Aug 05, 2021 Planning Commission Meeting 8-5-21

THERE'S AN AGRICULTURALLY.

MS. BARKER MEMBERS, COMMISSIONER TOM CALL MY PRINCIPAL PLANNER AS MS. PARKER SAID, THIS IS A RENEWAL OF A, EXCUSE ME, OPERATION OF THE PROPERTY IS LOCATED IN THE FAR WESTERN PART OF THE COUNTY OF THE SUBJECT PROPERTY AND THE SURROUNDING PROPERTIES.

UM, THE SUBJECT PROPERTY, THE SURROUNDING PROPERTIES ARE RECOMMENDED FOR ROLE ENHANCEMENT AREA AND THE CONFERENCE OF PLAN.

I'M LOOKING AT THERE.

A PHOTO YOU CAN SEE THAT, UH, THERE IS LARGELY EITHER UNDEVELOPED OR LOW INTENSITY, UH, LOW INTENSELY DEVELOPED.

UM, THERE'S A HISTORY OF MINING ACTIVITY IN THE AREA.

UH, HISTORICALLY, UH, THE SHANNON HILL ROAD AREA WAS MINE FOR GOLD AND SILVER, UH, BETWEEN 1835 AND 1839.

UM, CLOSER TO THIS SITE, THERE WAS A COMPARABLE CVP PROOF IN 2019 APPROVED FOR THE OLD MOSS MINE SITE.

UM, AND THAT MINING ACTIVITY HAS NOT BEGUN IN FULL OPERATION YET, AS FAR AS THE PROPOSED MINING ACTIVITY, UH, THIS APPLICATION WOULD REWORK OLD WORKINGS THAT WERE SPREAD ON THE GROUND FROM PREVIOUS MINING ACTIVITIES TO REMOVE GOLD AND TO CLEAN THE WORKINGS OF CONTAMINATION, WHICH WOULD MOSTLY BE MERCURY, UH, PORTRAYAL OF CENTRIFUGES AND ROCK CRUSHING WOULD BE UTILIZED TO SEPARATE THE GOLD.

THESE ACTIVITIES WOULD NOT CREATE NEW PITS OR SHAFTS.

UM, THE RECLAMATION PROCESS IS TYPICALLY COMPLETED ONE SMALL AREA AT A TIME OF THERE, NO ACIDS OR BLASTING USE.

THE ACTIVITIES ARE REGULATED BY THE VIRGINIA DEPARTMENT OF MINES, MINERALS AND ENERGY AND REMOVAL OF MERCURY IS MONITORED BY THAT AGENCY.

UH, THERE IS A REQUIREMENT THAT A MINING ACTIVITIES BE AT LEAST 1000 FEET FROM THE CLOSEST DWELLING.

UH, JUST, UH, LOOKING AT THIS MAP, UH, THE CLOSEST WALLING IS APPROXIMATELY 2,500 SQUARE, UH, 2,500 FEET AWAY.

I DID ASTERIK THERE, THAT'S THE, UH, THE MINING, UH, CP APPLICATION MINING THERE WAS APPROVED ON THE JASON PROPERTY.

THAT'S JUST HAS THE MOSS MINE SITE ASTERISKED.

THERE WAS A COMMUNITY MEETING IN JUNE.

UH, MR. COMMISSIONER, JOHN MYERS WAS THERE AND 14 CITIZENS WERE PRESENT.

UM, THERE WERE QUESTIONS ABOUT THE PROCESS, UM, HOW IT WOULD BE IMPLEMENTED, THE DEPTH OF ANY EXCAVATING, UH, THE HANDLING OF STORMWATER RUNOFF AND THE RETENTION POND.

UH, NO ONE EXPRESSED OPPOSITION TO THE PROPOSED APPLICATION.

THERE ARE A NUMBER OF CONDITIONS.

UM, THERE RECOMMENDED WITH THIS APPLICATIONS AND THESE ARE, UH, SUBSTANTIALLY SIMILAR TO THE CONDITIONS THAT WERE APPROVED FOR THE, UH, THE MINING ACTIVITY ON THE ADJACENT PROPERTY.

UM, THE FIRST ONE WOULD, UH, ALLOW THE MINING ACTIVITY, UH, TO TAKE PLACE ON THE PROPERTY.

UM, THE SECOND ONE WOULD, UH, REQUIRE THEM TO GET A PHD BEFORE THEY UNDERTAKE ANY MINING ACTIVITY.

UH, THE THIRD ONE WOULD REQUIRE THEM TO ADHERE TO STATE AND FEDERAL REGULATIONS.

AND THERE ARE A NUMBER OF THOSE THAT I'LL GO THROUGH ONE AT A TIME.

THE FIRST ONE WOULD PROHIBIT ANY OFFSITE MATERIALS FROM BEING BROUGHT TO THE SITE.

UH, THE SECOND ONE WOULD PROHIBIT ANY TOXIC CHEMICALS OR HAZARDOUS SUBSTANCES.

UH, THE THIRD ONE WOULD PROHIBIT ANY TRASH OR DEBRIS FROM ACCUMULATING ON THE SITE.

UH, THE FOURTH ONE WOULD REQUIRE THEM TO CLEARLY MARK THE BOUNDARY.

IF THERE ARE ANY ACTIVITIES WITHIN A HUNDRED FEET OF THE PROPERTY LINE, WE DON'T ANTICIPATE THAT WOULD HAPPEN, BUT IF IT DID, THEY WOULD HAVE TO ADHERE TO THIS, UM, CONDITION, UH, THE, THE ACCESS ROAD, UH, THEY WOULD HAVE TO GET THEIR ACCESS, UH, APPROVED, WENT TO THE PUBLIC ROAD, APPROVED BY AND THEIR INTERNAL ACCESS WOULD HAVE TO BE APPROVED BY KITCHEN, FIRE RESCUE AND DEPARTMENT COMMITTEE DEVELOPMENT.

UM,

[00:05:01]

THE F UH, THE DRAINAGE WAYS, UH, ISN'T POOR CONSIDERATION, THE, THE DME, THE DME WOULD BE MONITORING THE DRAINS WAYS, UM, TO ENSURE THAT THEY'RE NOT CONTAMINATING, UM, OR, OR TRANSFERRING INTO THEIR, UM, UH, SPOILS OFFSITE THAT THE, AS FAR AS THE TOP STORED AND DRAINAGE, THIS BASICALLY SAYS IF THEY, UH, HAVE ANY STOCKPILES OF TOPSOIL AND WORKINGS, THAT THOSE WOULD HAVE TO BE, UH, MANAGED APPROPRIATELY, UM, AND, AND NOT ALLOW TO, AGAIN, UM, CONTAMINATE ANY OFFSITE, UM, UM, PROPERTY AS FAR AS SCREENING, UM, THE, UH, THERE'S A NUMBER OF WAYS THEY COULD SCREEN THE PROPERTY.

WE WOULD ANTICIPATE THAT DUE TO THIS BEING CENTRALLY LOCATED AND THERE BEING A LOT OF, UM, SURROUNDING MATURE TREE STANDS THAT THE, UH, THAT THAT WOULD PROVIDE THE PURPOSE SCREENING FOR THIS USE.

UH, I, ONCE THEY CEASE OPERATIONS, THEY WOULD HAVE TO, UH, CLOSE ANY ROADS OR ANY, UM, UH, ANYTHING RELATED TO THE MINING OPERATION UP ON THEIR COMPLETION OF THEIR OPERATION.

UM, J IS THE REQUIREMENT TO SUBMIT A GROUNDWATER PROTECTION PLAN, UH, FOR, UH, THAT WOULD REQUIRE ANY PERMITS THEY GET FROM DME.

THEN THEY JUST SUBMIT THOSE TO THE COUNTY.

UM, THE FIFTH ONE, THAT'S THE SETBACK I SHOWED YOU EARLIER.

THEY'RE REQUIRED TO HAVE A 1000 FOOT SETBACK FROM THE CLOSEST DWELLING.

UM, THE SIX, THEY ARE REQUIRED TO MARK THEIR PROPERTY BOUNDARY, UM, SEVENTH WITH PROHIBIT ANY BLASTING ON THE SITE.

UH, NUMBER EIGHT WOULD LIMIT THEIR HOURS OF OPERATION FROM SEVEN TO SEVEN, MONDAY THROUGH SATURDAY WITH NO ACTIVITIES ON SUNDAY.

UM, THIS WOULD BE A RECOMMENDATION FOR FIVE-YEAR APPROVAL IF IT'S APPROVED.

AND THEN THE LAST ONE IS OUR STANDARD CONDITION RELATING TO THE TRANSFER OF LEASE OF THE PROPERTY.

AND THAT COMPLETES MY PRESENTATION.

YOU HAPPY TO ANSWER ANY QUESTION? IT IS SIMILAR TO WHAT WE APPROVED IN 2019, CORRECT? YES.

WOULD THE APPLICANT LIKE TO COME FORWARD? GOOD EVENING.

GOOD EVENING.

YOU HAVE ANYTHING TO SAY? UH, NO, IT'S, IT'S THE SAME OPERATION AS AT THE MOTH, UH, VERY SIMILAR.

ALL THE SEPARATIONS IS GOING TO BE ABOUT PHYSICAL MEANS NOT CHEMICAL MEANS NO, NO CHEMICALS THAT WOULD DEFEAT THE WHOLE PURPOSE OF REMOVING THE MERCURY.

IF I HAD A MORE CHEMICALS, WOULD YOU MEAN I WOULD EXPECT YOU ALL TO LAUGH AT ME FOR ASKING FOR IT? WOULD YOU MIND STATING YOUR NAME AND ADDRESS PLEASE? OH, I'M SORRY.

PAUL BUSH.

51 34 CARTERSVILLE ROAD.

JUST OUT OF CURIOSITY, UH, HOW, HOW MUCH, UH, SO ALL, DO YOU HELP THE PROCESS BEFORE YOU GET, SAY AN ANSWER OR JUST OTHERS? UH, IT DEPENDS ON THE, ON THE AREA.

UM, ON THE MOSS I GET ABOUT, I SHOULD GET ABOUT AN OUNCE EVERY FOUR TIMES.

UH, ALL DEPENDS ON WHAT THE OLD TIMERS LEFT THERE.

AND WHAT'S STILL THERE.

YOU DON'T KNOW THAT UNTIL YOU START GOING FULL BORE, UNFORTUNATELY, BUT THE IMPORTANT THING IS TO GET ALL THE, ALL THE MERCURY APP.

AND THANKS FOR WILBUR.

GIVE MY WIFE PERMISSION TO HUNT MUSHROOMS OVER THERE, OR THERE'S PLENTY.

OKAY, DUSTIN, FOR NO OTHER QUESTION.

WE NOW OPEN UP FOR, FOR SO COMMENT, PERIOD.

UH, ANYONE WISHING TO SPEAK, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS, AND YOU HAVE THREE MINUTES SEEING NO ONE WILL CLOSE THE CITIZEN COMMENTS, PERIOD.

ANY QUESTIONS? WE HAVE A MOTION.

I MOVE RECOMMENDED THIS FOR.

OKAY, COOL.

IT'S BEEN MOTIONED AND PROPERLY SECONDED ALL IN FAVOR.

PERMIT OR AN UNPOSTED SHORT-TERM RENTAL ON 2.15 ACRES AT 8 49 BROAD STREET ROAD ON TAX MAP.

ALL THE POSTS.

YEAH, I JUST HAVE IT.

OUR NEXT ITEM IS IN DISTRICT FOUR, C U 20 21 0 0 0 0 5 APPLICATION BY KIMBERLY SCENE KNUCKLES REQUESTING A CONDITIONAL USE

[2. District 4 - CU-2021-00005 - Application by Kimberly C. Nuckols requesting a]

NUMBER 46 1 0 25 0.

THE PROPERTY IS ZONED AGRICULTURAL LIMITED A TO THE CONDITIONAL USE PERMIT IS REQUIRED BY PEACHLAND COUNTY ZONING ORDINANCE, SECTION 15, 1 12 IN ACCORDANCE WITH SECTION 15, 2 85 G THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT.

THANK YOU, MS. PARKER, UM, MR. CHAIRMAN MEMBERS OF THE COMMISSION, I'M JAMIE SHERRY DIRECTOR OF COMMUNITY DEVELOPMENT.

UM,

[00:10:01]

THE APPLICATION BEFORE YOU IS A REQUEST FOR A CONDITIONAL USE PERMIT FOR A SHORT TERM RENTAL ON HOSTED, UH, THE LOCATION OF THE PROPERTY IS IN THE, UM, NORTHEASTERN PORTION OF THE PROPERTY ON BROAD STREET ROAD.

THE PROPERTY IS ZONED A TWO AS IS THE SURROUNDING PROPERTIES.

UH, THE PROPERTY IS DESIGNATED RURAL ENHANCEMENT AREA, UM, BY THE COMPREHENSIVE PLAN ACROSS THE STREET WHERE YOU SEE IT AS SEMI-PUBLIC, THAT IS, UM, UH, GRACE, CHINESE BAPTIST CHURCH.

UM, SO HERE'S THE AERIAL, AS YOU CAN SEE, AS I MENTIONED THE CHURCHES ACROSS THE STREET, AND THERE ARE SOME OTHER, UH, RESIDENCES THAT ARE SIMILAR, THE LOTS ARE SIMILAR IN SIZE.

SO THE APPLICANT, UM, IS PROPOSING TO, UM, HAVE A SHORT-TERM RENTAL.

THE PROPERTY ITSELF HAS BEEN, UM, RENTED AS A LONG-TERM LEASE.

AND THIS IS SOMETHING THAT THE, UM, PROPERTY OWNER WOULD LIKE TO DO.

UH, THEY DO NOT LIVE IN THE PROPERTY, WHICH IS WHAT ON THE PROPERTY, WHICH IS WHY IT IS ON HOSTED.

THEY DO LIVE IN A PROPERTY ADJACENT SHORT TERM RENTAL ON HOSTED IS DEFINED AS A DWELLING WHERE A PORTION OF THE ENTIRE DWELLING IS USED FOR SLEEPING LODGING OR TRANSIT, OR FOR TRANSIENT RENTERS, UH, WHICH IS RENTED FOR LESS THAN 30 DAYS IN EXCHANGE FOR A CHARGE, UM, AND RE UH, RENTERS WILL BE RESPONSIBLE FOR THEIR OWN MEALS.

AND THAT SORT OF WHAT DISTINGUISHES IT FROM LIKE A, A BED AND BREAKFAST.

UH, THE PROPERTY CONSISTS OF APPROXIMATELY 1000 SQUARE FEET, UM, OF A DWELLING AND A 200 SQUARE FOOT SHED.

UM, THE APPLICANT HAS INDICATED THERE WOULD BE NO MORE THAN, UH, FOR, UH, UH, GUEST, UH, WHICH IS CONSISTENT WITH BOTH THE BUILDING CODE AND THE HEALTH DEPARTMENT REQUIREMENTS.

UM, HERE IS A PICTURE OF, UM, THE DWELLING JUST PRIOR TO THE MEETING.

UM, I DID SPEAK WITH THE APPLICANT AND, UM, HAS INDICATED THIS IS AN OLDER PICTURE.

UM, THEY HAD SUBMITTED, UH, A MORE UPDATED PICTURE, UH, BUT, UH, I TOLD HER I WOULD GET THAT STRAIGHT BEFORE IT GOES BEFORE THE BOARD.

UH, THERE WAS A COMMUNITY MEETING, HEY, HELD ON MAY 12TH BOARD MEMBER, MR. SPOONFLOWER PLANNING COMMISSIONER, MR. PATHAK AND TWO NEIGHBORS WERE IN ATTENDANCE.

UH, THE APPLICANT EXPLAINED, UM, WHAT THEY WERE PROPOSING AND THERE WERE NO ISSUES OR CONCERNS MENTIONED AT THE MEETING AND STAFF HAS HEARD, UM, HAVE HAD NO COMMENT, UH, SINCE THE APPLICATION WAS FILED.

UH, IF THE COMMISSION DOES RECOMMEND APPROVAL, THESE ARE THE CONDITIONS.

UM, UH, WE HAVE IN THE PACKET.

NUMBER ONE IS THE USE TO ALLOW FOR SHORT TERM RENTAL.

UM, NUMBER TWO MAXIMUM OVERNIGHT GUESTS, AS I HAD MENTIONED IS FOR, UM, THE APPLICANT WOULD BE REQUIRED TO, UM, HAVE AT LEAST ONE WORKING CARBON MONOXIDE AND SMOKE DETECTOR, UM, ON THE PROPERTY, UM, ACCESS, UM, EMERGENCY ACCESS, UM, IS REQUIRED TO MAKE SURE THAT VEHICLES, UH, WOULD BE ABLE TO, UM, ACCESS THE PROPERTY IN CASE OF EMERGENCY, UM, AMPLIFIED SOUND, INCLUDING SPEECH MUSIC AND OTHER NOISES IS PROHIBITED OUTDOORS.

UH, THERE SHALL BE NO OUTDOOR MUSIC AFTER 10:00 PM.

UH, NO TRESPASSING, UH, IN ORDER TO, UH, IN ORDER TO NOTIFY GUESTS OF THE PROPERTIES, BOUNDARIES, NO PRESS TRESPASSING SIGN SHALL BE POSTED AND MAINTAIN ALONG THE BOUNDARIES, UH, TO ADJACENT PROPERTIES.

UH, THE RESIDENTIAL APPEARANCE SHALL REMAIN JUST THAT RESIDENTIAL, UM, HUNTING AND FIREARMS, UH, UH, GUEST SHALL NOT BE HUNTING OR USING THE DISCHARGING FIREARMS ON THE PROPERTY.

AS I MENTIONED, THESE ARE STANDARD CONDITIONS, UM, FOR OTHER PLACES, UH, NOTICE, UM, NUMBER NINE, ALL GUESTS MUST BE INFORMED IN WRITING THE FOLLOWING CONDITIONS THAT NO MORE PEOPLE MAY STAY OVERNIGHT AMPLIFIED MUSIC OUTDOORS, UH, NO, NO AMPLIFIED MUSIC OUTDOORS, NO MUSIC AFTER 10:00 PM OUTDOORS, UM, TO OBSERVE THE NO TRESPASSING SIGN AND THE NO HUNTING AND DISCHARGING, UM, REQUIREMENTS, UH, THIS CUP WILL EXPIRE ON THE LAST DAY OF 2026.

SO IT IS A FIVE-YEAR UM, UH, BEFORE THEY WILL BE DUE FOR A RENEWAL.

AND LASTLY IS OUR STANDARD, UM, TRANSFER A LEASE, UH, CONDITION THAT CONCLUDES MY PRESENTATION.

I'D BE HAPPY TO ANSWER ANY QUESTIONS, THE APPLICANTS, ANY QUESTIONS? I HAVE NO QUESTIONS WHERE YOU SAY 30 DAYS.

THAT MEANS AFTER 30 DAYS, I COULD HAVE TO MOVE OUT AND A NEW GROUP COMING.

THERE, THERE WOULD BE A REQUIREMENT THAT THEY COULD NOT STAY THERE FOR MORE THAN THAT.

30 DAYS, 30 CONSECUTIVE DAYS CONSECUTIVE.

YES, SIR.

SO THEY COULD LEAVE THEM COME BACK, YOU KNOW, A WEEK LATER IF IT WAS SOMETHING DIFFERENT.

ANY OTHER QUESTIONS? NOPE.

COME FORWARD? I DON'T REALLY HAVE ANYTHING EXTRA TO ADD.

WOULD THE APPLICANT LIKE TO

[00:15:01]

I JUST WANTED TO KIND OF SEE IF YOU HAD ANY QUESTIONS FOR ME.

YOUR NAME AND ADDRESS.

YEAH, I GET IT.

KIMBERLY KNUCKLES.

SABOT VIRGINIA, 2, 3, 103.

A 1 7 8 0 ELMWOOD DRIVE MANNEQUIN.

YOU LIVE NEXT DOOR TO IT? UH, MORE BEHIND IT.

LIKE I CAN LOOK OUT MY FRONT WINDOW AND SEE THE HOUSE.

ANY QUESTIONS? NO, THANK YOU.

MR. CHAIRMAN SEEMS PRETTY STRAIGHTFORWARD REQUEST.

ANY OTHER DISCUSSION? WE HAVE A MOTION.

NO PUBLIC HEARING.

OH, PUBLIC HEARING.

I'M SORRY.

I'M GETTING AHEAD OF MYSELF HERE.

UH, WE OPENED THE FLOOR FOR A PUBLIC HEARING.

ANYONE WISHING TO SPEAK, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS.

AND YOU'LL HAVE THREE MINUTES.

SHE MAN, WE WERE CLOSE TO PUBLIC.

SORRY.

I'D MAKE A MOTION TO APPROVE AFTER THAT.

WE HAVE BEEN MOTIONED AND PROPERLY SECONDED ALL IN FAVOR.

ALL OPPOSED I SAY.

A APPLICATION BY ALLEN MYERS, VIRGINIA, INC.

OUR NEXT ITEM IS IN DISTRICT FOUR R Z 19 96, 0 0 0 0 6.

[3. District 4 - RZ-1996-00006A - Application by Allan Myers VA, Inc. requesting a]

REQUESTING A PROPER AMENDMENT TO REZONING CASE R Z 19 96 0 0 0 0 6.

TO ALLOW CHANGES TO THE BUFFER AND ACCORDANCE WITH AN APPROVED CONDITIONAL USE PERMIT AND CONCEPTUAL PLAN ON 20.276 ACRES AT 2 1 8 7 ASHLAND ROAD ON TAX VAT NUMBERS 48 1 0 48, 0 AND 48 1 0 48, B ONE.

THE PROPERTY IS ZONED INDUSTRIAL GENERAL, M TWO, THE COMPREHENSIVE PLAN DESIGNATES THIS AS INDUSTRIAL IT'S JERRY, UH, TOM CORN, PRINCIPAL PLANNER.

UM, THE NEXT TWO APPLICATIONS ARE COMPANION APPLICATIONS.

I DO HAVE TWO SHORT PRESENTATIONS JUST TO TRY TO BE LESS CONFUSING, BUT IT MAY BE HELPFUL TO THE COMMISSION TO WAIT UNTIL I COMPLETE BOTH MY PRESENTATIONS FOR THE OPEN, THE HIP PUBLIC HEARING AND TAKE THE VOTE ON EACH OF THEM INDIVIDUALLY.

SO I'LL DEFER TO THE CHAIR.

I'M ALL FOR THAT.

OF THE REDEVELOPMENT OF THE SITE, THAT WOULD INCLUDE A COMBINATION OF RELOCATING CAUSE THIS FIL FACILITIES AND CONSTRUCTING SOME NEW FACILITIES.

UM, THE FIRST APPLICATION, UM, WELL, FIRST OF ALL, ALLAN MYERS CURRENTLY OPERATES ASPHALT PLAN ON ASTROS AND THEY'RE PROPOSING TO RELOCATE A PORTION OF THEIR OPERATION ONTO AN ADJACENT PARCEL.

AND WITH THAT, UM, THE, THE, THE, THE PARCELS WOULD TO, TO COMPLETE THIS, UH, MOVING OF OPERATION, IT WOULD REQUIRE, UH, AMENDING A PROFFER THAT WAS, UH, OR THEY REQUESTED TO AMEND A PROFFER THAT WAS APPROVED IN 1996.

AND THEY'RE ALSO REQUESTING TO AMEND AMANDA CUP, THOSE APPROVED IN 2013.

SO INDICATED EARLIER IT'S TWO SEPARATE APPLICATIONS OF TWO SEPARATE PRESENTATIONS.

BOTH PRESENTATIONS ARE VERY SIMILAR AND VERY SHORT.

AND WITH THAT, I WILL START MOVING INTO THE REZONING APPLICATION AS MS. PARKER SAID, OR THIS IS A PROFFER AMENDMENT TO REDUCE A BUFFER.

THE SUBJECT PROPERTY IS LOCATED IN THE NORTH EASTERN PORTION OF THE COUNTY.

UH, THE SUBJECT PROPERTY, UM, IS ZONED TWO AND A LOT OF THE PROPERTIES IS TO THE SOUTH.

SO GENERALLY TO THE EAST AND WEST ARE ALSO ZONED INDUSTRIALLY, UH, PROPERTIES TO THE NORTH AND PARTIALLY TO THE EAST, HAVE AN AGRICULTURAL ZONING AND LOOKING AT THE CONCEPT CONFERENCE OF PLAN, THE, THERE IS THE SUBJECT PROPERTY AND THE SURROUNDING PROPERTIES ARE RECOMMENDED FOR INDUSTRIAL THAT CORRESPONDS TO THE EXISTING, INTO ZONING THAT WE SAW IN THE EARLIER MAP.

UM, A LOT OF THE, THE PROPERTIES TO THE NORTH AND AGAIN, PARTIALLY TO THE EAST RECOMMENDED FOR FLEXIBLE.

AND THAT REALLY REFLECTS OR CORRESPONDS WITH AGRICULTURAL ZONING THAT YOU SAW ON THE PREVIOUS MAP.

UM, LOOKING AT THE ERA PHOTO, UM, UH, YOU SEE THAT THE SUBJECT PROPERTY, UM, PROPERTIES, UM, THEY HAVE SORT OF A STOCKPILE ON THE SORT OF THE SOUTHERN PIECE THAT'S, THAT'S CURRENTLY PART OF THEIR OPERATION.

THERE ARE SOME BUILDINGS ON THE NORTHERN PIECE, THOSE BUILDINGS WOULD BE REMOVED, UM, IF THEY WOULD GET APPROVAL AND RELOCATE THEIR OPERATIONS.

SO, AS I MENTIONED EARLIER, IN ADDITION TO THIS PROFFER AMENDMENT, THERE'S A, A, UH, CPA AMENDMENT THAT WE'LL LOOK AT IN A MOMENT.

UH, THEY CURRENTLY OPERATE AN ASPHALT PLANT ON TWO SEPARATE PARCELS.

UH, THEY OWN ONE OF THE PROPERTIES AND THEY LEASE THE OTHER PROPERTY.

UH, THEY RECENTLY ACQUIRED AN ADJACENT PROPERTY AND WOULD LIKE TO RELOCATE ALL OF THEIR OPERATIONS ON TO OWNER OCCUPIED PROPERTY.

UM, UPON THE COMPLETION OF THIS PROCESS, THEY WOULD NO LONGER UTILIZE THE LEASED PROPERTY.

UM, THE, WITH THE DEVELOPMENT

[00:20:01]

UM, AND I MENTIONED EARLIER THAT YOU'VE RECENTLY ACQUIRED PROPERTY, HAS SEVERAL BUILDINGS THAT WOULD BE DEMOLISHED FOR THEM TO UNDERTAKE THEIR OPERATIONS.

NOW, SPECIFICALLY WITH THIS REZONING OR THIS PROFFER AMENDMENT APPLICATION, UH, THEY ARE PROPOSING, UH, TO DELETE A 50 FOOT BUFFER.

THAT WAS ONE, THE CONCEPTUAL PLAN THAT WAS APPROVED IN 1986 WITH THE DELETION OF THAT 50 FOOT PROFFER, THAT IT WOULD THE, THE, THE, IT WOULD FALL BACK TO THE 30 FOOT BUFFER, WHICH IS WHAT WAS REQUIRED BY THE ZONING ORDINANCE.

THIS IS THE EXHIBIT THAT WAS INCLUDED IN THE ORIGINAL APPLICATION.

AND YOU SEE THAT 50 FOOT BUFFER, UM, THAT, UM, UH, THERE WAS RECORD THAT WAS REQUIRED ALONG THE EASTERN AND NORTHERN BOUNDARY.

UM, IF THIS IS APPROVED, THAT WOULD BE, UM, THERE WOULD STILL BE A 30 FOOT BUFFER REQUIRED, WHICH IS REQUIRED BY THE MTU DISTRICT.

AND, UH, THIS IS, UH, UH, THE MASTER PLAN THAT THERE'LL BE, YOU'LL SEE LATER WITH A PERMIT.

UM, AGAIN, A POINT OUT WHERE THE 30 FOOT BUFFER WOULD BE PRIOR TO AROUND THE PERIMETER OF THE SITE.

UH, I DID WANT TO POINT OUT THAT THEY DO HAVE A BNP AREA.

UM, THE, THE BM PERIOD WOULD HAVE TO BE OUTSIDE THE BUFFER BECAUSE IT WOULD ABUT THE BUFFER.

IT WOULD ESSENTIALLY PROVIDE A LARGER SETBACK.

SO WHILE THERE STILL BE A 30 FOOT BUFFER, ANY OPERATIONS OR BUILDINGS WOULD BE FURTHER AWAY THAN 30 FEET BECAUSE THE, THE, THE STORM WATER, UH, AREAS THEY'VE SHOWN THEY'RE AN ACCEPTABLE PLAN WOULD PROVIDE AN ADDITIONAL DISTANCE, UM, ALONG THAT, UM, PROPERTY LINE.

AND THESE ARE THE PROFFERS THAT THEY, UM, SUBMITTED ESSENTIALLY THE FIRST ONE WOULD THAT, UM, BASICALLY WOULD DELETE THE, UM, EXCEPTIONAL PLAN I SHOWED YOU EARLIER, THEY APPROVED IN 1996, AND IT WOULD REPLACE IT WITH THE ONE THAT'S PROPOSED WITH THE CONDITIONS PERMIT.

UM, AND THE SECOND ONE IS ONE THEY ADDED TO CORRECT SOME ACREAGE THAT, UH, WAS MENTIONED IN THERE IN 19, OR WAS INCLUDED IN THE 1996 APPLICATION.

AND THAT COMPLETES MY PRESENTATION ON THIS TO HAVE ANY QUESTIONS ON THE PROFFER AMENDMENT APPLICATION.

THE, UH, ADDITIONAL ITEM THAT CORRESPONDS WITH THIS IS IN DISTRICT FOUR, CU 2013 APPLICATION BY ALLAN MYERS, VIRGINIA, INC, REQUESTING AMENDMENT TO CONDITIONAL USE PERMIT CU 20 13 0 0 0 0 4 FOR ASPHALT MIXING PLANT TO INCREASE THE PERMIT ACTIVITY AREA TO INCLUDE THE ADJACENT PARCEL AND TO REMOVE THE 30 FOOT BUFFER BETWEEN THE TWO PARCELS ON 20.276 ACRES AT 2187 ASHLAND ROAD ON TAX MAP NUMBERS 48 1 0 48, 0 AND 48 1 0 48, B ONE.

THE PROPERTY IS ZONED INDUSTRIAL GENERAL.

THE CONDITIONAL USE PERMIT IS REQUIRED BY GOOCHLAND COUNTY ZONING ORDINANCE, SECTION 15, 2 72, THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS INDUSTRIAL.

THEY CAN SPARK, AS YOU MENTIONED, THIS IS A PROPOSED AMENDMENT TO A CUP THAT WAS PROVEN 2013 APPROVAL OF THIS CUP WOULD ACCOMPLISH TWO THINGS.

UM, PREVIOUSLY ONLY A PART OF THE PARCEL OR PART ONE PARCEL WAS INCLUDED.

THIS WOULD NOW IN CLARA CUPS, THE NEW PARCEL, AND TO ADD THEIR OPERATES TO THE PARCEL.

THERE WAS ALSO A BUFFER THAT NOW WOULD BE INTERNAL THEIR SITE.

UM, AND SO REMOVING THIS BUFFER WOULD REMOVE A REQUIREMENTS, UM, COUPLE OF MORE CLEARLY, AND A MAP I'LL SHOW YOU IN A MINUTE.

AND AGAIN, THIS ISN'T THE NORTH EASTERN PART OF THE COUNTY.

AGAIN, SUBJECT PROPERTIES ON AGRICULTURE.

IT SHOULDN'T BE INDUSTRIAL AND THERE ARE SOME ADJACENT AGRICULTURAL PROPERTIES.

UM, THERE IS RECOMMENDED FOR INDUSTRIAL AND FLEXIBLE USE.

LOOK AT THE ERA PHOTO AGAIN, AND AGAIN, THE SUMMARY HERE AGAIN, UM, I'LL GO AHEAD AND SKIP OVER THIS SLIDE JUST BECAUSE THIS IS A SUMMARY OF WHAT THEY'RE PROPOSING AND SORT OF GET TO WHAT THE, AGAIN, REPEAT WITH THE SPECIFICS OF THIS APPLICATION ARE, UM, THIS WOULD ALLOW THE ASPHALT PLANT OPERATIONS TO EXPAND ONTO THEIR NEWLY ACQUIRED PARCEL.

AND IT WOULD ALSO REMOVE A 30 FOOT LANDSCAPE BUFFER THAT WAS ACQUIRED IN 2013 WAS ONE OF THE, UM, CONCEPTUAL PLANS THAT WAS APPROVED IN 2013, WHICH SHOWS THE 30 FOOT BUFFER.

THIS IS WHAT SHOWED IN THEIR EXCEPTIONAL PLAN AND SORT OF LOOKING AT THEIR OVERALL SITE.

WHAT USED TO BE AN EXTERNAL 30 FOOT BUFFER WOULD NOW BE AN INTERNAL 30 FOOT BUFFER TO THE OPERATIONS.

SO THEY ARE REQUESTING THAT THAT BE REMOVED.

AND

[00:25:01]

AS WE CAN DO THE CP CONDITIONS, WE'RE ESSENTIALLY REPLACING OR SUBSTITUTING THE CONDITIONS THAT WERE APPROVED IN 2013 WITH A PROPOSAL FOR SOME NEW CONDITIONS.

UM, THE FIRST ONE WOULD ALLOW THE ASPHALT MIXING PLANT TO TAKE PLACE ON THE PROPERTIES.

UH, THE SECOND WOULD REQUIRE THEM TO ADHERE TO THE ACCEPTABLE PLAN THEY SUBMITTED WITH THEIR APPLICATION OF THE THIRD ONE WOULD REQUIRE THEM TO, UH, HAVE A POT PER POD APPROVED PRIOR TO UNDERTAKING THEIR ACTIVITIES.

UH, THEY WOULD BE REQUIRED TO SUBMIT A LANDSCAPE PLAN.

UH, THEY WOULD ALSO BE REQUIRED TO SUBMIT A LIGHTING PLAN IF THEY STALL ANY NEW, EXTERNAL LIGHTING.

UM, THIS WOULD REQUIRE ANY ENTRANCE NEW ENTRANCE ONTO THE ROADWAY TO MEET VIET REQUIREMENTS.

AND ALSO THEY WOULD HAVE TO, IF THEY HAVE INTERNAL ROADWAY, THEIR INTERNAL ROADWAY WOULD NEED TO BE APPROVED BY THE, UH, THE COUNTY AGENCIES, UH, FOR, AND IT HAD TO BE AT LEAST 20 FEET WIDE.

AND WE'D BE REVIEWING IT FOR DEPTH ABOUT 200 FEET FROM THE ROAD.

RIGHT.

UM, AS I MENTIONED EARLIER, THE, UM, THE ORDINANCE WOULD REQUIRE THEM TO HAVE A 30 FOOT BUFFER.

UM, WHAT WE'RE RECOMMENDING WITH SEVEN IS SORT OF, UH, UH, ADDING SOME DETAILS TO THAT, UM, SORT OF REQUIRING SOME PLANTINGS WITHIN THAT BUFFER, UH, NUMBER EIGHT WOULD REPAIR, BUT ANY TOXIC CHEMICALS OR PERHAPS HAZARDOUS SUBSTANCES BEING STORED ON THE PROPERTY.

UM, AND THE LAST ONE IS I WAS SORT OF STANDARD TRANSFER AND LEASE, UM, AS IT RELATES TO THE SALE OF THIS PROPERTY, IF IT WERE SOLD, THAT CONCLUDES OUR PRESENTATION ON THIS, THERE ARE TWO APPLICATIONS.

SO AS WE PROCEED, WE WOULD HAVE TO HAVE TWO SEPARATE PUBLIC HEARINGS AND TWO SEPARATE VOTES FROM THE COMMITTEE.

ONE SECOND, STAY AWAY.

WE'RE GOING TO REMOVE AN INTERNAL BUFFER.

IS THAT LAW A PROPERTY LINE THAT THEY'RE GOING TO VACATE? OH, UM, YEAH, ABSOLUTELY.

THEY DO INTEND TO VACATE THE PROPERTY AND, UM, THAT BUFFER REQUIREMENT WOULD STILL BE THERE IF THE IS NOT APPROVED BECAUSE THE CP, THE, THE BUFFER WAS A REQUIREMENT OF THE CUP APPROVAL.

SO EVEN IF THEY CAME TO PROPERTY LINE TO SEE YOU PRE-APPROVAL WAS STILL ADHERE, IF THEY WERE TO MAKE IT TO LOTS AGAIN, THAT WOULD, THEN THEY WOULD HAVE TO HAVE GO BACK TO THE 30 FOOT WITH THE, WITH THE APPROVAL OF THE CUP.

UM, WE WOULD NOT REQUIRE THAT INTERNAL BUFFER ANYMORE, RIGHT.

IF THE 30 FOOT BUFFER THAT WAS INCLUDED IN THIS CONDITION WAS TO SUPPLEMENT THE EXTERNAL.

RIGHT.

BUT IF IT BECAME EXTERNAL AGAIN, SO THAT THEY HAD, ARE WE, SO IF THEY'RE TAKING TWO LOTS AND MAKING IT ONE, CORRECT, THERE WAS A BUFFER IN THE MIDDLE.

IF IT GOES BACK TO BEING TWO LOTS AGAIN, IS THAT THEY WOULD KNOW NOT IF THIS IS APPROVED.

ANY OTHER QUESTIONS? IS HE AN AFRICAN TO HAVE A PRESENTATION? GOOD EVENING, MR. CHAIRMAN MEMBERS OF THE COMMISSION FOR THE RECORD.

MY NAME IS TOM KLEIN.

I'M A PARTNER WITH THE FIRM TROUTMAN PEPPER HERE IN VIRGINIA.

UM, I'M ALSO ACCOMPANIED BY MR. CURTIS HALL.

WHO'S A VICE-PRESIDENT FOR ASPHALT OPERATIONS WITH ALLAN MYERS.

UH, I THINK FIRST OF ALL, I WANT TO SAY THAT WE'VE WORKED VERY CLOSELY WITH YOUR STAFF OVER THE COURSE OF THE LAST FEW MONTHS IN IRONING OUT THIS APPLICATION.

WE ALSO DID HAVE A COMMUNITY MEETING THAT WAS ATTENDED BY TWO OF THE SUPERVISORS, MR. SPOON HAUER AND MR. SHARP, WHICH WE HAD AN OPPORTUNITY TO EXPLAIN THE APPLICATION TO THEM AS WELL.

AND TO ANSWER ANY QUESTIONS IN MANY WAYS, THIS COMBINATION OF APPLICATIONS, IT DOES SEEM A BIT COMPLICATED, BUT IT'S REALLY JUST KIND OF A CLEANUP SITUATION BECAUSE YOU ALREADY HAVE A ASPHALT OPERATION THAT'S OPERATED BY ALAN MYERS COMPANY ON A LEASE PARCEL WITHIN THE LAST COUPLE OF YEARS, THEY'VE ACQUIRED THIS PARCEL.

THAT'S ADJACENT TO THAT SITE.

SO WHEN IT WENT THROUGH THE ZONING AND WENT THROUGH THE USE PERMIT PROCESS BEFORE THERE WERE TWO DIFFERENT PARCELS.

SO YOU HAD BUFFERS ASSOCIATED WITH THEM AND YOU HAD THESE OLD SITE PLANS.

AND SO WHAT WE'RE REALLY TRYING TO DO WITH RESPECT TO THE ZONING IS CLEAN UP THE ZONING TO MAKE SURE THAT THE CONCEPTUAL PLAN REFERENCED TO THE 1996 PROFFERS REFERENCES, WHAT YOU WOULD APPROVE AS PART OF THIS USE PERMIT.

SO THAT'S KIND OF THE CLEANUP.

AND SIR, YES.

TO YOUR QUESTION, THERE IS AN INTERNAL HOTLINE AND ONE OF THE NOTATIONS ON OUR APPROVAL IS THAT WE WOULD VACATE THAT INTERNAL LOT LINE.

AND IN FACT, THAT PLATT IS PENDING WITH THE STAFF RIGHT NOW FOR APPROVAL AND RECREATION.

SO THAT WILL ALL HAPPEN AND IT WILL BE OPERATED AS ONE CONSOLIDATED SITE.

ONE COMMENT I WOULD ALSO ADD IS MR. COLEMAN HAD MENTIONED THAT THE LEASE PARCEL THAT WE HAVE, UM, ALLAN MYERS WOULD NOT BE OPERATING ON THAT WE WOULD NOT BE OPERATING THE ASPHALT FACILITY BECAUSE IT WOULD BE MOVED ON TO THIS NEW, BUT, AND THIS IS PROBABLY AN INCORRECT SOMETHING THAT I DIDN'T FULLY ELABORATE WITH HIM.

I THINK ALAN MYERS IS STILL GOING TO HOLD ON TO THAT LEASE, HOLD THERE FOR STORAGE AND SOME OF THE EQUIPMENT AND THAT TYPE OF THING,

[00:30:01]

BUT ON BALANCE, THIS IS REALLY JUST A COMBO.

ONE IS TO CLEAN UP THE OLD PROFFERS AND ALSO CLEAN UP AN ACREAGE AIR THAT WAS IN THOSE PROFITS FROM 1996.

AND THEN SECONDLY, TO HAVE YOU ALL REVIEW A USE PERMIT THAT APPLIES TO THE NEW RELOCATED ASPHALT FACILITY SUBJECT TO ALL THE NEW CONDITIONS THAT WE'VE IRONED OUT WITH THE STAFF.

AND AGAIN, THERE WERE NO CONCERNS EXPRESSED AT THE COMMUNITY MEETING WE HAD.

AND ALSO I WOULD SAY WE HAVE ABSOLUTELY NO OBJECTION TO ANY OF THE CONDITIONS THAT THE STAFF HAS ASKED US TO ADHERE TO.

UM, WITH THAT WE DO HAVE A PRESENTATION, BUT WE DON'T WANT TO BELABOR YOUR EVENING.

IF YOU DON'T, MR. HALL CAN GO THROUGH QUITE QUICKLY AND JUST KIND OF GIVE YOU AN OVERVIEW OF WHAT THEY'RE DOING AND WHAT KIND OF MOTIVATED THEM TO REDEVELOP THIS SITE.

SURE.

UH, AGAIN, CURTIS HALL, VICE PRESIDENT GENERAL MANAGER OF ASPHALT, UH, ABOUT HALF OF WHAT I PUT TOGETHER WAS ALREADY COVERED BY STAFF.

I'M NOT ALWAYS USED TO THE, THE COUNTY STAFF BEING SO THOROUGH, SO THIS WILL GO GO FAIRLY QUICKLY.

OVER THE YEARS, BUT, UH, THERE WILL BE A GOOD BIT OF, OF MODERNIZATION IN, IN THIS MOVE.

UM, SO NOT EVERYONE IS FAMILIAR WITH, UH, ALLAN MYERS.

SO I DO LIKE TO COVER A LITTLE BIT ABOUT WHO WE ARE.

I WON'T READ THIS VERBATIM, BUT, UM, JUST SUMMARIZE THIS, UH, WE ARE THE LARGEST HEAVY CIVIL CONTRACTOR IN THE MID ATLANTIC.

UM, WE DO ROADS BRIDGES, WATER TREATMENT, PLANTS, SEWER TREATMENT PLANTS, PRETTY MUCH EVERYTHING BUT VERTICAL CONSTRUCTION BUILDINGS.

UH, WE HAVE EIGHT OFFICES, 21 ASPHALT PLANTS AND FIVE QUARRIES IN THE MID ATLANTIC.

UM, THE COMPANY IS A FAMILY BUSINESS.

WE'RE IN THE FOURTH GENERATION OF THAT FAMILY BUSINESS A LITTLE OVER 80 YEARS.

UM, WE, WE PRIDE OURSELVES.

IN FACT, IT'S PART OF OUR, OUR MISSION THAT, UH, BEING A COMMUNITY PARTNER, WE HAVE A LONGSTANDING HISTORY OF, OF, UH, SUPPORTING THE COMMUNITIES THAT WE LIVE AND WORK IN.

UM, WE TAKE GREAT PRIDE IN OUR EQUIPMENT.

IF YOU SEE OUR EQUIPMENT AND PICKUPS AND TRUCKS ON THE ROAD, THEY GENERALLY ARE, ARE PRETTY, UH, BLACK AND SHINY AND NEAT.

IN FACT, WE'VE EQUIPPED THEM WITH, UH, UH, GPS TECHNOLOGY THAT GENERATES A DRIVER REPORT, WEEKLY MONITORING SPEED, HEARTBREAKING, THOSE KINDS OF THINGS.

AND ALL OF OUR DRIVERS, EVEN IN OUR LIGHT FLEET PICKUPS GET A DRIVER RANKING EVERY WEEK.

AND WE BELIEVE THAT, UH, YOU KNOW, UH, IT'S MADE A BIG DIFFERENCE IN OUR SAFETY, UH, RECORD, AND I THINK IT MAKES US A BETTER, UH, COMMUNITY PARTNER.

UH, AND ONE THING THAT WE ARE VERY PROUD OF IS OUR, OUR TENURE.

UM, OUR AVERAGE TENURE OF OUR EMPLOYEES IS 12 YEARS WHERE IN THE CONSTRUCTION INDUSTRY, THE INDUSTRY AVERAGE IS TWO.

AND I THINK PART OF THE REASON FOR THAT IS FROM THE CEO ON, DOWN THROUGH THE HOURLY RANKS, EVERYONE HAS THE SAME BENEFITS PACKAGE.

THERE'S NO DIFFERENTIATION BETWEEN SALARY AND CRAFT EMPLOYEES OR ANYTHING LIKE THAT.

UH, THE, THE PROJECT DESCRIPTION HAS PRETTY WELL BEEN COVERED.

SO, UH, UH, LIKE I SAID, I'M NOT ALWAYS USED TO THAT, BUT, UH, I THINK EVERYONE'S COVERED THAT PRETTY WELL.

SO I WON'T BELABOR THAT POINT AGAIN, UH, SITE LOCATION IT'S BEEN COVERED.

I WILL POINT OUT ON THIS TO THE EAST.

YOU CAN SEE A VULCAN'S QUARRY TO THE SOUTH.

YOU CAN SEE LUX QUARRY.

THAT'S ONE OF THE REASONS WE PICKED THIS LOCATION.

UM, YOU KNOW, IT'S, UH, CLOSE TO LOCAL AGGREGATE SOURCES, WHICH IS, UH, YOU KNOW, MINIMIZE TRAFFIC AND TRANSPORTATION COST AND SO FORTH.

THIS SHOWS, UH, WHERE WE CURRENTLY OPERATE, WHERE WE'RE PROPOSING TO MOVE.

THE GIST OF THAT IS, YOU KNOW, WE, WE, UH, WITH AN 80 YEAR HISTORY, WE'RE HERE FOR THE LONG HAUL AND JUST HAVING THESE TYPE OF OPERATIONS ON LEASED SITES.

WHEN WE BID JOBS THAT MANY TIMES GO FOR 2, 3, 4 YEARS, IT MAKES IT DIFFICULT TO BE ON A LEASE SITE THAT MIGHT EXPIRE IN TWO YEARS WHEN YOU'RE DOING A JOB THAT LASTS FOR THREE YEARS.

SO OUR BONDING COMPANIES AND OTHER OUTSIDE PARTNERS DON'T REALLY LIKE THAT.

SO THAT'S WHAT WE'RE LOOKING TO CHANGE.

UM, ZONING HAS BEEN COVERED.

UH, THIS IS JUST A BROADER VIEW OF, UH, UH, THE COMPREHENSIVE PLAN AND IT'S GOOD.

IT SHOWS US RIGHT UP IN THAT NORTHEAST QUADRANT IN THE PURPLE INDUSTRIAL ZONING, UH, AGAIN, THE EXISTING FACILITY AND, UH, THE, UH, ZOOMED IN LAYOUT OF THE, UH, THE PROPOSED WHERE YOU ARE CLEANING UP THE LAYOUT OF THE PLANT.

THE EXISTING FACILITY HAS EXISTED SINCE 1978.

IT'S BEEN ADDED TO AND MODIFIED

[00:35:01]

SOME COMPONENTS WILL BE MOVED AND OTHER, UH, SOME OF THE COMPONENTS WOULD BE REPLACED OF SAME CAPACITY, BUT MUCH NEWER TECHNOLOGY.

SO, UH, Y HERE IT'S M TWO ZONING, UM, JASON TO OUR EXISTING FACILITY, CONSISTENT WITH THE COMPREHENSIVE PLAN.

UM, WE STAY IN THE COUNTY WHERE MANY OF OUR EMPLOYEES, UH, UH, LIVE AND, AND IT'S, UH, A MARKET AREA.

WE WANT TO BE IN WITH LOCAL, LOCALLY AVAILABLE AGGREGATE SOURCES.

THIS IS JUST A, A TYPICAL, MOST RECENT FACILITIES THAT WE'VE BUILT.

AND THIS IS WHAT OUR CONTROL HOUSE.

THIS IS WHERE THE OPERATOR OPERATES THE ASPHALT PLANT FROM.

AND THIS IS WHAT OUR LABORATORY FACILITY, WHICH IS ALSO SHOWN ON THAT SITE PLAN, UH, WOULD LOOK LIKE, UH, AS I SAID, WE, THIS FACILITY SUPPORTS, UH, 50 SALARY AND CRAFT EMPLOYEES, EXAMPLES OF THAT LISTED.

AND, UM, WE, WE ALSO PRIDE OURSELVES ON PROMOTING FROM WITHIN ALL OF OUR POSITIONS.

80% OF OUR POSITIONS ARE FILLED FROM WITHIN.

SO, UH, UH, WE HAVE THE STEPPING UP INITIATIVE TO PROVIDE THAT CAREER GROWTH FOR OUR EMPLOYEES.

AND I THINK THAT'S IT HAPPY TO FIELD ANY QUESTIONS? WELL, YOU STILL HAVE AN INTERNAL EX OR STANDARD WITHOUT HAVING TO GET ONTO THE HIGHWAY.

WELL, ONE OF THE REASONS WE'RE GOING TO MAINTAIN THE LEASE SITE IS WE HAVE A SHOP FACILITY THERE THAT'S EIGHT BAYS THAT THAT IS OURS, AND IT'S ON THAT LEASE FACILITY.

SO OBVIOUSLY THAT'S QUITE AN INVESTMENT IN THAT LEASE FACILITY.

SO OUR INTENT IS TO MAINTAIN THE LEASED FACILITY, BUT WE WOULD ALSO MAINTAIN THAT ACCESS THAT OFF-ROAD ACCESS FOR THE AGGREGATE STOCKING OPERATIONS, PRETTY BIG THING, RIGHT, FOR THAT, IT IS ALL OF OUR MATERIALS ARE STILL, STILL GO ACROSS THEIR SCALE.

SO IT'S NOT LIKE THE TRUCKS ARE HAULING SOMETHING HEAVIER THAN, THAN WHAT'S PERMITTED, BUT IT, IT STILL IS A REAL TIME SAVER, NOT, YOU KNOW, AND SAFETY, UH, BENEFIT TO DO.

SO I'M A QUESTION, UM, REGARDING THE LEAST SITE, UM, YOU'RE GOING TO MAINTAIN THAT LEASE.

DO YOU HAVE ANY IDEA FOR HOW LONG THAT MIGHT END? MY SECOND FOLLOWUP IS WHEN YOU VACATE THAT LEAST YOU HAVE SOME OBLIGATION TO BRING BACK THAT LAND OR REPAIR IT, OR, RIGHT.

SO OUR CURRENT LEASE, WE, WE RECENTLY, UM, RENEGOTIATED THE TERMS OF THE LEASE.

WE'VE, WE'VE BEEN THERE ABOUT, UH, 10 YEARS.

AND, UH, SO OUR INITIAL LEASE WAS 10 YEARS.

WE JUST RECENTLY RENEGOTIATED THAT FOR AN ADDITIONAL 10 YEARS.

SO WE'RE THERE FOR AT LEAST ANOTHER 10.

AND HONESTLY, I DON'T KNOW EXACTLY WHAT THE TERMS OF THE LEASE SAY IN TERMS OF HOW WE WOULD TURN THE PROPERTY BACK OVER FOR THINGS LIKE THE SHOP BUILDING.

I THINK IT SAYS WE HAVE THE RIGHT TO EITHER REMOVE IT OR LEAVE IT.

I MEAN, BASICALLY WE WOULD FORFEIT THAT BUILDING IF WE LEFT IT IN PLACE WITH THE LESS ORDERS.

RIGHT? EXACTLY.

SO THE NEW POWER SHOW, YOU'RE GOING TO OWN THE NEW PIECE AND WE ACQUIRED HALF OF IT, WHICH IS WHY IT'S SUBDIVIDED AND HAS THAT LOT LINE.

WE ACQUIRED HALF OF IT ABOUT SIX OR EIGHT YEARS AGO WHEN WE ACQUIRED THE OTHER HALF, TWO YEARS AGO.

UM, SO NOW WE'VE OWNED THE ENTIRE 20 ACRES.

SO WOULD YOU BE LANDLOCKED WITH THE LEASE? NO.

NO.

AS YOU SEE THERE IN THE IMAGE, UH, THAT RED LINE IS OUR, UH, ACCESS TO ASHLYN ROAD, WHICH IS NOT PART OF THE LEASE.

THAT'S NO, THAT'S KEEP YOU OFF EVERYTHING OUTLINED IN RED THERE WE OWN.

AND THAT IS OUR PRIMARY.

UH, SO OUR CUSTOMER TRAFFIC, UM, THE, THE TRUCKS COMING IN TO PICK UP ASPHALT ARE GOING TO USE THAT ROAD.

THE ONLY THING THAT WILL GO THROUGH THE LEASE PARCEL WOULD BE THE AGGREGATE COMING FROM LUX STONES QUARRY.

IF AT SOME POINT WE DIDN'T HAVE THE LEASE.

ALL THAT WOULD MEAN IS THOSE AGGREGATE TRUCKS WOULD HAVE TO EXIT LUCK STONE GO ABOUT 300 YARDS DOWN THE ROAD AND TAKE A RIGHT INTO OUR PROPERTY.

SO THE PARCEL DOESN'T RELY ON THE LEASE IN ANY WAY.

UM, IT STANDS ON ITS OWN.

YEP.

ANY OTHER QUESTIONS? NONE.

AND YOU'LL HAVE THREE MINUTES TO DO SO WE CLOSED THE FLOOR SEEING NONE.

SO I GUESS WE'RE OPEN NEW FLOOR FOR THE FIRST APPLICATION FOR CITIZEN COMMENT.

ANYONE WISHING TO SPEAK FOR OR AGAINST, PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS,

[00:40:01]

UH, SO WHAT WE NEED TO HAVE A SECOND OPTION.

I'LL MAKE A MOTION TO APPROVE.

WE NEED TO VOTE AFFECT SEPARATELY DISTRICT JOHN.

THAT'S SEVEN.

IT'S BEEN MOTIONED AND PROPERLY.

AYES, HAVE IT MOVING ONTO THE SECOND.

WE WILL HAVE ASSISTANT COMMENTS,

[4. District 4 - CU-2013-00004A - Application by Allan Myers VA, Inc. requesting]

PERIOD.

WE'LL OPEN THE FLOOR.

ANYONE WISHING TO SPEAK, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS.

AND YOU'LL HAVE THREE MINUTES SEEING NONE.

WE'LL CLOSE THE FLOOR.

I'LL MAKE ANOTHER MOTION TO APPROVE AS PRESENTED ALL SECOND, IT'S BEEN MOTIONED AND PROPERLY.

SECOND ALL IN FAVOR.

BY BARBARA D. HUGHES AND J DAVID HUGHES REQUESTING RENEWAL OF A CONDITIONAL USE PERMIT TO SEE YOU 20 16 0 0 0 0 9 FOR A DETACHED ACCESSORY FAMILY HOUSING ON 10.66 ACRES AT 10 18 MANNEQUIN ROAD ON TAX MAP, 57 1 0 41 D THE PROPERTIES ZONED AGRICULTURAL LIMITED A TO THE CONDITIONAL USE PERMIT IS REQUIRED BY GOOCHLAND COUNTY ZONING ORDINANCE, SECTION 15, 1 12 AND ACCORDANCE WITH SECTION 15, 2 85 8.

ALL OPPOSED.

AYES HAVE IT AS PARKER.

OUR NEXT ITEM IS IN DISTRICT FIVE, CU 2016, 0 0 0 0 9.

APPLICATION

[5. District 5 - CU-2016-00009A - Application by Barbara D. Hughes and J. David]

THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS RURAL ENHANCEMENT.

THANK YOU, MS. PARKER, MR. CHAIRMAN MEMBERS OF THE COMMISSION, JAMIE SHERRY DIRECTOR OF COMMUNITY DEVELOPMENT.

UM, AS MS. PARKER SAID, UH, TONIGHT WE HAVE A, UM, APPLICATION FOR A RENEWAL OF A CONDITIONAL USE PERMIT FOR A DETACHED, UM, SINGLE FAMILY HOUSING UNIT.

THE APPLICANT IS BARBARA HUGHES.

SHE IS HERE THIS EVENING, UM, AS WELL.

UM, SO AS YOU CAN SEE FROM THE LOCATION MAP IT, UM, THE HOUSE IS LOCATED IN THE CENTRAL EASTERN PORTION OF THE COUNTY.

UH, THE PROPERTY IS ZONED AGRICULTURAL AGE TO, UM, AS IS ALL THE SURROUNDING PROPERTY.

UM, THE PROPERTY IS, UH, UH, EXCUSE ME, IT'S DESIGNATED AS RURAL ENHANCEMENT AREA BY THE COMPREHENSIVE PLAN AS IS THE SURROUNDING PROPERTIES.

UM, HERE IS AN AERIAL OF THE, UH, PROPERTY, UH, THE, UM, THE HOUSE THAT, UM, UM, MRS. HUGHES LIVES IN IS, UM, RIGHT HERE.

UM, THIS IS A GARAGE RIGHT HERE WHERE THE IS W WHICH IS THE, UM, SINGLE FAMILY HOUSING UNIT.

UM, HERE IS A PHOTO OF THE UNIT.

THE DETACHED GARAGE WAS CONSTRUCTED IN 2017 AND HAS, UM, 1094 SQUARE FEET OF LIVING SPACE WITHIN IT.

AS I MENTIONED BEFORE, MS. HUGHES DOES LIVE IN THE PRIMARY DWELLING AND HER SON RESIDES IN THE ACCESSORY DWELLING.

UH, THERE WAS A COMMUNITY MEETING HELD ON JUNE 9TH.

UH, ONE NEIGHBOR ATTENDED AN EXPRESS SUPPORT FOR THIS PROPOSAL.

NO COMPLAINTS HAVE BEEN RECEIVED IN THE FIVE YEARS.

IT'S BEEN LOCATED ON THE PROPERTY.

UH, NOTHING HAS SUSTAINED SUBSTANTIALLY CHANGED AT ALL OTHER THAN, UM, UH, THE EXPIRATION DATE.

UM, SO THE USE, UH, NUMBER ONE, UH, ALLOWS FOR THE USE OF THIS ACCESSORY, UH, FAMILY DWELLING ON THE PROPERTY, UH, UH, NUMBER TWO, LIMITS IT ONLY TO, UM, RELATED, UH, INDIVIDUALS TO THE RESIDENT OF THE PRIMARY HOUSE.

UM, NO RENTAL, UH, NUMBER THREE ARE NOT ALLOWED TO RENT, UH, THE DWELLING SEPARATELY.

UM, NUMBER FOUR CARBON MONOXIDE DETECTOR.

THERE SHALL BE AT LEAST ONE WORKING CARBON MONOXIDE DETECTOR, UM, IN THE PROPERTY, UM, ACCESS, UH, YOU MUST BE ABLE TO HAVE PROPER ACCESS TO THE DWELLING UNIT FOR SAFETY PURPOSES.

UM, AS I MENTIONED, THERE IS AN EXPIRATION IS NOW A 10 YEAR EXPIRATION FOR THIS USE.

AND, UH, LAST ONE IS A TRANSFER OF OWNERSHIP.

IF THAT HAPPENS, UH, WE MUST BE, UM, NOTIFIED AS, AS THE NEW OWNER, UH, THAT CONCLUDES MY PRESENTATION.

DOES ANYBODY HAVE ANY QUESTIONS FOR ME? MRS. HUGHES IS HERE.

IF YOU HAVE QUESTIONS FOR HER AS WELL.

AND HAS THE APPLICANT WISH TO MAKE A PRESENTATION?

[00:45:01]

ALL RIGHT.

BUT, UH, WE WILL OPEN IT OVER THE PUBLIC, HEARING ANYONE WISHING TO SPEAK ON THIS, COME FORWARD, STATE YOUR NAME AND ADDRESS, AND YOU'LL HAVE THREE MINUTES SEEING NONE.

WE'LL CLOSE THE PUBLIC HEARING PORTION.

GENTLEMEN, MR. CHAIRMAN, I MOVE, WE APPROVE THE APPLICATION AND THE EXTENSION OF TIME A SECOND.

IT'S BEEN MOTIONED AND PROBABLY SECOND.

ANY OTHER DISCUSSION? ALL IN FAVOR? AYE.

AMENDMENT TO ZONING ORDINANCE, SECTION 15 TO 62 AND 15 TO 72 USES AND STRUCTURES PERMITTED BY RIGHT OR BY CONDITIONAL USE PERMIT CP TO ALLOW DISTRIBUTION CENTERS WITH AN ACCESS CONNECTION TO A ROAD SEGMENT CATEGORIZED FIVE OR SIX, AND SECTION 15, 3 44 CLASSIFIED ROADS AS A BI-RITE USE WITHOUT SUCH ACCESS BY CONDITIONAL USE PERMIT AND THE INDUSTRIAL LIMITED AND ONE DISTRICT.

ALL OPPOSED MS. BARKER, OUR LAST ITEM TONIGHT IS C O A 20 21 0 0 0 0 1 PROPOSED

[6. ZOA-2021-00001 - Proposed amendment to Zoning Ordinance Sections 15-262]

AND AS A BI-RITE USE AND THE INDUSTRIAL GENERAL M TWO DISTRICT.

THANK YOU, MR. PARKER.

UM, MR. CHAIRMAN MEMBERS OF THE COMMISSION.

UM, TONIGHT WE HAVE, UM, A, UM, ORDINANCE ORDINANCE AMENDMENT REQUEST.

THIS IS BEING INITIATED BY THE COUNTY.

UH, THIS ORDINANCE ORDINANCE AMENDMENT WOULD BE FOR THE ENTIRE COUNTY.

SO IT WOULD BE COUNTY-WIDE APPLIED.

UM, THE, UM, DISTRICT, THIS ORDINANCE AMENDMENT WOULD ALLOW FOR A DISTRIBUTION CENTER IN INDUSTRIAL DISTRICTS, UM, WITHIN THE M ONE DISTRICT, IT WOULD BE ALLOWED BY RIGHT IN CERTAIN, UM, ROAD CLASSIFICATION CATEGORIES, UM, AND IN, UH, THE M ONE ZONING DISTRICT.

UM, OTHER THAN BEING IN THOSE RADCLIFFE ROAD CLASSIFICATIONS, A CONDITIONAL USE PERMIT WOULD BE REQUIRED IN THE OR ANY DISTRICT.

IT WOULD BE RUGGED, UM, ALLOWED BY, RIGHT REGARDLESS OF THE ROAD CLASSIFICATION.

UM, I BELIEVE THIS WILL BE SOMEWHAT OF REPETITIVE FOR YOU WHEN WE CAME BEFORE THE COMMISSION BACK IN JUNE.

UM, I MENTIONED THAT THE OFFICE OF ECONOMIC DEVELOPMENT HAD JUST COMPLETED A STUDY, UH, ENTITLED GOOCHLAND COUNTY CLUSTER, I, THAT DENTIFICATION REPORT, UH, THE STUDY IDENTIFIED TARGETED AND EMERGING BUSINESSES WITHIN THE COUNTY.

THE REPORT IDENTIFIED IN EMERGING SECTOR FOR LOGISTICS, UM, WHICH INCLUDED DISTRIBUTION CENTERS, UM, DISTRIBUTION CENTERS ARE ACTUALLY NOT LISTED AS A PERMITTED USE IN OUR ZONING ORDINANCE.

HOWEVER, THERE IS A DEFINITION FOR A DISTRIBUTION CENTER, UH, DISTRIBUTION CENTERS THAT DEFINITION, UM, STATES AND ESTABLISHMENT ENGAGED IN THE RECEIPT, STORAGE AND DISTRIBUTION OF GOODS, PRODUCTS, CARGO, AND MATERIALS, INCLUDING SHIPMENT BY BOAT, RAIL AIR, OR MOTOR VEHICLE.

UM, SO AS I MENTIONED IN THE INTRODUCTION, UM, THE DISTRICT, THERE'S TWO DIFFERENT CLASSIFICATIONS ONE, WHICH WOULD ALLOW, UM, UH, DISTRIBUTION CENTER BY RIGHT.

OTHER, BUT THE CDP, UM, THE ALLOWED BY RIGHT WOULD BE BASED ON ROAD SEGMENT CATEGORIES AS DEFINED IN OUR ACCESS MANAGEMENT, UM, PORTION OF OUR, UM, ZONING ORDINANCE, THE, UH, TABLE ON YOUR RIGHT-HAND SIDE.

I KNOW IN THE PACKET THERE WAS A LARGER PORTION.

THESE KIND OF PULL OUT ALL DOESN'T KIND OF, IT DOES PULL OUT THE, UM, THE ROAD SEGMENTS THAT WOULD BE, UM, IDENTIFIED AS FIVE AND SIX THEN, WHICH WOULD BE ALLOWED BY RIGHT, FOR ANY EXISTING M ONE, ANY NEW EXISTING WOULD HAVE TO GO THROUGH A REASONING, WHICH WOULD HAVE POTENTIAL FOR THERE TO BE PROFFER.

SO, UM, THE, UH, CUP WOULD, UM, BE ALLOWED BY RIGHT, FOR ALL OTHER, UM, I MEAN, EXCUSE ME, A CUP WE REQUIRED FOR ANY OTHER, UM, ROAD SEGMENT.

THAT'S NOT ON THIS LIST.

AND LASTLY, UM, IT WOULD ALLOW BY RIGHT, ANY M TO, UH, ZONING DISTRICT TO HAVE A DISTRIBUTION CENTER HERE IS A, UM, A MAP.

UH, THIS WAS ALSO INCLUDED IN YOUR PACKET.

UH, COLORS ARE KIND OF HARD TO DISTINGUISH, BUT, UM, ESSENTIALLY THE, THE DEEPER PURPLE, UM, SHOW AREAS, UM, THAT ARE ZONED EM TO THE , UM, UM, IS ALSO LOCATED THROUGHOUT THE COUNTY, UH, ON THE NORTHERN PART NORTHWESTERN PORTION.

YOU HAVE, UM, THE MIDDLE POINT, UM, INDUSTRIAL PARKS, AND THEN THERE'S LIKE THE, WHEN AN OIL VILLE IS THE OIL BILL INDUSTRIAL, I'M LOSING MY, UH, CONTROL OF MY, THERE IT IS.

UM, AND THEN OVER HERE, UM, TO THE NORTH, WE HAVE LUXTON, THIS PORTION IS, UM, WEST CREEK, UM, M TWO DOWN HERE IS, UM, UH, LUCK STONE AGAIN.

AND THEN THERE'S A COUPLE OF OTHER SMALLER, UM, M TWO ZONING WITHIN, UH, DIFFERENT PARTS OF

[00:50:01]

THE COUNTY.

SO WHAT STAFF DID IS, UM, UH, AS YOU RECALL, WHEN WE MET LAST TIME, WE THEN SKIPPED ANOTHER MONTH TO TAKE A LITTLE TIME, TO LOOK, TO SEE HOW THE, UM, THE CURRENT ZONING WOULD BE IMPACTED BY THIS.

AND SO WE TOOK ROAD SEGMENTS INTO CONSIDERATION BECAUSE OF THE IMPORTANCE OF THE TRUCK TRAFFIC THAT IS ASSOCIATED WITH, UM, POTENTIAL WITH, UM, A LARGER DISTRIBUTION CENTER AND WENT THROUGH AND IDENTIFIED, YOU KNOW, WHAT ROADS WOULD BE APPROPRIATE, WHAT ROAD WOULD NOT TOOK INTO ACCOUNT, WHAT WAS ON THE GROUND CURRENTLY TODAY, AND THE FACTORS THAT ARE INVOLVED IN, UM, WHAT DISTRIBUTION CENTERS ARE LOOKING FORWARD TO LOOK AT, UM, YOU KNOW, THE POTENTIAL FOR SOMEONE TO BE ABLE TO, UH, TO, UM, GO THERE BY RIGHT NOW AND THE APPROPRIATENESS OF THAT.

LET'S SEE.

I THINK THAT'S ALL MY QUESTIONS.

I MEAN, ALL MY PRESENTATION, I'LL GO, OOPS, I'LL GO BACK TO THE MAP.

YOU HELPED ME OUT THERE, ASHLEY.

I'LL GO BACK TO THE MAPS.

IF YOU HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO, UM, REFER TO ANYTHING THAT'S OUT THERE.

HAVE, HAVE YOU HEARD ANYTHING FROM PUBLIC RECEIVED NOTE? WE HAVE RECEIVED NO COMMENT FROM THE PUBLIC.

THIS POINT IN, IN DOING THE DISTRIBUTION CENTER, UM, I DO HAVE CASEY BERBER HERE WHO IS WITH ECONOMIC DEVELOPMENT.

SHE MIGHT BE ABLE TO BETTER ANSWER THAT QUESTION.

THANKS TOM.

I'M CASEY VARBERG, I'M AN ECONOMIC DEVELOPMENT COORDINATOR FOR ECONOMIC DEVELOPMENT DEPARTMENT.

UM, WE ACTUALLY HAVE SEEN A HUGE UPTAKE IN INTEREST IN DISTRIBUTION CENTERS, UM, WHICH IS PART OF THE REASON THIS HAS COME FORWARD AT THIS TIME.

SO, UM, YEAH, WE HAVE A, ACTUALLY A COUPLE ACTIVE PROJECTS AT THE MOMENT.

WE CAN'T SAY TOO MUCH ABOUT THEM, UM, FOR LEGAL PURPOSES, BUT IT'S DEFINITELY, UM, WE'RE DEFINITELY SEEING A STRONG INTEREST IN THEM AT THE MOMENT, SO.

ALL RIGHT.

YOU'RE WELCOME.

ANY OTHER QUESTIONS? OKAY.

ANY OTHER DISCUSSION NOW OPEN THE FLOOR FOR PUBLIC HEARING.

WE DO HAVE TO HAVE A PUBLIC HEARING ON THIS, RIGHT? ANYONE WISHING TO SPEAK FOR OR AGAINST PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS.

AND YOU'LL HAVE THREE MINUTES SEEING NONE.

WE'LL CLOSE THE PUBLIC HEARINGS, PROPORTION GENTLEMEN, CHAIRMAN.

I RECOMMEND APPROVAL.

HOW I WOULD, I WOULD LIKE TO, I GUESS, BEFORE MOTION, UM, OR, OR SECOND, UM, THANK MS. SHERRY AND STAFF FOR PROVIDING THE MAPS.

UM, THAT'S REALLY HELPFUL.

I GUESS THE ONLY THING I WOULD SAY IS, YOU KNOW, IT'S BEEN, IT'S BEEN, I GUESS, ADVERTISE TO THE PUBLIC.

IS THAT ANY ADJACENT LANDOWNERS? YOU KNOW, IF THEY HAD ANY INPUT, YOU KNOW, IT DOES IMPACT THEM EITHER POSITIVE OR NEGATIVE.

SO, UM, WHILE IT MIGHT SEEM SIMPLE, UM, I DON'T SEE IT.

THERE'S THERE'S ANY ISSUE? MOTION TO APPROVE.

SECOND, SECOND.

YEAH, SO WE HAVE A MOTION AND A SECOND ALL IN FAVOR.

WE HAVE MOTION FOR GERMAN.

ALL OPPOSED.

ANY OLD BUSINESS? NO OLD BUSINESS, NO OTHER BUSINESS.

[8. Old Business - None]

SO MODE

[9. Other Business - None]

SECOND.