) and 206 Alleghany Springs Road (Route 637) in the Shawsville Magisterial District.

6.James & Pauline Long (Agent: Draper-Aden Associates) request to rezone 6.1052+ acres, Tax Parcel Nos. 90-1-BKB-11C & 12A, 90-3-16,17 & 21 from Agriculture (A-1) to Planned Mobile Home Residential (PMR) with a Special Use Permit to allow expansion of mobile home park. Property is located at the intersection of Radford Road and Rock Road.

Proposed Amendment for the Falling Branch Section of the Montgomery County Comprehensive Plan:

Ed Davis gave a presentation on the proposed amendment for the Falling Branch section. He explained the four factors that are driving the future development of the Falling Branch Community. The factors are topography, Falling Branch Elementary School, full Cloverleaf Interchange for Alternative 3A and the Industrial Park. He stated that to date, the Planning Commission have organized two community meetings held on October 26, 1992 and September 4, 1997. He said the Planning Department and Commission have developed criteria to help the area develop with the community’s needs. He presented a map showing the plateau and creek area.

Discussion followed concerning the plateau, creek area and urban expansion. Mr. Alcorn expressed concern over the topo of the area. Ms. Biggs inquired about the houses in the area. Commission members wanted more information on this proposed amendment before a public hearing is scheduled.

Referral of Proposed Subdivision Amendment to Planning Commission For Its Review and Recommendation:

Marty McMahon, County Attorney, addressed the Commission on the proposed amendment to Chapter 8, Article IV, entitled Subdivisions in order to comply with State enabling legislation. Discussion followed.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the ordinance amending Chapter 8, Article IV, entitled Subdivisions, Sections 8-112, 8-131, 8-133, 8-134, 8-138, 8-152, 8-171, 8-174 and 8-175 of the code of the County of Montgomery, Virginia in order to comply with the State enabling legislation is recommended to the Board of Supervisors for approval.

Board of Supervisors:

Ms. Biggs stated that Mary North has been appointed School Board Liaison to the Planning Commission.

Blacksburg Planning Commission:

Mr. Green reported that a Special Use Permit request for mini-warehouses and amendment to the zoning ordinance were items discussed at their meeting.

Christiansburg Planning Commission:

Mr. Alcorn reported that the Roger Woody rezoning request was approved.

Economic Development Commission:

Mr. Alcorn reported, Virginia Power new technology, 2 local companies planning substantial expansion, and Fiber Technology going into the Industrial Park were items discussed at their meeting.

Public Service Authority:

Mr. Daub reported that Bellview Massie Sewer extension was complete, pump station for 177 sewer will be complete the end of February and the Riner wastewater expansion drawings are complete.

School Board:

Ms. Biggs reported that the school board budget was presented to the Board of Supervisors.

Parks & Recreation:

Mr. Ewing reported that he had been appointed as Chair to the Parks & Recreation Commission. He said there was a slight problem with the county pool.

PLANNING DIRECTOR’S REPORT:

Mr. Powers reviewed the County Administrator’s recommendations on the 1998/99 budget for the department.

There being no further business, the meeting was adjourned at 8:10 p.m.

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