Montgomery County

Planning Commission Minutes

11 March 1998

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING

COMMISSION HELD ON MARCH 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

Mr. Wells opened the public hearing on the Patrick D. Cupp and Alleta O. Helms/Adele Ballard rezoning request. Both requests are being heard together because they are adjoining properties fronting on North Franklin Street.

Mr. Davis showed a video of the area.

Mr. Tom Roberts, Anderson & Associates, Inc., made a presentation on the Patrick Cupp rezoning request. He stated that he did not represent the Helms rezoning request even though the requests are similar and closely related.

Mr. Roberts stated that these properties are located on North Franklin Street (Rte. 460), just south of the Kmart store. Only the rear portion of each lot lies in the unincorporated portion of the County; the front 200 feet is within the Town of Christiansburg. The Town limits extend around the remainder of the properties to the north and east, so that the area under consideration is in fact surrounded by Christiansburg on three sides. All of the adjacent area in Christiansburg is zoned for commercial use.

Mr. Roberts stated that VDOT has reviewed the site and has approved having a separate entrance. He distributed a handout for members to review. Limiting the number of entrances onto Rte. 460 would create a safer traffic flow. Mr. Alcorn asked if a proffer would provide for a joint entrance? Mr. Roberts stated that Alleta O. Helms/Adele Ballard have not expressed any interest at this time to share an entrance.

Mr. Wells asked if the applicant was present for the Helms/Ballard request? No one was present. Mr. Wells then asked for comments from the public. No one was present to speak. Mr. Wells closed the public hearing on the Patrick D. Cupp (Agent: Anderson & Associates, Inc.) and the Alleta O. Helms/Adele Ballard rezoning request.

Mr. Wells opened the public hearing on the Harman request.

Mr. Davis showed a video of the area.

Mr. Blaine Keesee, Gay Engineering, presented the concept plan for the request. He used tax parcel maps to show the location of the proposed mini-warehouses on the property. He said some of the present tree farm will remain in existence. An office and apartment will also be placed on the property for on-site management. He said Mr. & Mrs. Harman has spoken to four or five of the adjacent property owners in trying to obtain agreements to dedicate the right-of-way. Ms. Brennan inquired about the maximum parking spaces. Mr. Keesee stated that no more than six parking spaces will be provided. These spaces will be used for customers coming to the office to pick up keys.

Mr. Wells asked for comments from the public.

Mr. C.L. Draughn resides at the far end of the property. He expressed concern over public use of the present road. He felt that if the public is using the road, then it should be built to public specifications.

Ms. Christy Maxwell, adjacent property owner, stated that the entrance to Flanagan Drive is not safe. She said she opposes this request because she does not wish these mini-warehouses be constructed next to her property.

Mr. L.P. Colley, Lonesome Dove Subdivision, stated that the road is not wide enough to accommodate more traffic. He said the entrance into Flanagan Drive is a disaster area. He stated that he opposes this request.

Mr. Robert Jarrett stated that he would like to protest this rezoning request. He said large trucks traveling along the road sometimes block the road and create a dangerous situation. The area of the guardrail is too narrow.

Ms. Kathy Akers, owner of land behind the proposed storage buildings, stated that she is concerned about any future business that could be placed on this property if this request is granted. She also said that with mini-warehouses you donÕt know who the people are going in and out.

Mr. David Yopp, landowner in Lonesome Dove Subdivision, expressed his concern over the safety issue of Flanagan Drive and Route 8 and the additional traffic that these proposed mini-warehouses would create. He said he opposed this request.

Mr. Rod Crowgey, agent for the HarmonÕs request. He stated that this request is with restrictive proffers to only allow mini-warehouses and the tree farm. Vegetative buffers will be provided. He said their intent is to bring the road up to existing standards of Flanagan Drive.

There being no other comments from the public, Mr. Wells closed the public hearing on the Hobert G. & Patsy Harmon (Agent: Rodney G. Crowgey) rezoning & SUP request.

Mr. Wells opened the public hearing on the William K. Cole, Roy H. Cole & Perry D. Cole (Agent: Rodney G. Crowgey) rezoning request.

Mr. Davis showed a video of the area.

Mr. Rod Crowgey, agent for the ColeÕs request, was present. He stated that the Cole brothers own approximately two acres of land in the Pilot community, zoned A-1 (Agriculture). This property contains a dwelling and the Pilot Post Office. The Post Office is a "grandfathered" use. The Postal Service wants a new facility in Pilot and the Cole brothers proposed to use this same property for construction of a new Post Office. Mr. Crowgey asked for the Planning CommissionÕs consideration on this rezoning request.

Mr. Wells asked for comments from the public.

No one was present to speak. Mr. Wells closed the public hearing on the William K. Cole, Roy H. Cole & Perry D. Cole (Agent: Rodney G. Crowgey) rezoning request.

Mr. Wells opened the public hearing on the David A. Angle & Paula D. Relf rezoning request.

Mr. Davis showed a video of the area.

Mr. Angle, applicant, stated that both of the lots are currently zoned GB (General Business). There is a single-family dwelling on one lot and an abandoned church on the other. They wish to convert the old church building into a two-apartment dwelling unit. This will preserve the integrity of the existing buildings and help the area.

Mr. Wells asked for comments from the public. No one was present to speak. Mr. Wells closed the public hearing on the David A. Angle & Paula D. Relf rezoning request.

Mr. Wells opened the public hearing on the James & Penny Long (Agent: Draper-Aden Associates) rezoning request.

Randall Hancock, Draper-Aden Associates, presented a map of the mobile home park. He said they plan to add 29 more lots bringing the total to 141 lots served by public water and sewer. He said they plan on getting eight lots that are still on the septic system onto public water and sewer.

Discussion followed concerning fire hydrants. Mr. Neumann asked if there were any fire hydrants on the upper level of the park? Mr. Hancock stated that there were none because there were no available lines. Other members expressed their concern over the safety of the park without enough fire hydrants.

Mr. Wells asked for comments from the public.

Mr. Thomas Sullivan, adjacent landowner, expressed his concern over the entrance on to Truman Road. He said he had noticed Mr. Long was grading the property behind B&M Market in Plum Creek and thought this may be an entrance into the mobile home park. Mr. Hancock stated that Mr. Long does not own this property and was grading for the owner. There are no plans to have an entrance into the mobile home park from the B&M Market property.

There being no other comments from the public, Mr. Wells closed the public hearing on the James & Penny Long (Agent: Draper-Aden Associates) rezoning request.

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

On motion by Don Linkous, seconded by Ed Green and unanimously carried, the agenda was approved as distributed.

On motion by Ray Alcorn, seconded by Don Linkous, the Cupp/Helms/Ballard requests were opened for discussion.

Mr. Alcorn stated he was in favor of business zoning but thought a development plan should be presented. Discussion followed concerning the shared entrance. Mr. Daub felt that access should be managed. Mr. Neumann said he was not in favor of three or more entrances. He felt the property should be developed as a large tract instead of small pieces. Further discussion followed concerning the entrance, development plans and feedback from the Town of Christiansburg since any entrances would be in the town.

On motion by Joe Draper, seconded by Don Linkous and failed by a vote of 2-7 (

On motion by Ray Alcorn, seconded by Ed Green and carried by a vote of 7-2 (Joe Draper, Don Linkous, opposing) the 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) located South of Route 114 Intersection with Route 460 adjacent to K-Mart property in the Riner Magisterial District and 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) located at 2155 and 2175 North Franklin Street in the Riner Magisterial District is approved for reconsideration by the Planning Commission.

On motion by Ray Alcorn, seconded by Harry Neumann and carried by a vote of 8-1 (Joe Draper, opposing), the 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) located South of Route 114 Intersection with Route 460 adjacent to K-Mart property in the Riner Magisterial District and 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) located at 2155 and 2175 North Franklin Street in the Riner Magisterial District is tabled until the next regular Planning Commission meeting on March 18th.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the Hobert F. & Patsy Harmon (Agent: Rodney G. Crowgey) rezoning and special use permit request is opened for discussion.

Ms. Brennan asked if any comments had been received from the Town of Christiansburg? Mr. Alcorn stated that the Town of Christiansburg did discuss the request at their Planning Commission meeting and referred the issue to Economic Development Commission; however, Economic Development Commission made no recommendation.

Mr. Alcorn inquired about the compatibility with the Comprehensive Plan. Mr. Scott stated that the Comprehensive Plan designated this area as rural and agriculture. Discussion followed concerning number of vehicles per day, signage, proffers and security lighting. Mr. Crowgey stated that they had no objection to proffer adequate security lighting. Members directed staff to prepare proposed Special Use Permit conditions.

On motion by Joe Draper, seconded by Richard Daub and unanimously carried, the 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 is tabled until the next regular Planning Commission meeting on March 18th. Property is located South side of Flanagan Drive in the Riner Magisterial District.

There was little discussion.

On motion by Kathryn Brennan, seconded by Richard Daub and unanimously carried, the Planning Commission found the 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) compatible with the Comprehensive Plan and recommended to the Board of Supervisors for approval. Property is located on the North side of State Route 615 seven miles South from Christiansburg.

Mr. Scott distributed copies of the draft condition for members to review. Discussion followed.

On motion by Kathryn Brennan, seconded by Richard Daub and unanimously carried, the Planning Commission found the 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 compatible with the Comprehensive Plan and recommended approval to the Board of Supervisors (a) with acceptance of the proffered condition reading "These two properties shall be joined into one property and not be sold separately from one another. The new single parcel will be recorded as such in the land and tax offices of Montgomery County." and (b) with the following special use permit condition:

1. This Special Use Permit authorizes the use of this property for a maximum of four dwelling units.

On motion by Ray Alcorn, seconded by Kathryn Brennan and unanimously carried, the James & Penny Long (Agent: Draper-Aden Associates) rezoning request is opened for discussion.

Discussion followed concerning the spaces approved for occupancy. Mr. Hancock stated that physical work has not been completed on six spaces. He showed a map of the existing and proposed units. Also discussed was the issue of fire hydrants. Hydrants are to be provided for the new spaces permitted by 1990 Special Use Permits. Hydrants can also be provided for the new spaces currently under consideration. However, there are not adequate water lines to support hydrants in the old portions of the park.

On motion by Ray Alcorn, seconded by Richard Daub and carried by a vote of 6 to 2 (Ed Green and Harry Neumann opposing, Joe Draper abstaining), the Planning Commission found the James & Penny 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 compatible with the Comprehensive Plan and recommended approval to the Board of Supervisors subject to the following ten conditions: Property is located at the intersection of Radford Road and Rock Road.

1. This Special Use Permit authorizes expansion of the existing LongÕs Mobile Home Park, based on the preliminary development plan prepared by Draper-Aden Associates (Plan T-6207, dated 1/29/98 and last revised 3/4/98). A maximum of 141 mobile home spaces are permitted in this park. (Note: Lot numbers run up to 148 because some numbers in the old section were skipped. Those spaces do not exist.)

2. Final development plans must be approved by the Zoning Administrator prior to the issuance of any building permits. Final development plans may be prepared in phases.

3. Final development plans must include plans for developed recreational space containing childrenÕs playground equipment. If development is phased, each phase must also contain enough developed recreational area that the development meets the 15% requirement for recreational space during all phases (See Section 10-405 (6) of the Zoning Ordinance.) Recreational development for Phase I must be complete prior to the issuance of more than 10 building permits. The owner shall be responsible for maintenance of the developed recreation area.

4. An erosion and sediment control plan must be approved for each phase prior to the issuance of any building permits in that phase. An erosion and sediment control plan must also be approved prior to the construction of a recreation areas in the existing mobile home park.

5. Each mobile home space must be served with utilities and a road built to required standards (Section 10- 405(1) prior to the issuance of a building permit for that space. No permits will be issued for spaces served by unsurfaced roads.

6. Fire hydrants shall be installed such that no mobile home space in the expansion areas (lots 96 through 148) will be more than 500 feet by road from a hydrant. Hydrant locations shall be noted on final development plans.

7. No units may be placed on lots 96 through 128 until a new entrance to Truman Avenue is constructed to serve this section of the park. No units may be placed on lots 129 through 148 until a second entrance to Truman Avenue is constructed to serve this section of the park. All entrances must be approved by the Virginia Department of Transportation.

8. All mobile homes must be served by public water and sewer. No new on-site sewage disposal systems (e.g. lagoons or septic systems) may be constructed.

9. No retaining walls over six feet high may be constructed.

10. No units may be placed in the expansion areas (lots 96 through 148) until all existing units are connected to public sewer.

Mr. Powers reviewed the preliminary plat with members. Mr. Carl France, Balzer & Associates, stated that ten lots approximately one acre in size would be developed. Discussion followed concerning karst, septic and well system. Mr. France stated that John Simon would ensure that the drainfields are in compliance with the State Health Department. Discussion followed.

On motion by Joe Draper, seconded by Richard Daub and carried by a vote of 8 to 1 (Harry Neumann, opposing) the Shelor Farms Estates Section II Preliminary Subdivision Plat is approved subject to the following conditions:

1. Construction plans for streets and drainage shall be reviewed and approved by the Virginia Department of Transportation (VDOT).

2. Provision for individual septic systems for each lot shall be reviewed and approved by the Montgomery County Health Department.

3. Power lines, telephone lines and other public utilities shall satisfy the requirement for underground utilities. (Section 8-155(a))

4. An erosion & sediment control plan shall be reviewed and approved by the County Engineer.

5. Final Plat shall be reviewed and approved by the Planning Commission.

6. Street names shown on the Final Plat shall be approved by the Planning Department.

7. HomeownerÕs Association by-lawÕs shall be reviewed and approved by the County Attorney. The HomeownerÕs Association shall be responsible for maintenance and liability of all stormwater detention facilities.

There being no further business, the meeting was adjourned at 9:25 p.m.

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