Planning Commission

15 March 2000

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON MARCH 15, 2000 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

Mr. Neumann, Vice-Chair, called the meeting to order. Don Linkous, Secretary, established the presence of a quorum.

Present:Harry Neumann, Vice-Chair

Don Linkous, Secretary

Mary Biggs, Board of Supervisors Liaison

Kathryn Brennan, Member

Ray Alcorn, Member

Richard Daub, Member

Charlie Elgin, Member

Malvin Wells, Member

Joe Powers, Staff

Kelly Boyers, Staff

Phyllis Conner, Planning Department Secretary

Absent:James Martin, Chair

Joe Draper, Member

Michael Ewing, Member

Mr. Neumann opened the public hearing on the Quorum Holding Company (Agent: Christopher Tuck) Special Use Permit request.

Mr. Powers showed a video of the area. Mr. Powers stated that one property owner had not been properly notified for the previous public hearing, so the Board of Supervisors sent the request back to the Planning Commission to hold another public hearing.

Mr. Neumann asked for comments from the applicant and the public.

Christopher Tuck, Applicant, addressed the Commission. He stated that his wife is owner of the property and wishes to provide a place for the Playmakers. He said there would be small community productions on Friday, Saturday and Sunday and there will be no major impact on the area.

Terry Goodson, Site Committee Chairman for the Playmakers, was present to answer questions.

Richard Harrington, member of the Playmakers group spoke. He stated that he has been in the area for 3 1/2 years and he loves this little theatre.

Mr. Grant Clatterbuck, adjacent property owner, spoke. He said he is not opposed to the community theatre. He addressed concerns over the parking situation. He expressed concern over the possible overflow parking that would end up in the Arbor Apartments lots. He stated that there was a need for limitation on the operating hours to protect noise in the area. Also, he was concerned over the maintenance of the fence between the Arbor Apartments and the parking area of the proposed theatre.

Mr. Tuck stated he does not think the parking, maintenance of the fence and lateness of the theatre would create any problem. Mr. Wells asked what time in the afternoon and night would the theatre perform. Anna Dalton, President of the Playmakers, stated that the afternoon performance would begin around 2:00 p.m. and run approximately two hours. The night play would start around 7:30 p.m. and run approximately three hours. She stated that 10:30 - 11:00 p.m. would be the latest time for any performance. Mr. Wells asked if the overflow parking would be clearly marked? Mr. Tuck stated that a sign would be placed on the property for overflow parking.

There being no further comments, Mr. Neumann closed the Public Hearing on the Quorum Holding Company (Agent: Christopher Tuck) Special Use Permit Request.

Mr. Neumann opened the Public Address Session. There being no speakers, Mr. Neumann closed the Public Address Session.

None

The Consent Agenda was revised to add Oral T. Linkous Rezoning Request. Mr. Alcorn requested that Montgomery County P.S.A. (Agent: Riner Volunteer Fire Department) Special Use Permit request (2232 Review) and Anna J.N. Thompson (Agent: The TEA Group/Crown Communications) Special Use Permit Request (2232 Review) be removed from the Consent Agenda.

1. Hollybrook Mulch & Sawdust, Inc. (Agent: Alan D. Gillis, Attorney) request for a Special Use Permit; (Tax Parcel 104-A-68G) to allow a garden center on 12.363 acres. Property is located on Firetower Road, in the Riner Magisterial District. The property lies in an area designated Agricultural in the Comprehensive Plan.
2. Oral T. Linkous request to rezone 0.955 acres; (Tax Parcel No. 64-5-4A-4B) from A-1 (Agriculture) to CB (Community Business) to allow an Automotive Repair Shop and a Special Use Permit to allow a Single-Family Dwelling. Property is located adjacent to 4976 Prices Fork Road, in the Prices Fork Magisterial District. The Comprehensive Plan designates this area as rural.
3. VMH, Inc. (Agent: James E. Lucas) request for a Special Use Permit; (Tax Parcel No. 90C-1-A) to allow a manufactured homes Class A (multi-sectional). Property is located on the North side of Springview Drive in Plum Creek section in the Riner Magisterial District. The property lies in an area designated Urban Expansion in the Comprehensive Plan.

Discussion followed concerning the two tower applications.

Discussion began on sharing parking with adjacent business and using the upper paved lot for primary parking and the lower gravel lot for overflow parking. Members recommended that all theater performances be completed by 11:00 p.m. and that this be spelled out in the conditions.

1. This permit is to allow use of present building and parking area for theater purposes. In accordance with the provisions of the zoning ordinance, this permit will automatically become void if use does not take place within two years.
2. Use of this property and parking area for theater purposes shall be limited to non-business hours (times other than 8:00 a.m. to 5:00 p.m. Monday through Friday). Performances shall end no later than 11:00 p.m. and at all times shall meet the requirements of Sections 7-71 through 7-82 of the Montgomery County Code concerning noise.
3. The current building shall be substantially improved in accordance with Montgomery County Building Codes for theater use.
4. The property owner shall be responsible for the provision of sufficient parking. Parking shall be confined to the owner's property unless allowed by written agreement with adjacent property owners.
5. No performances shall be held until the Building Official certifies that the structure meets all building code requirements for a theater.
6. No performances shall be held until the paved parking area is lined as per the provided map.

Mr. Powers addressed the Commission on the Montgomery County Zoning Ordinance and how it addresses telecommunication towers. He reviewed the following background materials from local governments in Virginia:

"Review of applications for Wireless Telecommunications Facilities" by Greg Kamptner, Assistant County Attorney for Albemarle County

Town of Blacksburg Zoning Ordinance Section 4720 "Broadcasting or Communication Tower"

Telecommunications Policy City of Salem

Roanoke County Zoning Ordinance Section 30-87-2 "Broadcasting Tower".

"Strategic Land Use Plan for Telecommunication Facilities" (Adopted as part of Loudoun County's Comprehensive Plan.

Mr. Marty McMahon, County Attorney, addressed the Commission on the Fairfax Tower 2232 Review and Virginia Department of Transportation (VDOT) appeal. Towers on state land must be reviewed under 2232.

Discussion followed. Commission members scheduled a Work Session to be held on March 29^th to discuss the four Communication Tower requests referred back to the Planning Commission by the Board of Supervisors.

Mr. Linkous reported on the Coal Mining Heritage Park Community meeting. He stated that over 100 people were present and Radford University Students did a great job.

7-1-4. Public Addresses. (Add 3^rd Wednesday)

7-4. Discussion of Agenda items requiring approval will occur only after a motion is on the

floor. (Removal)

Ms. Biggs gave a report on the Danbury Withdrawal from Agricultural & Forestal District-3.

Mr. Neumann reported that progress with the Comprehensive Plan, neighborhood meetings, and long range plans regarding towers were items discussed at their meeting.

None.

Mr. Alcorn reported that the Falling Branch Park Road, International Trade Association, Economic Development Commission prospect visits were several items discussed at their February meeting.

Mr. Daub reported that Town of Blacksburg was extending water service to Marsh Rd because of a leaking oil tank and Riner Wastewater Treatment Plant were several items discussed at their meeting.

None

Mr. Linkous had made his report on the Coal Mining Heritage Park Community meeting.

There being no further business, the meeting was adjourned at 9:30 p.m.