Montgomery County

Planning Commission Minutes

17 November 1999

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON NOVEMBER 17, 1999 IN THE BOARD ROOM (#327), THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

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

Mr. Wells opened the Public Address Session.

Paul Haynes, NRV Homebuilders Association, addressed the Commission on the Board of Supervisors and Planning Commission work session to be held on November 22^nd. He asked if members of the Homebuilders Association could attend the work session? They wish to have an input on the proposed Zoning Ordinance. Members advised him that the Board of Supervisors had invited them to their work session. Mr. Neumann suggested that they send a letter to the Board requesting that they be allowed to attend the work session.

Larry Martin, NRV Homebuilders Association, addressed the Commission on the proposed Zoning Ordinance. He stated that there needs to be more input on how the proposed Zoning Ordinance will effect residential development.

Margaret Smith, Riner, addressed the Commission on the two meetings held by Friends of Riner. She stated that farmers are in favor of the proposed Sliding Scale in the Zoning Ordinance and wish to maintain possession of their land.

There being no further comments, Mr. Wells closed the Public Address Session.

On motion by Michael Ewing, seconded by Don Linkous and carried by a vote of 6-3 (Kathryn Brennan, Jim Martin, Harry Neumann, opposed),

BE IT RESOLVED, That the Montgomery County Planning commission hereby enters into Closed Meeting for the purpose of discussing the following:

Section 2.1-344(A) (7) Consultation with legal counsel and briefings by staff

1. Brush Mountain Estates - Phase IV Final Plat
2. Brush Mountain Estates - Phase V Preliminary Plat
3. Brush Mountain Estates - West-Phases 5, 7, 8, and 9 Preliminary Plat
4. Brush Mountain Estates - West-Phase 6 - Final Plat

The vote on the foregoing motion was as follows:

AYE NAY

Malvin Wells None

Kathryn Brennan

Richard Daub

Charlie Elgin

Michael Ewing

Don Linkous

Jim Martin

Harry Neumann

Joe Draper

On a motion by Don Linkous, seconded by Kathryn Brennan and carried unanimously,

BE IT RESOLVED, That the Planning Commission ends their Closed Meeting to return to Regular Session.

The vote on the foregoing motion was as follows:

AYE NAY

Malvin Wells None

Kathryn Brennan

Richard Daub

Charlie Elgin

Michael Ewing

Don Linkous

Jim Martin

Harry Neumann

Joe Draper

On a motion by Michael Ewing, seconded by Harry Neumann and carried by a vote of 8-0 with one abstention (Charlie Elgin).

WHEREAS, The Planning Commission of Montgomery County has convened a Closed Meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Commission that such Closed Meeting was conducted in conformity with Virginia law.

NOW, THEREFORE, BE IT RESOLVED, That the Planning Commission of Montgomery County, Virginia hereby certifies that to the best of each member's knowledge (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion conveying the Closed Meeting were heard, discussed or considered by the Commission.

AYE

Malvin Wells

Kathryn Brennan

Richard Daub

Michael Ewing

Don Linkous

Jim Martin

Harry Neumann

Joe Draper

None

Charlie Elgin

Ray Alcorn

Ray Alcorn

None

Mr. Powers requested Crozier Court Subdivision Rezoning request be removed from the Consent Agenda. He stated that there is a problem with the request being compatible with the Comprehensive Plan. This problem needs to be resolved before proceeding with the rezoning request initiated by the Planning Commission.

1. 2232 Review - New Elliston Fire Station

Mr. Ewing asked about mine shafts on the West Brush Mountain Estates? Discussion followed. The presence of several abandoned mines had been reported by the agent at the previous meeting. Commissioners were concerned over how they might affect roads in the subdivision and the placement of houses, wells and septic systems on individual lots. They felt that abandoned mines and areas of existing and potential subsidence needed to be located and shown on the subdivision plat. Ms. Brennan stated that she is concerned over the environment and people purchasing this land. Mr. Neumann stated that he is concerned over the karst terrain, the affect on wells and septic systems and the entire area that is considered for development. Mr. Elgin expressed his concern over the terrain and structure of the grounds for proposed residential development. Mr. Wells stated that he has a reservation about development but the plats for Brush Mountain Estates do comply with the Subdivision Ordinance.

Mr. Powers reported that the Board of Supervisors scheduled a Work Session on the Revised Zoning Ordinance, Monday, November 22^nd, and has requested Planning Commission members to attend. The Chair, Mr. Wells, said this would be a Special Meeting of the Commission. Mr. Powers suggested that members could arrive around 8:30 p.m.

Ms. Brennan gave the report of the Nominating Committee. The report was accepted and nominations closed.

James Martin, Chair

Harry Neumann, Vice-Chair

Don Linkous, Secretary

Ms. Biggs stated that the Commission could bring any of their comments to the Work Session, on the Revised Zoning Ordinance on Monday night.

Mr. Neumann reported that one public hearing was held.

Ms. Brennan reported that the number of children allowed at home care centers was discussed at their meeting.

None.

Mr. Daub reported that the Riner Volunteer Fire Department tower antenna was to be erected on the water tank, Shawsville sludge facility, and Riner Wastewater Treatment plan were items discussed at their meeting.

Ms. Biggs reported that they would meet November 30^th for a budget session.

Mr. Linkous stated that they had not met in November.

Bobby Parker, Public Information Director, reported that they are in the process of tabulating the surveys collected on the Plum Creek proposed Recreation Park and Consolidated Solid Waste Site.

Mr. Marty McMahon, County Attorney, gave a report on a court case held in Northern Virginia concerning a Communications Tower. The leasing of the land by VDOT for towers had not been under 2232 Review. The court's decision was that structure of public utility towers must come under 2232 Review. Mr. McMahon stated that requests for future Communication Towers in Montgomery County must be placed under 2232 Review.

Mr. Powers stated that as of November 15^th, Jerry Mabry, Utilities Engineer, would no longer be responsible for the Erosion & Sediment Control program. The County has advertised for a full-time County Engineer but an interim solution, Kelly Boyers, Planner, has been designated to coordinate Erosion & Sediment Control with Anderson & Associates and Thompson-Litton doing the plan review.

Mr. Powers said that November 19^th will be Geographic Information Service (GIS) day at Blacksburg and Christiansburg libraries sponsored by the Town of Blacksburg and Montgomery County.

Mr. Neumann stated that the 177 Corridor meeting would be held Thursday night at the Bethel School.

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

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