
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 3, 1994                   TAG: 9411030064
SECTION: CURRENT                    PAGE: NRV-12   EDITION: NEW RIVER VALLEY 
SOURCE: KENNETH SINGLETARY STAFF WRITER
DATELINE: CHRISTIANSBURG                                LENGTH: Medium

TOWN-HOUSE REZONING REQUEST DENIED|

Town Council on Tuesday shot down a rezoning request for a town-house development in a neighborhood of houses that Town Manager John Lemley called an example of "spot zoning," a practice he says is illegal.

Wayne Brockenbrough had applied to rezone 2.6 acres he owns off Epperly Drive so he could build 26 town houses. The parcel is an island in the middle of at least 130 acres of a residential neighborhood containing scores of houses.

Lemley said two criteria help determine if a rezoning request is spot zoning:

The ratio of the size of the property to be rezoned to the size of area in which it is located.

If the rezoning would benefit more than one property owner.

Michael Gay, an engineer who represents Brockenbrough, said at the planning commission hearing, "I don't think I've heard or seen a specific ratio."

"There is none," Lemley replied, who said earlier in the meeting the issue is difficult to define, though it is outlawed by Virginia.

Several residents spoke against the request at a public hearing, raising questions about the proposal's effect on property values, storm water drainage and traffic.

Brockenbrough said Wednesday he does not have further plans now though he has "several alternatives."

"Most likely it will be duplex development, which is what the existing zoning allows," Gay said.

Gay said the lot has room for six structures containing a total of 12 units, but he does not know when a site plan might be filed.

In other news:

Lemley reported that a recent fire protection survey of the town may result in lower fire insurance rates for commercial properties.

The survey took into account the town's improved fire equipment and water since the last survey was completed in 1984.

Areas in Montgomery County served by the town's fire and water services also may benefit.

At the request of the Chamber of Commerce, council agreed to provide free downtown parking during the Christmas season. The free parking will run from Nov. 25 to Jan. 1.

Lemley said a grant for a proposed arts building in downtown Christiansburg had not been awarded. The town had applied for the grant, on behalf of the New River Arts Council, on July 15.

Councilman Jack Via told council that a Veteran's Day ceremony will take place in the town square Nov. 11.

by CNB