Planning Commission Minutes

12 May 1999

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON MAY 12, 1999 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

Mr. Wells, Chair, called the meeting to order Ms. Brennan, Secretary, established the presence of a quorum.

Present:Malvin Wells, Chair

Ed Green, Vice-Chair

Kitty Brennan, Secretary

Ray Alcorn, Member

Mary Biggs, Board of Supervisors Liaison

Richard Daub, Member

Joe Draper, Member

Don Linkous, Member

Jim Martin, Member

Harry Neumann, Member

Joe Powers, Staff

J. Scott, Staff

Ed Davis, Staff

Phyllis Conner, Planning Department Secretary

Absent:Michael Ewing, Member

Kimberly Golden, Staff

Mr. Wells opened the public hearing on the C.R. Duffner Rezoning request.

Mr. Scott showed a video of the area. Jacqueline Earnist-Watson, Agent was present to answer questions. She stated that if the rezoning were granted while the present dwelling is occupied, the use would be non-conforming. She stated that they plan to develop a body shop for automobiles on one or both of these parcels.

Mr. Wells asked for comments from the public. There being no speakers, Mr. Wells closed the public hearing on the C.R. Duffner Rezoning request.

Mr. Wells opened the public hearing on the Proposed Amendment to the Montgomery County Zoning Ordinance.

Mr. Scott stated that in reviewing the request from Alleghany Branch Library, it came to his attention that our current zoning ordinance permits libraries only in Planned Unit Developments (PUDs). Schools and churches are permitted by right in the A-1, R-1, R-2, and R-3 Districts. The proposed amendment is to add public libraries to the list of permitted uses for these districts.

Mr. Wells asked for comments from the public. There being no speakers, Mr. Wells closed the public hearing on the Proposed Amendment to the Montgomery County Zoning Ordinance (Sections 10-88(a), 10-137, 10-162 and 10-187 to permit public libraries in the A-1, R-1, R-2 and R-3 Zoning Districts.

Mr. Wells opened the public address session.

Mr. Gorman, Chairman Board of Supervisors, addressed the Planning Commission on the Proposed Amendment Montgomery County Comprehensive Plan regarding Water & Sewer.

He stated that there has been miscommunication concerning the 1993 Water and Wastewater Study in the Comprehensive Plan. He said the Study was done by Anderson & Associates for the Montgomery County Board of Supervisors to provide information to support the update of the Comprehensive Plan which should have occurred in 1995. The updated Comprehensive Plan was intended to be in place before the Zoning Ordinance was revised. The Board of Supervisors was not aware the Study was not being considered during the revision of the Zoning Ordinance until the issue of utilities in Agriculture (A-1) was discussed. He said the purpose of the Study was to determine what areas of the county could support residential development with affordable infrastructure. Mr. Gorman said the county government does not build infrastructure. The PSA is the only agency that provides infrastructure. The intent of the Study is to provide information to people who need it. Needs must be requested by the landowner. The whole purpose of the PSA is to meet needs, not speculate. All water and sewer projects have been reactive to need. The Study shows how it can be done when the time comes that it must be done. It shows "how to", not "we are going to".

Mr. Gorman stated that the Board of Supervisors has amended and re-established the County's 2232 Review Policy by including the requirement that the Planning Commission must hold a public hearing as part of their review process.

Mr. Draper asked Mr. Gorman if he could remain for the Planning Commission's further discussion on the Proposed Amendment Montgomery County Comprehensive Plan regarding Water & Sewer. Mr. Gorman stated that he would.

Ms. Brennan read the correspondence received from Melissa Mitchell, 3484 Tyler Road, Christiansburg concerning the water and sewer proposals. In her letter she stated that she agreed that we need to control growth and provide long-range planning to prevent sprawl but she believes that there is enough opposition at this time to validate the Planning Commission's concerns and justify that the Comprehensive Plan not include specific projects.

Mr. Wells asked for comments from the public.

Mr. Paul Haynes, Haynes Well Drilling, spoke. He said he agreed with Ms. Mitchell's letter. He thanked the Planning Commission for information provided at the public hearing. He said he does not wish the proposed amendment to the Comprehensive Plan regarding water and sewer to infringe on property owner's land.

Mr. Larry Martin, 2850 Roanoke Street, Christiansburg, said there is no difference between the county and the PSA. He presented a scenario of his proposal to divide his property and how this proposed amendment to the Comprehensive Plan regarding water and sewer would affect his proposal.

Mr. Charles Bowles, Riner, spoke. He said he couldn't understand the sewer projects and why the Stewart Rezoning and Special Use Permit request was approved to allow the construction and use of professional medical offices on property she owns at the intersection of Barn Road and Route 177. He stated that he wants Bethel sewage treatment taken out of the proposed Amendment in the Comprehensive Plan regarding Water and Sewer.

Ms. Margaret Smith, Riner, spoke. She stated that the 1990 Comprehensive Plan is a good plan it just needs to be revised. The Comprehensive Plan process was open to all people, meetings were held around the county. She asked why the proposed amendment regarding the water and sewer for thirty-nine projects needed to be included in the current Comprehensive Plan. If projects are included just because they are feasible, there will be no "wiggle room" when projects are reviewed.

Mr. Rick Roth, spoke in opposition to the Proposed Amendment Montgomery County Comprehensive Plan regarding Water & Sewer. Putting the projects in the Comprehensive Plan will remove them from being turned down under 2232 review. He said he does not wish Public Service Authority (PSA) to make decisions on where growth goes in the county.

Mr. Dan Fleming, Legislative Chair, American Association of Retired Persons (AARP) spoke on behalf of AARP. He expressed concern over the proposed Water and Sewer Amendments to the County Comprehensive Plan and the worsening of "urban sprawl" in the County. To him it places the cart before the horse. There needs to first be a long range vision for Montgomery County. Now there is none. The Comprehensive Plan determines which direction the county takes in the future. They support much further study being made by County leaders before any such action is taken. He said good planning requires an updating of the County's Comprehensive Plan including considerable input from the public. He said by a unanimous vote of the AARP Legislative Committee and Board of Directors, they request that the proposed Water and Sewer Amendments not be adopted.

Mr. Bob Stuart, Blacksburg, spoke. He expressed concern over the proposed thirty-nine water and sewer projects being included in the current Comprehensive Plan. He did not agree with Mr. Gorman that informing people where water and sewer might go is a function of the Comprehensive Plan. It predisposes the county towards a sprawl pattern with additional costs for fire, rescue, school, roads and so forth. The Comprehensive Plan is the major tool for people to think through what land of county they want. There should be more input from citizens on updating the Comprehensive Plan.

There being no further speakers, Mr. Wells closed the Public Address session.

Commission members discussed the C.R. Duffner rezoning request.

Commission members discussed the proposed amendment. Mr. Neumann felt it was appropriate to allow libraries in the same zoning districts as schools.

Ms. Brennan asked why there is a need to place the thirty-nine water & sewer projects into the present Comprehensive Plan? Mr. Gorman stated that to incorporate these projects into the existing plan updates the present Comprehensive Plan. Discussion followed concerning this issue. Mr. Draper asked about costs. Mr. Gorman said that local government money is not being used to subsidize the PSA. Only federal grants and low-interest loans are going to the PSA. Mr. Draper said that there is a wealth of information in the Study. It needs to be a public document in some fashion, possibly in the appendix. It is a feasibility study. Mr. Alcorn stated that he feels like being rushed to place all these water & sewer projects into the existing Comprehensive Plan. He said we need to be having this discussion about how to incorporate utility planning into our land use planning. He has serious concerns about 20 out of the 39 projects. The Water and Wastewater Study shows feasibility whereas the Comprehensive Plan shows desirability. There is a big difference. Mr. Daub said he would like to support the proposed amendment but would like to delete the dates and cost of the projects. Mr. Martin expressed concern over the 2232 Review. Mr. Neumann said you are not planning if you ignore the impact of growth. The cost of the individual projects is less than the costs of schools and roads they will lead to. Ms. Brennan said to include all the projects would be a violation of the Comprehensive Plan. Mr. Green asked if we could come up with some method of inclusion short of an amendment.

There being no further business, the meeting was adjourned at 8:45 p.m.