Planning Commission
11 July 2001
Planning Commission Minutes for 11 July 2001
AT A MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION ON JULY
11, 2001 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:
CALL TO ORDER:
Mr. Neumann, Chair, called the meeting to order and Charlie Elgin,
Secretary, established the presence of a quorum.
Present:Harry Neumann, Chair
Don Linkous, Vice-Chair
Charlie Elgin, Secretary
Ray Alcorn, Member
Kathryn Brennan, Member
Richard Daub, Member
Steve Howard, Member
Malvin Wells, Member
Joe Powers, Planning Director
Steve Sandy, Zoning Administrator
Kelly Boyers, Planner
Brea Hopkins, Senior Program Assistant
Absent:Michael Ewing, Member
James Martin, Member
John Muffo, Board of Supervisors Liaison
APPROVAL OF AGENDA:
PUBLIC HEARING:
JAG, Ltd. Rezone with Special Use Permit
(Decision)
Mr. Neumann stated that JAG, Ltd. (Agent- Altizer, Hodges, &
Varney, Inc.) requests to rezone 5.4829 acres from Agriculture (A-1) to Planned
Unit Development Commercial (PUD-COM) and a Special Use Permit, with possible proffered
conditions, to allow a convenience store with motor fuel sales. The properties are
located at intersection of Meadow Creek Road (Rte 658) and Tyler Avenue (Rte 600)
near exit 109 of Interstate I-81 and is identified as Tax Parcel Nos. 104-A-29,
87 and 104-4-44,47,48 (Account ID #'s 002241, 002242, 002243, 002244, 002245) in
the Riner Magisterial District. The properties lie in an area designated as Planned
Commercial in the Comprehensive Plan.
Mr. Powers presented a letter from the applicant requesting to
withdraw the request due to the denial by the Board of Zoning Appeals for the variances
requested. He stated the proposed project was surrounded by property zoned residential
and agriculture. The access to the property was a major issue, especially since
the Tyler Road entrance had been denied by the BZA. He presented a video of the
property from various locations.
Mr. Neumann opened the public hearing and invited the applicant
to speak.
Mr. Jim Wessel, representative of JAG, Ltd. asked for the plan
to be withdrawn, so they could make revisions. He stated there were problems with
the Meadow Creek Road entrance and since the Tyler entrance was denied, the project
could not continue under the current plan for development.
Ms. Margaret Smith, resident of Riner, presented an aerial photo
of the surrounding farmland taken when the Stewart's requested development. She
stated their development was of low impact compared to the current request. She
presented a map showing the nearby property was in an Agriculture and Forest District
5, which offered protection of intense development. This development would force
farming out of the area. She had spoken with Mr. Montgomery of the Radford water
department and Mr. Mabry of the Montgomery County PSA regarding the ability to service
the project. She stated there could be a problem when the sewage and storm water
go through the lines in Radford. Mr. Mabry had discussed with her the possible change
by the Peppers Ferry Water Treatment Facility concerning eliminating the allotment
system. At that time the lines may be rerouted. She stated until all issues were
resolved the rezoning should be denied.
Mr. Wessel stated the PSA had sold the company 16,000 gallons per
day and the Radford Planning Commission recommended approval of the project. He
spoke regarding the need for business close to the hospital and Interstate I-81.
The 177 study recommended Planned Commercial development for that location. He stated
they still wished to withdraw the request and revise the plan for the project.
There being no other speakers, Mr. Neumann closed the public hearing
on the JAG, Ltd rezoning with special use permit request.
On motion by Ray Alcorn, seconded by Kitty
Brennan and carried by a vote of 8-0 (Martin and Ewing absent) the Commission accepted
the request to withdraw the JAG, Ltd. (Agent: Altizer, Varney & Hodges) request
to Rezone from Agriculture (A-1) to Planned Unit Development Commercial (PUD-COM)
with Special Use Permit The properties are located at intersection of Meadow Creek
Road (Rte 658) and Tyler Avenue (Rte 600) near exit 109 of Interstate I-81 and is
identified as Tax Parcel Nos. 104-A-29, 87 and 104-4-44,47,48 (Account ID #'s 002241,
002242, 002243, 002244, 002245) in the Riner Magisterial District. The properties
lie in an area designated as Planned Commercial in the Comprehensive Plan.
Kenneth K. & Sara Lynn Jones, Special
Use Permit request (Decision)
Mr. Neumann stated that Kenneth K. & Sara Lynn Jones requests
a Special Use Permit, with possible conditions, in Agricultural (A-1) on a 2.29
acre tract to allow commercial kennel. The property is located at 1723 Mount Tabor
Road and is identified as Tax Parcel No. 28A-1-45, 46, & 49 (Account ID #007792)
in the Mt. Tabor Magisterial District. The property lies in an area designated as
Agriculture in the Comprehensive Plan.
Mr. Sandy stated even though the request was for a "commercial
kennel" there would not be any overnight boarding except on occasional circumstances.
The request is for a doggy day-care and grooming facility. The existing barn would
be renovated and runs would be added onto the backside. No dogs will be allowed
to run loose on the property. Surrounding property is zoned Agriculture, except
for the Shilo Way Subdivision across the street which is zoned Residential (R-2).
Currently, Ms. Jones runs "Pampered Pets" in Blacksburg and wishes to move the business
to her home. There are horses on the property; however, they will be removed prior
to starting the renovations. VDoT stated the existing drive would be allowed if
the following conditions are met:
-
Since the driveway is shared, the adjoining owner must agree to the use;
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No rezoning will take place and the property will be allowed this use only;
-
Present owners maintain ownership of the property;
-
If the business increases passed the maximum expected of 30 vehicles per day
a commercial entrance will be required.
Mr. Sandy confirmed the health department had approved the use
of the existing septic system. He presented a video of the property, showing the
nearest adjoining structure to be approximately 250 feet from the proposed business
structure.
Mr. Neumann opened the public hearing.
Ms. Sara Jones, owner, stated she had been in the grooming business
for two (2) years and operated out of Blacksburg. The current location had no restrooms
for the dogs and was one big open room. Based on her experience the best way to
deal with problem barkers was to have a "quiet room" with extra insulation, low
light and no other dogs. Her location in the existing barn would allow this as well
as an outdoor run area. She stated the dogs will be kept close to the building and
not allowed to run free. She considered a privacy fence to eliminate contact with
other animals in the neighborhood and has tried to think of other options to pacify
neighbor concerns. It is not desired to board animals overnight, the hours will
be from 9am-6pm Tuesday-Saturday and fines will be imposed on late pickups. Odor
will be controlled by immediately disposing of the waste and using a diluted solution
with a little bleach to clear the bacteria.
Mr. Ted Settle, 1867 Mount Tabor Road, stated he was opposed to
the request for the following three (3) reasons;
-
He moved to the neighborhood because it was attractive with little traffic
and there were not businesses, noise, or odor present.
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Currently there are rats living in a huge manure pile on the property.
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The ground in the area does not perk well and there have been many problems
in the area with septic systems. He disagrees with the Health Department that
the existing septic will accommodate the kennel.
Mr. Rader Vaden, 1835 Mount Tabor Road, stated he was in opposition
of the request. The neighborhood has always been quiet and the business would create
more noise. He was also concerned about the rats and odor coming from the property.
Mr. James Lafon, resident of neighborhood, stated a business should
not be allowed in the midst of a housing development. Currently there are already
rats and odor coming from the property, if dogs are added there will also be noise.
He asked the Commission to deny the request.
Mr. Jay Sutherland, resident of Shilo Way Subdivision stated he
had two (2) concerns:
-
Noise would be increased and the way the property sits above the subdivision
it creates an amphitheater effect. This allows the sound to carry and at times
normal conversations can be heard.
-
Traffic would be increased and there is a bus stop at this driveway. Several
children use this stop.
Mr. Mark Allman, veterinarian stated the area was residential in
nature and a kennel would need a septic to hold more than residential amount of
waste.
Mr. Kevin Jones, owner, stated he was unaware of the large number
of rats coming from the manure pile. He planned on removing the pile within the
next week or two, because the horses would be removed in that time. He had only
seen two (2) rats in the barn and assumed they were in the feed. As far as noise,
the trees border the property creating a barrier and the garage and house create
a buffer to Shiloh Subdivision.
There being no further speakers, Mr. Neumann closed the public
hearing on the Kevin & Sara Lynn Jones Special Use Permit request.
Mr. Alcorn confirmed the location of the speakers and the creek
running through the neighborhood. He questioned if the property had any sinkholes;
however, Mr. Sandy could only confirm that none were visible. Mr. Alcorn stated
he was concerned by the request because of the problem with sinkholes, manure pile
and the increased traffic.
Mr. Wells questioned the codes regarding kennels. Ms. Jones stated
there were codes regarding large commercial kennels, but that is not what was being
requested. She anticipated keeping just a few dogs during the day and operating
her grooming business.
Mr. Wells noted the property was zoned Agriculture and confirmed
with Mr. Sandy it was recommended to be Agriculture (A-1) in the Comprehensive plan
and the Jones' could actually spread the manure on their property.
Ms. Brennan questioned how long the manure pile had been on the
property. Mr. Jones stated it had gotten big within the last couple of months. Horses
had been on the property since last summer; but both would be gone soon.
Mr. Elgin asked how the business would be kept clean. Ms. Jones
stated it would be a crate system. Waste would be cleaned up, disposed of and then
the area would have a sanitary formula applied. The amount of waste will be minimal
because there will not be a large number of dogs in the day care. All hair and toenails
from the grooming business will be placed in trash bags. The business will be operated
by appointment only.
On motion by Ray Alcorn, seconded by Richard
Daub and carried by a vote of 5-3 (Elgin, Brennan, and Neumann oppose, Martin and
Ewing absent), Kenneth K. & Sara Lynn Jones request a Special Use Permit, with
possible conditions, in Agricultural (A-1) on a 2.29 acre tract to allow commercial
kennel is recommended to the Board of Supervisors for denial. The property is located
at 1723 Mount Tabor Road and is identified as Tax Parcel No. 28A-1-45, 46, &
49 (Account ID #007792) in the Mt. Tabor Magisterial District. The property lies
in an area designated as Agriculture in the Comprehensive Plan.
OLD BUSINESS:
NEW BUSINESS:
There being no further business, the meeting was adjourned at 8:15
p.m.
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