Planning Commission

12 April 2000

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON APRIL 12, 2000 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

CALL TO ORDER:

Mr. Linkous, Secretary, called the meeting to order and established the presence of a quorum.

Present:Don Linkous, Secretary

Ray Alcorn, Member

Richard Daub, Member

Joe Draper, Member

Charlie Elgin, Member

Michael Ewing, Member

John Muffo, Board of Supervisors Liaison

Malvin Wells, Member

Joe Powers, Staff

Kelly Boyers, Staff

Phyllis Conner, Planning Department Secretary

Absent:Kathryn Brennan, Member

James Martin, Chair

Harry Neumann, Vice-Chair

PUBLIC HEARING:

Hollybrook Mulch & Sawdust, Inc. (Agent: Alan D. Gillis, Attorney) Special Use Permit Request: (Planning Commission Decision)

Mr. Linkous opened the public hearing on the Hollybrook Mulch & Sawdust, Inc. Special Use Permit. He stated that they requested a Special Use Permit to allow a garden center on 12.363 acres, located on Fire Tower Road.

Mr. Powers showed a video of the area.

Mr. Alan Gillis, Attorney, addressed the Commission on the request. He showed a plat of the area and stated that he was agent for the request. He said the proposed garden center would be a wholesale and retail center. Top soil, decorative stone and other supplies and equipment would be available. The Mud Pike entrance would be used by large trucks to keep them off Fire Tower Road. Some of the planted buffer could be removed to improve the sight distance for the Fire Tower Road entrance. Mr. Bolt, Holybrook Mulch & Sawdust, Inc., stated that this would not be a tremendous operation. They have a 30x40 foot covered areas to keep plants with 10-12 parking places. The parking area will not be paved, just graveled.

Mr. Linkous stated that he is concerned about the entrance road from Mudpike Road. Mr. Elgin asked where the supply trucks would be parked after they are emptied? Mr. Gillis stated they when the wholesale trucks make their deliveries and are empty, they will return back to their plant. Two short bed delivery trucks will be parked on the 12 acres site. Mr. Bolt stated that it is their intention to keep the top soil wet to keep down the dust.

Mr. Robert Bratton, Fire Tower Road, spoke in opposition to the request. He said the land being vacant for six years is not true. Top soil has been sold from the site all winter. He expressed his concern over the dust and mulch in the area since he lives on across from the sawmill.

Mr. Robert Mitchell, 4384 Mud Pike Road, spoke in opposition to the request. He expressed his concern over the increase of traffic and no road improvements have been made. He questioned how people could get from the existing mulch operation to the site without getting on the road. He said the road is not designed for more traffic and dust.

Mr. Bill King, 3326 Mud Pike Road, spoke in opposition to the request. He stated that the road is not designed to handle anymore traffic. He stated that a 300 resident petition was presented last year to oppose any additional Rezonings and Special Use Permits for Turman Lumber. He said another petition is being circulated to oppose the Hollybrook Mulch & Sawdust, Inc. request. Mr. King said the area roads are not safe.

Ms. Ellen King, 3326 Mudpike Road, spoke in opposition to the request. She expressed concern over the safety of the Mud Pike entrance. She said large trucks now cannot make the turn without coming off the pavement. Some of the fences have been knocked down. She stated that they do not need anymore traffic on Mud Pike or Fire Tower roads. She stated that traffic has already increased on Mud Pike road because of the new New River Valley Medical Center. People use Mud Pike instead of Interstate-81.

There being no further comments, Mr. Linkous closed the Hollybrook Mulch & Sawdust, Inc. (Agent: Alan D. Gillis, Attorney) Special Use Permit request.

VMH, Inc. (Agent: James E. Lucas) Special Use Permit Request: (Planning Commission Decision)

Mr. Linkous opened the public hearing on the VMH, Inc. (Agent: James E. Lucas) Special Use Permit request. He stated that the Special Use Permit request was to allow a manufactured homes Class A (multi-sectional).

Mr. Powers showed a video of the area.

Mr. Lucas stated that their proposal would locate the Class A Manufactured housing (multi-sectional) on a parcel that has already been designed for a 28 lot subdivision and is currently served by public water and sewer. This would be the final phase of Springview Subdivision. The lots would be roughly the same size as in earlier phases. Up to 46 duplex units could be built with the existing R-3 zoning but he only wants to have the 28 double-wide lots with controls.

Mr. Elgin asked about the buffering. Mr. Lucas stated that they did not plan to allow dog pens and storage buildings. Mr. Linkous asked if the land would be rented or bought? Mr. Lucas said most of the lots would be sold.

Mr. Clarence Clendenin, 3276 Springview Drive, spoke in opposition to the request. He stated that there would be an increase in traffic on Springview Drive and Firetower Road and more trash in the neighborhood. He presented a petition with 14 signatures opposing the development.

Mr. Jeff Duncan, 3311 Springview Drive, spoke in opposition to the request. He expressed concern over the increase in traffic and safety of children. He said the value of their property would decrease.

There being no further comments, Mr. Linkous closed the public hearing on the VMH, Inc. (Agent: James E. Lucas) Special Use Permit request.

Oral T. Linkous Rezoning and Special Use Permit Request: (Planning Commission Decision)

Mr. Don Linkous opened the public hearing on the Oral T. Linkous Special Use Permit request. He stated that the Rezoning from A-1 (Agriculture) to CB (Community Business) to allow an Automotive Repair Shop and Special Use Permit request to allow a Single-Family dwelling.

Mr. Powers showed a video of the area.

Mr. Oral Linkous stated that the proposed operation would be small - around 8 cars in the repair shop. He would operate 8 hours a day, 5 days were week. He said the operation would be a semi-retirement operation.

Mr. Joe Parrish, 953 Magnolia Lane, stated that he has no objections to the request. He would like to know the restrictions.

There being no further comments, Mr. Don Linkous closed the public hearing on the Oral T. Linkous Rezoning and Special Use Permit request.

PUBLIC ADDRESS:

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

APPROVAL OF AGENDA:

On motion by Joe Draper, seconded by Malvin Wells and unanimously carried, the agenda was approved as distributed.

OLD BUSINESS:

Hollybrook Mulch & Sawdust, Inc. (Agent: Alan D. Gillis, Attorney)

Mr. Alcorn asked if a traffic count had been completed by Virginia Department of Transportation (VDOT)? Mr. Powers stated that none had been done since 1996. Mr. Alcorn expressed his main concern over the traffic problem. No improvements are in the plans for either the Mud Pike or Fire Tower Road. The road system is not adequate for the existing commercial and industrial operations. Mr. Daub said he felt the increase in traffic would be a problem. Mr. Draper stated that the site plan is inadequate to show the proposed business and the traffic pattern.

On motion by Ray Alcorn, seconded by Malvin Wells and unanimously carried, the 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 is recommended to the Board of Supervisors for denial. Property is located on Firetower Road, in the Riner Magisterial District.

VMH, Inc. (Agent: James E. Lucas) Special Use Permit Request:

Mr. Alcorn said the property has been zoned for a residential subdivision for many years. The proposed double-wides will not change the character of what is already there. The original intent for the area was manufactured housing. He recommended that the first draft condition - The developer must include the provision prohibiting outside pets, avoiding the problems of unsightly dog pens and barking dogs be deleted. Mr. Draper said the proposal will limit the number of lots to less than could be done by right. Mr. Elgin said the Special Use Permit would not have ever been necessary if the property had been developed 8 or 9 years ago.

On motion by Ray Alcorn, seconded by Joe Draper and unanimously carried, the 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) is found to be compliant with the Comprehensive Plan and recommended to the Board of Supervisors for approval subject to the following two conditions:

1. All primary structures must be placed on permanent foundations in order to keep with the character of the neighborhood; and
2. The development must include a permanent buffer surrounding the new neighborhood in accordance with the green-space requirements for compact developments in R-3.

Property is located on the North side of Springview Drive in Plum Creek section in the Riner Magisterial District.

Oral T. Linkous Rezoning and Special Use Permit Request

Mr. Alcorn suggested that the sixth draft condition concerning the buffering in the form of a fence and trees on the west also include on the north.

On motion by Ray Alcorn, seconded by Michael Ewing and unanimously carried, the 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 is found to be compliant with the Comprehensive Plan and recommended to the Board of Supervisors for approval subject to the following six conditions:

1. Entrances must comply with all VDOT regulations, including curbing. The applicant must obtain a commercial entrance permit, and a copy of the permit shall be provided to the Montgomery County Zoning Administrator.
2. As required under the Community Business Requirements, all repairs and service operations must take place within a completely enclosed enclosed building and can be no more than 2,000 square feet in size.
3. Waste oil and solvents shall be properly stored and disposed of according to state and federal requirements.
4. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday.
5. No more than 10 vehicles to be repaired or being repaired shall be parked on the property at any given time.
6. The applicants must provide buffering in the form of a fence and trees on the west and north side and trees and shrubs on the front between the parking lot and the road.

Property is located adjacent to 4976 Price's Fork Road, in the Price's Fork Magisterial District.

Hazel B. Linkous (Agent: TEA Group/Crown Communications) Special Use Permit Request:

Commission members began discussion on the Linkous/TEA Group/Crown Communications request. The Chairman recognized Mr. Harold Timmons who said the site would allow co-location like 70% of their sites in the county. They are trying to get sites in Blacksburg but sites near jurisdictional lines are the norm. Mr. Elgin said that there are problems with helicopters in the area. Mr. Daub said that he could not support the request because there are many residences nearby and the tower would be highly visible to them. He felt the tower was out of character with the neighborhood. Mr. Alcorn said he was in favor of technology but he also felt the proposed 200' tower was out of character with the area. Discussion continued. Most of the members were in favor of the maximum height of the tower being reduced from the applicant's request 200' to 100'. They felt this height reduction was necessary in order to make the tower more compatible with nearby residential neighborhoods and to reduce its impact. The tower location is highly visible since it is near the top of a ridge and has no tree cover. The tower is taller than any other structure in the area with the nearby Wall farm silo being approximately 80' in height. A tower only 100' in height is less likely to require lighting by the FAA due to the airport thus reducing glare and light.

Mr. Daub said he does not support this site for a tower of any height. Mr. Linkous said that he is not an adjoining landowner, but lives within 1,000 feet of the proposed tower. Mr. Linkous said he felt a tower of any height at this location would be incompatible with nearby residential neighborhoods. Mr. Elgin said he felt a tower of 200' height should be allowed because a smaller tower would increase the likelihood of a second tower in the future to provide coverage. A motion by Mr. Elgin to permit a monopole tower with a maximum height of 199' died for lack of a second.

On motion by Ray Alcorn, seconded by Joe Draper and carried by a vote of 4 to 3 (Daub, Elgin and Linkous opposing), the Hazel B. Linkous (Agent: TEA Group/Crown Communications) request for a Special Use Permit to allow construction of a telecomunications tower on Tax Parcel 52-A-118 located at 2049 Merrimac Road was found substantially in accord with the Comprehensive Plan (2232 review) and recommended approval to the Board of Supervisors subject to the following three conditions:

1. This permit is to authorize construction of a monopole communications tower. In accordance with the provisions of the zoning ordinance, this permit shall automatically become void if substantial completion has not taken place within two years of the date this permit is approved.
2. The height of the tower and attached antennas shall be no greater than one hundred (100) feet above ground elevation of 2044.71' (NAVD-88).
3. All additional standards specified for freestanding telecommunication towers in Section 4-806 of the zoning ordinance shall be met.

Ted W. Graham (Agent: GTE Wireless, Inc.) Special Use Permit Request:

Commission members discussed the Ted Graham/GTE Wireless request. They felt that replacing the existing tower with a new one only 25' taller was preferable to allowing a second tower nearby. There would be less impact on the visual environment and on nearby residences.

On motion by Ray Alcorn, seconded by Joe Draper and unanimously carried, the Ted W. Graham (Agent: GTE Wireless, Inc.) request for a Special Use Permit to allow replacement of an existing telecommunications tower with a taller tower on Tax Parcel 81-A-45 located at the end of Brammer Lane is found to be substantially in accord with the Comprehensive Plan (2232 review) and recommended approval to the Board of Supervisors subject to the following three conditions:

1. This permit is to authorize construction of a monopole telecommunications tower to replace the existing tower. In accordance with the provisions of the zoning ordinance, this permit shall automatically become void if substantial completion has not taken place within two years of the date this permit is approved.
2. The height of the new tower and attached antennas shall be no greater than two hundred twenty (220) feet above ground elevation of 2147.0I (NAVD-88).
3. All additional standards specified for freestanding telecommunication towers in Section 4-806 of the zoning ordinance shall be met.

Marvin N. Graham, Sr. (Agent: TEA Group/Crown Communications) Special Use Permit:

Commission members again discussed the two competing requests for telecommunication towers located approximately 2,000' apart. This request is to add an additional 200' tower whereas the previous request is to replace an existing 195' tower with a new 220' tower. Both tower locations are highly visible because there is no tree cover and they are close to Interstate-81.

On motion by Ray Alcorn, seconded by Michael Ewing and unanimously carried, the Marvin N. Graham, Sr. (Agent: TEA Group/Crown Communications) request for a Special Use Permit to allow construction of a telecommunications tower on Tax Parcel 81-A-45 located at 1189 Izaak Walton Road is found not in accord with the Comprehensive Plan (2232 review) and recommended denial to the Board of Supervisors.

American Electric Power (Agent: United Acquisition Service) Special Use Permit Request:

Commission members began discussion on the AEP/United Acquisition Service request. Mr. Kevin Arnold addressed the Commission and said that marketing had informed him that there were now three users interested in co-locating on this tower. Members were in favor of the applicant reducing the requested tower height from 300' to 225'. They felt some additional height is necessary because the tower will be located in a natural depression. Mr. Powers said the tower site is next to Interstate-81 and will be highly visible along both directions of travel, there are no residences in the immediate area only pasture land. This is a very scenic portion of the Interstate in Montgomery County. There is a power transmission line next to the site coming from Claytor Lake. It has numerous towers roughly 80'-90' in height.

On motion by Joe Draper, seconded by Richard Daub and unanimously carried, the American Electric Power (Agent: United Acquisition Service) request for a Special Use Permit to allow construction of a telecommunications tower on Tax Parcel 105-A-71 (existing Edgemont substation) next to Interstate-81 is found substantially in accord with the Comprehensive Plan (2232 review) and recommended approval to the Board of Supervisors subject to the following three conditions:

1. This permit is to authorize construction of a monopole telecommunications tower. In accordance with the provisions of the zoning ordinance, this permit shall automatically become void if substantial completion has not taken place within two years of the date this permit is approved.
2. The height of the new tower and attached antennas shall be no greater than two hundred twenty-five (225) feet above finished ground elevation of 2019'.
3. All additional standards specified for freestanding telecommunication towers in Section 4-806 of the zoning ordinance shall be met.

There being no further business, the meeting was adjourned at 9:00 p.m.