Blacksburg Planning Commission Meeting: March 5, 2019 – Chickens and Old Middle School Rezoning

The Planning Commission held a work session and regular meeting on March 5, 2019, at the Blacksburg Municipal Building. The regular meeting began at 7:30 p.m. and included a consent agenda, two public hearings (one on a chicken ordinance, one on the Old Blacksburg Middle School rezoning), and reports from committees. The public hearing on the OBMS rezoning was continued to a special meeting on March 19, 2019.

Consent Calendar

• Approval of Planning Commission Minutes – February 5, 2019: Approved unanimously (8-0).
• CUP19-0001 – Conditional Use Permit for a Financial Institution with Drive-Through at 2701 Prices Fork Road: Scheduled for public hearing on April 2, 2019. Approved unanimously (8-0).

Public Hearing: Zoning Ordinance Amendment #41 (Ordinance #1888) – Urban Chickens

Staff Presentation (Paul Patterson, Zoning Administrator):

• Proposed amendment to allow keeping of up to six hens (no roosters) on single-family detached lots in R-4, RR-1, and RR-2 districts town-wide, and as a one-year pilot program in the Bennett-Hill/Progress Street neighborhood (R-5 zoning).
• Key requirements: chicken coop/pen maximum 128 sq. ft., minimum 4 sq. ft. per hen, rear yard location, 15 ft. setback from property lines, 50 ft. setback from adjacent dwellings, annual permit fee of $30, and a chicken management plan.
• Existing hens not grandfathered; 45-day grace period to apply.

Public Comment:

• Jennifer Vance (Liberty Lane) expressed strong support for the ordinance, stating that having chickens was a major factor in her family’s home-buying decision and that they have enjoyed raising chickens with their five children.

Commission Discussion and Motion:

• Commissioner Jones moved to recommend approval of Ordinance #1888 as written; seconded by Commissioner Davis. The motion passed unanimously (8-0).

Public Hearing: RZN17-0006 – Old Blacksburg Middle School Rezoning (Continued to March 19, 2019)

Staff Presentation (Anne McClung, Director of Planning and Building):

• Proposal to rezone 21.13 acres at 501 South Main Street from R-4 (Low Density Residential) to 10.59 acres of Downtown Commercial (DC) and 10.54 acres of Planned Residential (PR).
• The site includes three parcels owned by Midtown Redevelopment Partners, LLC, and two small parcels owned by the Town of Blacksburg.
• The rezoning is separate from a development agreement (under negotiation) for a new police station and parking garage.
• Key features: 10 DC parcels (retail, office, hotel, civic, public spaces), 5 PR parcels (townhomes, multifamily, duplex, community recreation, park).
• Density: 48 bedrooms/acre (24 units/acre) in DC; 505 bedrooms/252 units in PR.
• Proffers include a pattern book for design standards, building materials, green building standards (EarthCraft or equivalent), public space dedication (Midtown Plaza, Old School Common, Central Park), bike/pedestrian improvements (cycle track on Eheart, bike lanes on New Church Street, trail, sidewalks), traffic signal at Eheart and Main, and construction of New Church Street prior to first certificate of occupancy.
• Revisions from the original application (September 2018) include reconfiguration of parcels, removal of drive-through financial institution, and new proffers regarding signage, community recreation, and easements.

Applicant Presentation (Jeff Geiger, Attorney; Steve Semones and Jim Cowan):

• Emphasized the project’s vision as a mixed-use, urban gateway to downtown Blacksburg, consistent with the Comprehensive Plan.
• Highlighted the extensive proffers, pattern book, and design controls.
• Noted that the development agreement is nearly complete, and that a hotel user remains committed.
• Requested the Commission reaffirm its recommendation of approval on March 19.

Public Comment:

• Donna Dunay (302 Washington Street) raised concerns about:
  • Parking orientation: front-loaded parking on Midtown Way should be avoided; interior parking on parcels (e.g., corner of Clay and Church Street) undermines urban character.
  • Stormwater runoff: existing site already contributes to flooding in the 16 squares.
  • Lack of building elevations for commercial parcels, especially along Main Street.
  • Proffer limiting occupancy to three unrelated persons may not be sufficient to prevent student housing; recommended two unrelated persons.
  • Encouraged further changes to ensure a true downtown urban development, not a suburban shopping center.

Procedure: The public hearing was continued to March 19, 2019, at 5:00 p.m. (work session) and 7:30 p.m. (regular meeting) for additional public comment, applicant rebuttal, and commission action.

Citizen Comment

No comments were made.

Unfinished Business

• Zoning Ordinance Review Committee: No report (recently discussed chickens).
• Historic or Design Review Board (Commissioner Davis): Approved an addition to a robotics lab in the Industrial Park and signage for a new business (Sweet Rebellion) on College Avenue.
• Montgomery County Planning Commission (Commissioner Sutphin): The County PC recommended approval of a 155-acre, 340-unit mixed residential development along Prices Fork Road (near Stratford Drive), with traffic concerns noted. The vote was unanimous.
• Additional Items: None.

Key Outcomes

• Zoning Ordinance Amendment #41 (Chickens): Recommended to Town Council by a unanimous vote (8-0). The Town Council work session is scheduled for March 19, 2019, with a public hearing on April 9, 2019.
• Old Blacksburg Middle School Rezoning (RZN17-0006): Public hearing continued to March 19, 2019, when the Commission will hear additional public comments, possible applicant rebuttal, and take action on a recommendation to Town Council.
• Consent Agenda Items: Approved as set.
• Town Council Report (Commissioner Sutphin): Town Council approved the 1222 Patrick Henry rezoning (4-3 vote) and paused the Stadium View rezoning. Work continues on the development agreement for the OBMS site, especially parking garage funding.