Buckingham County
Planning Commission
December 18, 2017
At a regularmeeting of the Buckingham County Planning Commission held on Monday,December 18, 2017 at 7:00 p.m. in the Peter Francisco meeting room, located within the Buckingham County Administration Complex, the following members were present:John E. Bickford, Vice-Chairman;Royce Charlton, III;Patrick Bowe;James D. Crews; Sammy Smith andDanny R. Allen, Board of Supervisors’ representative. Also present wereRebecca S. Cobb, Zoning Administrator and E.M. Wright, Jr., County Attorney. Alice T. Bickford, Chairman and Chet Maxey were absent.
Re: Call to Order, Invocation and Pledge of Allegiance
Vice-Chairman Bickford called the meeting to order and Commissioner Crews gave the invocation. Commissioner Charlton led the Pledge of Allegiance and it was said by all who were in attendance.
Re: Quorum Present
Vice-Chairman Bickford certified there was a quorum –sixof eight members were present. The meeting could continue.
Re: Adoption of Agenda
Bickford: Adoption of the Agenda. Ms. Cobb is there any changes to the agenda?
Cobb: No sir.
Allen: So moved to approve.
Smith:Second.
Supervisor Allen moved,Commission Smithseconded and was unanimously carried by the Commission to approve the agenda as presented.
Re: Approval of Minutes – November 20, 2017 Regular Meeting
Bickford: Alright we have approval of minutes forthe November 20, 2017 the regular meeting, Planning Commission meeting.
Smith: Move weaccept sir.
Allen: Second.
Bickford: Alright I have a motion and a second. Any discussion? See none we’ll vote.
Commissioner Smith moved,Supervisor Allen seconded and was unanimouslycarried by the Commission to approve the minutes of November 20, 2017regular meetingas presented.
Bickford: Ok that passes.
Re: Public Comment
Bickford: Public Comment period. If anyone would like to speak on any matter in the County please come to the podium, state your full name and your address. We do…you can speak on anything other than the three Public Hearings we have tonight that we have scheduled time for those. So I will now open up the Public Hearing any matter other than the Public Hearings. They have their allotted time. Ok we’ll close thatand moveto the first Public Hearing SUP the Bed & Breakfast. Ms. Cobb do you want to introduce that?
Re: Old Business-Public Hearing-17-SUP248 Bed & Breakfast
Cobb: Yes that’s Case 17-SUP248. Owner/Applicant Fran Hill, Tax Map Section 189, Lot 46 containing approximately 93 acres on South James Madison Hwy in the Curdsville Magisterial District. Ms. Hill is asking that you approve a Special Use Permit for the purpose of a Bed and Breakfast on the property. There are conditions for you to consider. The applicant is aware of the conditions and the applicant is here if you have questions for her.
Bickford: Ok do any of the Commissioners have any questions for the applicant prior to opening up the Public Hearing?
Smith: Not at this time.
Bickford: Alright we will then open up the Public Hearing. It’s the same criteria. Please come forward, state your full name, address. You have 3 minutes to speak. I’ll now open it up.
Cobb: And I did not have anyone sign up so.
Bickford: Ok. Alright we will close that Public Hearing and then turn it back to the Commission.
Smith: I’d like to move it on to the Board of Supervisors.
Bowe: I’ll second it.
Bickford: Alright we have a motion and a second. Any further discussions?
Cobb: That’s approval with conditions?
Smith: With the conditions.
Bickford: Alright seeing none we will vote.
Commissioner Smith moved, Commissioner Bowe seconded and was unanimously carried by the Commission to recommend to the Board of Supervisors toapprove with conditions of case 17-SUP248 Bed & Breakfast.
Bickford: That moves forward.
Re: Old Business-Public Hearing – 17-SUP249 RV Campground
Bickford: Ms. Cobb we have the SUP for the RV Campground.
Cobb: This is Case 17-SUP249. Owner/Applicant Lloyd Buckingham Farm, Tax Map Section 121, Lot 8 containing an approximate 18 acres on Willow Lake Road in the James River & Maysville Magisterial Districts. The property is zoned A-1 Agriculture and he is requesting a Special Use Permit for the purpose of a campground. You do have conditions and the applicant is also aware of the conditions. And the applicant’s representative is here if you have any questions.
Bickford: Ok any of the Commissioners have any questions before we open up the Public Hearing? Alright Ms. Cobb has anyone signed up for the Public Hearing?
Cobb: No sir.
Bickford: Ok since that’s the case we’ll turn it back to the Commission.
Robert Snoddy: May I speak to the conditions Mr. Chairman?
Bickford: Yes sir. Come forward Mr. Snoddy if you would please.
Snoddy: I’m Bob Snoddy, Attorney in Dillwyn, and I represent Mr. Lloyd who is the managing member of the LLC which owns the property the Lloyd farmstead. It’s not that…
Smith: Excuse me sir could you pull the mic to you just a little bit? Thank you.
Snoddy: Ok it is located…I’m not too sure that all of you are exactly aware of its location. It’s located off Route 56. If you’re aware of where John Kitchen lives, right in that curve just before you get to that the Willow Lake Road off to the left it’s the old Stouffer Mill property. The only reason I know about Stouffer Mill is because I live over on 607 and the road that went from 607 to Stouffer Mill goes right by my house. Soaware of it and it is in the A-1 zone and therefore it’s one of the areas that is already in the Zoning Ordinance as a permitted use with a SUP. Is that correct Ms. Cobb?
Cobb: Yes.
Snoddy: The two conditions that Mr. Lloyd noted in the documentation he sent to me…and I’m wondering if the Commission would consider a change there. And the first is the condition dealing with the number of years that the permit will last. And let me see if I can find that.
Bickford: Seven Mr. Snoddy.
Snoddy: Is it number 7? And I think it says 3 years now.
Bickford: Correct.
Snoddy: And he was asking that the Commission would consider amending that to 5. I don’t know the justification other than I know he’s planning on putting a 5 bedroom home in the same vicinity in about 5 years. And that was the reason he wanted to tie it in there so it would keep both the water and the septic operational for the entire period so that it didn’t sit unused for a 2 year period after it went out of use and before he built the house. But that’s his time plan now. The other exception that he was taking to the conditions is number 9. The location shown on his sketch I guess for lack of a better word shows that those RV campsites are approximately 30’ from the property line rather than the 50’ that’s being required in the conditions. I think you have a copy of the drawing. And it’s not a particularly splendid depiction but it does indicate that the RV’s are 60’ from the, excuse me are 30’ from the farm fence line. And I think it’s this one…I think you all may have this.
Bickford: That was from the last one. We probably didn’t bring it with us. I’m afraid I didn’t. It’s not attachedthis time.
Snoddy: Ok. I’ll copy it and give each one of you or I can just pass it down.
Allen: Is there any other homes or anything close by? I haven’t looked at it that close.
Snoddy: The adjoining owner is Mr. Don Mosley on that side and he had indicated to me, excuse me Mr. Lloyd had indicated to me that Mr. Mosley had no objection to the proximity of the RV’s to the property line. I do not have anything in writing in terms of that from Mr. Mosley and if you all want to make that a condition of it making its way to the Board of Supervisors that’s fine. But it would be…each one is approximately 30’ off the line and the area where this property is located is not all that close to the Mosely homestead. The Stouffer Mill property is over a knoll and down next to the Slate River as compared to where Don Mosley’s property is located. I’d estimate…
Bickford: Out of sight more or less.
Allen: You’re saying it’s kinda…
Snoddy: It’s basicallyout of sight yes sir
Allen: So we’re only talking moving 20’ right?
Snoddy: Yes sir it would bring it 20’ closer to the property line if we had the setback there to be 30’ instead of 50. Now I don’t know is that something built into the ordinance as far as setbacks.
Wright: Setbacks is in the Zoning Ordinance and you would have to get a variance from the Board of Zoning Appeals to go outside the setbacks.
Snoddy: Ok is…
Bowe: What difference does it make to the applicant is to whether it’s 30 or 50?
Snoddy: I can’t explain that. All I know is that’s the communication I received is that he, that his sites he’s perked tested the area and the sites that he perked tested were within 30’ of the property line. I assume that would require that he move 20’ off of that to re-perk test.
Bowe: Might need 20’ of piping.
Snoddy: Yes. Tell me this is it in that zone is there…if it’s not a structure or a building structure improvement is the setback line applicable to something of this?
Cobb: The setbacks in the Ordinance are for all structures for primary structures and other structures is what it says.
Snoddy: Usually there’s a front line and then side lines?
Cobb: Side lines yeah.
Snoddy: And I don’t know. And they’re usually what 15 and 35 or 50…
Cobb: 50 and 25. 50 from the front property and 25 from sides.
Snoddy: Well this you would be approaching these from the front would be on the opposite side of the RV sites from the line with Mosley and so the 30’ would not violate your 25’ setback. Does that sound accurate?
Cobb: Right the 50’ here in #9 is actually taken from other campground applications and conditions that we’ve had and so that’s why I kept it just as the standard 50’.
Bowe: I can’t see where it’s going to make that much difference to him. You’re talking 20’ more sewer pipe.
Snoddy: I understand and I’m just…don’t shoot the messenger.
Bowe: I don’t want to. I don’t understand the problem.
Snoddy: Well quite frankly I can’t explain it the problem.
Charlton: It says within 50’ of adjoining properties without adjacent landowners written permission. Mr. Mosley is the adjacent landowner.
Snoddy: So if we had the written permission from Mr. Mosley then that would…
Charlton: Seem like if I’m not mistaken it would take care of the situation.
Snoddy: Mr. Wright do you have any input there?
Wright: I haven’t looked at the Ordinance language so I don’t know.
Bowe: I know when you get into putting wells and stuff in they’re going to have to be a certain what is it 100 and some feet off of a nearest septic line. So I mean it could drastically effect…
Snoddy: The well is going to be a considerable distance from that installation.
Bowe: His well but what if Mosley wants to put in an additional well for some reason? I mean I don’t know. I’m just saying that to me you’re talking 20’ extra pipe per site which ain’t no big deal.
Snoddy: I hear you. I have no comeback to that.
Bowe: Ok.
Snoddy: For the first time in my life.
Bickford: Well I think probably being that that’s the situation we’re not sure about the Ordinance adjustment I would say, recommend we keep it at 50’ if this does go to the Board of Supervisors if you could get a letter from Mr. Mosley.
Snoddy: I will.
Bickford: Then you can address it at that time plus it givesyou an opportunity to check the variances for a septic line.
Cobb: And I did speak to Mr. Mosley. He did come into the office and take a look at the application and just across this property line is where his airstrip is. So this is right adjacent to his airstrip. He didn’t indicate that he had any problems at this time. We didn’t talk about footages or anything like that but he didn’t say he had any concerns at this point.
Bickford: Well we still don’t have anything in writing though at this time.
Snoddy: I understand.
Bickford: So let’s leave that at 50 with the understanding we’ll get it in writing.
Snoddy: With the understanding we’ll propose if it needs to be changed over we’ll have a modification available we’ll make that presentation to the Board.
Bickford: How about…with the circumstances that Mr. Snoddy described I understand why he would like to have it 5 years. I don’t really have an issue with it. Does any of the other Commissioners?
Bowe: No but if the people are only going to stay 3 years it’s still going to sit vacant the other 2.
Snoddy: Well we don’t know exactly what’s going to happen.
Bowe: Right. I agree with that.
Bickford: It’s all tentative so. But with the understanding and the way you describe it I don’t have a problem. Does any other have a problem?
Bowe: I don’t have a problem
Bickford: Ok. We will alter that for you Mr. Snoddy.
Bowe: That’s not bad.
Snoddy: I hear you.
Bowe: You’ve got half of them. Better than VA versus V. Tech.
Snoddy: Boy.
Bowe: You knew that had to come up sooner or later.
Snoddy: It’s basketball season.
Bickford: Yeah things will be different now.
Snoddy: What goes around comes around.
Bickford: Thank you Mr. Snoddy.
Snoddy: Thank you all.
Bickford: Alright any other discussion on this application? Anyone want to make a motion then?
Allen: I’ll make a motion that we move it on to the Board with the change of #7 from 3 to 5 years.
Bickford: Ok I have a motion.
Bowe: Second.
Bickford: I have a motion and second. Any further discussion? Seeing none we’ll vote then.
Supervisor Allen moved, Commissioner Bowe seconded and wasunanimously carried by the Commission to recommend to the Board of Supervisors to approve with the change of condition #7 from 3 to 5 years case 17-SUP249 RV Campground.
Bickford: That moves forward Mr. Snoddy. Ms. Cobb that brings us to the Telecommunications Tower.
Re: Old Business-Public Hearing – 17-SUP250 Kidd Property Telecommunications Tower
Cobb: Yes this is Case 17-SUP250. Owner Jenny Kidd Ledford, Applicant Shenandoah Mobile, LLC also known as SHENTEL, Tax Map Section 75, Parcel 4 containing approximately 45 acres on S. James River Highwayin the James River Magisterial District. The property is zoned (A-1) Agricultural. And they are asking for a Special Use Permit for a monopole telecommunications tower. As you are aware this site was approved previously for a Verizon tower that wasn’t built. This is a new application now that SHENTEL has put forward. CityScape has reviewed this application and has provided you all with conditions and a recommendation. The applicant is here if you have any questions for them.
Bickford: Ok. Thank you Ms. Cobb. Any questions for the applicant before the Public Hearing?
Smith: Move it forward.
Bickford: Ok. Do you have people signed up Ms. Cobb?
Cobb: Yes.
Bickford: I’ll let you call them out in order then.
Cobb: Timothy Fanter.
Timothy Fanter: I’m Timothy Fanter at 2576 S. James River Highway. This is my daughter Crystal Fanter. So I don’t know if I’ve got 3 minutes but I’ve got a lot. So there was 14 pages that Ms. Cobb had copied the applicant narrative. I have issues with every page on here. The big issue that I have is I was never properly notified ever. Now granted I’ve only been here a year. I moved in Christmas Eve last year. But I’ve had I believe three times that we’ve paid our property tax. Somebody in this office knows exactly where I live. It was only by the former resident, Brenda Kidd, who forwarded me the letter for tonight. Now I know reading through this 14 page document you’ve had…it looks like you’ve had a number of meetings before. You’ve had a balloon test to where they actually had to notify somebody on the property to take pictures of the balloon. We’ve been missed out on every one of these. So I cannot speak what the breakdown in communication was. Like I said I’ve been here for almost a year but apparently you’ve been sending them to Brenda Kidd. That’s the first thing, issue that I have. Second issue and I know we’ve talked…I went in when I got this on the 9th of December I went into Ms. Cobb’s office and said what do you have? So she made me copies so. I have two other issues. One is the devaluation of property value. You’re going to say that it’s in the hands of the accessor here in this office. It’s also in the hands of…I have a VA loan because when I retired from the military and wanted a JROTC job I had 200 to choose from. I chose this place. And of course the house is awesome. My wife fell in love with it. But if you are a VA appraiser or any kind of appraiser you know and you can ask them…you can ask any realtor it’s going to devaluate the property. And I know it is a business here. It may not actually go down by the property accessor here but they’re not the ones that are selling the house. It’s the realtor and whoever the person who wants to buy the house. If they see a 200’ I think it’s technically 190’ tower and I don’t know if it’s 650’ or 700’ there’s discrepancies in this report from the backyard I don’t know if I would want to purchase a house that has that.