PLANNING COMMISSION

Wednesday, January 22, 2003

Present: Mr. Brush, Ms. Proulx, Ms. Russell, Mr. Harvey, Dr. Walker, Ms. Hunt and Mr. Giles

Absent: Mr. Hoffman

CONDITIONAL USE PERMIT/MR. GARY SHERWOOD – Application withdrawn.

REZONING REQUEST/MR. ROBERT GOAD, JR – Mr. Goad is requesting to rezone 5.22 acres at 7606 Cabell Road from M-2 (Industrial) to A-1 (Agricultural) to remove the condition, adopted by the Board of Supervisors on 8/10/93, limiting the use of the property to a wood yard only. Mr. Boger, noting that the property is no longer being used as a wood yard, said that at present the applicant could not use it for anything else. He said that the surrounding property is zoned Agricultural with a Flood overlay along the James River but noted that Mr. Goad’s property is outside the Flood zone. Mr. Boger said that the rezoning would comply with the Comp Plan and the existing zoning pattern in the area and noted no objections to the request.

During the Public Hearing, Mr. W. T. Ripley, Jr., an adjoining landowner, said that he was opposed to the rezoning. He said that too many things would be allowed under A-1 zoning. Mr. Ripley also said that the applicant’s property had flooded in 1969 and 1972 and said that there are many cases in the county where property is not appropriately listed on the FEMA map. Ms. Proulx noted that the Flood zone is an overlay and not the actual zoning. Mr. Boger clarified that a Flood zone affects only the restrictions applied to the actual use of the land rather than the zoning of the land.

Following the Public Hearing, Ms. Russell said that she is normally not in favor of rezoning an individual parcel, but that prior to 1993 the parcel had been zoned A-1. She said that the rezoning would not be out-of-line with the zoning of the surrounding properties. Dr. Walker said that she could understand the neighbors’ concerns, as the zoning on the property seemed to be going back and forth. Mr. Brush pointed out that the forestry industry provides as many jobs in the county as any other industry. He noted that the infrastructure of the small wood yard had not been able to keep up with the changing forestry industry. Dr. Walker said that the fact remains that there are houses and communities around these businesses and any rezoning affects the neighboring landowners. She said that the neighbors shouldn’t become second-class citizens to the industry. Ms. Proulx said that the point that the county should not take rezoning decisions lightly was well taken, but that she believes that returning the parcel to A-1 zoning makes sense. Commissioners voted 7-0 to recommend approval.

AG/FORESTAL DISTRICTS – Mr. Boger presented the draft ordinance to allow the creation of Ag/Forestal districts noting that the Board of Supervisors had asked for Planning Commission comments. Mr. Harvey briefed the Commissioners on questions the Board had had. He noted that the Districts are actually overlays to the zoning that can be more restrictive but not less restrictive. Commissioners asked several clarifying questions and noted no negative comments. Mr. Boger said that the Board of Supervisors would hold a Public Hearing on the ordinance at their February 11 meeting.

ZONING WORK SESSION – Commissioners finalized the agenda for the next Zoning Work Session on WEDNESDAY, FEBRUARY 12 at 7:00pm at the Courthouse.