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Montgomery County

Planning Commission Minutes


12 August 1998

 

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON AUGUST 12, 1998 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

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

Richard Daub, Member

Michael Ewing, Member

Jim Martin, Member

Harry Neumann, Member

Joe Powers, Staff

Ed Davis, Staff

J. Scott, Staff

Kimberly Golden, Staff

Phyllis Conner, Planning Department Secretary

Absent:Ray Alcorn, Member

Joe Draper, Member

Don Linkous, Member

PUBLIC HEARING:

Renewal of Agricultural & Forestal District (AFD) - 14 (Fishers View)

Mr. Wells opened the public hearing on the Renewal of Agricultural & Forestal District (AFD) - 14 (Fishers View)

Mr. Powers stated that the County has received applications from two landowners for the renewal of 515 acres in Agricultural & Forestal District-14 (Fishers View). Landowners renewing are Richard & Diane Hyatt - 355 acres and Philip & Kim Wickham - 160 acres. Mr. Powers stated that renewals are done every eight years. He stated that the AFD Advisory Committee visited the properties and reviewed the applications. They recommended approval of the renewals.

Mr. Wells asked for comments from the public.

There being no speakers, Mr. Wells closed the public hearing on the Agricultural & Forestal District (AFD) -14 (Fishers View) renewal.

Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area:

Mr. Wells opened the public hearing on the Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area.

Mr. Scott presented a map of the area for citizens to review. He explained that Rt. 177 Corridor is designated urban expansion area. He said Turman Lumber Company has applied for a rezoning but the request is not compatible with the Comprehensive Plan.. The Comprehensive Plan Amendment covers the area that can be served by both public water and sewer and would allow more intensive uses.

Mr. Wells asked for comments from the public.

Mr. Robert Bratton inquired about the sewage line. Mr. Scott explained that the sewer would be extended from the City of Radford. Mr. Bratton asked if the Turman Lumber could not be rezoned until the roads are paved and moved back 300 feet from the highway? Mr. Wells stated that was included in some proffers. Mr. Powers stated that no action had been taken on the Turman Lumber request.

Mr. W.H. Kinsey, 3005 Tyler Road, stated that this was a rural area, why change it? He said he is opposed to the Comprehensive Plan Amendment to Mud Pike/Meadow Creek Road Area. He asked that all opposed to please stand. He said he would like to see that area stay rural.

Ms. Mary Pearman asked what residential uses would be placed in the area? Mr. Powers explained the permitted number of dwelling units per acre would increase.

There being no further comments, Mr. Wells closed the public hearing on the Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area.

PUBLIC ADDRESS:

Mr. Wells opened the public address session.

There being no speakers, Mr. Wells closed the public address session.

APPROVAL OF AGENDA:

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

OLD BUSINESS:

Renewal of Agricultural & Forestal District (AFD) - 14 (Fishers View)

Mr. Powers referred to the minutes of the AFD Advisory Committee. He said it was the consensus of all the committee members that both sets of landowners were good stewards of their land and were meeting all requirements of the Agricultural & Forestal District program. Therefore, they recommended that they be renewed in AFD-14 for another 8 year period.

On motion by Kathryn Brennan, seconded by Richard Daub and unanimously carried the Renewal of Agricultural & Forestal District (AFD) -14 (Fishers View) was recommended to the Board of Supervisors for renewal.

Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area:

Mr. Scott referred to the letter received from the City of Radford requesting that the Comprehensive Plan Amendment for an expansion east of the 177 Corridor be deferred until the City and County Planning Commission meet in September.

Citizens requested a ten-minute break to review the map of the proposed Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area. Mr. Wells granted this request. Mr. Daub stated that the commission should wait until the meeting with the City of Radford to make any decision.

On motion by Richard Daub, seconded by Kitty Brennan and unanimously carried, the Comprehensive Plan Amendment - Mud Pike/Meadow Creek Road Area was tabled until the scheduled meeting in September with the City of Radford.

Robert Wright Subdivision Variance Request:

Mr. Dale Norton, 1422 Smithfield Rd, was present to answer questions. He is the adjoining landowner who would exchange land with Mr. Wright if the variance is granted.

Mr. Davis showed a video of the area and reviewed the requested variance.

Mr. Wells asked if the road was accessible for emergency equipment. Mr. Norton stated that it was wide enough for construction equipment and felt emergency equipment could get through on the road. It is actually a driveway to serve one residence. Mr. Norton presented a larger map to the commission members for their review. Discussion followed.

On motion by Michael Ewing, seconded by Ed Green and unanimously carried, the Robert Wright Subdivision Variance Request is found to be compatible with the conditions for a subdivision variance and recommended to the Board of supervisors for approval subject to the following three conditions:

1. No more than one dwelling unit be allowed on the parcel.

2. No structure be built on the east portion of the parcel.

3. The variance and its conditions added to the recorded plat.

David & Constance S. Joyce Subdivision Variance Request:

Mr. Davis showed a video of the area. He distributed two memos received from David & Constance Joyce. One memo contained a modified request to divide off two three-acre parcels and build one single-family dwelling on each parcel. The other memo was in regard to the two issues of concern 1) there is no public road frontage, and there is some concern as to the quality of the existing private road and 2) the level of development, and the adjacent land use preservation.

In regard to the first issue, he stated that this development is typical in that there will be no frontage on a public road; however, they feel that economics of scale would create a considerable hardship to design and construct a 2500 foot public road for two houses whose potential owners desire property on a private road. The existing road, although not designed and platted by a professional engineer, was designed and constructed by a professional contractor. The road is eighteen feet wide, with stone over a compacted shale base and has four drain culverts.

In regard to the second issue, this development will contain a maximum of two single-family dwellings, one on each three-acre parcel. The balance of the acreage will remain, and be dedicated to, agricultural use. Additionally, both houses will be entirely within wooded areas, and they have agreed that only those trees necessary for the construction will be removed, and that wooded areas will remain between structures. These conditions will be included in all contracts as covenants and restrictions to assure that the land remains rural and agricultural for a period of 20 years, and that they will not ask for another variance for a parcel without public road frontage.

He said their association with the many community needs that exist today helped form a strong bond between them and the like-minded young couple who plan to found and operate the horse rescue facility, and is very much in line with their vision for the future of their land. They plan to donate the use of the pasture for the Pegasus operation.

Mr. Powers asked if there will be people that come to the area to ride horses? Mr. Huston stated that they plan to work with small groups that will come to the area. He said there will not be much traffic. Mr. Martin stated that it seemed this would be more for a business use. Mr. Powers stated that when the subdivision plat is drawn up, there will have to be a twenty foot easement.

Mr. Joyce stated that subsequent to their initial variance request for parcel one, they were approached by Mr. and Mrs. James Huston, who plan to found a non-profit horse rescue organization and are interested in locating this facility on the balance of their property. Therefore, the second parcel under review would provide for their single-family dwelling, allowing them to live on-site. The purpose of this organization is to shelter and rehabilitate abused or abandoned horses.

Mr. Huston was present to answer questions. He stated that they will be assisted in this venture by Pegasus, a California-based United Way supported organization. Mr. and Mrs. Huston are already in the process of becoming Virginia state certified for this operation. More discussion followed.

On motion by Michael Ewing, seconded by Harry Neumann and carried by a vote of 6-1 (Richard Daub, opposing), the David & Constance S. Joyce Subdivision Variance Request is found to be compatible with the conditions for a subdivision variance and recommended to the Board of Supervisors for approval subject to the following six conditions:

1. No additional variances for new lots without public road frontage will be requested for the two new lots and the remainder lot.

2. The new lots will be cut from the wooded area in the southwest corner of parcel.

3. No more than one single family dwelling on each new lot. The tree removal is limited to that required for building the allowed dwellings.

4. The remainder lot will be used for agricultural and forest uses for the next 20 years except for the applicantÕs one single family house.

5. The private road to access these lots will be maintained through an agreement between the owners of the all three lots.

6. All of the above conditions will be recorded on the plats and deeds for the two new lots and the remainder lot.

Zoning Ordinance Revision:

Mr. Scott explained the draft changes that had been developed for the Zoning Ordinance Revision based on last monthÕs discussion of the "Points of Interest" memorandum from Chairman Gorman and Chairman Long and the discussion of Intensive Agriculture. He ask the commission to review and make any changes they wish before sending out the complete document for public review. Discussion followed.

On motion by Kitty Brennan, seconded by Ed Green and carried by a vote of 5 - 2 (Richard Daub, Malvin Wells opposed) Article I, 1- 205 Exemptions, was deleted.

On motion by Kitty Brennan, seconded by Harry Neumann, and carried by a vote of 5-2 (Richard Daub, Malvin Wells opposed), Article II, Section 107- Use Limitations, was kept as previously recommended by the consultants.

On motion by Kitty Brennan, seconded by Harry Neumann and unanimously carried, Article II, Section 2-305 - Lot Requirements was kept at 2 acres minimum lot size.

On motion by Ed Green, seconded by Kitty Brennan and carried by a vote of 4-3 (Malvin Wells, Richard Daub and Jim Martin, opposed) Article II, Section 2-307-Use Limitations was kept as previously recommended by the consultants.

On motion by Ed Green, seconded by Michael Ewing and unanimously carried, Article IV, Section 4-116 - Intensive Agriculture was changed as drafted by Mr. Scott.

On motion by Kitty Brennan, seconded by Harry Neumann and carried by a vote of 6 - 1 (Richard Daub, opposed) Article IV, Section 4-117 - Septic Systems was deleted.

On motion by Ed Green, seconded by Jim Martin and unanimously carried, the Zoning Ordinance Revision was scheduled for a Planning Commission public hearing on Wednesday, September 30, 1998.

NEW BUSINESS:

Section 15-2-2232 (Review Process):

Ms. Ann Gifford, Town of Blacksburg Planner, explained the way they do their review process to decide in conformance with their Comprehensive Plan.

Mr. Davis stated that he had contacted other jurisdictions, Town of Blacksburg, Fairfax county, and Loudon County to get ideas as to how they handle their review process. Further information will be brought back to next WednesdayÕs Regular Meeting for further discussion.

 

Elliston Post Office - 2232 Review

Members discussed the Elliston Post Office 2232 Review. The rezoning request to General Business had previously been found in compliance with the Comprehensive Plan by the Planning Commission.

On motion by Ed Green, seconded by Michael Ewing and unanimously carried, the Elliston Post Office is found to be in conformance with the Comprehensive Plan and recommended to the Board of Supervisors for approval.

Mr. Powers stated that the Virginia Institute and Certified Planning CommissionersÕ Program will be held on October 11 - 13 at Richmond, VA. He asked that any member interested in attending notify the Planning Department office. Members stated that they had not received their brochure. Staff will make copies and distribute at the next Regular Meeting.

There being no further business, the meeting was adjourned at 9:15 p.m.

 

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Last Updated 29 October 2000
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