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Planning Commission

8 August 2001

Planning Commission Minutes for 8 August 2001

AT A MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION ON AUGUST 8, 2001 IN BOARDROOM (#327), THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

CALL TO ORDER:

Mr. Linkous, Vice-Chair, called the meeting to order and Charlie Elgin, Secretary, established the presence of a quorum.

 

Present: Don Linkous, Vice-Chair

Charlie Elgin, Secretary

Michael Ewing, Member

James Martin, Member

Richard Daub, Member

Steve Howard, Member

Malvin Wells, Member

Mary Biggs, Board of Supervisors Liaison

Joe Powers, Planning Director

Steve Sandy, Zoning Administrator

Kelly Boyers, Planner

Brea Hopkins, Senior Program Assistant

Absent:Harry Neumann, Chair

Ray Alcorn, Member

Kathryn Brennan, Member

John Muffo, Board of Supervisors Liaison

APPROVAL OF AGENDA:

On motion by Malvin Wells, seconded by James Martin and unanimously carried (Neumann, Alcorn, and Brennan absent), the agenda was approved.

PUBLIC HEARING:

Noah Hale, Special Use Permit (Staff Analysis)

Mr. Linkous introduced the request and stated Mr. Hale was requesting a Special Use Permit to operate an automotive repair shop at 3655 North Fork Road, Tax Parcel No. 58-A-2A4 in the Mt. Tabor Magisterial District.

Mr. Sandy showed the location of the property and building on the map and survey plat. He stated the garage was built as a private garage with apartment; however, Mr. Hale planned on building a house adjacent to the structure and opening a public automotive repair business. The garage will be for minor repairs and inspections only; no bodywork will be taking place. The facility will be required to meet state standards; however, the following conditions were recommended:

  1. The repair shop will occupy no more than 1200 square feet of the existing garage.
  2. There will be no more than six (6) damaged or inoperable vehicles on the site at any one time. All tools, equipment and materials will be located inside the building. All repair work will be conducted inside the garage.
  3. The business sign on the property will not exceed 15 square feet in area.
  4. There shall be no detectable noise from the automotive repair shop at property lines with adjoining property owners.
  5. No repair work will occur on Sunday or between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday. Repair work will be limited to automobiles and light trucks only.
  6. Approval of septic facilities for commercial operation shall be granted by the Montgomery County Health Department within sixty (60) days of approval of the Special Use Permit.
  7. Failure to comply with all conditions of this Special Use Permit after due notice from Zoning Administrator will result in revocation of permit from Board of Supervisors.

Mr. Sandy stated a couple of the neighbors had called and was concerned with increased traffic, especially on Saturdays during Virginia Tech football games. He presented a video of the site and surrounding property.

Mr. Linkous asked if VDoT had approved the entrance. Mr. Sandy and Mr. Hale confirmed the proper permit had been obtained but final approval had not been issued.

Ms. Biggs confirmed with Mr. Sandy the site was not currently being used for public repairs. Mr. Sandy also confirmed fluids were placed in a tank located at the end of the building; which was emptied frequently.

Mr. Linkous opened the public hearing and invited the applicant to speak.

Noah Hale stated there would be no "heavy" work on site. The majority of the work conducted would be brake replacement, oil changes, tires, engine repairs and inspections. The vehicles will be pick-up trucks and cars, there will not be any heavy trucks, tractors or equipment on site.

Mr. Elgin advised Mr. Hale to contact DEQ in regards to an 8700 permit; which would exempt him from liability because of the size of business. He noted concern in regards to the occupancy of the apartment. Mr. Hale noted he was the current occupant and the apartment will be turned into an office once his house is built.

Mr. Linkous confirmed the seven (7) conditions listed were acceptable with Mr. Hale.

Mr. Wells asked about the traffic on Saturday versus Monday through Friday. Mr. Hale stated there was more traffic throughout the week because of his masonry business.

Mr. Paul Propst, adjoining property owner, stated he was concerned with the noise; however, he felt the conditions placed by staff would control the noise.

There being no further comments, Mr. Linkous closed the public hearing.

On motion by Malvin Wells, seconded by Jim Martin and carried by a vote of 7-0 (Neumann, Alcorn, and Brennan absent), Noah C. Hale requested a Special Use Permit, in Agricultural (A-1) on a 22.205 acre tract to allow an automotive repair shop is recommended for approval to the Board of Supervisors subject to the following conditions:

      1. The repair shop will occupy no more than 1200 square feet of the existing garage.
      2. There will be no more than six (6) damaged or inoperable vehicles on the site at any one time. All tools, equipment and materials will be located inside the building. All repair work will be conducted inside the garage.
      3. The business sign on the property will not exceed 15 square feet in area.
      4. There shall be no detectable noise from the automotive repair shop at property lines with adjoining property owners.
      5. No repair work will occur on Sunday or between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday. Repair work will be limited to automobiles and light trucks only.
      6. Approval of septic facilities for commercial operation shall be granted by the Montgomery County Health Department within sixty (60) days of approval of the Special Use Permit.
      7. Failure to comply with all conditions of this Special Use Permit after due notice from Zoning Administrator will result in revocation of permit from Board of Supervisors.

The property is located at 3655 North Fork Road and is identified as Tax Parcel No. 58-A-2A4 (Account ID #023650) in the Mt. Tabor Magisterial District. The property lies in an area designated as Rural in the Comprehensive Plan.,

Tena Price (Agent: Sharon C. Karr) Rezoning Request (Staff Analysis)

Mr. Linkous introduced the request and stated Yvonne Price C/O Tena Price, (Agent: Sharon Karr) requested to rezone property located at 1239 Oilwell Road from Agriculture (A-1) to Residential (R-3) with a Special Use Permit to allow a manufactured home.

Mr. Sandy stated Tena Price and Sharon Karr were sisters trying to settle their mother's estate. The property has two (2) homes on the lot; therefore, they want to divide the lot so each has one of the homes. In order to divide in Agriculture (A-1) they must have 2.0 acres, the lot is only 1.943 acres. He showed the location of the property on the map and survey, then presented a video of the site and surrounding area. Public water and sewer is available to the property.

Mr. Elgin asked if the storage building would be in the setback when divided. Mr. Sandy stated it would be required to be ten (10) feet from the rear property line and the plat would not be signed unless it met the setback requirements. Ms. Karr presented a revised plat showing the approximate location of the division and the storage building was located 10 foot from the rear line.

Mr. Martin asked if the existing single-wide was replaced with a stick-built home would the setbacks still be able to be met. Mr. Sandy stated the front and rear setback would be reduced to twenty-five (25) feet if rezoned and a stick-built should fit on the lot.

Mr. Linkous opened the public hearing; however, there being no comments the public hearing was closed.

Mr. Howard stated he would be abstaining from voting because Sharon Karr was his sister-in-law.

On motion by Malvin Wells, seconded by Richard Daub and carried by a vote of 6-0 (Howard abstaining; Neumann, Alcorn, and Brennan absent), Yvonne L. Price, c/o Tena Price (Agent: Sharon C. Karr) request to rezone approximately 2.0 acres from Agriculture (A-1) to Residential (R-3), with possible proffered conditions, and a Special Use Permit to allow a manufactured home was recommended for approval to the Board of Supervisors. Property is located at 1239 Oilwell Road and is identified as Tax Parcel No. 66-A-112 (Account ID #015265) in the Prices Fork Magisterial District. The property lies in an area designated as Urban Expansion in the Comprehensive Plan.

OLD BUSINESS:

NEW BUSINESS:

There being no further business, the meeting was adjourned at 7:45 p.m.

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