Lori Graham
Contributing Writer
Senior Planner Justin Sanders presented information at a public hearing during the Monday, Feb. 12 Montgomery County Board of Supervisors meeting addressing a request for Shah Development, LLC to amend proffered conditions of the approved rezoning at 3966 Prices Fork Road in the Prices Fork Village.
The proffered list amendment will give flexibility to business uses for the property owner compared to the prior auto repair business (M&M Tire) that was only permitted there previously.
According to Sanders, most of the surrounding properties are either zoned A1 Agricultural or Planned Unit Development Residential, but there is also an R1 Residential area for Sterling Manor subdivision. The property is the previous site of the M&M Tire business and was rezoned to Community Business in 2019.
The original nature of the business that was located at the site allowed for automotive service uses without the availability of the sale of motor fuel.
“The applicant does not currently have an identified use for the property, and they are looking again for that flexibility to determine a future use and market the site accordingly,” Sanders said. “They have proffered a list of potential uses that would be allowed by-right. The applicant also proposes additional proffers to address concerns about that future development of the parcel.”
Additional landscaping, aesthetics, and signage are also included in the proposal. Buffering would be required between the proposed property and nearby residential zoned parcels. Land use goals for this area do suggest the promotion of expansion, Sanders said as part of the Comprehensive Plan.
Sanders also said that the property would meet several policy goals for the Prices Fork Village Plan; including but not limited to meeting requirements for signage, tree placement and vegetative buffer zones.
Further policies and regulations involving environmental issues, stormwater runoff and transportation would be reviewed later once the use of the property is specified.
The Planning Commission recommended approval of the site with the property by-right uses being limited to those listed in the proposal and shall remained zoned as Commercial Business.
Supervisor Todd King requested clarification on the current use of the property being limited to an auto repair shop if the amended proffered list proposed by the applicant did not receive approval.
“That’s correct, so the existing proffer states that it could be an automobile repair shop without motor fuel sales in a building that is 2,000 square feet or less,” Sanders said.
Engineer John Neal from Foresight Design Services presented additional information to the board.
“Just to point out, we are talking about 1.5 acres of land,” Neal said. “The intent, when we went through the rezoning, to Community Business from Agriculture, with M&M Tire operating as a community business for 20-plus years, when it was zoned agriculture, we did it to kind of keep things in line with what M&M was doing there. And the intent was that M&M would operate there for as long as they intended, and then unfortunately, they moved on,” Neal said. “So, Mr. Hagan had an opportunity to purchase the property and with our preserve, Walnut Springs, behind it, we thought it was wise to do that.”
Neal also said there is a buffer of approximately 25 feet to the rear of the parcel and with an additional 50 feet of common space associated with the preserve, there is a total of approximately 75 feet allotted as a buffer to the nearest residential property.
At this time, VDOT is taking no exception to the proposed property, but a traffic analysis might be required once a determination of the property use is made.
Carol Hoge of Walnut Springs, Blacksburg addressed the board during the public comment session of the meeting. Hoge and her family were previous owners of the property and still own an adjacent farm to the rear of the proposed commercial business site.
“My main concern is, we have a man-made pond that adjoins the property line that they’re developing and it’s an absolutely beautiful pond,” Hogue said. “At the closing, we were asked by Shah Development if we would sign an addendum allowing them to have a water runoff or something…into our pond from their development. The lawyer told us that if we signed it, we had nothing to worry about because the County would monitor this. Now, the construction has begun. I don’t know if the County has done any monitoring, but every time it rains, our pond is filled with mud and runoff from the minimal amount of construction that has started.”
Hogue also said that she has lived on the property since 1977 and the pond has never overflowed, but recently water has exceeded the pond’s boundaries. There is a cottage that she uses as a rental located near the pond as well. In total, Hogue says that she has 300 acres of land now in conservation and has been in her family since the mid-1800s.
Supervisor Derek Kitts made a motion on the proffer amendment, suggesting the Prices Fork Road parcel proffer amendment to be moved to the next meeting on March 11, 2024. Kitts suggested that in light of the citizen’s response, more opportunity for discussion may be necessary.
Supervisor April DeMotts agreed a delay on the amendment vote is understandable, but regrets it is also a delay to the applicant.
Supervisor Sara Bohn questioned if the neighboring landowner Hogue’s statements are related to the amendment being discussed before the board. Kitts then withdrew his request to delay the vote.
The Prices Fork Road proffered amendment was passed unanimously by the board.
