Chairman England called the January 9, 2014 regular meeting of the Planning Commission to order at 7:00 P.M.

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1 AT A MEETING OF THE MIDDLESEX COUNTY PLANNING COMMISSION HELD ON THURSDAY, JANUARY 9, 2014 IN THE BOARDROOM OF THE HISTORIC COURTHOUSE, SALUDA, VIRGINIA: Present: Absent: J. D. Davis, Chairman, Harmony Village District John England, Vice Chairman, Saluda District Theresa Anderson, Secretary, Harmony Village District Melvin Beverley, Jamaica District Garrison Hart, Jamaica District Marilyn South, Hartfield District Alvin Wake, Hartfield District Gordon Jones, Saluda District Bob Walker, Pinetop District Beth Hurd, Board of Supervisors Buck Boyd, Pinetop District Wally Horton, Planning Director Cathy Shiflett, Secretary CALL TO ORDER Chairman England called the January 9, 2014 regular meeting of the Planning Commission to order at 7:00 P.M. ELECTION OF OFFICERS Commissioner South nominated Commissioner Davis for Chairman, seconded by Commissioner Hart. An opportunity was given for further nominations from the floor. There were no additional nominations from the floor. The motion passed by unanimous vote. Commissioner Hart nominated Commissioner England for Vice chairman, seconded by Commissioner Walker. An opportunity was given for further nominations from the floor. There were no additional nominations from the floor. The motion passed by unanimous vote. Commissioner Hart nominated Commissioner Anderson for Secretary, seconded by Commissioner Beverley. 1

2 An opportunity was given for further nominations from the floor. There were no additional nominations from the floor. The motion passed by unanimous vote. Establishment of Meeting Time & Date The Planning Commission made unanimous vote to meet monthly on the second Thursday of the month at 7:00 p.m., in the Boardroom of the Historic Courthouse, Saluda, Virginia. APPROVAL OF MINUTES On a motion by Commissioner Beverley, seconded by Commissioner England, and carried by unanimous vote, the minutes of the December 12, 2013 meeting were approved. PUBLIC HEARING A. Special Exception # Request for the approval of a Special Exception to locate a sawmill/planning mill on an individual parcel of land in the Low Density Rural (LDR) Zoning District in accord with Sections and 7-4 of the Middlesex County Zoning Ordinance. The property for which the Special Exception is being sought consists of acres and identified as Tax Map # The property is located on Locklies Creek Road in Topping, Virginia in the Harmony Village Magisterial District. Chairman Davis introduced the application. Mr. Horton presented the staff report recommending approval of Special Exception # with the following conditions: 1) the use shall meet all applicable zoning or building code requirements, 2) approval of a Minor Site Plan shall be obtained before the issuance of any zoning and/or building permits, 3) as part of the Minor Site Plan, the Applicant will demonstrate that there will be less than 2,500 square feet of new buildings and/or structures, 4) Health Department approval of an acceptable system shall be obtained prior to Minor Site Plan approval, 5) Virginia Department of Transportation (VDOT) approval of the proposed entrance for the business and residential use shall be obtained prior to Minor Site Plan approval. Any required reconfiguration involving roads or the entrance shall require an amendment of this Special Exception, 6) Landscaping sufficient to meet the requirements of Article 17B, as determined by the Zoning Administrator, shall be installed. Such landscaping shall be depicted on the Minor Site Plan prior to approval of that plan, and 7) the Applicant shall demonstrate that all runoff will be contained on the property. Chairman Davis opened the public hearing. Ms. Dorothy MacDonald, Locklies Creek Road resident, expressed noise and traffic concerns and was opposed to the project. 2

3 Mr. John Revere, Locklies Creek Road resident, stated that the applicant had not spoken with him about the proposed project and he was not in favor of the project at the proposed location. Mr. James Kennon, Locklies Creek Road resident, spoke against the project as it was not a good fit for the residential area. Mr. John Dracos, Locklies Creek Road resident, had questions related to the proposed business operations. Mrs. Joyce Miller, Locklies Creek Road resident, expressed concerns related to future expansion of the business on the parcel. Mr. Robert Miller, Locklies Creek Road resident, asked if the Special Exception would go with the property if it were sold in the future. Mr. Horton responded that an approved Special Exception is intended to go with the property for future use. Mr. David Lee, applicant, apologized for not talking with Mr. Revere prior to the hearing. He explained that the firewood would be sold off site delivery only with no retail sales. Additionally, in response to concerns stated at the previous hearing, he had relocated the proposed site on the property and moved the entrance in order to minimize traffic. Mr. Lee stated that he did not intend to operate an actual sawmill, and would create minimal impact to the neighbors as possible. He further noted that firewood was stacked on the property to dry out. In response to a question from Commissioner South, Mr. Lee stated his intent to place a pole shed less than 2500 sf on the property to place wood in to dry. Commissioner Hart had concerns with stormwater runoff treatment. Mr. Lee stated that he would work with staff and create a berm if necessary. Ms. Chris Ingram, Economic Development and Tourism Coordinator for Middlesex County, commented that in a recent conversation with Department of Forestry staff, it was noted that firewood sales was a niche market. With there being no further comment from the public, Chairman Davis closed the public hearing. Commissioner Beverley commented that having known Mr. Lee for several years, an having seen how immaculate Mr. Lee s bed and breakfast operation is, he felt sure the property would be kept in good order. Additionally, Commissioner Beverley stated that having observed the log splitting apparatus in operation, it was not as loud as a lawn mower. 3

4 4 PLANNING COMMISSION Commissioner Hart commented that the idea was good, but the location was wrong. He expressed concern that no one listened to the neighbor s opinions and that the applicant may not get Health Department or VDOT approval. Commissioner Anderson agreed with Commissioner Hart and noted disappointment that Mr. Lee had not met with Mr. Revere. She appreciated Mr. Lee s desire to develop a new business, but without the necessary approvals, she was undecided and would listen to fellow Commissioners comments. Commissioner Jones commented that with a Special Exception, the Commission can attach restrictions, and with those in place, the applicant could proceed with additional approvals. At this point, the Commission could place restrictions, limits of use and hours, add privacy fencing, etc., which would protect everyone. Following Special Exception approval, the applicant would be required to address the conditions on a Site Plan for final approval. Commissioner Wake spoke in favor of the project, noting that a Special Exception could address the concerns that had been stated. He further commented that a log splitter would not make much noise. Commissioner Walker commented that the request did not seem to be a big deal, and would bring employment. He further noted that things change over time, and staff had reviewed the request and made good recommendations. Commissioner South commented that she was bothered by pockets of commercial use within the Low Density Rural zoning areas, as well as a pole shed with open sides and fences that may or may not stand over time. Commissioner South favored a red horse barn enclosed style of building. Commissioner England agreed with Commissioner Jones a Special Exception could place conditions on a project. He stated that this request was workable and suggested several conditions that could be placed on the request. Mr. Jack Miller, Board of Supervisors, reminded the Commission that there is a glide slope associated with the Hummel Field Airport and any structures placed on the property should meet aviation guidelines. Chairman Davis stated that he was disappointed that Mr. Lee had missed speaking with a couple of the neighbors prior to the hearing. He further recommended additional conditions, such as no on-site sales, limited to firewood operations and limited operational hours. On a motion by Commissioner England, seconded by Commissioner Walker, and carried by a 6-3 vote, with Commissioners Hart, South, and Anderson opposed, Special Exception # was recommended for approval with the following conditions: 1) the use shall meet all applicable zoning or building code requirements, 2) approval of a Minor Site Plan shall be obtained before the issuance of any zoning and/or building permits, 3) as part of the Minor Site Plan, the Applicant will demonstrate that there will be less than 2,500 square feet of new buildings and/or structures, 4) Health Department approval of an acceptable system shall be obtained prior to Minor Site Plan approval, 5) Virginia Department of Transportation

5 (VDOT) approval of the proposed entrance for the business and residential use shall be obtained prior to Minor Site Plan approval. Any required reconfiguration involving roads or the entrance shall require an amendment of this Special Exception, 6) Landscaping sufficient to meet the requirements of Article 17B, as determined by the Zoning Administrator, shall be installed. Such landscaping shall be depicted on the Minor Site Plan prior to approval of that plan, 7) the Applicant shall demonstrate that all runoff will be contained on the property, (as recommended by staff), and the following additional conditions: 8) obtain approval from the airport authorities, 9) indicate Firewood Processing Only, 10) hours shall be limited to Monday Saturday, 8:00 a.m. 5:00 p.m., 11) no retail sales on premises, and 12) include wooden stockade type fencing with additional interior landscape vegetation. B Capital Improvements Plan (CIP) The Middlesex County Capital Improvements Plan is strictly advisory. The Plan is intended for use as a capital facilities planning document, and is not a request for funding allocations of a County capital budget. The CIP is intended as a planning tool to assist the Board of Supervisors in the development of the County budget. Chairman Davis introduced the Capital Improvements Plan (CIP). Mr. Horton presented the staff report recommending approval of the Capital Improvements Plan. Chairman Davis opened the public hearing. With there being no comment from the public, Chairman Davis closed the public hearing. On a motion by Commissioner England, seconded by Commissioner Hart, and carried by unanimous vote, the Capital Improvements Plan (CIP) was recommended for approval. OLD BUSINESS NEW BUSINESS PLANNING DIRECTOR S REPORT Mr. Horton commented that the Board of Supervisor s actions were as stated on the Agenda, and additionally stated there was one (1) new case scheduled for the Board of Zoning Appeals in January COMMITTEE REPORTS Commissioner Davis stated that the Ordinance Review Committee would meet this month. 5

6 ADJOURNMENT With there being no further business, a motion to adjourn was made by Commissioner England, seconded by Commissioner Hart and carried by unanimous vote. The meeting adjourned at 8:50 p.m. Respectfully submitted, Theresa Anderson, Secretary Date 6