ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, May 17, 1996 TAG: 9605170092
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
DATELINE: CHRISTIANSBURG
SOURCE: KATHY LOAN STAFF WRITER
Prompted by a divided April vote that was later ruled illegal, the Montgomery County Planning Commission has revised its bylaws.
The planners had narrowly recommended approval of developer William H. Price's plan for a rezoning of 538 acres of land between Blacksburg and Christiansburg. Price wants to build single-family dwellings and town houses on the Price Mountain property.
But County Attorney Roy Thorpe told the Board of Supervisors that the commission's 4-3 vote, with two abstentions, violated the planners' bylaws.
Those bylaws required that the number of votes needed to transact business was a majority of the entire membership. With nine members, that means five "yes" votes were needed to recommend the Price proposal on to the supervisors.
The supervisors scheduled a new public hearing on Price's proposal for June 24. That gives the opportunity for more public input and for the county to get additional information about Price's plan. It also means the Planning Commission will revisit its vote.
Wednesday, the planners voted 6-2, with Chairman James Martin absent, to adopt a procedure, recommended in Roberts' Rules of Order, that's the same one the supervisors use.
That means that in the future, a majority of the votes cast when a quorum is present - ignoring abstentions - will be sufficient for the adoption of any motion.
For example, if seven members are present at a meeting, the number of votes needed to adopt a motion would depend on the number of abstentions. If two of seven members present abstained, three "yes" votes would be needed.
Planner Harry Neumann and Acting Chairman Richard Daub voted against the motion.
Neumann said he thought Roberts' Rules were more for governing bodies that advisory boards.
"I don't think it's out of the question to expect a consensus opinion on what we're voting on," Neumann said.
In other business, the Planning Commission:
Voted to recommend to the Board of Supervisors that fees for zoning variances be increased and that a new charge be added for subdivision variance requests.
The county now charges $60 for zoning variances and appeals, and nothing for subdivision variances. The increase would help defray costs for the Board of Zoning Appeals to meet. With members being paid $25 a meeting, it costs $125 for the board to meet, and about $50 to run a legal notice of the meeting.
Subdivision variances have been allowed since 1993, when a revised subdivision ordinance went into effect.
"Because there is no fee, some people have applied for variances without good cause" according to a staff report. "Having a fee would make these people think twice before they apply."
Voted to recommend the supervisors schedule a public hearing on Glenn and Linda Nester's request to relocate their Christiansburg gun shop to a barn on their property in Riner.
The Nesters have asked to rezone 2.8 acres in the 6300 block of Riner Road (Virginia 8) near Floyd County from agricultural to general business.
There are no businesses along that section of Riner Road. In a staff analysis of the request, some concern was mentioned that granting the request would set a precedent to encourage other requests for commercial development in the area.
Planner Ray Alcorn suggested the Nesters might be encouraged to ask for community business zoning instead, a more limited use than general business and more appropriate. Community business zoning allows for retail space of 3,000 square feet or less.
LENGTH: Medium: 74 lines Type first letter of feature OR type help for list of commands FIND S-DB DB OPT SS WRD QUIT QUIT Save options? YES NO GROUP YOU'VE SELECTED: QUIT NO login: cby CNB