Charles Ingram, Vice-Chair O.J. Cole G. C. Morrow. Tim Hill Beth Davis Danette Machen Bill Leary David Rollins Bill Whitley

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1 AT A JOINT MEETING OF THE BOARD OF SUPERVISORS AND PLANNING COMMISSION OF MATHEWS COUNTY, VIRGINIA, HELD IN THE HISTORIC COURTROOM OF MATHEWS THEREOF, ON TUESDAY, AUGUST 15, 2017 AT 7:00 P.M. Board of Supervisors Members Present: Board of Supervisors Members Absent: Planning Commission Members Present: Jack White, Chair Charles Ingram, Vice-Chair O.J. Cole G. C. Morrow Edwina Casey James Robinson, Chairman Tim Hill Beth Davis Danette Machen Bill Leary David Rollins Bill Whitley Also present: Mindy Conner, County Administrator Thomas Jenkins, Director of Planning & Zoning James Knighton, Planner/Wetlands & Mar. Proj. Coord. Liz Whitley, Zoning Technician THE MEETING WAS CALLED TO ORDER BY THE CHAIRMAN OF THE BOARD OF SUPERVISORS, MR. WHITE, FOLLOWED BY THE PLEDGE OF ALLEGIANCE. PLEDGE OF ALLEGIANCE Everyone stood for the Pledge of Allegiance INVOCATION Mr. Ingram provided the invocation. ROLL CALL Mrs. Whitley called the roll and determined that a quorum of both parties was present. 1

2 REVIEW OF PUBLIC HEARING PROCEDURE Mr. White reviewed the procedures for the conduct of public hearings. NEW BUSINESS APPLICATION 1-RZ-17: REQUEST FROM KATHRYN TATTERSON TO REZONE PARCELS 35 (A) 12, 13, AND 17A FROM RURAL (RU) TO BUSINESS-2 (B-2). The hour of 7:00 p.m. having arrived, the time heretofore set for duly advertised joint public hearing conducted by the Mathews County Board of Supervisors and Planning Commission per Section of the Code of Virginia, 1950, as amended, to receive citizen comment regarding a Rezoning Request. Mr. Jenkins presented the request as outlined on the agenda. Mr. Hill asked if the commercial entrance was grandfathered. Mr. Jenkins stated that comments have not yet been received from VDOT and it would depend on the usage. Mr. Sterling Hudgins stated that he had an entranced installed and approved by VDOT for his business across the street and at that time the entrance to the greenhouse was also installed and approved by VDOT. Mr. White asked that all questions be held until the end of staff s presentation. Mr. Jenkins noted that this fits in with what the Mathews County Comprehensive Plan envisions. Mr. Jenkins noted that staff recommends approval of this rezoning. Mr. White called for questions from the Planning Commission to staff. Mr. Hill noted that a parcel in close proximity to this request does some arsenic burning. Mr. Jenkins noted that is not something the Planning Commission takes into consideration on a rezoning. Mr. White called for questions from the Board of Supervisors to staff. Mr. White noted that an adjacent parcel, with a single family dwelling, would be surrounded by B-2 zoning. Mr. Jenkins stated that the owner of that parcel was Mr. Kurfman and he could apply for a rezoning if he wanted to. Mr. White called for the applicant to speak. Applicant, Kathryn Tatterson, stated that she had been paying taxes for commercial property all these years and thought it had been zoned B-2 all along and, therefore, wanted to get it rezoned to get the property zoned what they thought it had been zoned all along. Mr. White called for questions from the Planning Commission to the applicant. There were none. Mr. White called for questions from the Board of Supervisors to the applicant. There were none. 2

3 Mr. White called for speakers in favor of the application who had signed up to speak. There were none. Mr. White called for speakers in favor of the application who had not signed up to speak; but would like to speak in favor of this application. There were none. Mr. White called for speakers in opposition to the application who had signed up to speak. There were none. Mr. White called for speakers in opposition to the application who had not signed up to speak. There were none. Mr. White called for speakers either in favor of, or in opposition to, the application who wanted to make a comment. There were none. Mr. White called for final comments from staff. There were none. There being no additional comments or questions, the public hearing for Case #1-RZ-17 was closed at 7:15 p.m. ADJOURNMENT There being no further business, the joint meeting was adjourned at 7:16 p.m. Mr. Jack White Chair, Board of Supervisors Thomas D. Jenkins Director of Planning & Zoning 3

4 AT A REGULAR MEETING OF THE MATHEWS COUNTY PLANNING COMMISSION, HELD IN THE HISTORIC COURTROOM OF MATHEWS COUNTY THEREOF, ON TUESDAY, AUGUST 15, 2017 FOLLOWING A PUBLIC HEARING CONDUCTED BY THE BOARD OF SUPERVISORS CHAIR, MR. ROBINSON, CALLED THE MEETING TO ORDER. APPROVAL OF MINUTES Minutes of the July 18, 2017 Planning Commission meeting have been duly reviewed. The following corrections were noted: Last page change MCACHEN to MACHEN ; Page 3, last paragraph change Rollin to Rollins. On a motion by Ms. Machen and seconded by Mr. Rollins, the Planning Commission voted 7-0 to approve the minutes, as presented with corrections. The vote was as follows: Ms. Davis aye, Ms. Machen aye; Mr. Leary aye; Mr. Rollins aye; Mr. Whitley - aye Mr. Hill aye; and Mr. Robinson aye. NEW BUSINESS APPLICATION 1-RZ-17: REQUEST FROM KATHRYN TATTERSON TO REZONE PARCELS 35 (A) 12, 13, AND 17A FROM RURAL (RU) TO BUSINESS-2 (B-2). Mr. Robinson called for comments from staff. There were none. On a motion by Ms. Davis and seconded by Mr. Hill, the Planning Commission voted 7-0 to recommend approval of this rezoning, as presented. The vote was as follows: Ms. Davis aye, Ms. Machen aye; Mr. Leary aye; Mr. Rollins aye; Mr. Whitley - aye Mr. Hill aye; and Mr. Robinson aye. OLD BUSINESS APPLICATION 2-CUP-17: REQUEST FROM HARVEY G. & SHERRI D. HAMM FOR A CONDITIONAL USE PERMIT PER SECTION B OF THE MATHEWS COUNTY ZONING ORDINANCE TO ALLOW A TEMPORARY RECEPTION FACILITY. THE PARCEL IS KNOWN AS TAX MAP 25 (A) 74, 131 GREENE RD, MATHEWS, VA THE PROPERTY IS SPLIT-ZONED RESIDENTIAL-1/RURAL (RU). Mr. Jenkins stated that the Board of Supervisors approved a text amendment to allow Temporary Reception Facilities in the Rural Zoning District with a Conditional Use Permit; therefore, the Planning Commission should make a recommendation on Mr. Hamm s request. Mr. Robinson called for a discussion from the Planning Commission. Ms. Machen stated that the neighborhood has a community feel and she has heard a lot of concerns from citizens and she is thinking it is the wrong barn. She believes that adjacent property owners would be affected by noise, light and traffic problems. She 4

5 stated that she has thought long and hard and did not believe this was the right fit for that community. Ms. Machen stated that as a Planning Commission member she needs to look out for citizens and doesn t want to approve this at the expense of the residents that live near there. Mr. Whitley noted that it would have been helpful to have had information in the package about this case as the public hearing was held two months ago. He asked that Mr. Jenkins refresh everyone s memory o this case. Mrs. Whitley noted that she had the staff report and recommended conditions available for the Planning Commission to look at if they were interested. Mr. Jenkins reviewed the case history. Ms. Machen made a motion to deny Case 2-CUP-17. Mr. Hill seconded the motion. Ms. Davis questioned why the Planning Commission would recommend denial when the Board of Supervisors just approved the text amendment. She understood that neighbors had objections; however, those could be addressed in the Conditional Use Permit and she recommended approval. Mr. Rollins asked if all the safety issues regarding the entrance could be fixable. Mr. Jenkins stated that conditions could be placed on this request to address those issues. Mr. Whitley stated that he was in favor of the motion to deny this request and continued to explain. He stated that he has heard a lot about property rights and noted that the adjacent property owners had rights also. They live in a rural neighborhood and had certain expectations when they bought their property they did not expect this to happen and it would change the character of their neighborhood. Mr. Robinson asked if the applicant could resubmit another application to address some of the issues. Mr. Whitley stated it must be substantially different from this application. A discussion was held on what actions the applicant could take at this point. Ms. Machen noted that it was now up to the Board of Supervisors to make a decision. Mr. Robinson called for a vote. Ms. Machen recommended denial of this request and Mr. Hill seconded the motion. The vote was as follows: Ms. Davis nay; Ms. Machen aye; Mr. Leary nay; Mr. Rollins aye; Mr. Whitley aye and Mr. Robinson aye. The rationale being this could have a potential adverse affect on the character of the neighborhood. REVIEW OF BOARD OF SUPERVISORS ACTIONS A. Application 1-CUP-17: Request from Kenneth & Mary Pair for a Conditional Use Permit per Section b (19) of the Mathews County Zoning Ordinance to allow a travel trailer on a temporary basis. The parcel is known as Tax Map 22 (A) 136A, 720 Whites Creek Lane, Diggs, VA The property is in the Residential-1 (R-1) Zoning District. At its meeting on June 20, 2017, the Planning Commission voted 6-0 to recommend the Board of Supervisors approve 1-CUP-17, with conditions presented by staff and change made in red. The motion was made Mr. Mr. Hill and seconded by Ms. Davis. The vote was as follows: Ms. Davis aye; Ms. Machen- aye; Mr. Leary aye; Mr. Hill aye; Mr. Rollins aye and Mr. Robinson aye. Mr. Jenkins stated that the Board of Supervisors approved this request. 5

6 B. Application 1-ZA-17: Request from Harvey G. & Sherri D. Hamm to amend Section of the Mathews County Zoning Ordinance to add Temporary Reception Facility as a Conditional Use Permit in the Rural (RU) Zoning District. Mr. Jenkins reported that the Board of Supervisors tabled this amendment until their July 25 th, 2017 meeting. Mr. Jenkins stated that the Board of Supervisors approved this request. OTHER MATTERS DISCUSSION ON MANUFACTURED HOME TO BE USED AS A STORAGE UNIT Mr. Jenkins stated that he received a request from a property owner to place a manufactured home on a Business-2 parcel to be used as a storage unit. He noted that the use of a manufactured home to be used as a storage unit is not allowed in our Zoning Ordinance. It was suggested that he bring this matter to the Planning Commission for their comments. Mr. Jenkins stated that the applicant could appeal staff s decision to the Board of Zoning Appeals. Everyone agreed that was correct. OTHER MATTERS RATIONALE FOR DENIAL OF CASES Ms. Davis stated that she could not attend the last meeting but listened to the minutes. She noted that the Planning Commission recommended denial of a text amendment; however, did not provide a rationale. She asked that a rationale for denial be provided in the future. OTHER MATTERS EVENT VENUES Ms. Machen stated that she is interested in discussing something Gloucester County is doing regarding event venues. NOTICE OF VARIANCE AND APPEAL There were none. PLANNING DIRECTOR S REPORT There was none. 6

7 UPON A MOTION BY MS. MACHEN AND SECONDED BY MR. HILL, THIS MEETING WAS DECLARED ADJOURNED AT 7:50 PM. James Robinson Chair, Planning Commission Thomas D. Jenkins Director, Planning & Zoning 7