MADISON COUNTY BOARD OF SUPERVISORS' MEETING Date: Location: 7:00PM - Wednesday, January 8, 2025 Admin. Building Auditorium, 414 N. Main Street MEETING #02. - January 8th AtaJ Joint Meeting between the Board of Supervisors and the Planning Commission on Wednesday, January 8, 2025 at 7:00PM in the Admin. Building Auditorium: PRESENT: R. Clay Jackson, Chairman Carty Yowell, Vice-Chairman Jud Buchanan, Member Dustin Dawson, Member James Jewett, Member Jonathon Weakley, County Administrator Allen Nicholls, Planning & Zoning Administrator Brian Gordon, Deputy County Administrator Hannon Wright, County Attorney Kimberly Turner, Deputy Clerk ABSENT: None. The Board of Supervisors came to order following the adjournment of the Planning Commission's portion of the meeting. CALL TO ORDER Chairman Jackson called the Board to order, DETERMINE PRESENCE OF A QUORUMIADOFTION OF AGENDA Chairman Jackson advised that a quorum was present. Supervisor Jewett made ai motion to approve the agenda as presented, seconded by Vice- Chairman Yowell. Aye: Jackson, Yowell, Buchanan, Dawson, Jewett, Nay: (0). Abstain: (0) Absent: (0). PUBLIC COMMENT Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward, the public comment opportunity was closed. PUBLIC HEARING Rezoning A. (Case No. RZ-10-30-24-03) Criglersville Elementary School LLC- Conditional Mr. Felix Schapiro is requesting to rezone parcel 21-61 from A-1 to B-1 with conditions. If approved, Mr. Schapiro intends to renovate the Criglersville Elementary School building. Chairman Jackson introduced Case No. RZ-10-30-24-03 for Criglersville Elementary School Staff did not have anything additional to add and the Board did not have any additional questions Mr. Felix Schapiro, the applicant, was present and stated he did: not have anything additional to Supervisor Jewett referenced the Comprehensive Plan Goals, which are to retain rural character and toj promote tourism, and stated the goals contradicted each other with this application. Supervisor Jewett recommended limiting the amplified loud music to the weekends and discussed his concerns with amplified loud music seven days a week. Mr. Felix Schapiro stated his noise proffers would be the strictest of any establishment in Madison County and gave an example. Mr. Felix Schapiro stated that ifr noise: restrictions are inherent to the nature ofrural character, then nowhere in Madison County has rural character since there is no noise ordinance in Madison County. Mr. Felix Schapiro mentioned his intention Supervisor Jewett asked the County Attorney ift the County could pass ai noise Ordinance that The County Attorney mentioned there would be potential first amendment implications because iti is regarding a type ofnoiselexpression. The County Attorney stated they would be able to overlay ai noise ordinance overtop oft the current zoning. The County Attorney stated he would Supervisor Jewett inquired what recourse the County or citizens would have ift these types of The County. Attorney stated he believed it would need to be more: neutral, sO it was not specific to outdoor amplified music and there would need to be some objective criteria for the noise. LLC conditional rezoning application. for staff. add but was available for questions. ist to do a historic renovation and preserve the rural character oft the school. only restricted outdoor amplified music. need to look into this further. establishments' amplified music got out ofhand. Chairman Jackson opened the floor for public comment. Marty McGetrick: Mr. McGetrick was present and inquired ift the applicant could listen to Chairman Jackson agreed that the applicant would be able to listen to amplified music ifhe met the parameters and hours stated, should the Board approve the rezoning application. Marty McGetrick: Mr. McGetrick expressed concerns regarding the negative impacts of amplified music regardless oft the facility being utilized by guests. outdoor amplified music for the community. Dennis Coppedge: Mr. Coppedge wasj present and stated he was tired oft the way the Criglersville School currently looked, and he would like something tol be done. Mr. Coppedge mentioned hel lived across from DuCard Vineyard, and stated hel hears music, but it does not ruin his quality oflife. Mr. Coppedge read the email he sent a few years ago that discussed how Mr. Felix Schapiro had: more conditions than similar businesses. Mr. Coppedge encouraged the Bill Guerry: Mr. Guerry attended thei meeting virtually and expressed concerns regarding the County Attorney's legal opinion that the County would not bel liable for allowing intentional music: in a B-1 zoned area. Mr. Querry asked the County Attorney how he would be able to Board to grant Mr. Felix Schapiro his rezoning application. defend ignoring nuisance factors such as noise. Chairman Jackson stated this was for public comment only. Bill Guerry: Mr. Guerry mentioned someone asked the County. Attorney if this was. legal and he felt the County Attorney gave an inaccurate and simple response. Mr. Guerry requested the Board inquire about the legal basis that they would defend themselves against. Renee Balfour: Ms. Balfour expressed concerns about thel legal issues and future actions that might be taken ift the noisel becomes ai nuisance. Ms. Balfour suggested the Planning Commission and Board of Supervisors evaluate this further sO there are no further lawsuits. Angela Ouinn: Ms. Quinn attended the meeting virtually and spoke on behalf ofherselfa and her husband as adjacent Criglersville property owners. Ms. Quinn mentioned breweries and wineries have expansive land surrounding them and she has concerns that the school is too close to homes. Ms. Quinn stated she supports Mr. Felix Schapiro doing a hotel, but she does not support With there being no further public comment being brought forward, the public comment Vice-Chairman Yowell thanked everyone who spoke regarding the rezoning. Vice-Chairman Yowell stated his intuition is telling him that repurposing the Criglersville School by way of conditional rezoning willl be a public benefit for all ofMadison County. Vice-Chairman Yowell mentioned citizens always asked thel Board to diversify the tax base and he referenced the Comp Plan Survey that was sent out last fall. Vice-Chairman Yowell stated thej property is going back on1 thei tax roll and will only increase as improvements are made. Conditional rezoning will allow for low impact commercial activity, generate sales tax, generate transit occupancy tax, and should generate a modest number of employment opportunities. Also, business activity in the Criglersville area will likely spur others to establish businesses as the school location becomes a focal point. Vice-Chairman Yowell stated having ai rejuvenated building could serve as a vibrant community hub, ai resource by providing meeting space, and could perhaps return their beloved Harvest Dinner. Vice-Chairman Yowell shared examples oft the Board listening to the Criglersville community regarding the Criglersville School. Vice-Chairman Yowell stated Mr. Felix Schapiro has presented proffers that remove: many things that can be done by-right, he listened to the community and scaled back the operations. Vice-Chairman Yowell referenced outside amplified music. opportunity was closed. page 30 oft the Comp Plan that justified rezoning this business. Vice-Chairman Yowell stated Mr. Felix Schapiro must go with rezoning because in A-1 aj person needs three acres per use and a Special Use Permit would be for only one use. Vice-Chairman Yowell mentioned they changed thei rate for rezoning to encourage: people to rezone appropriately rather than getting a Special Use Permit because it was cheaper. Vice-Chairman Yowell stated hei is please someone like Mr. Supervisor Buchanan stated this has been al long first year on thel Board and iti is al lot more difficult than he thought it would be. Supervisor Buchanan stated he believed there has been concessions. Supervisor Buchanan stated he: served on the Economic Development Committee for the County, and they are trying tol bring in business that sticks with the rural culture and not twenty condominiums being built on six acres. Supervisor Buchanan mentioned he lives near Blue Quarts and hears the music, but it does not bother him and his campers at his glamping site enjoy it. The music ends around 10:00 pm-11:00 pm and there is a neighbor who may call requesting the music tol be turned down al bit and the owner always complies. Supervisor Buchanan stated he hopes Mr. Felix Schapiro will do the same. Supervisor Buchanan stated the population is aging and they need to replace thet tax revenue to support the public safety teams. Supervisor Buchanan stated this will be aj positive thing for the community and he isi in: favor of Chairman Jackson asked the County Attorney ifh he had ai response to what was said earlier. The County Attorney stated the question is ift the rezoning is appropriate for this] piece ofland in consideration of the proffers that are given. The County Attorney stated it isi not a question about whether or not you can do it, iti is whether they should, and he is confident in that. Chairman Jackson stated he liked the public outreach, and he came to the realization that all documents the government creates are: meant to be used by citizens against the government. Chairman Jackson stated this goes with the Comp Plan. They have missed opportunities ini the past where good businesses have left Madison due to opposition. Chairman Jackson stated he understood the proximity oft the neighbors in Criglersville, and it is not just their community, but everyone in Madison. There are personal property rights, and they hope Mr. Felix Schapiro will beag good neighbor. Chairman Jackson stated he has heard many negatives for cases that come to thel Board, but no one can tell him one1 that had negative outcomes. Chairman Jackson stated he would never do another noise Ordinance and would vote against it immediately. Vice-Chairman Yowell made ai motion to approve Case No. RZ-10-30-24-03, as proposed by the Planning Commission with the amended proffer #5 to read "All outdoor amplified music shall cease one hour after sunset on Sunday through Wednesday and at 11:00 pm on Thursday through Saturday", seconded by Supervisor Buchanan. Aye: Jackson, Yowell, Buchanan. Nay: Dawson, Felix Schapiro has put forth a vision to repurpose the school. it. Jewett. Abstain: (0). Absent: (0). B. (Case No. 2024-50A-12-18-01) Amendment to BLA Ordinance The definition ofal Boundary Line Adjustment (BLA) is proposed to bei modified in order to alter the platting requirements. This amendment is proposed toj protect the public from undue costs associated with BLAS. Staff did not have anything to add, and the Board did not have any questions. Chairman Jackson opened the floor forj public comment. him toj pass that along to Mr. Burke as well. Chairman Jackson thanked Surveyor, David Lewis for his contribution to this change and asked David Lewis: Mr. Lewis stated he appreciated the Board listening and this change is in the best With there being no further public comment being brought forward, the public comment Supervisor Jewett made ai motion to approve Case No. 2024-S0A-12-18-01 amendment to the BLA Ordinance, seconded by Vice-Chairman Yowell. Aye: Jackson, Yowell, Buchanan, interest oft the County. opportunity was closed. Dawson, Jewett. Nay: (0). Abstain: (0). Absent: (0). PUBLIC COMMENT Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward, the public comment opportunity was closed. CLOSED SESSION None. ADJOURN With there being no further business to conduct, Supervisor Dawson made ai motion to adjourn, seconded by Supervisor Jewett. Aye: Jackson, Yowell, Buchanan, Dayson, Jewett, Nay: (0) Abstain: (0). Absent: (0). - R.Clay. Jackson, Chairman Madison County Board of Supervisors Ar Jonathon Weakley, Clerk Adopted on: January 28, 2025.