Montgomery County

Planning Commission Minutes

18 March 1998

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING

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

FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

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

Present: Malvin Wells, Chair

Ed Green, Vice-Chair

Ray Alcorn, Member

Mary Biggs, Board of Supervisors Liaison

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: Kathryn Brennan. Secretary

Joe Draper, Member

Mr. Wells opened the Public Address session.

Mr. Marty Maxwell, Flanagan Drive, spoke in opposition to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit request. He distributed petitions signed by adjacent landowners to each Planning Commission member for their review as well as pictures showing the narrowness of the existing road. Mr. Maxwell said they are worried about the erosion & sediment control and non-resident people traveling in and out of the area to the mini-warehouses. He asked all those present that were in opposition to the request to stand.

Mr. Robert Jarrett asked who enforces the Special Use Permit conditions? Mr. Powers stated that staff and commission members compile the conditions and the Zoning Administrator enforces them.

Mr. L.P. Colley spoke in opposition to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit Request. He stated that he is concerned with the safety of Flanagan Drive. He said the road and entrance into Flanagan Drive from Riner Road is very dangerous. He stated that with the Riner traffic increasing, he is concerned about business coming into a residential area.

Mr. Tom Roberts, Anderson & Associates, addressed the Patrick D. Cupp Rezoning request. He stated that he had received a letter from Virginia Department of Transportation (VDOT) stating that they could have a separate entrance. He said they had received no response from the Helm/Ballard applicants and forcing a restrictive covenant is not good. Mr. Roberts said he had asked the Planning Department if they should submit a layout and was told that since the site is so small, a layout was not necessary.

Bonnie Martin, Lonesome Dove Subdivision, stated that she was opposed to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit request. She stated that her home is not yet built in the subdivision but she is concerned over the increase in traffic.

Diane Yopp spoke in opposition to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit request. She said she is in the process of building in Lonesome Dove Subdivision. She stated that the entrance into Flanagan Drive is not safe.

Charles King spoke in opposition to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit request. He stated that there has been one fatality this year at the intersection with Riner Road.

Kathy Akers spoke in opposition to the Hobert G. & Patsy Harmon Rezoning and Special Use Permit request. He stated that the guard rails along the road are leaning because of the pressure from large trucks on the road.

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

On motion by Ray Alcorn, seconded by Michael Ewing and unanimously carried, the agenda was approved as amended. Hobert G. & Patsy Harmon Rezoning and Special Use Permit Request and Patrick D. Cupp and Alleta O. Helms/Adele Ballard Rezoning Requests were placed first under OLD BUSINESS on the agenda.

Mr. Ewing, in the absence of Kitty Brennan, Secretary, highlighted correspondence from the Commonwealth of Virginia on the 1998 Spring Preallocation Hearing at the Salem Civic Center on March 31st, a letter from Hubert Hodges, 3805 Old Town Road, Shawsville in reference to the proposed rezoning of West Shawsville area. and correspondence from Michael Chandler, Virginia Tech concerning the Virginia Certified Planning CommissionersÕ Program June 12-13 through August 21-22 in Roanoke.

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

Minutes of February 11, 1998, February 18, 1998, February 25, 1998 and

PROPOSED RESOLUTION:

BE IT RESOLVED That the Montgomery County Planning Commission hereby schedules a public hearing on Wednesday, April 8, 1998 at 7:00 p.m. in Courtroom B, County Courthouse, Christiansburg, Virginia for the purposed of receiving comments on the following:

On motion by Don Linkous, seconded by Ray Alcorn and unanimously carried, the Hobert G. & Patsy Harmon Rezoning and Special Use Permit Request was removed from the table.

Mr. Rod Crowgey, Agent, stated that the total proposed development would be made on only 6.8 acres. This is less than one-third of the total land. He stated that draft conditions prepared by the Planning Department was acceptable and similar to the original proffers from the applicant.

Mr. Ewing said he would like to reinforce the accidents that have been on Flanagan Drive and Route 8. He feels the increase in traffic would be unsafe.

Mr. Neumann stated that he cannot agree with the rezoning request. It is piecemeal zoning in an area that is agricultural and rural residential. Mr. Daub stated that if this request is approved, the entrance to the mini-warehouses should be a public road.

Mr. Alcorn stated that his concerns surrounded the road and the issue of the Comprehensive Plan. He said he realizes that the applicant cannot address the road, this is state problems. From all other aspects of the applicant, he said he agrees with the proffers. He felt the site plan was a good one with only one-third of the property being developed.

Mr. Linkous stated that he does not feel spot zoning requests should be approved and put residents in an unsafe environment. He is concerned over the safety of the road.

On motion by Don Linkous, seconded by Harry Neumann 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 recommended to the Board of Supervisors for DENIAL. Property is located South side of Flanagan Drive in the Riner Magisterial District.

On motion by Harry Neumann, seconded by Don Linkous and unanimously carried, the Patrick D. Cupp (Agent: Anderson & Associates, Inc.)/ Alleta O. Helms/Adele Ballard Rezoning Requests are removed from the table.

Mr. Alcorn reported that the Town of Christiansburg Planning Commission discussed these requests at their meeting. They have no objection to the Helm/Ballard rezoning request. They saw no need for any proffers to allow a combined entrance. The town felt they can address the entrance issue at the time of development and their site review process will address any safety concerns. They feel they should not force property owners to work together in their development.

On motion by Ray Alcorn, seconded by Harry Neumann and unanimously carried, 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 recommended to the Board of Supervisors for approval.

Mr. Davis reviewed the background of the amendment including the summary results of the community meeting in September. He presented draft text and showed maps of the topography, structures and roads. Members of the commission discussed the area and delineated the line between the plateau area and the creek area. In discussion, members requested that the text be made to agree with the map lines. Staff will make the revisions and bring back to the commission at next monthÕs meeting in order that a public hearing can be scheduled.

Mr. Powers distributed copies of the plat for members to review. Mr. Don Rainey was present. He stated that VDOT had approved the intersection, Health Department had approved their plat and E&S plan had been approved. He said they would like to have five accesses from the private road instead of four. There is also a request for a variance since the median lot size is less than 3 acres. Discussion followed. Mr. Alcorn pointed out that the lot lines followed the natural topography. Moreover most of the property was being set aside as open space.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the River Retreat Final Plat is recommended to the Board of Supervisors for approval subject to the following condition:

1. The Planning Commission approves the Final Plat of the River Retreat (Rainey Engineering JN 970522 dated February 5, 1998 and the Access Plan for the River Retreat dated February 11, 1998. The subdivision is to be developed with a private street in accordance with Section 8-152(b)(3) with a variance to allow five lots with a median lot size of 2.3 acre.

Mr. Neumann gave a report of the CIP recommendations. He said the Board of Supervisors now offering around $96,000 more money for next fiscal year. Ms. Biggs stated that no action has been taken on this yet. They plan to take out of the CIP funding, the frog pond additional deck area for Parks & Recreation Department and the Automation project for Information Management Services. These items will be funded from other sources and not through the CIP program. Mr. Powers stated that the CIP Committee will schedule another meeting and Mr. Neumann can bring back information for the Planning Commission to take action upon at a later date.

Mr. Davis brought the commission up to date on setback, lot sizes, etc. data that is being gathered on the Riner-Shawsville-Elliston Commercial Overlay.

Mr. Powers reviewed the Route 177 Corridor Overlay District comparison of old and new zoning ordinances and portions of the actual agreement between the City of Radford and Montgomery County. He stated that staff will do additional work and bring information back to the Planning Commission at a later date.

Ms. Biggs reported that Tuesday, March 24th will be the public hearing on the budget. She stated that she gave information to the Board of Supervisors on the Planning Commission Work Sessions on the Zoning Ordinance.

Mr. Green reported that a work session was held to discuss their zoning ordinance revision.

Mr. Alcorn reported that the commission discussed in industrial set-backs in their ordinance and how to treat hypnotic therapist practice.

Mr. Alcorn reported that the project list was discussed at their meeting. The shell building ribbon cutting will be held in May along with industry appreciation week. Falling Branch Industrial Park access road is approved. Health-Tex building will have renovation started in about two weeks for an incubator. Four local industries are planning major expansion that means approximately 50 additional jobs per industry. A major prospect has visited the Christiansburg Industrial Park and Elliston-Lafayette Park. This industry would create approximately 50 jobs; however, Montgomery County is in competition with Nashville, Tennessee and North Carolina Triad for this prospect.

Mr. Daub reported that acquisition of property for water and sewer projects, 177 Corridor project, Riner Wastewater Treatment expansion and RAAP hydraulic analysis were items discussed at their meeting.

Ms. Biggs reported that the bid had been put out for the grading of the Elliston School site.

None.

There being no further business, the meeting was adjourned at 9:00 p.m.

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