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1 AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING COMMISSION HELD IN THE COUNTY ADMINISTRATIVE OFFICE BUILDING, 150 SOUTH MAIN STREET, LEXINGTON, VIRGINIA JULY 12, 2017 AT 7:00 P.M. PRESENT: JIM MCCOWN, CHAIR; DAVID WINSTON, VICE-CHAIR; MIKE STOLARZ, AND ROBERT LUCAS ABSENT: LEE MCLAUGHLIN, JR. SECRETARY: CHRIS SLAYDON (NOT PRESENT) STAFF: SAM CRICKENBERGER AND BRANDY FLINT COUNTY ATTORNEY: VICKIE HUFFMAN OTHERS: ROBERT CLARK, JAMIE LOWERY, ERIC WALKER, DAWN CLARK, ERIC FIGGATT, YATES SPENCER Mr. McCown called the meeting to order at 7:02 p.m. The second agenda item was the Board and Committee reports. Mr. Crickenberger advised the Commission that the Board of Supervisors approved the amendment to the special exception permit for American Hardwood Industries per their recommendations. The third agenda item was citizen comments. There were no citizen comments. The fourth agenda item was the review of the June 14, 2017 meeting minutes. Upon a motion by Mr. Stolarz, seconded by Mr. Winston, the Commission voted unanimously to approve the minutes as submitted. The fifth agenda item was the public hearing regarding an application to amend the special exception permit for BARC Electric as follows: Notice is hereby given per Section of the Code of Virginia and Section , 04 and 05 of the County of Rockbridge Land Development Regulations that public hearings will be held by the Rockbridge County Planning Commission on Wednesday, July 12, 2017, at or around 7:00 p.m. in the Meeting Room in the County Administrative 1

2 Offices, 150 South Main Street, Lexington, Virginia 24450, followed by public hearings by the Board of Supervisors on Monday, July 24, 2017, at or around 6:00 p.m. at the same location to consider the following application: BARC Electric Cooperative, 1972 Big Spring Drive, Lexington, Virginia, applying to amend an approved special exception permit conditioned on substantial compliance with the site plan in order to locate a temporary lay down yard on a portion of the solar array site in order to store materials needed for the fiber project. Property is in the Agricultural and General Uses District (A- 2) in the Kerrs Creek Magisterial District and further identified as Tax Map 47-A-50. Mr. Crickenberger reviewed the application as submitted. He indicated that BARC is asking to amend their special exception permit to add a temporary laydown yard in the area of the solar array field designated for phase two. The laydown yard would be for BARC s broadband fiber project. Mr. Crickenberger indicated that BARC has received a temporary entrance permit that has been approved for 180 days with the ability to extend up to two years. Mr. McCown opened the public hearing. Mr. Jamie Lowery, BARC representative, indicated that there will be some conx trailers in the area, wire, cables and messenger wire staged in the laydown yard. Mr. Lucas asked if the conx boxes would be on the ground. Mr. Lowery indicated yes. Mr. Stolarz asked about hours of operations. Mr. Lowery indicated that hours of operation would vary based on contractors, but there would not be any night time operations. Mr. Crickenberger advised that staff s recommendation for two years goes with the VDOT entrance permit time. Mr. Stolarz asked if the project would be completed in the two-year time frame. He indicated that he was concerned that BARC will be before the Commission again for another amendment if more time was needed. Mr. Lowery indicated that the plan is to be completed within the two year time frame. Mr. McCown closed the public hearing. Mr. Crickenberger advised that a letter was distributed to the Commission prior to the meeting from Buddy Powers, the owner of Big Spring Farm, indicating his support of the project with the limited time frame. Upon a motion by Mr. Winston, seconded by Mr. Stolarz, the Commission voted unanimously to recommend approval, of the amendment to the special exception permit for BARC Electric to add a temporary laydown yard for a period of two years with substantial compliance with the site plan as presented, to the Board of Supervisors. The sixth agenda item was the public hearing for the special exception permit for a holding yard in I-1 for Robert Clark that was deferred from the June meeting with the following public hearing notice: 2

3 Notice is hereby given per Section of the Code of Virginia and Section , 04 and 05 of the County of Rockbridge Land Development Regulations that public hearings will be held by the Rockbridge County Planning Commission on Wednesday, July 12, 2017, at or around 7:00 p.m. in the Meeting Room in the County Administrative Offices, 150 South Main Street, Lexington, Virginia 24450, followed by public hearings by the Board of Supervisors on Monday, July 24, 2017, at or around 6:00 p.m. in the same location to consider the following application: Robert Clark, 84 Old Buena Vista Road, Lexington Virginia, operating as East Lexington Towing applying for a special exception permit to operate an automobile holding yard in the General Industrial District (I-1) per Section of the Land Development Regulations and Section of the County Code. Property is located along the south side of Old Buena Vista Road adjacent to the Chessie Trail and approximately.18 miles south of its intersection with North Lee Highway in the Kerrs Creek Magisterial District and further identified as Tax Map 61A1-A-46 and 47A. Mr. Crickenberger indicated that the application was deferred from last month. He then reviewed the location of the property, reviewed the zoning of the property, the zoning of the surrounding properties, and the flood zones on the GIS mapping. Mr. Crickenberger advised that the floodway is a no build zone with the exception of some accessory structures, the flood fringe is a build with elevation zone, and the X500 is an unregulated flood zone. He then reviewed the location of the Chessie Trail, which runs along the back end of the property. Mr. Crickenberger noted that prior to Mr. Clark purchasing the property staff advised Mr. Clark that a holding yard in that location would be a use by special exception and not a use that would be recommended for approval by staff, because of the proximity to the flood zone and residential neighbors. He then read the following information, taken from the Land Development Regulations and the goals and strategies from the Comprehensive Plan, that support denying the application: 1. Section 608 of the Regulations, the Purpose of the Flood Hazard District, states that no abandoned vehicles should be permitted to be located within the 100-year flood plain. 2. The Comprehensive Plan states the following goals and objectives a. Protect and preserve the scenic beauty and environmental quality of the County. b. The County should investigate ways to preserve the wild and scenic character of its rivers and streams. c. Areas within the one hundred year floodplain should be designated for agriculture, forestry, recreation and other such uses not requiring permanent structures. d. Promote tourism as a key industry. e. Continue to develop land use regulations that protect and preserve the scenic and historic attractions of the county. f. Support the development of the James River Heritage and Brushy Blue Trails as part of the Braided Trail initiative. g. Encourage development that demonstrates an economic or social benefit to the area. h. Preserve and support the character of existing single-family residential areas through careful zoning district designations. 3

4 i. Continue efforts to complete construction of the Brushy Blue Trail/Chessie Nature Trail connecting the Cities of Lexington with Buena Vista. j. Identify specific measures to aid the County in its ongoing efforts to preserve rivers and streams for the purpose of preserving their natural beauty and environmental attributes, while maximizing recreation potential and conservation opportunities, and locate specific geographic areas where these measures may be applied. Mr. Stolarz asked when the Agricultural Transition (A-T) Zone was added to the area and why the remaining industrial lots did not change. Mr. Crickenberger responded that at the time zoning was implemented those lots were in industrial uses. He advised that it was not uncommon at that time for large parcels of flat land to be zoned industrial. Mr. Crickenberger stated that after several flood events it became clear that those lots zoned industrial along Old Buena Vista Road were not suitable for industrial uses. Mr. McCown opened the public hearing. Mr. Clark stated that he did not set the zoning to industrial and that it has been industrial since the 40s. He indicated that it was industrial when the surrounding residents moved there and they knew there was the potential for industrial businesses in the area. He stated that he is not looking to build anything new and no changes other than painting and fixing up the building and lot will occur. He indicated that Mr. Crickenberger read that abandoned vehicles will be held on site temporarily. He stated that these are not junk cars. These cars are repos, wrecked vehicles and other types of vehicles that the Sheriff s Department and State Police have requested to be picked up. Mr. Clark stated that he feels the VMI property makes his property and the area look bad because of their lack of maintenance. He indicated if his intention was to truly block off the trail then he would have built the fence all the way to the river. His intent was to have a business there and add jobs to the community. He stated that you should be shaking the hands of business owners and property owners that bring jobs in, not giving them a hard time. Mr. Clark informed the Commission that he is a politician, a business owner, and a former police officer so he knows that he will not make everyone happy, but he will do the best that he can to address any issues. He stated he is open to any suggestions that will help bring his business to this location. He indicated that he has letters of support from property owners that live along Old Buena Vista Road. Mr. Eric Walker who is from Roanoke but spends a lot of time in Lexington coaching youth sports stated that he travels the Chessie Trail and he supports Mr. Clark s efforts to bring revenue into the city. He stated that this could build into something more and bring revenue into the community and for the families of this community. He indicated that he cleans the Trail from one end to the other while walking it. Mr. Walker indicated that Mr. Clark s property is now one of the better-looking properties along the Trail. Mr. Eric Figgatt, indicated that he has lived across from the Clark property for years, and it has been cleaned up a lot since Mr. Clark took it over. He stated that it looks great, and he feels Mr. Clark is doing something wonderful in the area. Mrs. Dawn Clark, Buffalo Creek, stated that the person that started all of this tonight is not here tonight. She indicated that person did not approach them to discuss what was going on with the property, he just complained to the County not realizing that part of the Trail was owned by them. Mrs. Clark stated that as the business and property owner they have a right to block the Trail if they want to. She then stated that was not their intention until he pushed against them. 4

5 Mrs. Clark advised the Commission that Mr. Crickenberger suggested that a business such as a restaurant would be a better fit for the area. She indicated her response to that is that she is not in the business of running a restaurant, they are an oil business. She asked the Commission to approve the application so that they can continue to create jobs and bring revenue to the County. Mr. Yates Spencer, property adjoiner, indicated that he felt this was not an appropriate zone for the area and that it needs to be rezoned. He advised that he is not totally opposed to him having a business there, but would like the Commission to consider rezoning from industrial uses. Mr. Dwayne Hall spoke on behalf of his mother who owns property across the road. He indicated that her property is about 200 feet from Mr. Clark s on the adjacent side. He acknowledged that there is controversy over the current zoning and the Commission needs to look at everything moving forward because of the impact to the property owners across the road. Mr. Hall stated that lighting and the wreckers coming in and out is already an issue. He agreed that the area was booming prior to the Flood of 85. Since that time there has been a gradual decline of industrial uses in the area and that has improved the area greatly. Mr. Hall stated that a holding yard for vehicle recovery is not conducive to the area. It is not a use by right but a use by special expectation. Mr. Hall indicated that he would be okay if a Jiffy Lube opened at that location because that is a permitted use. He stated that Mr. Walker is right some of the other properties in the area do not look as good as Mr. Clark s including Mr. Faulkner s property further down the road. He hopes that those issues will be addressed now that attention has been brought to the area. He stated that he feels no ill will towards Mr. Clark, but he made improvements to the property for a holding yard prior to approval. Mr. Hall indicated that Mr. Clark shut off the section of the Chessie Trail behind his property just to say that he can, and he fears he will do it again if he is not approved. Mr. Hall indicated that he spoke with several neighbors who complained about the lighting that was installed. He then respectfully asked the Commission not to approve the special use because that will be a foot print moving in the opposite direction of where we are going for in this area. This change of use will allow illumination in the area that could cause issues for neighbors, especially his mother who lives alone. He stated on two different occasions people have pulled over near her house and walked up the road towards Mr. Clark s property which makes his mother nervous. Mr. Clark responded that a business moving in has not caused crime to go up. He has installed lights that have prevented that. He stated that Mr. Crickenberger thinks that a restaurant would be a good fit there but that would cause crime to rise because of drinking and driving plus an increase in traffic. He indicated he is in the tire business as well, and tires are a permitted use in the area and that is an option he will look at. He stated that the cars will be temporary which is a better fit than tire storage. He stated that what Mr. Hall said does not make any sense. Mr. Figgatt stated the illumination does light up the area and he likes it because he can see if anyone is moving around. He indicated that people walk up and down the Chessie Trail at all hours of the night and the lighting needs to be there. He stated Mr. Clark s wrecker truck would be better than the livestock trucks that go up and down the road using their jake brakes at all hours of the day and night. He asked that all the issues in that area be addressed. Mrs. Clark asked if her own vehicles could be stored on the property. Mr. Crickenberger responded that she could. Mrs. Clark asked if she bought a bunch of cars, and got them permitted could she store them there. 5

6 Mr. Crickenberger indicated that she could but that this discussion was not about hypothetical uses of the property. He stated this discussion is about the use of the property as a holding yard. With no further comments, Mr. McCown closed the public hearing. Mr. Lucas stated that he has heard from both Mr. and Mrs. Clark that we will close the Chessie Trail if the application is not approved. He then asked if that was the intent. Mr. Clark responded that was not his intention, but if he cannot use his property as he wants to, then no one else should be able to use his property either. Mr. Lucas asked about the installation of lighting and signage that was not approved before installation. He voiced his concerns about decreases in property value due to the increase in lighting and the applicants use of the property as a storage yard before approval. He indicated that the fencing does not comply with the holding yard fencing requirements and substantial screenage would have to be put in place to screen the neighbors. Mr. Lucas advised Mr. Clark that he has to comply with what regulations are in place when you opening a business. He then asked Mr. Crickenberger to review the flood zone information again. Mr. Crickenberger complied. He reiterated that historically this was an industrial location but since then it has become clear that it is not conducive to industrial uses. Mr. Stolarz stated that the Commission looks at the facts, weighs what is good and what is bad about an application with respect to the Community as a whole and the applicant. He advised that the Commission does not look at County revenue sources. The Commission looks at land use. Mr. Stolarz addressed Mr. Clark directly and told him that he runs an outstanding business that he is a customer of. He stated that the Commission makes a recommendation to the Board of Supervisors and the Board of Supervisors can modify or accept their recommendations. He stated there are plenty of other uses for the property that are permitted. Mr. Stolarz commented that the Chessie Trail is not a part of this discussion and needs to be taken off the table. He indicated the biggest issue is that the cart was put before the horse and now a difficult decision has to be made. Mr. Lucas agreed with Mr. Stolarz and stated that it is unfortunate this property is in an industrial zone. He thanked Mr. Clark for his efforts cleaning up and improving the property but advised that the proposed business is not a good fit in a flood zone. Mr. Lucas also stated that he did not appreciate the arrogance of going ahead with operating the business without approval. Mr. Winston commended Mr. Clark as a businessman and for creating jobs, but the property is not in a lotion for this type of business. He stated that the Commission looks at holding yards with strict eyes because the cars do tend to stay there for long periods of time. Mr. Winston indicated that from a planning standpoint if this business is what Mr. Clark wants to do then another property needs to be purchased. Mr. Winston repeated what Mr. Stolarz said about the Commission s task of weighing the benefits of the individual against the benefits to the community. He stated that waste oil picks up elements that can be dangerous to the river long term. Elements that will be dangerous to those downstream especially women and children that consume the river water. He reiterated that this is the wrong place. Mr. Clark responded that fertilizer can be stored on that property and then asked if that is what the Commission would prefer. Mr. Winston responded that no he did not want to see that either. He reiterated the fact that the zoning does not fit the area from a planning standpoint and we need to move forward with fixing that and protecting the river. 6

7 With no further discussion, upon a motion by Mr. Lucas, seconded by Mr. Winston, the Commission voted unanimously to recommend denial of the application for the special exception permit for Mr. Clark to have an auto holding yard on his property located on Old Buena Vista Road, to the Board of Supervisors, based on the fact that the property is in the floodplain of the Maury River, the devaluation of surrounding properties, and the application not being in alignment with the County s Comprehensive Plan. Mr. Crickenberger provided an update that staff was still working on the proposed amendments discussed last month. He also advised that Mr. McCown s term on Planning Commission will expire this month. He indicated that Mr. McCown has decided to step down from the Commission; therefore, this was his last meeting. He then thanked Mr. McCown for his time with the Planning Commission. Mr. Winston asked that staff plan a luncheon to celebrate and thank Mr. McCown for his time served. Mr. Crickenberger responded that he would make those plans. Mr. Stolarz asked that staff contact property owners on Old Buena Vista Road and start the process of rezoning the entire area to a more appropriate zone. Mr. Crickenberger stated that he felt Trail related spinoff businesses would work well in that area. Mr. Winston asked how many of the current businesses require industrial zoning. Mr. Crickenberger indicated that Mr. Faulkner would need a special exception permit if rezoned to business, but the other business would be permitted. He then stated that he advised VMI to obtain right-of-ways from the property owners along Old Buena Vista Road years ago and for whatever reason that did not happen. With no further business to discuss, upon a motion by Mr. Lucas, seconded by Mr. Winston the Commission voted unanimously to adjourn. Respectfully Submitted, Sam Crickenberger 7