Minutes PC Aug 06

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                                  AUGUST 24, 2006

       The Smyth County Planning Commission met Thursday, August 24, 2006, at 6:00
P.M. in the Smyth County Office Building.

Present: Commissioners: Chairman Dennis Blevins, Archie Atwell, Graham Davidson,
Karl Kalber, Earl McClure, Amy Tuell, and Wayne Venable. Staff: Sally Morgan, Bud
Owens, Shirley Spencer, and Clegg Williams.

Minutes: Mr. Atwell made a motion to approve the minutes of the July 27, 2006 meeting
as distributed. Mr. Venable seconded the motion and it passed.

Citizens’ Time: No one spoke.

New Lots: Mr. Owens, Subdivision Agent, reported that he had approved the following
land divisions under Section 4.3.23, Exception (2) of the Subdivision Ordinance:

        Name             No. of Lots    Total Acreage              Location
Rye Valley Properties       11             133           H. 601 – Teas Rd
Steve Long                    4              13          Hwys. 614/676
Walter Sprinkle               7            131           Shale Bank Rd/Fox Wood Ln

Subdivision Ordinance: Mr. Owens reported that the Board of Supervisors’ Ordinance
Committee met on August 23, 2006, and questioned some of the proposed amendments
to the subdivision ordinance that they wanted the Planning Commission to address again.
Chairman Blevins referred the list to the Planning Commission Ordinance Committee
and asked that the committee give a report to the Planning Commission next month.

Board of Supervisors: Mr. Williams reported that the Board approved rezoning for Mr.
Weaver and a special use permit for Mr. Deel as recommended by the Planning
Commission last month.

Board of Zoning Appeals: Mr. Williams stated that the BZA had continued the Patton
application for a variance to their September meeting and requested more information.

Group Homes: Mr. Williams presented a report from the Ordinance Committee on
group homes. He advised that the committee proposed a change to the zoning ordinance
in order to comply with the state code on group homes. While making this proposal, the
committee also proposed adding several other group type facilities that were not in the
ordinance. Mr. Kalber made a motion to authorize Mr. Williams to advertise for a public
hearing on the proposed changes to the text of the zoning ordinance. Mr. Atwell
seconded the motion and it passed with six members voting yes and Mr. McClure voting
Commission Minutes                      08/24/06                                        2

Burning Ordinance: Chairman Blevins said that the Board had requested the
Commission to study and recommend an ordinance on burning. He decided that because
the Commission was working on several issues at this time, he would continue the matter
of a burning ordinance to a later date.

Appeal: Chairman Blevins announced that Earl McClure had appealed the decision that
the Commission made last month to grant a variance to the Earnhardt project.

Recess: Chairman Blevins recessed the meeting at 6:26 P.M. until the joint public
hearing at 7:00 P.M. (Note: Ms. Tuell left the meeting at this time.)

Joint Public Hearing: At 7:00 P.M. Mr. Charles Clark, Chairman of the Board of
Supervisors, and Chairman Blevins reconvened the Board and Commission for a joint
public hearing. Mr. Ed Whitmore read the notice as published in the Smyth County News
& Messenger on August 12 and 19, 2006. Comments were heard on the following:

       Michael E. Taylor requests an amendment to the zoning map to rezone
       approximately 1.7 acres from Residential to Agricultural/Rural. The land is
       located across from 417 Old Airport Road and is part of Tax Map No. 65-8-7.

         Mr. Williams explained that the Commission approved a subdivision for Mr.
Mike Taylor this past February. Therefore, the land had to be rezoned to Residential as
required by Section 3-2.3(b) of the zoning ordinance for new subdivisions. The Board
approved rezoning three of the lots to Residential and left the parent tract as
Agricultural/Rural at Mr. Taylor’s request. Mr. Taylor wants the zoning changed back to
Agricultural/Rural on the three lots so that single-wide manufactured homes could be set
on the lots. However, Mr. Williams stated that the zoning ordinance had not changed and
still required a subdivision to be zoned Residential. He stated that adjoining property
owners were notified of Mr. Taylor’s new request by first class mail, and that no one had
commented on the case. Upon questioning, Mr. Williams said that as it is currently
written, the zoning ordinance required a subdivision to be rezoned to Residential and it
did not make provision to exempt a subdivision from being rezoned at the request of the

        Mr. Mike Taylor spoke on behalf of his application. He stated that there appeared
to be some controversy at the February meeting as to whether his land division should
have been considered a subdivision so he thought he would bring the matter back to the
Commission and Board for review. He said he hoped that in the interval a decision
would have been reached on whether four lots constituted a subdivision and if it did not,
then he wanted the zoning on his lots changed back to Agricultural/Rural.

The chairmen closed the joint hearing at 7:35 P.M. Chairmen Blevins recessed the
Planning Commission for a few minutes.
Commission Minutes                     08/24/06                                           3

       Chairman Blevins reconvened the Planning Commission at 7:40 P.M. After
discussion including the option of vacating the plat, the Chairman called for a motion.
Mr. McClure moved to recommend to the Board of Supervisors that they or Bud Owens,
the subdivision agent, grant Mike Taylor the authority to vacate his plat and to then
proceed with changing the zoning from Residential to Agricultural/Rural. Mr. Venable
seconded the motion and it passed unanimously.

Meeting adjourned at 8:05 P.M.

                                          Wayne Venable, Secretary

Fighting Yank Fighting Yank
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