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Montgomery County
Planning Commission Minutes
15 July 1998
AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION
HELD ON JULY 15, 1998 IN THE BOARD ROOM (#327) THIRD FLOOR, COUNTY COURTHOUSE,
CHRISTIANSBURG, VIRIGNIA:
CALL TO ORDER:
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
Jim Martin, Member
Harry Neumann, Member
Joe Powers, Staff
J. Scott, Staff
Ed Davis, Staff
Phyllis Conner, Planning Department Secretary
Absent: None
PUBLIC ADDRESS:
Mr. Wells opened the Public Address Session.
Ted Aaron, Appalachian Electric Power Company, addressed the commission on questions that arose at the public hearing last week. He stated that their sound levels would be less than 50 dB which was in compliance with the zoning ordinance. He presented a map showing the construction limits on the proposed site. He said 68% of the trees will remain and they would let the vegetation grow into a natural state. They plan to buffer completely around the substation by leaving the vegetation from the property line to the construction limits or 20 feet, whichever is greater. Mr. Aaron stated that they will place a chain linked fence with barb wire on top around the substation pad and put a pole pipe across the access road that enters the rezoning area. He said they will place warning signs on the pole pipe.
Mr. Wells asked for comments from the public.
Trevor Kimzey, 608 Cedar Hill Dr., addressed the AEP rezoning request. He stated that he purchased the land because of the R-2 zoning. He showed pictures of his back lot that would only be 40 feet from the substation property line. He said he would like the proffers to include a 142 foot buffer strip around the entire property. He said he would also like a proffer to keep the remainder of the property undeveloped.
Tricia Downie, 612 Cedar Hill Dr., addressed the AEP rezoning request. She said her back yard abuts the proposed site with only 40 feet from the substation property line. She ask the Commission to deny the request and recommend to the Board of Supervisors denial. She said they did their homework before purchasing their house and now the substation will destroy the woods and wildlife and devalue their land. She said AEP should not be allowed spot zoning.
Tammy Quesenberry, 610 Cedar Hill Dr., addressed the AEP rezoning She stated that the substation will have an effect on their home and property that they purchased just nine months ago. They took into consideration the R-2 zoning of their property before it was purchased. They do not wish the substation to abut their property. She would like the rezoning request to be denied.
Dennis Jaasma, 907 Ceder Lane, distributed signatures from property owners who oppose the AEP rezoning request. He stated that the plan requires 1400 feet of road to be build on this property which would require a lot of road construction. The major issue is that this proposed substation is not a permitted use in R-2 zoning. He ask that the request be denied. He presented a map of the area and showed pictures of the Industrial Park viewing this area. He asked why the substation could not be located in the Industrial Park.
Tom Roberts, 312 Landsdown Street and engineer with Anderson & Associates, stated that the substation was on the steepest part of the property. He said there would be constant noise from the substation and it would affect the Cedar Top development.
Alan Downie, 612 Cedar Hill Dr., addressed the AEP rezoning request. He expressed concern over the location of a power substation surrounded by residential. He said this would be spot zoning and the substation would be heavy industrial. He presented photographs showing his house. He questioned the use of dust-to-dawn lights and asked that the Commission recommend to the Board of Supervisors denial of this request.
Cynthia Schoolfield, VMH, Inc., addressed the AEP rezoning request. She presented a map showing the houses along the boundaries of this property and explained that AEP had shifted the location of the substation to the worst location on the property. She said that this would be spot zoning in a high density residential area. She stated her concern about placing an industrial site into a residential area.
Eric Sellee, 841 Crestwood Dr., President Shelter Alternatives addressed the AEP rezoning request. He stated that it is clear that a substation is needed but there is no promise of what will happen with the remainder of the property surrounding the substation. He said that a south entrance to the substation is preferable.
Ray Groves, 830 Crestwood, addressed the AEP rezoning request. He asked each Planning Commission to put themselves in their position.
Scott Midkiff, 1904 Shelor Lane, addressed the AEP rezoning request. He stated that all comments from residents does show a significant impact on the neighborhood. AEP does have more alternatives and he hopes an acceptable alternative can be reached.
Ann Groves addressed the AEP rezoning request. She stated her concern over all the citizens. She said she had looked at the Meadowbrook substation and would not want to live 80 feet from the noise of the substation and the fact that AEP will buffer substation with homes and people.
Rick Whitney of SAS Construction addressed the AEP rezoning request. He asked that the Commission rely on staff and not information given by the citizens. He said staff has maps of the site and the road will only be used once a month. Reference to spot zoning, he said the substation does comply with the Comprehensive Plan. He asked commission members to have staff review the maps.
Mr. Whitney also addressed the Orchards Phase 11B, Final Plat. He stated that Orchards Phase 11-A Final Plat has been approved by the Board of Supervisors. He said Orchards Phase 11-B will be developed as condominiums rather than a subdivision if private streets are not allowed. He asked for approval of the final plat.
Carolyn Fullerton, Draper-Aden, addressed the Orchards Phase 11-B, Final Plat. She provided information to the commission on public water, erosion and sediment control and showed a map of the proposed development. She said the master plan is in conformance with the Special Use Permit and she would appreciate recommendation of approval to the Board of Supervisor since all requirements have been met.
Jeannie Stosser of SAS Construction, addressed the AEP rezoning request. She stated that she owns the property adjacent to the AEP property. She explained why AEP changed the location of the substation. She said a previous location would have been visible for all. She said environmental concerns were received from the Town of Blacksburg. A number of trees would have been defaced and the substation would have been visible from Route 460. She said she then ask for the relocation of the substation.. She said she may even consider building her own residence on the remainder of the property adjacent to the substation. She stated that she is a contract purchaser with AEP and supports AEP rezoning request and encourages commission members to check on the information presented by the citizens because some of the information may be misleading.
There being no further comments, Mr. Wells closed the public address session.
APPROVAL OF AGENDA:
On motion by Don Linkous, seconded by Ed Green and unanimously carried, the agenda was approved as amended. AEP Rezoning Request and Orchards Phase 11B Final Plat were added under Old Business.
REPORT OF SECRETARY:
None
CONSENT AGENDA:
On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the Consent Agenda was approved for the following:
Minutes of the June 10, June 17 and June 24, 1998 meetings and scheduling of August 12, 1998 7:00 PM public hearing for:
1. Renewal of Agricultural & Forestal District (AFD) - 14 (Fishers View) of 355
acres owned by Richard & Diane Hyatt on Timber Road and 160 acres owned by Philip & Kim Wickham on Fishers View Road. The time period for which AFD-14 will be renewed is proposed to be eight years.
OLD BUSINESS:
Appalachian Power Company Rezoning Request:
On motion by Ray Alcorn, seconded by Kitty Brennan and unanimously carried, the Appalachian Power Company rezoning request was removed from the table.
The Commission asked Ted Aaron of AEP a number of questions. He explained that the access road would be gravel, not a paved road. Discussion followed concerning the buffering. Mr. Draper suggested that a buffer yard of 100 feet be provided to protect adjoining residential uses. Mr. Daub agreed. Ms. Brennan expressed concern over this rezoning request. Mr. Martin expressed his concern over the road and noise of the transformer. Mr. Aaron stated AEP would be willing to provide a buffer yard of 100 feet. He said the wooded nature of this buffer strip will be maintained and preserved. Mr. Wells stated that he would like AEP and the homeowners get together and solve their differences. Mr. Alcorn expressed his concern over Shelor Lane and Crestwood. Mr. Alcorn said he would also like to see a restriction in the number of units to be built on the additional adjacent land in order to provide a transition between the substation and residential areas. More discussion followed on the proposed proffers.
On motion by Joe Draper, seconded by Ray Alcorn and carried by a vote of 7 to 3 (Brennan, Daub and Wells opposing), the Appalachian Power Company request to rezone 6.57 acres; Tax Parcel No. 54-A-4436-A-10 from R-2 (Residential) to A-1 (Agriculture) is found to be compatible with the Comprehensive Plan and recommended to the Board of Supervisors for approval provided the following conditions are proffered by the applicant to the Board of Supervisors:
1. Due to the nature of a power substation and its conflicting use with residential use, it is the intent of these proffers to provide a buffer and transition zone between the power substation and the adjoining residential development areas:
A. To protect adjoining residential uses, a buffer yard 100 feet in width shall be provided along the entire western boundary of the 6.57 acre area shown on the drawing titled "Boundary Map of Proposed Ellett Station Site". The wooded nature of this buffer strip will be maintained and preserved.
B. To protect nearby residential uses, the 1.31 acre area, shown on the drawing titled "Boundary Map of Proposed Ellett Station Site" shall be offered for donation as a charitable contribution to the Town of Blacksburg for extension of their existing park facility with the stipulation that the wooded nature of the property will be preserved. If accepted, the deed of transfer shall be executed prior to commencing operation of the power substation.
C. To protect nearby residential uses, the 12.42 acre area, shown on the drawing titled "Boundary Map of Proposed Ellett Station Site" shall be developed with a maximum of 12 dwelling units. This restriction shall be included as a restrictive covenant in any future deed of transfer of the property. The Appalachian Power Company shall strictly enforce this restrictive covenant as to any future owner of the property.
2. The access road into the 6.57 acre area shall be restricted by the construction of a metal gate.
3. The maximum permissible sound pressure levels when measured at the property boundary of the noise source or at any point within any other property affected by the noise under Section 7-80 of the Montgomery County Code shall be 50 dB(A) or less between 7 a.m. and 10 p.m. and between 10 p.m. and 7 a.m.
4. Any lighting shall be shielded to prevent direct glare upon adjacent properties. Light intensity measured at the property boundary must not cause illumination in excess of 0.1 foot candles above background light levels.
5. A new plan will be prepared accommodating the 100 foot buffer yard along the western property boundary. The new plan will delineate construction limits and existing wooded areas to be maintained and preserved. All construction shall be in substantial conformance with the new plan.
6. A new landscape plan will be prepared accommodating the 100 foot buffer yard along the western property boundary. All landscaping shall be in substantial conformance with this new landscape plan.
The Orchards, Phase 11-B Final Plat:
On motion by Don Linkous, seconded by Kitty Brennan and unanimously carried (Joe Draper, abstaining) the Orchards, Phase 11-B Final Plat is removed from the table. Discussion followed.
On motion by Don Linkous, seconded by Ray Alcorn and carried by a vote of 8-1 ( Richard Daub opposing, Joe Draper, abstaining) the Orchards, Phase 11-B Final Plat with private streets is recommended to the Board of Supervisors for approval subject to the following conditions:
1. Board of Supervisors grants approval to allow private streets (Lane A, Lane B and Lane C) in accordance with Section 8-152(b)(2). An access plan addressing construction and pavement specifications as well as a maintenance plan or agreement shall be reviewed and approved by the Planning Commission and the County Attorney. All such streets shall be surfaces with bituminous concrete. A statement shall be included in each deed stating that the streets are private streets and will not be maintained by either the Virginia Department of Transportation or Montgomery County. Street names must be approved for Lanes A,B, and C.
2. The Final Plat for the Orchards Phase 11-A shall be approved and recorded in order to establish Cherry Lane as a public right-of-way.
3. Construction plans for public water and sewer systems shall be reviewed and approved by the Town of Blacksburg.
4. Power lines, telephone lines and other public utilities shall satisfy the requirement for underground utilities. (Section 8-155(a)).
5. Land Disturbing Permit issued by County Engineer covering Phase 11-B.
6. The 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.
Subdivision Lot Frontage and Lot Size Analysis:
Ed Davis made a presentation to members on subdivision lot frontage. He distributed copies of a table showing the subdivision analysis for new lots created between 1/1/1997 and 7/1/1998.
RSE Overlay Analysis:
Ed Davis made another presentation to members on the RSE Overlay Analysis. He distributed copies of a table showing the comparison of GB,CB, & RSE-COM with actual sampled figures from Shawsville & Riner. He concluded that the proposed overlay district should work for Riner, Shawsville and Elliston.
Board Referral - Comprehensive Water and Wastewater Study (1993) subsequent projects:
Mr. Powers reviewed the subsequent projects of the Comprehensive Water and Wastewater Study. He recommended steps to develop an amendment to the Comprehensive Plan. Discussion followed. The Commission agreed to proceed with the following steps:
- STAFF - Compare project listing (Resolution of May 26, 1998) with the W&WW Study to determine which projects are included in the W&WW Study as recommended projects and which projects are not included. (See attachment.)
- STAFF - Begin with W&WW Study maps showing "Existing Public Water Service Areas" (Figure 3) and "Existing Public Wastewater Service Areas" (Figure 10) and revise them to include W&WW Study recommended projects and the 7 additional projects from the project listing (Resolution of May 26, 1998). These new maps would then show existing and future pubic water and wastewater service areas to the year 2015. Review these new maps with PSA staff.
- STAFF - Compare new water and wastewater maps with current Comprehensive Plan Map, showing Urban and Rural Expansion Areas. Highlight those areas outside existing Urban and Rural Expansion Areas that (a) will have both public water and sewer, (b) will have public water but not sewer, and (c) will have public sewer but not water.
- COMMISSION - Discuss areas (a), (b) and (c) and develop a Comprehensive Plan amendment to address each of them.
- COMMISSION - Hold public hearing on this Comprehensive Plan amendment.
- COMMISSION - Make recommendation on Comprehensive Plan amendment to the Board of Supervisors.
LIAISON REPORT:
Board of Supervisors:
Ms. Biggs said she is glad to see the Planning Commission making progress on the Board referral of the Comprehensive Water and Wastewater Study (1993) and subsequent project.
Blacksburg Planning Commission:
Mr. Green recognized Mr. J.B.Jones as the Blacksburg Planning Commission liaison to the Montgomery County Planning Commission. He reported that an amendment of a Special Use Permit request was an item discussed at their meeting.
Christiansburg Planning Commission:
Mr. Alcorn reported that an application for a manufactured home sales lot to be located on the Rt. 8 interchange was tabled.
Economic Development Commission:
Mr. Alcorn reported that the retreat would be held on August 27th.
Public Service Authority:
Mr. Daub reported that the Riner sewer treatment plan, RAAP hydraulic analysis, Bellview water and sewer, and the Riner water tank were items discussed at their meeting.
School Board:
Mr. Ewing reported that a ground breaking ceremony was held for the new Elliston High School.
Parks & Recreation:
None.
PLANNING DIRECTORÕS REPORT:
Mr. Powers reminded members of the work session for the zoning ordinance revision to be held on Wednesday, July 22nd.
There being no further business, the meeting was adjourned at 10:00 p.m.
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Last Updated 29 October 2000
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