Regular Meeting – November 26, 2019
Regular Meeting, Wednesday, November 26, 2019, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
G.L. “Butch” Wells
Michael L. Shull
Wendell L. Coleman
Pam L. Carter
Marshall W. Pattie (Via Electronic)
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
Leslie Tate, Senior Planner
James R. Benkahla, County Attorney
Angela Michael, Executive Assistant
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, November 26, 2019, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 244th year of the Commonwealth….
Chairman Garber welcomed the citizens present.
The following students from Stuarts Draft Middle School led the Board of Supervisors in the Pledge of Allegiance:
Maggie Henderson is in the 7th grade. Her favorite subject is history and she is in gymnastics. She would like to attend Virginia Tech to study to become a teacher.
Lydia Monroe is in the 7th grade. Her favorite subject is history and she plans to attend University of Kentucky and study engineering. She enjoys playing soccer in her free time.
Alandra Knice is in the 7th grade. She enjoys being in plays, singing and playing sports.
Madison Doyle is in the 7th grade. She enjoys acting in plays and playing volleyball.
Isabel Missick is in the 7th grade. In her free time, she enjoys running and playing soccer.
Michael Shull, Supervisor for the Riverheads District, delivered the invocation.
Ms. Bragg moved, seconded by Mr. Wells, that the Board allow Dr. Pattie to join the meeting electronically.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, and Carter Nays: None Abstain: Pattie Motion carried.
MASSIE INVESTMENTS, LLC-REZONING
This being the day and time advertised to consider a request to rezone from Single Family Residential 15 to Multi-Family Residential, with proffers, approximately 1.37 acres (TMP 067-45A) owned by Massie Investments LLC, located off Fishersville Road (Rt. 641) approximately 150 ft. east of the intersection of Fishersville Road (Rt. 641) and Long Meadow Road (Rt. 608) in Fishersville in the Wayne District. The proposed general use of the property is apartments. The general use of the property stated in the Comprehensive Plan is Planned Residential which is a variety of residential uses at a density of 4-8 units per acre. The Planning Commission recommends approval with proffer.
Leslie Tate, Senior Planner, showed a map of the property. The applicant has proffered that there shall be no more than 10 apartment units on the property. Ms. Tate showed a map of current structures on the property.
Chad Massie with Massie Investment stated that his goal is to convert the single dwelling home into six one bedroom units and eventually do the same with the other four already there.
The Chairman declared the public hearing open.
Anna May Lyons, 215 Berry Lane, Staunton, asked several questions regarding the property and the buildings.
There being no other speakers, the Chairman declared the public hearing closed.
Mr. Coleman moved, seconded by Mr. Shull, that the Board approve the rezoning as presented.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
CRESCENT DEVELOPMENT GROUP LLC-REZONING
This being the day and time advertised to consider a request to rezone from Single Family Residential to General Business, with proffers, approximately 4.6 acres (TMP’s 66C(1)2D, 66C(5)A, 66C(5)C, 66C(1)3) owned by Crescent Development Group LLC located in the southeast quadrant of the intersection of Jefferson Highway (Rt. 250) and Life Core Drive (Rt. 636) in Fishersville in the Wayne District. The general use of the property stated in the Comprehensive Plan is Community Mixed Use which may include a variety of residential uses as a density of 6-12 units an acre and on up to 40% of the total land area, retail and office uses, and in some but not all cases, industrial uses.
The Planning Commission recommends approval with proffer.
Leslie Tate, Senior Planner, discussed the proposed proffers.
Scott Williams, managing member of Crescent Group, stated that his company is the developer of Myers Corner which is a mixed use community being built on 140 acres along Route 250 and Lifecore Drive. He discussed the process that led to this rezoning. The rezoning request complies with the Comprehensive Plan. The site is in an Urban Service Area. The proposed change in zoning is in keeping with the County’s desire to encourage more business development along Lifecore to pay back the money borrowed for the road.
The residential portion of the project has been started which will include approximately 300 homes. The residential growth in this area will increase the need for businesses and services in the area. There is public concern about potential access along Route 250. It is unknown if there will be access on Route 250, but if there is one, it will not be a full access.
They have tried to respond to concerns raised by staff and neighbors. Most have been addressed at this time. The projects that have been developed in Myers Corner to date have been of the highest quality. It is unknown what will be developed on the site, but it will be developed in a first class, professional way and as least impactful to the neighbors as possible.
The Chairman declared the public hearing open.
Vrla Leach, 37 Woodlawn Drive, Staunton, stated that she is in the neighborhood beside Myers Corner. She questioned what the agreement was between Crescent Development and Augusta County.
Mr. Fitzgerald stated that Crescent Development did not give money for the road construction. Their contribution was in the form of land and material used for the roadway.
The County worked a public private partnership with Crescent and Branch Highways. The money was borrowed to build the project and VDOT money that was on the project previously from the 6-year plan was used. The tax incentive is not with Crescent Development. There is an agreement in place that all taxes paid in Myers Corner go into an account with the County and the County gets paid back for what was borrowed.
Ms. Leach is concerned about the safety at the Lifecore intersection. The property needs to remain as residential on that side.
Alan Gilbert, 25 Woodlawn Drive, Staunton, agrees with Ms. Leach’s concerns. He recommends that the Board of Supervisors discuss this request further.
Jason Earhart, 29 Birchwood Road, Staunton, compared the Comprehensive Plan to the Fishersville Small Area Plan. The zoning changes would conflict with what was planned for the property.
James Earhart, 1426 Jefferson Highway, Staunton, is in opposition of the zoning change.
The property can be developed as residential.
There being no other speakers, the Chairman declared the public hearing closed.
Mr. Williams reaffirmed his commitment to developing quality properties that raise the value of the area and not detract.
Mr. Coleman stated that he appreciates the comments on the matter. He spoke about Smart Scale project submittals that may have an impact on traffic flow.
Ms. Bragg stated that she is pro-development in the right way and the place. She has questions and concerns that should be considered. Ms. Bragg recommends that the other Board members take the opportunity to go look at the area.
Mr. Coleman moved, seconded by Ms. Bragg, that the Board table the request to give time to review further and bring it back on December 11, 2019 Board of Supervisors’ meeting.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
COUNTRY ESTATES MOBILE HOME PARK, LLC-REZONING
This being the day and time advertised to consider a request to rezone from General Agriculture to Manufactured Home Park, with proffers, approximately 37.46 acres (portions of the following Tax Map Parcels: 49-57F, 49-57F1, 49-57F2, 49-57P, 49-57U, 49-57Y, 49- 57V, 49-57W, 49-57X, and 49-57T) owned by Country Estates Mobile Home Park, LLC located east of Jerry Hill Drive, approximately 0.8 of a mile east of the intersection of Country Estates Boulevard and East Side Highway (Rt. 340), south of Jenni Lynn Circle and Jamie Street, west of Emery Drive, and approximately 0.14 of a mile north of Thorofare Road (Rt. 628) in Crimora in the Middle River District. The proposed general use of the property is manufactured and mobile homes. The general use of the property stated in the Comprehensive Plan is Rural Conservation Area. The Planning Commission recommends approval with proffers.
Ms. Tate, discussed the proffers and showed a map on the screen. The area of the request is the portion not currently zoned Manufactured Home Park. Ten additional units would be constructed within the zoned area. Staff pointed out that because it is planned as a rural conservation area, staff would not recommend larger expansions to the park, but with this request and the specific proffers limiting the placement of new units, this is considered more of a cleanup of existing zoning issues with units placed outside of current zoning boundaries.
Raymond Gochenour, owner of Country Estates Mobile Park, stated that his park was voted "Mobile Park of the Year” and he is proud of that recognition. His goal is to offer an affordable and nice place for people to live and wants to properly adjust the property line.
The Chairman declared the public hearing open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Wells, that the Board approve the rezoning request as presented.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
CHAPTER 25, SECTION 25-384-ORDINANCE AMENDMENT
Consider an ordinance to amend Chapter 25. Zoning. Division F. Industrial Districts. Article XXXVIII. General Industrial (GI) Districts. Section 25-384. Uses permitted by Special Use Permit. E. Batching plants for asphalt, cement, or concrete. The Planning Commission recommends approval.
Ms. Tate stated that the ordinance, the way it is currently written, in general industrial districts allows you to apply for a special use permit to have a concrete or asphalt batching plant. These requests go to the Board of Zoning Appeals for approval. The conditions related to that special use permit currently are that the neighboring area is not characterized by residential, commercial or industrial development which would be adversely impacted by the proposed use. Also, traffic generated by the proposed project will be compatible with the road serving the site and other traffic utilizing the said roads and onsite traffic flow will adequately and safely accommodate all traffic to and from the public highways. All building, structures and operations will be set back at least 100 feet from all property lines unless the Board of Zoning Appeals determines that greater setbacks are necessary to adequately protect neighboring properties. The proposed amendment would add or the Board of Zoning Appeals determines that lesser setbacks are adequate to protect neighboring properties.
The Chairman declared the public hearing open.
Randy Brock is the Technical Manager for the Hershey Company. He has concerns with the amendment and opposes it.
Meredith Moldenhauer, legal counsel for Hershey Company, stated that this a matter of right uses for low intensity manufacturing that are currently protected and that by reducing the buffer, many other uses could be affected. She cited research, provided to the Board, that supports the claim that particulate matter needs increased regulation of buffer zones.
There being no other speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Ms. Carter, that the Board table the request for further review.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC
Michael Thompson, 1255 George Walton Road, Mount Solon, discussed the river crossing pad on George Walton Road that allows cars to pass when the water level is low enough. The pad has started to break apart and does not seem to be designed for the weight of vehicles. His intention is to alert the County and VDOT of the situation.
Keith Willis, PO Box 51, Greenville, brought a petition with 30 signatures and spoke in opposition to the gun control laws that are being presented in Richmond.
AUDIT SERVICES-VOLUNTEER FIRE-RESCUE AGENCIES
The Board considered awarding the contract to Robinson, farmer, Cox.
Jennifer Whetzel, Deputy County Administrator, stated that sealed proposals were received from three qualified firms for auditing services for the sixteen Volunteer Fire- Rescue Agencies. A committee was selected to evaluate the proposals and interviews took place on November 7, 2019. A contract is being negotiated with the top ranked firm. The committee has chosen to award the contract to Robinson, Farmer, Cox.
Ms. Bragg moved, seconded by Mr. Shull, that the Board approve awarding the contract to Robinson, Farmer, Cox.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
LEGISLATIVE AGENDA
The Board considered the final Legislative Agenda.
Ms. Whetzel stated that the Legislative Package was previously reviewed and there have been no changes to the draft. There was a meeting held with the Legislators and the package was reviewed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board approve the Legislative Agenda.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
WAIVERS — NONE
MATTERS TO BE PRESENTED BY THE BOARD
Mr. Shull asked for a show of hands to see who was there to support the Second Amendment. He wished everyone a Happy Thanksgiving.
Mr. Garber reminded everyone of the Special Meeting on December 4th at Stuarts Draft High School.
MATTERS TO BE PRESENTED BY STAFF –NONE
ADJOURNMENT
There being no other business to come before the Board, Ms. Bragg moved, seconded by Ms. Carter, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Bragg, Shull, Wells, Coleman, Pattie and Carter Nays: None Motion carried.
Chairman County Administrator h:11-26min.19
