(pdf download files available at: http://myvaresources.com/Special/DepotDazedPages.html)

Watch for additional pages as they are developed!

Drainage/Stormwater (search words used: drainage, flood, runoff, stormwater)

From 2001 Town Council Minutes:

1. July 3, 2001: Town Council Meeting: “2. Rezoning request by Kirby Conner for property on the south side of Montgomery Street (tax parcels 497-((A))-189 and 498-((1))-38A) from A Agricultural to R-2 Two Family Residential. The property contains approximately 4.0 acres and is scheduled as Residential and Conservation-Floodplain in the Future Land Use Map of the Christiansburg Comprehensive Plan. Steve Brumfield of Montgomery Street spoke in opposition of the request on the behalf of himself and forty (40) other residents of Montgomery Street. A signed petition and summary sheet is attached and made a part of these minutes. He pointed out that all of the homes along Montgomery Street are currently single family homes with many residents being ten (10) year to lifetime residents. Duplexes or multi-family homes will alter the integrity of the neighborhood. The street, he said, is just a little over thirty (30) feet in width with a great deal of on road parking which makes for difficult driving. Although this is a dead end street, traffic is heavy at times with traffic frequently exceeding the speed limit. Several blind spots along the street add to the hazardous conditions. A church is located mid way on Montgomery Street which increases the traffic and pedestrian flow. The residents of Montgomery Street are requesting the rezoning be for R-1 Single Family Residential only.”

2. August 7, 2001: Town Council Meeting: “1. 1. Rezoning request by Kirby Conner for property on the south side of Montgomery Street (tax parcels 497-((A))-189 and 498-((1))-38A) from A Agricultural to R-1 Single-Family Residential. The property contains approximately 4.0 acres and is scheduled as Residential and Conservation-Floodplain in the Future Land Use Map of the Christiansburg Comprehensive Plan. Rod Crowgey, attorney for Mr. Conners, was present and available to answer any questions.”

3. August 7, 2001: Town Council Meeting: “MR. BALLENGEE AND MR. BARBER – Water, Sewer & Solid Waste Committee Recommendation: 1. Dedication of utility easement, Evergreen Drive. This is an easement dedication by Thomas and Dorothy McFee for a public utility and drainage easement. Councilman Barber made the motion to approve the easement dedication which was seconded by Councilman Lester. Council voted as follows: AYES: Ashworth, Ballengee, Barber, Lester, and Weaver. NAYS: None.

4. August 21, 2001: Town Council Meeting: “2. Connor Hollow, 5 Lots, Montgomery Street - This property was rezoned at that last Council meeting for single- family homes. Councilman Ballengee was concerned that this property may be in a floodplain. Manager Terpenny said that the plat has been studied carehlly and the floodplain lines are approximately seventy feet from the building site at the closest point. On motion by Councilman Lester, seconded by Councilman Barber, Council voted to approve the plat as follows: AYES: Ashworth, Ballengee, Barber, Lester, and Weaver. NAYS: None.”

5. September 18, 2001: Town Council Meeting: “PROGRESS REPORTS: 05 SEPTEMBER - 18 SEPTEMBER, 200 1 … CONST.: Drainage and parking lot improvements Kiwanis Park. Clean up of Falling Branch Industrial Park sewer project-Phase II.”

6. October 2, 2001: Town Council: “According to Mr. Don Rainey, Corning is concerned with the water drainage off of N. Franklin Street, which runs through the property in this request. Mr. Rainey has offered the following proffer in response to this concern. Unlimited Construction is proposing a perimeter swale system in the buffer line for even drainage. Plans are to extend the burm along the roadway and around the curve of the property.”

7. October 2, 2001: Town Council Meeting: “Mr. Jim Hutton, Atty., addressed Council on behalf of Coming. He made it clear to Council that Corning officials are not against recreation, family, or youth clubs, it’s simply that this particular site is zoned 1-2 Industrial and they believe it should be preserved for future industrial development. According to Mr. Hutton, 1-2 Industrial zoned property is getting harder and harder to find. Corning is not comfortable with children and families playing next to a large factory. Corning, stressed Mr. Hutton, deserves some consideration. Kelly Bridge, planning engineer for  Corning, met with the landowners and no requests were made at that time. The site, Mr. Hutton said, will only compound an existing drainage problem, and the existing ditches must be cleaned out every two to three years. There are other issues as well, such as security and increased traffic flow. Coming Drive is often used as a short cut from Merrimac Road, Midway Drive and Virginian Drive to North Franklin. This has been a constant problem, which signs and security have been unsuccessful in solving. Corning agrees this business would be an asset to the Christiansburg community, and they have fully supported the Huckleberry Trail and the Recreation Center; however, they feel the chosen site is not the best location for this development and want to see it remain 1-2 General Industrial and the CUP request denied.”

8. October 2, 2001: Town Council Meeting: “PROGRESS REPORTS: 19 SEPTEMBER, 2001 - 02 OCTOBER, 2001 … CONST.: Drainage and parking lot improvements - Kiwanis Park.”

9. November 6, 2001: Town Council Meeting: “CORNING REPRESENTATIVE CONCERNING MIDWAY PLAZA REQUESTS – Kelly Bridge, representative of Corning, asked to speak at this time regarding the Midway Plaza requests to be voted on tonight. He thanked Council for visiting the site and for listening to Coming’s concerns in this matter. Coming is strongly opposed to this rezoning for several reasons. They believe that this rezoning will lead to rezoning for the remaining industrial zoned land in that area. Coming also believes that this rezoning will lead to hardships with additional vehicle traffic and vehicle trespassing. Last,
   Coming experiences ongoing drainage problems, and the swale through the land does not have the capacity to withhold the additional flow that would come from stripped vegetation. Corning is supportive of this type of business, just not in an industrial area.”

10. November 20, 2001: Town Council Meeting: “PROGRESS REPORTS: 07 NOVEMBER - 20 NOVEMBER, 2001 … CONST.: Chrisman Street improvements, drainage and parking lot improvements, Kiwanis Park.”

11. December 4, 2001: Town Council Meeting: “PROGRESS REPORTS: 21 NOVEMBER - 04 DECEMBER, 2001 … CONST.: Chrisman Street improvements, drainage and parking lot improvements-Kiwanis Park.”

12. December 18, 2001: Town Council Meeting: “PROGRESS REPORTS: DECEMBER 05 - DECEMBER 18,2001 … CONST.: Chrisman Street improvements, building new roads at Sunset Cemetery, drainage and parking lot improvements Kiwanis Park. “

From 2002 Planning Commission Minutes:

1. January 14, 2002: Planning Commission: “Mr. Scott Bortz stated only doctor offices are proposed for development of the property. Mr. Bortz presented tentative plans of the development showing nine lots with one being stormwater management. Vice-Chairperson Wade noted the parking area were shown interior to the development (in front of the buildings), which would lessen the impact to the surrounding residential properties. Mr. Terpenny read all permitted B-1 uses. Mr. Terpenny also stated the Planning Commission cannot ask for proffers, but that the property owner could volunteer proffers. Mr. Bortz stated he would speak to the developer.”

2. April 29, 2002: Planning Commission: “… Mr. Terpenny asked if the street is considered common area. Mr. Smith stated the street and any storm water management area would be common area. Vice-Chairperson Wade stated thirty (30) feet of pavement is required for public streets, but how could this street be private. Mr. Terpenny stated storm water management areas could be used for recreation if designed so.”

3. April 29, 2002: Planning Commission: “Mr. Smith stated no parks or playgrounds are indicated as none are planned. The one-level units are intended for the elderly, thus no park area has been included. Mr. Smith stated the development could be more units, approximately eighty (80) townhouses. The development is financially feasible with thirty-four (34) single-family homes. The development would not be feasible with trails and parks included unless developed as townhouses. Vice-Chairperson Wade stated the last two Planned Housing Developments, New River Village and Lions Gate, have had greenspace provided. Mr. Terpenny stated the greenspace requirement is typically ten percent (10%) for any large single-family subdivision. Mr. Smith asked for suggestions for any specific areas for greenspace. Mr. Terpenny stated the greenspace can be walking paths around the properties or could be one or two lots for recreation. Mr. Smith asked if Oak Tree Townhomes had these types of greenspace. Mr. Terpenny stated townhouses have common area dedicated to the Town. Commissioner Stipes stated there is a desire for walking and hiking. Mr. Terpenny gave a few examples of trails being utilized in developments. Vice-Chairperson Wade stated Town Council also looks for these things. Mr. Terpenny stated storm water management areas could be used for recreation if designed so. Vice-Chairperson Wade stated Mr. Smith’s engineer could contact the Town staff for comments. “

4. June 17, 2002: Planning Commission: “Chairperson Canada introduced the ordinance amending Chapter 26 “Subdivisions” of the Christiansburg Town Code. Mr. Terpenny stated the proposed definition would allow division without meeting Code street frontage and area requirements for public storm water management and other public purposes. ”

5. July 16, 2002: Planning Commission: “Chairperson Canada introduced the rezoning request. Chairperson Canada addressed two gentlemen with a stormwater problem. Chairperson Canada stated the rezoning is a land issue, but the stormwater problem can be addressed with the Town. The gentlemen explained a Flood Plan had been done. Commissioner Carter asked if the neighborhood is in a Flood Plain. Mr. Terpenny stated the property is not in a Flood Plain designated by FEMA because it is not a natural flowing drainage course. Mr. Terpenny also stated the surrounding neighborhood and Interstate-81 drains into this area. Chairperson Canada stated this issue would be addressed during the Citizen’s Hearing. … Commissioner Wade made a motion to recommend approval to Town Council. Commissioner Lawless seconded the motion, which passed 6-1.”

6. August 26, 2002: Planning Commission: “A rezoning request by Jerry and Wanda Shepherd for property located on the southern side of Montgomery Street (tax parcel 497 – ((A)) – 148) from A Agricultural to R-2 Two-Family Residential. The property contains approximately 0.32 acres and is scheduled as Residential and Conservation – Floodplain in the Future Land Use Map of the Christiansburg Comprehensive Plan. The Public Hearing is set for September 3, 2002. : Chairperson Canada introduced the request. Mr. Wingfield detailed the location of the property.

7. September 3, 2002: Planning Commission: “11. This permit shall not be effective until a site plan prepared showing landscaping, paved parking areas, underground utilities, driveway entrances, drainage areas, etc. is approved by the Town.”

8. September 3, 2002: Planning Commission: “A rezoning request by Jerry and Wanda Shepherd for property located on the southern side of Montgomery Street (tax parcel 497-((A))-148) from A Agricultural to R-2 TwoFamily Residential. The property contains approximately 0.32 acres and is scheduled as Residential and Conservation – Floodplain in the Future Land Use Map of the Christiansburg Comprehensive Plan. :Chairperson Canada introduced the request. Mr. Wingfield detailed the location. Commissioner Carter inquired about floodplain. Mr. Wingfield stated the property is near a creek and the Town does not allow construction in the floodplain. Chairperson Canada inquired about the surrounding zoning. Mr. Wingfield detailed the zoning of adjoining properties. Commissioner Stipes stated is very compelling to rezone.

9. September 3, 2002: Planning Commission: “Chairperson Canada introduced the request. Mr. Wingfield detailed the location. Commissioner Carter inquired about floodplain. Mr. Wingfield stated the property is near a creek and the Town does not allow construction in the floodplain. Chairperson Canada inquired about the surrounding zoning. Mr. Wingfield detailed the zoning of adjoining properties. Commissioner Stipes stated is very compelling to rezone. Commissioner Stipes made a motion to recommend approval to Town Council. Commissioner Dobson seconded the motion, which passed 7-0. “

10. October 7, 2002: Planning Commission: “(11) This permit shall not be effective until a site plan prepared showing landscaping, paved parking areas, underground utilities, driveway entrance, drainage areas, etc. is approved by the Town.”

11. October 15, 2002: Planning Commission: “(11) This permit shall not be effective until a site plan prepared showing landscaping, paved parking areas, underground utilities, driveway entrance, drainage areas, etc. is approved by the Town.”

12. October 28, 2002: Planning Commission: “Commissioner Lawless asked about drainage and sheet flow. Mr. Elgin asked if any thought had been given to the amount of area disturbed or not disturbed. Mr. Keesee stated the developer is still working on what would be in covenants. A possibility would be to not cut down any trees larger than 6-8 inches in diameter. Vice-Chairperson Wade asked who is responsible for enforcement. Mr. Terpenny stated a covenant is private and the subdivision owners would be responsible for enforcement. The Town would enforce proffers.”

13. November 18, 2002: Planning Commission: “Chairperson Canada stated there are concerns for the extension of the streets. Mr. Keesee stated the street north off of Howery Street would not be built and that it is a paper street and would remain this way. Mr. Keesee stated that the proposed new street off Mount Pleasant Road is on the outside of the curve and that this should not cause the same concerns it would if it were inside the curve. Commissioner Lawless stated that there is a natural drainage way in this area. Mr. Keesee stated that the proposed road closely follows the existing access to the Town’s sewer pump station and added that his firm has not looked at stormwater management in great detail but that it would be studied. Commissioner Stipes inquired as to where the conservation area was located and Mr. Conner indicated the approximate area.”

14. November 18, 2002: Planning Commission: “Mr. Terpenny stated that Virginia erosion and sediment control laws would apply and stated that it is difficult to enforce since even if a developer meets all requirements there could still be a flash storm generating high water. Mr. Terpenny stated that Best Management Practices could be done, but that could not necessarily ensure that stormwater problems won’t occur and added that this may not answer everyone’s questions. Mr. Terpenny stated that the proffer of no more than one unit per 1.35 acres does help to limit development. Mr. Terpenny stated that he is of the opinion that any land can be developed though.”

From 2002 Town Council Minutes:

1. January 15, 2002, Town Council Meeting: “PROGRESS REPORTS: DECEMBER 19,2001 -JANUARY 15,2002 … CONST.: Sewer project wayside pump station. Drainage and parking lot improvements - Kiwanis Park.”

2. February 5, 2002: Town Council Meeting: “MR. LESTER AND MS. CARTER – Street Committee Recommendation. 1. Acceptance of Public Drainage Easement. Councilman Lester explained that this easement goes from Particks Way to the new subdivision across Cambria Street from the Farmhouse restaurant. All is in order, and Councilman Lester made the motion to accept the drainage easement plat as presented, seconded by Councilman Ashworth. Council’s vote is as follows: AYES: Ashworth, Ballengee, Barber, Carter, Lester, and Weaver. NAYS: None.”

3. February 5, 2002: Town Council: “PROGRESS REPORTS: JANUARY 16, 2002 – FEBRUARY 05, 2002. CONST.: Sewer project Wayside pump station. Drainage and parking lot improvements - Kiwanis Park. “

4. February 19, 2002: Town Council: “1. Susan Schuman to address Council concerning Hans Meadow Subdivision. Ms. Schuman thanked the Mayor, Council, and the Town Manager for their time this evening. Ms. Schuman brought these same concerns to Council four years ago to protest the development of land near her neighborhood because of existing water drainage problems. She said that four years ago the Town promised to work with the developer to prevent additional flooding, but said that very little has been done within the four years, and the problem still exists. Residents of the neighborhood are now protesting potential development by an adjacent property owner who has begun clearing his land for future housing construction and Ms. Schuman fears this will increase the flooding through Hans Meadow. Mayor Linkous pointed out that the drainage problems existed long before any surrounding construction began, and that while no subdivision plans have been approved for construction, the developer has a vested right to develop his land in accordance with zoning requirements. Councilwoman Carter stated that the developer also has the right to clear his land as needed for surveying purposes before applying for permits. Ms. Schuman agreed, but said that this is not an insignificant problem and it will only get worse. Town Attorney McGhee commented that the Town has three competent engineers on our staff capable of developing a proper site plan, and that some of the remarks made tonight are close to defamation. He also stated that a person has the right to develop his land, and the Town can not deny him that right. Ms. Schuman said that the neighborhood’s current flooding problem, which results from an inadequate retention pond, will only get worse if the development continues and more land is cleared. Rains bring major flooding, debris, and erosion through the streets. According to Ms. Schuman, Chuck Dietz of the Department of Conservation and Recreation walked through the neighborhood last’ summer and apparently advised her that even if drainage pipes were put through the subdivision it would not be enough to correct the problem. Ms. Schuman also told Council that the owners of the Norfolk and Southern railroad tracks, which run past the neighborhood and the potential construction site, want to see the plans submitted for the new development. She said they have expressed their concerns to her about debris and runoff ending up on the tracks. Ms. Schuman stated that she believes the Town has not done enough for the neighborhood. Ms. Schuman also commented negatively about the developer and his workmanship, yet later admitted that her comments were based on hearsay and not her own actual experience. She threatened that if this development continued it would result in lawsuits from herself and others.”

5. February 19, 2002: Town Council: “Manager Terpenny said that four years ago he was directed to work with the developer concerning his site plan; however, no site plan was submitted until recently. The site plan could take up to a month or more of review and revisions before it is acceptable. The developer will be expected to build a holding pond on his construction site capable of holding the ten year post development runoff to the one year predevelopment rate, which is far above State Code requirements. He commented that the Town will use taxpayers money to build an additional pond to intercept runoff from previously developed upstream properties, as well as improve channels within Hans Meadow. Money to purchase land for this holding pond has been budgeted each year, however the Town has had problems purchasing the land needed and does not want to condemn the property in order to obtain it. Manager Terpenny pointed out that Hans Meadow was built before stringent regulations were established, and that the current retention pond and other channels used as stormwater management were added to the subdivision as an afterthought. According to Manager Terpenny, no construction will begin until the surrounding area is stabilized and a site plan approved, but cautioned that the stormwater is not only runoff from the development site, but also from properties east of the 460 Bypass all the way to Hubbell Lighting.”

6. February 19, 2002: Town Council: “Kent Bond, a resident of Hans Meadow, said he believes that the residents have not been heard and that Council is biased concerning the developer and future Christiansburg growth. He showed Council two home videos showing major flooding. The tapes were dated in 1989 and 1998. When asked by Council, he agreed that, with those two exceptions, flooding generally was not that extreme. “

7. February 19, 2002: Town Council: “One Hans Meadow resident suggested having the developer investigated for prior construction violations, but stated that he had never had a personal problem with the developer. He also stated concerns with flooding, but said he had never actually witnessed flooding in Hans Meadows.”

8. February 19, 2002: Town Council: “PROGRESS REPORTS: FEBRUARY 06,2002 - FEBRUARY 19,2002 … CONST.: Sewer project Wayside pump station. Drainage and parking lot improvements - Kiwanis Park.”

9. February 19, 2002: Town Council: “Carl Correll, a local surveyor, said that there are many contributing factors to this problem, and that the Town has analyzed the situation and is working towards a solution. As previously pointed out, the stringent guidelines used today for stormwater management were not in place when Hans Meadow was built. However, the Town has made progress in the past four years, and will continue to do so until the problem is addressed.”

10. March 19, 2002: Town Council: “PROGRESS REPORTS: 06 MARCH, 2002 THROUGH 19 MARCH, 2002 … STREETS: Sign work, patching, sweeping intersections, shoulder work, trimming right-of-ways, cleaning storm drains and ditches.”

11. March 19, 2002: Town Council: “PROGRESS REPORTS: 06 MARCH, 2002 THROUGH 19 MARCH, 2002 … CONST.: Building bike trail-College and Depot Streets, drainage and parking lot improvements-Kiwanis Park.”

12. April 2, 2002: Town Council: “Tim Ward of Forelmont Street also agrees with what has been said. His other concern is the drainage problem that sometimes occurs in this neighborhood. He is afraid this development will only increase the problem. “

13. April 2, 2002: Town Council: “Brian Altizer, plan engineer, said that the property has split zoning. When Forelmont Street was first developed the intent was to extend Forelmont Street with a Phase II development, and the cul-de-sac being a temporary turn around for the developer. But the developer chose to not continue with the second phase. With Mr. Woody’s proposed plan, there will be a one-way street through the new neighborhood with sidewalks on both sides of the street, public lighting will be provided. The interior lots will be supported by an alleyway, and access to the houses will be from the alley at the rear of the lots. There will be no curb cuts for driveways to these lots. The drainage issues will be addressed after rezoning approval, and plans will be submitted to the Town before any construction begins. According to Mr. Altizer, a lot of planning and thought has gone into this plan to make this neighborhood one of the most desirable in Christiansburg. There are no townhomes proposed in the planned housing area. “

14. April 2, 2002: Town Council: “Rosa Ward of Forelmont Street questioned Mr. Altizer’s comment about “carefully” planning the neighborhood. She said this neighborhood will cause them to lose their cul-de-sac and will increase traffic volume. She also said that her backyard has been flooded several times and is afraid this development will increase the drainage problems along her street. “

15. April 2, 2002: Town Council: “Roger Woody informed Council that he has no intention of removing the cul-de-sac. And the sediment pond located near the cul-de-sac will control potential drainage issues. He said the homes will be of high quality in the $150,000 to $200,000 range. The lots will have trees, shrubs, curbs, and guttering. The townhomes built in the area will be approximately $1 19,000 and up.”

16. April 2, 2002: Town Council: “Several residents continued to express their concerns with traffic and drainage issues. It was explained again that the cul-de-sac will not be obliterated, and that drainage issues will be addressed after rezoning approval by Council when engineering drawings are developed. “

17. April 2, 2002: Town Council: “PROGRESS REPORTS: 20 MARCH, 2002 THROUGH 02 APRIL, 2002 … CONST.: Drainage and parking lot improvements-Kiwanis Park, sewer project-Virginian Drive, 235′ of 8″ sdr 35 pipe, 1 manhole base.”

18. April 2, 2002: Town Council: “Anthony Dodson commented that the developer has begun work on the property and asked Council if erosion and sediment plans have been submitted. Manager Terpenny responded that the developer has begun clearing and grubbing the land for the surveyors. Construction is not permitted without an erosion and sediment plan; however, clearing and grubbing the land is allowed. Dobson questioned runoff control in the meantime. Manager Terpenny said that if there is an erosion problem resulting from the clearing operation of the property, the developer will be in violation.”

19. April 16, 2002: Town Council: “COUNCIL ACTION ON THE REZONING REQUEST FOR PROPERTY AT THE END OF FORELMONT STREET TO NORTH FRANKLIN STREET (DEFERRED FROM THE APRIL 2, 2002 MEETING AT THE REQUEST OF THE DEVELOPER) - Mayor Linkous reported that this request was deferred at the April 2, 2002 meeting, and that Planning Commission Chairman Canada wished to comment on the request before Council’s vote. Planning Commission Chairman Canada said that the main opposition to the request was the safety of the neighborhood children. The Planning Commission met with the developer concerning ways to maintain the safety of the neighborhood and liked the developers idea to build a planter in the cul-de-sac, which will force traffic to decrease speed. He further explained that the Planning Commission supports this development and would like to see Forelmont Street and the Willow Oak Drive development joined by extensive greenspace creating a vista for the communities to enjoy. The smaller lot sizes will enable the developer to put more money into amenities such as greenspace, sidewalks, and street lighting. Chairman Canada stated that this is a positive development for Christiansburg and the Planning Commission recommends approval of the CUP. Councilman Ballengee commended Roger Woody for his work in Christiansburg. He stated that, while he is usually not a proponent for planned neighborhoods, he has no reason to deny this request and that it seems to be in the best interest of Christiansburg. He made reference to a letter Town Council received from Lisa and Henry Bass, which was written to attempt to intimidate Town Council into voting against this request. Mr. Ballengee said that as a member of Town Council he represents the entire Town of Christiansburg, not just one neighborhood, and that he votes on issues based on what he believes is best for the Town as a whole. Councilwoman Carter commented that this development is a good idea and a good concept. Councilman Barber said that the existing drainage problem will be handled by the Town regardless of whose property is causing the problem. On motion by Councilman Ashworth, seconded by Councilman Lester, Council voted to approve the rezoning request as follows: AYES: Ashworth, Ballengee, Barber, Carter, Lester, and Weaver. NAYS: None. “

20. April 16, 2002: Town Council: “MAYOR LINKOUS reported that at the direction of Town Council, the Town Manager has been working,on a solution for the drainage problems in the Hans Meadow Subdivision. Mayor Linkous asked the Town Manager to report on his findings. Manager Terpenny reported that he has worked with an upstream property owner to build a stormwater management pond to intercept drainage from east of the 460 Bypass. The pond will be developed under the ten-year drainage plan, and as it turns out the pond will be large enough to accommodate at least one multi-purpose sports field with drainage ditches along the edges. The area would be grassed and maintained by the Town, but gated and closed off to the general public, with use being scheduled through the Parks and Recreation Department. Currently, the Town is negotiating a sales price. Because of this pond, only one-third of this property will be developable.”

21. April 16, 2002: Town Council: “PROGRESS REPORTS: 03 APRIL, 2002 THROUGH 16 APRIL, 2002 … CONST.: Drainage and parking lot improvements-Kiwanis Park. Sewer project Virginian Drive. 158′ 8″ sdr 35 pipe, 133′ 8″ DI pipe, 6-manhole bases, 60′ 4″ sld 40 pipes.”

22. May 7, 2002: Town Council: “COUNCILMAN BARBER commented on the Hans Meadow stormwater drainage situation. Most of Council has visited the neighborhood and better understands the existing drainage problem: Councilman Barber said that residents are aware that the Town has been and is currently working on ways to address the drainage issues in their neighborhood.

23. May 20, 2002: Town Council: “COUNCILMAN BARBER commented on the Hans Meadow stormwater drainage situation. Most of Council has visited the neighborhood and better understands the existing drainage problem: Councilman Barber said that residents are aware that the Town has been and is currently working on ways to address the drainage issues in their neighborhood. “

24. June 4, 2002: Town Council: (RE: Proposed Budget for Fiacal Year 2002-2003) “Major capital improvements to remain in the budget are: … stormwater management”

25. June 18, 2002: Town Council: “1. An ordinance amending Chapter 26 “Subdivision” of the Christiansburg Town Code in regards to the definition of subdivision. Manager Terpenny explained that this amendment is needed in order for the Town to assist Hans Meadow Subdivision with their stormwater management problems. The Town must purchase a portion of property near Hans Meadow to build an adequate stormwater management pond, and since the property has no road frontage, it does not meet the criteria of the Town’s subdivision ordinance. This amendment will also assist the Town with future pump station sites. The amendment will allow the Town to create and acquire small portions of land for public service.”

26. July 16, 2002: Town Council: “Mr. Steven Perdue lives two blocks down from the property in this request. Mr. Perdue explained that he has had a continual drainage problem with his property and he is concerned that additional construction along this street will increase the problem. He asked the Town to do flood plain testing along this street to aid him in obtaining flood insurance. Town Manager Terpemy assured Mr. Perdue that the Town is familiar with the drainage problems and this matter is currently being considered by the Engineering Department. Mr. John Neel. representing the owner, explained that the lot is split zoned from when College Street was originally zoned and is 61% R-2 Multi-Family Residential and 39% R-1 Single-Family Residential. A duplex can be placed on the portion of the property zoned R-2, but due to the split zoning the structure would have to be placed at an angle not conforming to the other residences on the street. Mr. Neel said there were currently two single-family homes on the street which are valued in the mid to low one hundred thousand dollars, and the remaining residences are duplexes.”

27. August 6, 2002: Town Council: “2. Rezoning request by Robert D. Perdue for property located at 405 Miller Street (tax parcels 527-((1s))-17A and I SA) from R-2. Two-Family Residential to R-3 Multi-Family Residential. The property contains 1.205 acres and is scheduled as Residential in the Future Land Use Map of the Christiansburg Comprehensive Plan. … Debbie Miles addressed Council regarding this request. She presented a petition of 132. signatures from residents of Miller Street and adjacent streets opposing the rezoning for several reasons. The residents who signed the petition believe that the lot in the request is not large enough to accommodate the proposed multiple housing, and with Miller Street being a dead end street. there is only one entrance and exit for the neighborhood. They are concerned that with the current uses being single-family and one multi-family, property values will decrease with the proposed construction. The increase in traffic as a result of this development will jeopardize the neighborhood’s safety and subject residents to increased traffic noise and pollution. Several residents voiced their concerns about the existing water drainage problems along this street and the possibility of the problem being increased by additional construction. Ms. Shirieen Parsons, a resident of Miller Street, said she is opposed to the rezoning due to the above-mentioned concerns and asked Council to deny the request. Two letters of opposition from concerned citizens were also presented to Council. Mr. Bob Perdue addressed some of the concerns stated. He has drawings of the proposed complex available for review, and has tried to make the site appealing and conforming to the surrounding area. He has not addressed water drainage issues, but stated he will comply with Town construction requirements. Mr. Perdue was unable to address the traffic concerns at this time. Mr. Doug McGhee was concerned that. once the property is rezoned. Mr. Perdue could revise his plans to something entirely different than what is currently being proposed. Town Manager Terpenny stated that Mr. Perdue has proffered his plans. and should he wish to revise his current proposal he would have to resubmit his plans to Council for approval. The architect working with Mr. Perdue explained that plans are to build two, three-unit townhouse buildings that will be sold upon completion of construction. not rented. The units will range in price between S130.000 and $l50.000. Linda Rainey and Elsie McFarland, residents of the neighborhood, both stated their concerns with the water drainage problems. Apparently, the holding pond for the area has filled twice this year from rains and emptied onto Miller Street. Mr. Ron Walters of Epperly Drive agreed that the holding pond is not adequate, but does not want to see additional holding ponds put in the area due to property devaluation. Mr. Perdue again stated that he would comply with all Town requirements regarding this construction. including drainage requirements. Robin Lancaster mentioned that. even if the developer intends to sell the units, the units could eventually become rental property; by those who purchase them. Most would like to see the property developed as it is currently zoned.”

28. September 3, 2002: Town Council: “3. A rezoning request by Jerry and Wanda Shepherd for property located on the southern side of Montgomery Street (tas parcel 497-((A))-148) from A Agricultural to R-2 Two-Family Residential. The property contains approximately 0.32 acres and is scheduled as Residential and Conservation - Floodplain in the Future Land Use Map of the Christiansburg Comprehensive Plan.”

29. September 17, 2002: Town Council: “3. Robin Hood Estates. 52 lots. Sherwood Drive. N.E. - Councilman Lester reported that this is Roger Woody’s property near the water tank above Hans Meadow. The subdivision will tie in with the Town’s stormwater management system. All is in order. and Councilman Lester made a motion to approve the plat as presented. seconded by Councilman Weaver. Council voted as follows: AYES: Ashwo1-th. Ballengee. Barber. Lester. and Weaver. NAYS: None. “

30. October 1, 2002: Town Council: “MS. EVELYN KIWIBALL ADDRESSED COUNCIL concerning water drainage problems along Hillcrest Drive affecting her property. She showed Council pictures of debris. flooding, and erosion on her property as a result of inadequate drainage along her street. She thanked Council for the Town’s efforts in the past to alleviate some of the problem, and is now asking that a drainage line be put in between her and her neighbor’s property. If a drainage line is not possible. she asked Council to suggest a solution for the matter. Ms. Kimball said that it has become such a problem that she feels that her safety. and the safety of those on her property, is jeopardized. Mayor Linkous turned the request over to the Street Committee for its review and recommendation.”

31. October 15, 2002: Town Council: “2. Request from Evelyn Kimball at tlie October 1. 2002 Town Council meeting - Councilman Lester reported that the Street Committee reviewed this drainage problem with the Town Engineer and it appears that some handwork at the corner of Mrs. Kimball’s driveway would help the drainage flow and minimize standing water at her driveway entrance. The street is relatively flat in this area and to pipe all of the surface runoff away would entail quire a bit of excavation both in the street right-of-way, as well as, on private property. The Street Committee recommended the Town hand- grade the corner of her entrance that holds water, so it can drain and not freeze to create a hazard. On motion by Councilman Lester. seconded by Councilman Weaver. Council voted to accept the recommendation as follows. AYES : Ashworth, Ballengee, Lester and Weaver. NAYS: None.”

32. November 5, 2002: Town Council: “7. A Conditional Use Permit request by Craig Smith for property at 685 and 695 Park Street (tax parcel 498 - ((A)) - 63A) for a commercial garage and contractor equipment storage in the 1-2 General Industrial District. Mr. David Light questioned why a permit is now being requested: since the business is currently under operation. Mr. Light is strongly against the request and had several complaints concerning the current operations of the business. According to Mr. Light. at present, there are fifteen immobile cars parked on the property, and excess noise is a constant problem. Ms. Joyce Harris stated that the owners of the business do not live near the property and have no concern for those residents who do. She commented that the structure and the property it’s located on is dirty and unkept. There is also heavy equipment stored on the property. Terry Nicholson’s main concern is traffic safety, such as speed and vehicle weight. Also, the property adjoins a residential area. yet is not enclosed or shielded by a buffer. Mr. Nicholson stated that the Town currently has plenty of available commercial property and should not create more. especially property adjoining a residential neighborhood. He believes the business has a negative impact on the value of the surrounding homes. Gary Harkrader stated that this has been an ongoing problem. and that this is the chance for the Town to resolve the matter. He referenced the Town’s 1993 Comprehensive Plan and asked that the request be denied. Mr. Harkrader pointed out that Park Street has three bed and breakfast inns, a gun shop. and a lawyers office, which he believes are all in good keeping with this historical section of Town. He stated that many Town improvements are needed throughout this area such as signs prohibiting commercial traffic, and extended sidewalks. It is Mr. Harkrader’s belief that the current planning department personnel is unable to handle the planning needs within the Town and suggested hiring two additional planning personnel. David Goth rents property adjacent to the property in this request and he submitted to Council photographs. which showed several large vehicles parked on the property. He also questioned the potential drainage issues. Margaret Ray, owner of The Oaks bed and breakfast inn stated that Park Street should maintain the appearance of a gateway into a community. Mr. Glenn Maynard, adjoining property owner, asked that Craig Smith explain his plans for the property should the request be approved. Mr. Maynard said that the original site plan indicated a storage unit business, not an automobile body shop. He erected a fence to enclosed his property from Mr. Smith’s, but stated that exhaust fumes and excessive noise are still a nuisance. Apparently, there is a problem with rodents on the property. The business is not an asset to the neighborhood and Mr. Maynard is against any further development. He asked Council to please consider the homeowners in the area. Mr. Smith explained that he has been in business for seven years, and originally began as a storage unit operation. Now he would like to expand his business to allow him to do vehicle repair and maintenance. His mother sold the adjacent lot to Best Foods distributing company and the company has plans to build a facility on the property for its operation. Mr. Smith said he has plans to landscape the property and stated that much of the large vehicle traffic along Park Street is a result of the stockyard located not far from his property.”

33. November 19, 2002: Town Council: “MS. REBECCA ARTHUR addressed Council concerning the Cullen Court subdivision plat before Council tonight. She is concerned that the currently existing drainage problems will be increased with construction to the neighborhood. Increased traffic. lack of sidewalks. and no streetlights were other concerns she wanted addressed. Since the subdivision plat is the only information Council has on hand for this property, which only creates lots. Mayor Linkous asked that Ms. Arthur give Manager Terpenny her list of concerns for him to address once he has had an opportunity to review the development plans.”

34. November 19, 2002: Town Council: “MR. LESTER AND MS. CARTER - Street Committee Recommendations on: 1. Falling Branch. Section VIII. Phase V, 14 Lots. Cullen Court, S.E. Councilman Ballengee questioned if this request should be tabled until Ms. Arthur’s concerns are addressed. Councilman Barber stated that this request is for creating lots on the property and nothing more. The plat meets all requirements and there is no reason to deny the subdivision plat. Manager Terpenny explained that this is part of the Dale Tee1 Glade Drive project. which in the beginning had comprehensive plans for various phases, which were all in compliance and approved at that time. The Town has provided the area with an underground drainage system. and much of the current drainage problems are a result of VDOT’s widening of Interstate 8 1. VDOT is required to build a storm water pond to alleviate problems as a result of its construction. This subdivision plat meets all ordinance requirements and Town guidelines. On motion by Councilwoman Carter, seconded by Councilman Barber, Council voted to approve the subdivision plat as presented. Council’s vote is as follows: AYES: Ashworth, Ballengee, Carter, and Weaver. NAYS: None.”

35. December 17, 2002: Town Council: “2. Rezoning request by Jesse D. Stafford for property located on the western side of Stafford Drive (a 17.814 acre portion of tax parcel 405-((A))-4) from A Agricultural to R-l Single-Family Residential. The property contains 17.814 acres of the approximately 24.0 total acres and is scheduled as Residential in the Future Land Use Map of the Christiansburg Comprehensive Plan. Mr. Kevin Barnes of Barnes & Grogan Associates, Inc. explained that plans are to develop this property as a single-family residential subdivision, with open greenspace and walking trails. The subdivision will have its own stormwater management pond. and a new fifty-foot right-of-way street. The entire subdivision will comply with all regulations. Mr. Mark Salmon, a resident of Stafford Drive, said that there has been much growth in that area over the past few years, and due to the growth, the road is not adequate for the volume of traffic that uses it daily. He suggested widening the road, adding a turn lane, and increasing police patrol. He also expressed concerns with the hazardous intersection onto Route 114. Mr. L.J. White, Jr., also a resident in that area, asked for additional information on the types of homes to be built. Mr. Charles Stone commented that many of the homes along Stafford Drive are well-kept homes and the positioning of the new houses will result in the new homes backing Stafford Drive. He is not in favor of the request for this reason as well as the fact that he believes the lots are too small and the road inadequate. Mr. Johnny Williams explained that the house sizes will range from 1200 square feet to 1500 square feet, with various lot sizes. The layout is good, and over two acres have been reserved for open greenspace. At this point Mr. Mark Salmon stated that he believes Town Council will approve the request due to revenue to the Town, regardless of the concerns raised tonight. Patricia Salmon supported the comment made by Mark Salmon and expressed concerns with the layout of the subdivision. Susan Hood said her biggest concern is with entering on to Route 114. Mark Thurlow commented that the traffic issues with Route 114 need to be addressed before adding additional homes and traffic to the area. He asked Council to deny the request until the improvements have been made to Route 114. Charles Stone asked what land is used when widening roads. Manager Terpenny responded that typically one-half of amount needed is taken from each side of the road. “

From Planning Commission Minutes 2003:

1. January 6, 2003: Town Council: “Mr. Terpenny stated that he believed condition 12 “This permit shall not be effective until a site plan prepared showing landscaping, paved parking areas, underground utilities, driveway entrance, drainage areas, etc. is approved by the Town.” to be unnecessary as there is no construction taking place and the Planning Commission agreed. Vice-Chairperson Wade asked how could the site be improved and Commissioner Lawless stated that will buildings are redeveloped or structurally changed the sites would be brought into compliance with Codes. Mr. Terpenny stated the Planning Commission decided to allow businesses to enter sites without meeting current site development standards unless the building is being enlarged or changed structurally. Commissioner Carter stated she would like to see some landscaping. Commissioner Stipes reworded condition 8 to “There are to be no discernible noises to residential properties in the nearby vicinity between 7:00 p.m. and 7:00 a.m.” and the Planning Commission agreed. Mr. Terpenny stated that condition 13 “This permit shall not be effective until completion of the applicant’s building and issuance of a certificate of occupancy by the Town.” should be deleted and the Planning Commission agreed.”

2. September 16, 2003: Planning Commission: “Chairperson Canada introduced the request. Chairperson Canada stated Planning Commission members visited the site and asked for their report. Commissioner Lawless stated screening will be difficult due to topography. Commissioner Lawless also stated there is a concern with stormwater with a creek in the bottom area. Ms. Poff stated a lady spoke at the Public Hearing and showed photos and she had no problem with the request. Commissioner Carter stated the entrance at Roanoke Street could be a potential for traffic hazard. Commissioner Lawless stated it is a busy street with limited sight distance. Chairperson Canada stated the Planning Commission drafted conditions at the workshop. Mr. Terpenny read the conditions. Chairperson Canada stated the screening and site distance is a concern. Commissioner Carter inquired to how the floodplain would be addressed. Mr. Poff stated the property would be surveyed to ensure appropriate elevation and height. Chairperson Canada stated the request is similar to previous requests. Commissioner Simmons made a motion to recommend disapproval to Town Council. Commissioner Lawless seconded the motion, which passed 4-0, with Commissioner Carter abstaining.”

3. September 16, 2003: Planning Commission: “Commissioner Lawless stated he has a stormwater concern for this property. Commissioner Lawless asked if there is a way to address regional stormwater problems other than through state requirements. Mr. Terpenny stated stormwater concerns can be addressed during plan review. Mr. Lance Tate addressed the Planning Commission requesting a privacy fence adjoining his property and Mr. Miller’s property. Mr. Miller stated there is a row of pine trees but people still cut through the property. Mr. Terpenny read a letter from Ms. Snidow stating she has a similar concern regarding trespassing. Commissioner Carter stated she would like a condition to address the trespass concerns. Mr. Terpenny stated a fence or landscaping buffer can be required. Commissioner Carter stated landscaping is a nicer effect but would not address trespassing. Chairperson Canada stated vegetation would be preferable to him. Mr. Miller and Mr. Tate both agreed. Mr. Terpenny added a condition to require evergreens to be planted. Commissioner Lawless made a motion to recommend approval to Town Council with the conditions and proffers. Commissioner Simmons seconded the motion, which passed 5-0.”

4. December 1, 2003: Planning Commission: “Vice-Chairperson Wade introduced the request. Mr. Wingfield detailed the location. Commissioner Carter inquired to the location of the Floodplain. Commissioner Stipes stated the Floodplain portion is the conservation area. Mr. Lester asked if the only exit would be onto Depot Street. Mr. Barber stated the land zoned Agricultural is hilly. Mr. Wingfield stated the drop off is approximately 700 feet. Mr. Lester asked if the Industrial zoned property has potential for an Industrial use. Mr. Terpenny stated the railroad is running through the property. Mr. Woody stated the proposed subdivision project would help protect the Hans Meadow residents by developing residential and entering and exiting at Hans Meadow Road, not through Sherwood Drive. Commissioner Carter inquired to the placement of a pond. Mr. Woody stated a pond would be placed along the railroad and Crab Creek. Commissioner Carter asked where the entrance to the subdivision would be located. Mr. Woody stated the entrance would be from Hans Meadow and access could be obtained from Sherwood Drive.”

5. December 1, 2003: Planning Commission: “Vice-Chairperson Wade introduced the request. Mr. Wingfield detailed the location and stated five units would be built. Mr. Helms stated one citizen came into the Town offices with regards to the storm water. Commissioner Carter stated she would like to table the issue to consider the storm water issue. Mr. Barber state adding more pavement will increase the runoff. Commissioner Stipes stated a byright use could be more intrusive, a CUP request is the opportunity to make a decision to address issues. Vice-Chairperson Wade stated if the issue is tabled that leaves the chance of a business use locating on the property. Commissioner Stipes stated a condition could be placed to insure the development has over-detention of stormwater. Mr. Terpenny stated sidewalks would be required along both streets.”

6. December 2, 2003: Planning Commission: Chairperson Canada introduced the request. Commissioner Carter stated she has concerns about run-off. Mr. Terpenny stated the run off would be diverted from the Hans Meadows residents and towards Crab Creek. Commissioner Carter requested clarification of the entrance to be used. Chairperson Canada stated traffic would enter from Hans Meadow Road and this will help keep construction vehicles from the neighborhood. Commissioner Simmons made a motion to recommend approval to Town Council. Commissioner Dobson seconded the motion, which passed 6-0.”

7. December 2, 2003: Planning Commission: “Chairperson Canada introduced the request. Chairperson Canada stated greenspace is a concern for the Planning Commission. Chairperson Canada stated he had personally seen the trails provided in existing portions of Oak Tree. Chairperson Canada asked if the Town had received any citizen input. Mr. Terpenny stated the Superintendent of Schools provided a letter expressing concerns for bus safety and road design. Mr. Woody stated he has plans to address the recreation needs with parks and trails for the new development. Chairperson Canada asked if these would tie into the phases. Mr. Woody stated a bridge would tie the walking paths. Ms. Hess asked if any areas large enough for a recreation fields would be provided. Mr. Woody stated there would not be recreation fields, that larger areas require more funding for upkeep by the Homeowners Association. Mr. Terpenny stated the stormwater issue for the site was met by another project’s regional pond. Mr. Woody had to upgrade the channel to the pond. Commissioner Stipes inquired to the density. Mr. Terpenny stated there are 29 acres with 250 units planned. Commissioner Stipes stated that number is below the allowed density. Commissioner Lawless made a motion to recommend approval to Town Council. Commissioner Stipes seconded the motion, which passed 6-0.”

8. December 8, 2003: Planning Commission: (Review of Comprehensive Plan) “Commissioner Lawless stated with all the recent issues regarding drainage, should there be a separate line item with regards to runoff. Mr. Terpenny stated the wording should be changed to put more emphasize on storm water control.“

From 2003 Town Council Minutes:

1. March 4, 2003: Town Council: “COUNCILMAN BALLENGEE asked if there were any major problems in Town as a result of the heavy rains received in the past two weeks. Manager Terpenny reported that the town had received reports of minor flooding and minor road destruction and that all reports were handled according to Town procedure.”

2. April 15, 2003: Town Council: “CAROL SILCOX ADDRESSED COUNCIL concerning drainage problems near and on her property on Cambria Street near Ellett Road. She explained that run off from a drainage ditch is causing erosion, debris, and damage to her property She asked if Council would consider laying a pipeline connecting to a nearby manhole. She showed Council a map of her neighborhood and pictures of the damage to her property. Mayor Linkous asked if the Town Manager is aware of this matter. Manager Terpenny is aware of the matter and the Mayor turned the matter over to the Street Committee for its study and recommendation.”

3. April 15, 2003: Town Council: “MANAGER TERPENNY reported that the Town has received requests from several residents to extend the spring cleanup program due to additional debris caused by recent heavy rains. Manager Terpenny has spoken with the Public Works department and they say pick up is on schedule. Councilwoman Carter said she experienced some delay in setting things out because of the rains and that portions of Town did receive significant damage to trees and shrubbery. Council’s main concern was residents who missed the initial pick up seeing this as an opportunity to set things out now. Manager Terpenny commented that some residents do that anyway. Council decided to continue picking up what is along the street now through the end of the week with no public announcement to extend pick up. Councilman Barber mentioned a letter from a Town resident thanking and commending the Fire Department and Fire Chief Epperly for assisting them when a large tree in their yard, damaged by severe storms, was in danger of falling on their house.

4. May 6, 2003: Town Council: “1. Conditional Use Pennit request by Jennings Construction for residential use at 215 Freestone Drive (tax parcels 406- ((5))-5A and 6) in the B-3 General Business District. Residents of Freestone Drive Nancy Jennelle, Rhoada Vaught, and Natalie Moore all spoke in opposition of the request due to increased noise, traffic, and potential water drainage problems. “

5. May 6, 2003: Town Council: “MS. CAROL SILCOX OF CAMBRIA STREET addressed Council a few weeks ago concerning drainage problems along Cambria Street affecting her property. She brought more pictures for Council to see of trash, debris, and erosion on her property as a result of existing drainage. She again asked the Town to pipe the ditch and connect it to a nearby manhole. Manager Terpenny explained that the Street Committee studied her request and reported that the drainage issue is a result of a natural drainage to which the Town has no easement. Piping the ditch could be done, but it would be a major project considering the large number of natural drainage lines in Town; piping one could end up in piping them all. In the past, the Town has sent crews to clean up debris along this natural line after heavy rains. Manager Terpenny will see to it that the ditch in question is cleaned up.”

6. May 6, 2003: Town Council: “1. Conditional Use Permit request by Jennings Construction for residential use at 215 Freestone Drive (tax parcels 406- ((5))-5A and 6) in the B-3 General Business District. Councilman Barber asked about the lot size. Manager Terpenny stated that the lot is .55 acres. The builder would be allowed to construct four (4) townhouses in addition to the existing house. If there is not enough acreage to build in compliance with the zoning the plat would be denied. At this time, no plans have been submitted to the Town. The builder would be responsible for storm water management. On motion by Councilman Lester, seconded by Councilman Weaver, Council voted to issue the CUP as requested with one condition as set forth in the attached resolution. Council voted as follows: AYES: Ashworth, Ballengee, Barber, Carter, Lester, and Weaver. NAYS: None.”

7. May 6, 2003: Town Council: “MANAGER TERPENNY REPORTED on the matter brought before Council by Carol Silcox. Manager Terpenny and the Street Committee studied the request and realized the problem is due to natural drainage to which the Town has no easement. Property owners can dedicate an easement to the Town, however, considering the large number of natural drainage areas in Town, piping the ditches would be a major project. Manager Terpenny explained that the Street Committee recommends the Town not pipe the ditch, but continue as in the past to cleaning up debris along these lines after heavy rains. Councilman Lester reiterated that these natural drains are all through Town, just as in other Towns, and piping all natural drainage ditches would be an impossible project. Manager Terpenny spoke with the Town’s Engineering Department and came up with one possible concept, which would be to install a catch basin to trap large debris and then the basin would be periodically cleaned out. Mayor Linkous turned the matter over to the Town Manager to handle as he sees fit.”

8. July 1, 2003: Town Council: “COLLEGE STREET CITIZENS TO ADDRESS COUNCIL - Attorney Chris Tuck addressed Council as a representative of the College Street citizens, who retained him to help resolve the drainage issues along College Street. Mr. Tuck said that in the past College Street had occasional flooding, but now the flooding has evolved into something much worse. The residents have brought this issue to Council in the past to no avail, and they are frustrated because the problem continues to grow. He showed Council home videos showing major flooding on the properties along thls street. MI Tuck stated that heavy rains are not the issue, that College Street sees flooding even in times of drought. According to him, the contributing factors are the new middle school development and, mainly, continued subdivision development in the area. Mr. Tuck said that several pipes now fill into the College Street drain system causing the devastation seen in the videos. Residents along College Street continually have basement flooding, walls collapsing, rat infestation, and debris build-up. The residents believe the Town has done nothing in the past to help resolve the issue, and Mr. Tuck asked Council to please reach out and help these people. He stated that it will be very costly if the issue goes to litigation. Mr. Tuck thanked Council for its time. Mr. Jason Diggs stated that flooding is also a problem along Hillcrest Drive, and he stated he has sent emails to Town engineers numerous times with no response. Jeremy Whitehurst, a College Street resident, said he can send specific information on the exact problem areas. He stated that continued development in the area has overwhelmed an already incomplete drainage system. Mr. Danny Richards, who made the videos viewed by Council, said the debris creates a dam along his fence, which backs water up into his basement. Ms. Julie Craft said that water from Hillcrest Drive runs across the front of her yard and the culvert in front of her property fills up rapidly. She has small children and is concerned with the depth and swiftness of the water in the culvert and with the debris that gathers in her yard. The culvert is not covered. Mr. Lance Hoffman of College Street said he gets so much run off from behind his property that he must rent a sump pump to pump water out of his basement, and he is located on a hill. Councilman Ballengee asked how much run off is from the new middle school area. Mr. Whitehurst said he can’t specifically say, but that it has added to the problem. He said that the water does shoot out from a drainage pipe onto the road and then runs down College Street. Mr. Whitehurst said he had a forty foot wall fall on his property, and has lost much of his gravel. He dug trenches, but to no avail. He stated that an unfinished pipe put in by the Town is inadequate. Councilman Ballengee asked Mr. Tuck if he plans to address the Board of Supervisors regarding the run off from the middle school property. Mr. Tuck said he will but that the problems mainly stem from continued construction in the area and an inadequate storm water management system. The school is a contributor, but not a major factor. Mr. Hixon, who has lived in the area for many years, said he used to get drainage from one direction and now he gets drainage from four directions. He is frustrated because the Town continues to approve additional development in the area. Mayor Linkous asked Manager Terpenny to respond to the comments regarding new construction in the area. Manager Terpenny explained that drainage along College Street was an issue when he was hired in 1989, and that water retention and detention regulations were not in place at that time. All new construction is now governed by stricter regulations, and the middle school site was designed to meet those regulations. Hillcrest Drive is one area that was approved prior to the regulations being adopted and, therefore, was developed under less strict guidelines. Anytime a plat is presented to the Town for approval, it is reviewed by engineers for regulation compliance. In order to alleviate the drainage issues along College Street, major engineering work would have to be done, and due to the magnitude of the project, it would have to be done as a capital improvement, and it would also take quite some time to complete the project. Mayor Linkous turned the matter over to the Street Committee for its study and review. Councilman Barber agreed that there is clearly a problem and stated that now is the time to address the problem. He stated that the Town voted in the new construction, which contributed to the drainage problems, and now the Town owes these residents a solution. Councilman Ballengee agreed saying these residents have requested help in the past, and he said he wished he knew a solution to the problem. He would like the Town Manager and Town Engineers to look into the matter and find a step in the direction of resolving the issue. Councilman Weaver asked if the regulations for developers are strict enough, and Councilman Lester questioned if the Town owns enough land to work with. Manager Terpenny said the Town does not own enough land, but the residents are willing to give up land in order to rectify the problem. Brenda Doil stated that the Town should be able to fix the drainage problem within a year. The Street Committee, Town Manager, and Town Engineers will study the issue and bring to Council suggestions on feasible and effective ways to resolve the drainage problems in this area.”

9. July 15, 2003: Town Council: “TOWN MANAGER TERPENNY reported that the Engineering staff met regarding the College Street drainage issue brought before Council at the July 1, 2003 meeting. The staff decided the first step in resolving this problem is to identify the date of adoption of the water retention and detention regulations, and dates of amendments to those regulations, and make sure all development in the area is in compliance with those guidelines. Councilman Ballengee stated that he spoke with Montgomery County regarding the stormwater management on the new middle school property and he was told that the holding pond was designed to hold water and they will check the system for any problems with the design.”

10. August 5, 2003: Town Council: “MR. LESTER AND MS. CARTER - Street Committee Recommendations on: 1. College Street drainage. The Street Committee, Town Manager, and Town Engineers met and discussed this matter. Councilwoman Carter reported that there have been five development projects constructed within the two hundred acre drainage area affecting the College Street residents, since the adoption of the current stormwater regulations in 1990. Since the drainage problem is complex and hag several contributing factors, the Committee suggests that the College Street property owners have a drainage study performed by qualified engineers with recommendations for improvements. Town Council can then consider constructing the improvements as resources allow. The improvements will require the cooperation of every property owner affected by the improvements and may involve the donation of land. Manager Terpenny further reported that a thorough study is needed before the Town can know what needs to be done to improve the situation. It may be that a series of minor changes can be made to correct the problem, or it may be a large improvement, which would be handled as a capital improvement. He stated that all development projects in the area have been constructed in compliance with current regulations including the new middle school construction. Manager Terpenny explained that the stormwater guidelines require that water drainage leaving a site after development must not have a greater flow rate than before development. Mayor Linkous commented that some of the runoff in this area comes from the interstate.”

11. September 16, 2003: Town Council: COLLEGE STREET RESIDENTS TO ADDRESS COUNCIL - Att6rney Chris Tuck, on behalf of many College Street residents, met with Town Manager Terpenny and the Street Committee to try and resolve the drainage problems along College Street. He commented that Town Attorney McGhee researched the drainage issue and determined that the residents of College Street are responsible for measures taken to correct the problems; however, the residents believe that it is the local government’s duty to correct such problems within the Town. The residents believe the drainage problems are a direct result of developers not complying with regulations and not being held accountable for non-compliance. Residents do not want to be responsible for studying the problem, but rather want to work with the Town in determining what measures must be taken to correct the matter. They want to know exactly what needs to be studied and they also want a commitment from the Town that it will fix the problem once a study is completed. Mr. Tuck said that the residents understand that some of them may lose their homes to correct the drainage, but that is a chance they are willing to take. Several residents commented that they are disappointed that the Town is not willing to help them correct the drainage along College Street, and that if the residents are paying their Town taxes then the Town should be responsible for correcting a problem that affects a large number of residents. Several residents are concerned about the drainage problem increasing with future development in the area. Mayor Linkous asked Town Attorney McGhee to comment on his research in this matter. Town Attorney McGhee said that the Courts have ruled that localities can only do what is authorized by Legislation of Virginia, which states that a locality can only commit to what will be paid in the current fiscal year. There is no time frame for the College Street matter, and therefore, there is no authority for the Town to enter into a binding agreement where time and cost is not specified. He further commented that the problem in this area has existed for many years prior to recent construction. The law says that the Town can establish a “system” for storm drainage, which could have the following feature: The Town could undertake the entire project with the cost to be paid by the College Street residents. With non- payment, the Town could file liens against property owners in the same manner as property tax delinquency. If a sufficient study could be taken collectively, and a time frame and cost could be determined, the Town may discuss its options at that time. But by law, the Town is unable to do so at this time. Attorney Tuck stated that the Town, in the past, has taken on projects to help citizens, and that the purpose of the government is to help its citizens in need and assist with problems that arise. He stated that flooding has occurred in this area even in times of drought and that once water hits the road it becomes the Town responsibility. He believes the Town can commit at this time to addressing the drainage issue. Mayor Linkous commented that the Town has not ignored the problem in past and has dealt with construction issues. After a study is completed the Town will then discuss options for assisting the residents of College Street.”
12. September 16, 2003: Town Council: “4. A Conditional Use Permit request by S & S Construction, L.L.C. for property on Overlook Drive for a planned housing development in the R-3 Multi-Family Residential District. Councilman Ballengee questioned one of the proffers offered for this development, which is a varied street frontage minimum of fifty-feet. He stated that for the R-3 Multi- Family District the lot width minimum is eighty-feet and he believes to deviate from that is to set a precedent. Manager Terpenny said that it is not unusual for a planned housing development in the R-3 Multi-Family Residential District to have varying street f3ontage widths less than the required minimum. The developer must submit a map for the Town to consider and request a Conditional Use Permit to allow the varying lot widths. Examples of planned housing developments with street frontage widths less than the standard minimum are Sleepy Hollow subdivision and New River Village subdivision. Planning Commission Chairperson Canada commented that the Planning Commission looked at the layout of the land and met with the architecture, and studied the housing allowed by right on this site as an R-3 Multi-Family Residential zoning. The Planning Commission believes this to be an acceptable usage as opposed to the forty townhomes allowable by right. Manager Terpenny said that the CUP conditions cover issues such as buffering and drainage. And Councilwoman Carter commented that additional requirements could be added to address stormwater and erosion as needed. On motion by Councilman Lester, seconded by Councilman Weaver, Council voted to issue the CUP as follows: AYES: Ashworth, Carter, Lester, and Weaver. NAYS: Ballengee, and Barber.”
13. November 4, 2003: Town Council: “1. A Conditional Use Permit request by BDMV 114 for residential use and for industrialized building units for use as a temporary sales office on property located on Walters Drive (tax parcel 434 - ((A)) - 14E) in the B-3 General Business District. Mr. Blaine Keesee, of Gay and Keesee, Inc. spoke on behalf of the property owner and developer. The property is currently zoned B-3 General Business and the owner is requesting a CUP to allow multi-family dwellings, as well as a CUP for a temporary construction trailer. Mr. Keesee introduced Kevin Connor of Gay and Keesee, Inc., who explained the developer’s plans for the property. Mr. Connor began by showing Council pictures of the typical units to be constructed. He explained that the development would have roll curb and gutters, and sidewalks along the right-of-way on one side of the road as a minimum. Two acres of the land is to be dedicated to the Town as green space and a bike trail is planned for this green space area. There are to be forty-eight units (twenty-four buildings), each with a two-car garage. The units will be in the $150,000.00 to $200,000.00 price range, and will be sale property, not rental. Mr. Dennis Davis of Massey Drive asked where the subdivision outlet would be, and one resident questioned drainage on the low-lying areas of the property to be developed. Mr. Keesee explained that an area has been reserved for the stormwater management system, and he stated that the system would handle any additional run- off created by development of the property. Access to the development will be Route 114. One resident said this access plan is unsafe due to high traffic volume on Route 114, and suggested a stoplight be part of the development. Manager Terpemy responded that VDOT controls stoplights along Route 114, and it has strict standards governing stoplight placement. VDOT will do a traffic study at the Town’s request. Mr. Mark Thurlow stated that he has fought development along Route 114 for years, and he commented that Route 114 has been on VDOT’s upgrade list for years and remains on that list. He commented that there are many accidents along Route 114 due to overcrowding, and he said that VDOT has done a traffic study and found a stoplight unwarranted, even with continued development. He also voiced concerns about property values. He criticized the Town, Town maintenance, and enforcement of Town Codes. He asked that the request be denied. Mayor Linkous stated that every year the Town requests improvements to Route 114l’Peppers Ferry Road to VDOT, and the best it has done is to get the road improvements placed in the 6-Year Plan.”
14. December 2, 2003: Town Council: “1. A rezoning request by Roger W. and Barbara J. Woody for property located on the northern side of Hans Meadow Road (tax parcel 498 - ((A)) - 33,334 34, 96, 97, 974 and 98) from A Agricultural and 1-1 Limited Industrial to R-1 Single-Family Residential. The property contains approximately 16.331 acres and is scheduled as Residential and Conservation (Floodplain) in the Future Land Use Map of the Christiansburg Comprehensive Plan. Gene Brooks, who has live in this area for fifteen years, addressed Council with his concerns. In addition to environmental safety and possible property encroachment concerns, he is concerned with the affect new construction will have on an already inadequate drainage system. Hans Meadow has had major flooding on numerous occasions, and Mr. Brooks would like some assurance from the Town that the drainage system will be improved, or at least not made worse by this new construction. Ms. Joan Simons, a seventeen-year resident of Hans Meadow, said she supports the rezoning, but is also concerned about the current drainage system. She also commented that visibility could be a problem if the property is to be accessed from Hans Meadow Road. She asked for assurance from the Town that it will monitor the contractor for guideline compliance, and she commented on the increased number of children in our school system as a result of another housing development. She welcomes the rezoning and new neighbors if construction is done properly. Mr. Woody stated that he purchased this property three or four years ago, but waited to develop the land until he was able to purchase an additional, adjoining piece of land to be used as access onto the property, so that the development will not interfere with Hans Meadow Road. He has been working with the Town concerning the drainage, and has plans to retain more run-off than required by State Code. He believes this will not only help correct some of the current drainage problems, but increase property values, as well. He showed Council a preliminary plat approved for sixty-two homes, with two homes currently located on the property. Plans are to begin construction next summer and continue in phases for two to three years.”
15. December 2, 2003: Town Council: “3. A Conditional Use Permit request by Sam Simpkins for residential use on property at 1195 Moose Drive between College Street and Moose Drive (tax parcel 556 - ((A)) - 10 and two unnumbered parcels) in the B-3 General Business District. Mr. John Neel, an engineer with Gay and Keesee, representing Mr. Simpkins, reviewed the site plan for this request with Council. Plans are for five townhomes with sidewalks along the street frontages. The stormwater management pond proposed is to over-detain the ten-year post-development to the one-year pre-development rate. Town staff is currently reviewing the stormwater management proposal for compliance. This extensive stormwater management pond should help improve the current drainage problems along College Street. Mr. Fred Umberger of College Street said water drainage problems on his property have increased due to the inadequate stormwater management system on Mr. Simpkins most recent project, Misty Meadows. Mr. Jeremy Whitehurst of College Street said he can not believe the Town is considering allowing more development in this area considering the major drainage issues faced by College Street residents. Drainage problems along College Street have damaged approximately $900,000.00 worth of property. He stated that the residents of College Street are performing a drainage survey at the direction of Town Council, but the survey will not be completed until Spring 2004. Additional construction in the mean time will only create additional problems, and he asked Council to wait until the survey is completed before allowing additional development in the area. Mr. Henry Nixon commented that the Town is adding to an already overwhelming problem. Mr. Joseph Harris asked Council to consider College Street history, and to fix the current problems before creating more problems.”
16. December 2, 2003: Town Council: “3. A Conditional Use Permit request by Sam Simpkins for residential use on property at 1195 Moose Drive between College Street and Moose Drive in the B-3 General Business District. Secretary Terpenny read the resolution recommending Town Council issue the Conditional Use Permit with four (4) conditions, which are (1) Over-detain the ten-year post-development to the one-year pre-development rate; (2) Sidewalks on both street frontages; (3) All erosion, sediment control, and stormwater issues on other projects by Mr. Simpkin in this drainage basin to be completed prior to site plan approval; and (4) Retention and erosion sediment control measures be constructed and approved by the Town prior to any impervious surfaces. The resolution with conditions is attached herewith. Secretary Terpenny reported that the Planning Commission deliberated extensively on this request realizing that stormwater management continues to be a problem in this area. However, the Town is working with the developer to ensure that the developer does all he can to prevent an increase in the problem, and to actually help improve existing problems. Requirements for this development far exceed State requirements. If the site is not rezoned for residential development, the property currently, by-right, can be developed commercially, which means more concrete/asphalt/rooftop. The Planning Commission decided, after its study and review, that residential development is a better use of this land.”

(continued on 2 page and more)