AGENDA

PLANNING & ZONING REGULAR MEETING

DECEMBER 13, 2010

6:00 PM

Present:

Chair Diane Sheffield

Larry Ganus – Vice Chair

Mari VanLandingham

Ed Allen

David Tranchand

Dr. Tony Arnold

Alonzo McBride

Dr. Gail Bridges-Bright

Frank Rowan

Catherine Robinson

School Board Rep

Absent: Willard Rudd

Staff:

Anthony Matheny, Growth Mgt. Director

Jean Chesser, Deputy Clerk

CALL TO ORDER:

Chair Sheffield called the meeting to order at 6:00 PM with a quorum present and led in the Pledge of Allegiance to the U.S. Flag.

Each member present stated his/her name for the record.

There were no declarations of conflict stated by any of the Commissioners

MR. ALLEN REQUESTED AMENDING AGENDA TO INCLUDE no FU TURE LAND USE MAP CHANGES UN TIL AREA PLANS ARE INVOLVED – ONLY IN T WO AREAS CONCERNED FOR OVERLAY. This will be added to next agenda so it can be properly advertised.

Mr. Allen read into the record a letter from him dated 12/13/10. Letter is attached as record of file.

APPROVAL OF MINUTES: 10/21/10 & 11/17/10

UPON A MOTION BY COMMISSIONER GANUS TO APPROVE NOVEMBER 17 MINUTES AND UPON A SECOND BY COMMISSIONER BRIDGES-BRIGHT, THE BOARD VOTED 11-0 IN FAVOR OF MOTION.

PLANNING DEPARTMENT HAD NOT INCLUDED OCTOBER 21, 2010 MINUTES IN COMMISSIONERS PACKETS SO APPROVAL OF THOSE MINUTES WILL BE TAKEN UP AT NEXT MEETING.

Mr. Allen – comments on not taking public comments on mining issues.

Commissioner Ganus disagreed with Mr. Allen – Mining issue should be tabled and public comment taken at that time.

Mr. Barry Haber briefly addressed the mining issue and public comments not be accepted into record tonight. Addressed commissioners commitment to stay impartial on these issues.

Chair Sheffield would like to hear comments on mining and would like to hear it at the time the mining issue is taken up. Better served to discuss the whole issue at one time.

Commissioner Bridges-Bright agreed to wait as she is not ready to make decision on mining.

PUBLIC HEARING:

Comprehensive Plan Amendments & Transmittal --

Conservation Element explained by Consultant which included changes made at the December 9th meeting. Policy 5.2.7 under Sect ion C remove shall and insert May – Policy 5.2.22 Removed --- 5.61 on page 10, all changes on mining will be dealt with in 2012. Commissioner Ganus questioned 5.2.20 – explained by Consultant.

Commissioner Ganus 5.4.3 name of Fish and Wildlife Conservation Commission

Commissioner Allen Policy 5.6.3 – explanation or clarification on mining issues being started in near future. Commissioner Ganus asked if terminology indicating efforts would begin and show those for a beginning time on mining issues. Could we add BEGINNING IN FIRST QTR OF 2011 and ending no later than the end of 2012? Mr. Ganus – what potential items are planned for first part of 2011? P&Z Dept will still have consultants working on this and it could be taken a little at a time – chip away at it.

Mr. Mathenys comments and response to Commissioner Ganus.

Commissioner Arnold questions to Mr. Matheny as to what Policy 5.6.1 would involve and does this require the Commission give those people the right to be considered. Mr. Matheny’s comments and response to Commissioner Arnold.

Commisisoner Allen agreed with Commissioner Ganus that

MOTION POLICY 5.6.3 BEGIN FIRST SENTENCE TO ADD BEGINNING IN FIRST QTR OF 2011 AND---- ---MADE BY Commissioner Ganus and second by Commissioner VanLandingham –

Board voted 10-0 in favor of motion

Future Land Use Element explained by Consultant Policy 1.1.5 M – Mining (page 11 --- Page 27 Policy 1.15 and Policy 1.15 (2) page 28 Need to change Policy 1.1.22 (-age 13 of FLUE) based on changes/recommendations of Policy 5.6.3 in Conserv Element

MOTION BY COMMISSIONER ARNOLD AND SECOND BY COMMISSIONER TRANCHAND TO APPROVE CHANGES STATED ABOVE, BOARD VOTED 10-0 IN FAVOR OF MOTION.

Questions by Chair Sheffield to Consultant.

PUBLIC COMMENTS:

Mr. Fedd of BASF addressed t he Commission AND EXPRESSED THANKS TO THE COMMISSION FOR THEIR CHANGES ON AMENDMENTS OF 12/9/10 MEETING. HE ALSO ADDRESSED FUTURE CHANGES FOR FURTHER CONSIDERATION BY THE P&Z COMMISSION. Requested the FLUE Map be corrected.

Mr. Kenneth Jones also addressed the Commission concerning many of the notes and concerns of former Commissioner John Yerkes. Mr. Matheny responded.

Commissioner Arnold said committee will be formed to consider mining issues and asked that Mr. Jones stay in touch with Commissioner Tranchand on the Corridor 90 Overlay Plan.

Comments in response to Mr. Jones and Commissioner Arnold.

Kent Safreit addressed Commission requesting map amendment.

Commissioner Allen – questions to Mr. Safreit concerning property of Mr. C.W. Roberts being classified Ag-3 when it was purchased. Mr. Safreit responded to Commissioner Allen.

Mr. Haber additional comments concerning CW Roberts land use amendment.

Clay Vanlandingham, Property Appraiser concerning maps and explained the Property Appraiser’s maps are used for assessment purposes – does not show zoning – does show land uses for purposes of the Dept of REVBENUE. PLEASE DO NOT TAKE WHAT PA HAS ON WEBSITE for CLASSIFIED USE AS ZONING. Response by Consultant (existing land use map)and Commissioner Bridges-Bright expressed gratitude to PA for his explanation and clarification of future land use map.

PROPERTY APPRAISER VANLANDINGHAM ADDRESSED BASF TO WORK WITH THEM TO UPDATE RECORDS .

MOTION TO APPROVE AND MOVE FORWARD WITH CONSERVATION AND FUTURE LAND USE ELEMENT AND REMOVING LANDUSE MAP,BY SCHOOL BOARD REP AND A SECOND BY COMMISSIONER GANUS, sthe board voted 9-2 IN FAVOR OF MOTION --- Commissioners Allen and VanLandingham voted against.

DISCUSSION /EXPLANATION by Mr. Matheny ON Property owner initiated Land Use Amendment Requests – Said he has several requests pending on proposed changes Does P&Z Commission want to waive fees on such issues and ramifications of doing so. P&Z Commission needs to carefully consider.

Commissioner Ganus – comments and response to Mr. Matheny and Chair Sheffield also said it doesn’t seem right that County should have to absorb such costs.

Comments by Mr. Matheny

Mr. Murray Seay addressed the Commission concerning his property on Point Milligan 161 and Hwy 12. Wants his property changed from Commercial to Rural Residential – zoned incorrectly -- 2.76 acres. On FLUM it is zoned commercial. Response by Commissioner Ganus .

Mr. Curtis Richardson also addressed the Commission on same issue.

COMMISSIONER GANUS MOVED TO ANY LANDUSE CHANGES SEEN NEEDS AN APPLICATION AND PROPERLY PRESENTED TO P&Z CAN SEE EVERYTHING INVOLVED – NEEDS TO BE IN LAND USE APPLICATION – STICK WITH P&Z COMMISSION PROCEDURES. NO MOTION ACCEPTED BECAUSE IT WAS NOT ADVERTISED.

BREAK TAKEN AT 7:50 pm. Reconvened 7:55

DISCUSSION: By Mr. Matheny Planning Commission Composition, Attendance & Procedures --

STAFF REPORT: Mr. Matheny closing comments

ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD AT THIS TIME THE MEETING WAS ADJOURNED AT 8:25 PM.