Montgomery County

Planning Commission Minutes

9 November 1998

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON NOVEMBER 9, 1998 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

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

Mr. Wells opened the public hearing on the Steve & Carol Weaver Rezoning request.

Mr. Scott showed a video of the area and made a presentation of the request.

Carol St. Clair, Agent, stated that she had spoken with adjoining neighbors and they have no problem with the rezoning request. She stated that the owner plans to place a doublewide mobile home on the property and later replace it with a stick built home. She said the home would be for her daughter and her husband.

Mr. Wells asked for comments from the public.

Mr. Vernon Taylor, 6105 North Fork Road, stated that he has no objection to the request. He stated that his property is zoned A-1 (Agriculture). He expressed concern over the fact that maybe he might see a different use of his property in the future. Would this effect a rezoning to Industrial or Commercial? Mr. Powers stated that it might effect the rezoning in the future if zoning of the adjoining property were residential. Mr. Scott showed the map again. He stated that there is already Commercial, Industrial and Residential zoning in the area. Mrs. Taylor expressed concern over the setbacks if a home is also built on the property. Ms. St. Clair stated that the doublewide mobile home would be removed before the building of a home.

There being no further comments from the public, Mr. Wells closed the public hearing on the Steve & Carol Weaver (Agent: Carol St. Clair) Rezoning request.

Mr. Wells opened the public hearing on the H.C. Wyatt Estate/Industrial Development Authority Rezoning request.

Kimberly Golden showed a video of the area and made a presentation of the request. She stated that the application had been amended to Planned Industrial Zoning (PIN) rather than M-1.

Bob Isner, Director Economic Development Commission (EDC) and Secretary/Treasurer for the Industrial Development Authority (IDA) made a presentation. He stated that Tom Roberts, Anderson & Associates and James Stewart, Chair, IDA were also present to answer questions.

Mr. Isner stated that Mr. Roberts did an engineering overview of the proposed Phase II of the Elliston-Lafayette Industrial Park.. He stated that IDA plans to extend existing PSA water and sewer lines serving Lafayette to the site. Public Service Authority (PSA) has stated that there is adequate water and sewer capacity to serve the site. VDOT has stated that there is adequate access for commercial entrances to the site from Route 626. Mr. Isner added that allowing for industrial use of the property would facilitate the creation of employment opportunities that are much needed in eastern Montgomery County and encourage utilization of the infrastructure that has been put in place in Lafayette. He stated that the mission of the EDC and IDA includes creating job opportunities and the tax capital base in this county. The market objective expects 125 Ð 150 new jobs and 5 to 10 million dollars in capital tax with five to eight industrial sites developed. Mr. Isner stated that there are no sites available at the present Elliston-Lafayette Industrial Park. IDA is encouraged that this proposed site would be successful. The Board of Supervisors has approved an ARC grant to be submitted. Mr. Isner said there have been several inquiries about this property and he has shown it to two prospects in the last sixty days. He requested that the Planning Commission act on this rezoning request tonight and send to the Board of Supervisors for a public hearing. If the property can be rezoned and have a Board resolution by the end of the year, EDC and IDA can market the site. The amending of the application to Planned Industrial Development (PIN) will be compatible with the surrounding neighbors. The request is compatible with the Comprehensive Plan.

Mr. James Stewart spoke. He stated that this is a wonderful chance to expand the present Elliston-Lafayette Industrial Park. He asked that the Planning Commission take favorable action tonight since this request meets all the requirements.

Mr. Wells read the following letter addressed to the Chair, Montgomery County:

"Dear Mr. Wells:

In response to your notice of October 22, 1998, considering the rezoning of 40 acres of land from Agriculture to Industrial in Lafayette. As homeowners we are adamantly opposed to this rezoning.

Sincerely

Brian and Theresa Wilhide

5271 Historic Drive

Lafayette, VA 24087"

There being no further comments from the public, Mr. Wells closed the public hearing on the H.C. Wyatt Estate/Industrial Development Authority Rezoning request.

Mr. Wells opened the public hearing on the John W. Eanes, Jr. (Agent: CFW Wireless) Special Use Permit request.

Mr. Scott showed a video of the area and made a presentation of the request.

Mr. Charles Tucei, CFW Wireless Construction Engineer, was present to answer questions. Mr. Alcorn asked if CFW had prospects for Co-locating on the tower? Mr. Tucei said he did not have any information concerning the prospects or price per month but could find out.

Mr. Wells asked for comments from the public.

Mr. Dave Bogner, 1267 Snap Dragon Lane spoke. He stated that this tower would have an adverse effect on his house and property. He owns 17 acres off Walton Road. The tower will be less than .4 of a mile off his porch and will be a good 80 feet above his terrain at his house. He presented a picture of his house.

Walter Stultz, adjacent property owner, spoke. He asked what road would be used to get to the tower? Mr. Scott explained what roads lead to the site.

There being no further comments from the public, Mr. Wells closed the public hearing on the John W. Eanes, Jr. (Agent: CFW Wireless) special Use Permit request.

Mr. Wells opened the public hearing on the Proposed Amendments to the Montgomery County Subdivision Ordinance.

Mr. Powers stated that this request had been sent from the Board of Supervisors asking that the Planning Commission prepare an amendment to the Subdivision Ordinance. Mr. Powers reviewed the following two alternatives that had been prepared:

Alternative 1:

Subdivision, the agent or the Board of Supervisors shall not approve the final plat until the subdivider provides a written statement from the health department certifying the suitability of the subdivision for septic systems. Such certification shall state that soil evaluations have been performed and that each lot to be served by a septic system meets health department requirements for such a system and that each septic system lies entirely within the lot containing the structure served by the septic systemÉ (addition shown in italics)

(b) If there are no plans to extend public sewer or approved private sewer to the subdivision, the agent or the Board of Supervisors shall not approve the final plat until the subdivider provides a written statement from the health department certifying the suitability of the subdivision for septic systems. Such certification shall state that soil evaluations have been performed and that each lot to be served by a septic system meets health department requirements for such a system and that each septic system lies entirely (1)within the lot containing the structure served by the septic system or (2) within a common area controlled by a homeownerÕs associationÉ(addition shown in italics)

Mr. Wells asked for comments from the public.

Mr. Don Rainey, Rainey Engineering, spoke. He stated that he would like to support Alternative #2 instead of Alternative #1 because it allowed flexibility in laying out a subdivision.

There being no further comments from the public, Mr. Wells closed the public hearing on the Proposed Amendments to the Montgomery County Subdivision Ordinance.

Mr. Wells opened the Public Address Session.

Mr. G J. Craighead, 2422 Gardner Street, spoke in opposition to the PSA water line monthly charge and the high connection fee. He said he has been done wrong and he is very unhappy with the PSA. Mr. Alcorn suggested that a letter be sent to Michael Kirk, Director, PSA, concerning this issue and asking that Mr. Craighead receive notification of the next PSA meeting at the Courthouse.

There being no further comments from the public, Mr. Wells closed the Public Address Session.

Discussion followed. Mr. Draper said he would support any future rezoning to adjacent properties. There is already industrial, commercial and residential zoning in the general area.

Discussion followed. Mr. Martin asked if the industrial park would have an internal road system? Mr. Scott stated that VDOT has approved industrial access for the individual sites onto Gardner Street. Mr. Linkous asked the difference in M-1 and PIN. Mr. Scott stated that PIN is more restrictive district and somewhat higher in landscaping standards. It would insure better compatibility with surrounding land uses.

Mr. Alcorn stated that this is the fifth request by CFW Wireless for a Special Use Permit to allow towers. He stated that he would like to insure Co-location of other users on this tower. Mr. Martin stated that he is concerned over towers sticking all over parts of the county.

Mr. Draper stated that he is not aware of problems from septic systems on other lots in Montgomery County and he does not see a need for this change in the Subdivision Ordinance. There is need for flexibility to best utilize land when it is developed.

Mr. Powers made a presentation and reviewed the Final Plat and draft conditions. Mr. Don Rainey presented information to the commission on the fire flows, lot size, drainfields, PSA well site, access to undeveloped adjoining tracts and HomeownerÕs Association. He said these were items that the commission had raised at the previous meeting. Discussion followed.

1. Construction plans for streets and drainage shall be reviewed and approved by the Virginia Department of Transportation (VDOT).
2. Construction plans for public water shall be reviewed and approved by the Montgomery County Public Service Authority. 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. The Hillcrest HomeownerÕs Association shall be responsible for maintenance and liability of all such facilities. The County Attorney shall approve the Covenants, Conditions, and Restrictions and associated By-laws of this HomeownerÕs Association.)
5. Fire hydrants shall be noted on the water provision plans and installed meeting 8-154 criteria.
6. Street name shown on the Final Plat shall be approved by the Planning Department.
7. The descriptions and future use of existing dwelling (Dwelling is non-conforming on plat.) and other structures shall be added to the Plat.
8. A note shall be added to the statement "Property for dedication to Montgomery County for future street connections" on sheet 1 of plat stating "See note #18". In addition, note #18 shall be added to sheet 2 of plat in the notes section and shall read as follows:

Mr. Wells ask Mr. Ewing to chair this request because of his possible conflict of interest.

Mr. Powers reviewed the plats of Kraft and Linkenhoker Subdivision and showed a video of the area. Michael Gay, Gay Engineering, made a presentation on the two subdivisions. He stated that the developer planned to develop seventeen lots .4 to ½ acre with public water and sewer from the Town of Blacksburg as the Kraft Subdivision. He said the Linkenhoker project for new home sites will have a minimum of 3-acre lots with a common area. He reviewed each plat with the Commission. He stated that they had a good public meeting that was held on November 5th with adjoining property owners. Discussion followed.

1. Construction plans for streets and drainage shall be reviewed and approved by the Virginia Department of Transportation (VDOT).
2. Construction plans for public water and sewer systems shall be reviewed and approved by the Town of Blacksburg.
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. (If stormwater detention facilities are necessary, then a HomeownerÕs Association shall be established. The HomeownerÕs Association shall be responsible for maintenance and liability of all such facilities. The County Attorney shall approve the Covenants, Conditions, and Restrictions and associated By-laws of this HomeownerÕs Association.)
5. Fire hydrants shall be noted on the water provision plans and installed meeting 8-154 criteria.
6. Street name shown on the Final Plat shall be approved by the Planning Department.
7. The property lines for all lots need their exact dimensions and size added.
8. The necessary Plat Statements (ownerÕs, conforming, notary, source of title, & approving statement) shall be added to the Plat.
9. The location of any existing septic fields and wells or other proof of water & sewer provision shall be added to the Plat for the existing house on the residual lot.

 

10. The descriptions and future use of existing dwelling (Dwelling is non-conforming on plat.) and other structures shall be added to the Plat.
11. The description of the maintenance arrangements for the common area & proposed pathway shall be added to the Plat. In addition, the easement for the proposed pathway from this common area to Harding Avenue shall be added to the Plat.
12. The boundaries of the modified current tax parcel lots shall be added to the Plat.
13. Final Plat shall be reviewed by Planning Commission.

1. A private street in accordance with Section 8-152(b)(3) is permitted provided that: a) no more than 5 lots with a 3 acre median lot size access the private street and b) approximately 32 acres be set aside as permanent private open space under the ownership and management of a HomeownerÕs Association. The Access Plan, including construction specifications and a maintenance agreement or plan, shall be reviewed and approved by the Planning Commission.
2. Construction plans for public water shall be reviewed and approved by the Town of Blacksburg. 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. If stormwater detention facilities are necessary, then a HomeownerÕs Association shall be established. The HomeownerÕs Association shall be responsible for maintenance and liability of all such facilities.
5. The property lines for all lots need their exact dimensions and size added.
6. A 50 feet R/W from Ruckers Road shall be extended and dedicated to public as necessary to create the required road frontage for Lot 7.
7. Street names shown on the Final Plat shall be approved by the Planning Department.
8. The necessary Plat Statements (ownerÕs, conforming, notary, source of title, & approving statement) shall be added to the Plat.
9. The locations of the existing water and their connections shall be added to the Plat.
10. The boundaries of the modified current tax parcel lots shall be added to the Plat.
11. Final Plat shall be reviewed by Planning Commission.

Mr. Powers reviewed the conditions and changes to the plat with the Commission.

1. Construction plans for streets and drainage shall be reviewed and approved by the Virginia Department of Transportation (VDOT).
2. A private street in accordance with Section 8-152(b)(3) is permitted provided that no more than 2 lots access the private street. The Access Plan, including construction specifications and a maintenance agreement or plan, shall be reviewed and approved by the Planning Commission.
3. All phases shall satisfy the requirement that dead-end streets serve no more than 35 dwelling units. (Section 9-152(c)).
4. Provision for individual septic systems for each lot shall be reviewed and approved by the Montgomery County Health Department.
5. Power lines, telephone lines and other public utilities shall satisfy the requirement for underground utilities. (Section 8-155(a)).
6. An erosion & sediment control plan shall be reviewed and approved by the County Engineer. (If stormwater detention facilities are necessary, then a HomeownerÕs Association shall be established. The HomeownerÕs Association shall be responsible for maintenance and liability of all such facilities. The County Attorney shall approve the Covenants, Conditions, and Restrictions and associated By-laws of this HomeownerÕs Association.)
7. Street name for private road shown on the Final Plat shall be approved by the Planning Department.
8. The building setbacks for each lot shall be added to the Plat.
9. The owner(s) of the land to the northeast, east, and southeast shall be clearly noted.
10. The address of the landowner dividing their land shall be added to the Plat.
11. The building setbacks shall be corrected for the R2 zoning.
12. The zoning for the divided area shall be stated more clearly.
13. The lot acreage breakdown shall be more detailed.
14. The sketch relating the platted area to its surroundings shall be more detailed and clear.
15. Final Plat shall be reviewed by Planning Commission.

There being no further business, the meeting was adjourned at 8:35 p.m.

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