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Montgomery County
Planning Commission Minutes
10 November 1999
AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION
HELD ON NOVEMBER 10, 1999 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG,
VIRGINIA:
CALL TO ORDER:
Mr. Draper, Vice-Chair, called the meeting to order. Kathryn Brennan, Secretary, established the presence of a quorum.
Present: Joe Draper, Vice-Chair
Kathryn Brennan, Secretary
Richard Daub, Member
Charlie Elgin, Member
Michael Ewing, Member
Don Linkous, Member
Jim Martin, Member
Harry Neumann, Member
Joe Powers, Staff
J. Scott, Staff
Meghan Dorsett, Staff
Kelly Boyers, Staff
Phyllis Conner, Planning Department Secretary
Absent: Ray Alcorn, Member
Mary Biggs, Board of Supervisors Liaison
Malvin Wells, Chair
PUBLIC HEARING:
Greg Duncan Rezoning Request:
Mr. Draper opened the public hearing on the Greg Duncan Rezoning request.
Meghan Dorsett showed a video of the area.
Mr. Duncan, applicant, addressed the Commission. He stated that he owns a parcel which includes the Surface Mill located on Union Valley Road. He said he would like to rezone the property from A-1 (Agriculture) to GB (General Business). He is renovating the structure and intends to locate his construction business as one of the two businesses in the structure. In addition to the two businesses and storage space on the first floor of the Mill structure, he plans to have an apartment on the second floor. Mr. Duncan said he does not object to have the request approved to CB (Community Business).
Mr. Draper asked for comments from the public. There being no comments from the public, Mr. Draper closed the public hearing on the Greg Duncan Rezoning request.
American Electric Power (Agent: United Acquisition Service) Special Use Permit Request:
Kelly Boyers showed a video of the area and made a presentation of the request.
Mr. Scott addressed the letter recently received from United Acquisition Services requesting the county defer or table the application for the Special Use Permit. The letter stated that American Tower Corporation through its agent, United Acquisition Services, wished a 60-day deferral to allow time for additional information to be prepared.
The applicant was not present. Mr. Draper asked for comments from the public. There being no comments from the public, Mr. Draper closed the public hearing on the American Electric Power (Agent: United Acquisition Service) Special Use Permit Request.
PUBLIC ADDRESS:
Mr. Draper opened the Public Address session. There being no speakers, Mr. Draper closed the Public Address session.
APPROVAL OF AGENDA:
On motion by Richard Daub, seconded by Jim Martin and unanimously carried, the agenda was approved as amended. Brush Mountain Estates- West Phase 6 Final Plat was added under New Business.
OLD BUSINESS:
Greg Duncan Rezoning Request:
On motion by Harry Neumann, seconded by Kitty Brennan and unanimously carried, the Greg Duncan Rezoning request was opened for discussion.
Ms. Brennan asked if there would be enough parking space? Mr. Duncan stated that he would need fourteen spaces. These spaces have been sketched to be placed behind the building. He said he had approval from Virginia Department of Transportation (VDOT) for a commercial entrance to access the parking behind the building. There would no on the street parking. Mr. Duncan said that Teel and Duncan business would be on one side of the building and another business on the other side. The upstairs would be used for a rental living space. Mr. Elgin inquired about the 10 ft. road frontage. Mr. Duncan stated that he does not intend to use the front door for unloading any material and there would be no storage door opened from the front. Given the historic nature of the old mill building and its location within the Riner Historic District, the Commissioners felt rezoning to Community Business (CB) was more appropriate than General Business (GB). Mr. Duncan said that Community Business (CB) zoning would be satisfactory. The Commissioners applauded Mr. Duncan's desire to renovate an historic building and place it back into active use.
On motion by Harry Neumann, seconded by Don Linkous and unanimously carried, the Greg Duncan request to rezone .542 acre; Tax Parcel No. 119-A-65A from A-1 (Agriculture) to CB (Community Business) is found to be compatible with the Comprehensive Plan and recommended for approval to the Board of Supervisors.
American Electric Power (Agent: United Acquisition Service) Special Use Permit Request:
On motion by Harry Neumann, seconded by Don Linkous and unanimously carried, the American Electric Power (Agent: United Acquisition Service) was opened for discussion.
Members briefly discussed the applicant's wish to have the request tabled.
On motion by Harry Neumann, seconded by Jim Martin and unanimously carried, the Planning Commission recommended that the Board of Supervisors table the American Electric Power (Agent: United Acquisition Service) request for a Special Use Permit on 0.83 acre; Tax Parcel No. 105-A-71 to allow a Telecommunication Facility and refer it back to the Planning Commission for a recommendation after receipt of all information from the applicant.
Bernard L. Ross and Victoria J. Taylor Rezoning and Special Use Permit Request.
Pat Barry, Architect, presented a map and additional information for members to review. He said the applicants plan to operate a health spa with recreational facilities and overnight lodging, a restaurant and farm market. He stated that the new spa and lodge facilities would be the first phase of the development. Mr. Elgin asked what would be the percentage of green space? Mr. Barry said approximately 10%. Discussion followed concerning the proffers and fire hydrants. Mr. Scott stated that it could be the property owner's responsibility for maintenance of the roads on a Homeowner's Association. He stated that density could be decreased but not increased.
On motion by Don Linkous, seconded by Richard Daub and unanimously carried, the Bernard L. Ross and Victoria J. Taylor Rezoning Request from Agriculture (A-1) to Planned Unit Development - Resident (PUD-RES) with a Special Use Permit to allow overnight lodging facilities, restaurant, retail sales, and spa for 52.41 acres; Tax Parcel No. 67-A-199D located at 3141 Yellow Sulfur Road is found to be compatible with the Comprehensive Plan and recommended for approval to the Board of Supervisors with acceptance of the following three proffers:
- The applicants are willing to accept a requirement that all new construction (any new buildings or renovations which require a new building permit and certificate of occupancy) be served by public water and sewer.
- The applicants are willing to accept a requirement that they pay the cost of upgrading Yellow Sulphur Road to VDOT standards from the north property line to the entrance of the property with the upgrades to be completed prior to issuance of any certificates of occupany for new construction or renovations which require a building permit, unless VDOT has completed the upgrade at state expense prior to that time.
- The applicants are willing to erect a privacy fence and/or leave a 50' wide buffer
of undisturbed vegetation between the parking lot and "Out Lot 199" as shown on the plat, whichever option is preferred by the Planning Commission or the owner of Out Lot 199.
NEW BUSINESS:
Mr. Draper stated that he would not participate in discussion or voting on the Brush Mountain requests due to a potential conflict of interest. He appointed Ms. Kathryn Brennan, Secretary, to proceed with the meeting.
Brush Mountain Estates - Phase IV Final Plat:
Mr. Powers reviewed the draft conditions. Discussion followed.
On motion by Don Linkous, seconded by Richard Daub approval of the Brush Mountain Estates - Phase IV Final Plat failed by a vote of 3-3 (Jim Martin, Kathryn Brennan, Harry Neumann, opposing, Joe Draper, Charlie Elgin abstaining).
Brush Mountain Estates - Phase V Preliminary Plat:
Mr. Powers reviewed the draft conditions. Discussion followed.
On motion by Don Linkous, seconded by Richard Daub approval of the Brush Mountain Estates- Phase V Preliminary Plat failed by a vote of 3-4 (Kathryn Brennan, Charlie Elgin, Jim Martin, Harry Neumann, opposing, Joe Draper, abstaining).
Brush Mountain Estates - West - Phase 6 Final Plat:
Mr. Powers reviewed the draft conditions. Discussion followed.
On motion by Don Linkous, seconded by Richard Daub approval of the Brush Mountain Estates - West - Phase 6, Final Plat failed by a vote of 3-4 (Kathryn Brennan, Charlie Elgin, Jim Martin, Harry Neumann, opposing, Joe Draper, abstaining).
Brush Mountain Estates - West - Phase 5, 7, 8, 9 Preliminary Plat:
Mr. Powers reviewed the map and draft conditions. Discussion followed. Mr. Neumann stated that the Comprehensive Plan designated this area conservative and the proposed subdivisions do not comply with the Comprehensive Plan.
On motion by Don Linkous, seconded by Richard Daub approval of the Brush Mountain Estates - West - Phases 5, 7, 8, 9 , Preliminary Plat failed by a vote of 3-4 (Kathryn Brennan, Charlie Elgin, Jim Martin, Harry Neumann, opposing, Joe Draper, abstaining).
Brush Mountain Estates - West - Phase 10 Preliminary Plat:
Mr. Powers stated that the developer is requesting a private street for Phase 10. The county has the option of approving or disapproving a private street. Private streets have been approved in cases where significant open space has been set aside to the benefit of the entire county. Randal Hancock, Engineer Draper-Aden Associates, made a presentation on the proposed development of seven large lots. Mr. Elgin asked if there would be an entrance from Tom's Creek Road? Mr. Hancock stated there would be no way for this entrance. Discussion followed.
On motion by Don Linkous, seconded by Charlie Elgin and carried by a vote of 6-1 (Jim Martin, opposing, Joe Draper, abstaining), the Brush Mountain Estates - West - Phase 10 Preliminary Plat was tabled until the next Regular meeting in December to allow the applicant an opportunity to explore open space alternatives.
Mr. Draper proceeded with the remainder of the meeting.
APPOINT NOMINATING COMMITTEE:
Mr. Draper appointed Kathryn Brennan and Michael Ewing to the Nominating Committee and directed them to bring a report to the next meeting.
There being no further business, the meeting was adjourned at 8:40 p.m.
©Montgomery County Department of Planning
& Inspections
Last Updated 29 October 2000
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