Agenda Joint Meeting Madison County Board of Supervisors * Wednesday, April 2, 2025 at 7:00 PM Admin. Building Auditorium, 414 North Main Street, Madison, Virginia 22727 dison Cas Call to Order Determine Presence of a Quorum/Adoption of Agenda Public Comment Public Hearings A. (Case No. SU-02-25-1) Two Rivers - Special Use Permit Application Kari Gaviria has applied for a special use permit to operate a primitive campground on a 48.347 acre (GIS) parcel known as Madison County tax map 40-95A. The parcel is zoned A-1 (Agricultural). The parcel currently contains a residence that is being utilized as a short-term rental, and campsites that meet the definition ofl Madison Zoning Ordinance, article 20-31. B. (Case No. SU-02-25-2) Black Cat Antiques Special Use Permit Application Carey (Angie) Brown has applied for a special use permit to operate an Antique Craft and Gift shop in accordance with Madison County Zoning Ordinance 3-2-5, and an Auction Establishment in accordance with Madison County Zoning Ordinance 4-2-23 for a 36.77 acre (GIS) parcel known as Madison County tax map 45-21. The parcel is zoned A-1 (Agricultural). C. (Case No. RZ-02-25-2) AC Limited Partnership - Rezoning Application Carrie Brown has applied on behalf of AC Limited Partnership to rezone a 2.136 acre parcel (GIS) known as Madison County tax map 55-38B from A-1 (Agricultural) to B-1 (Business). No project is currently planned for the parcel. D. (Case No. SD-02-25-1) - Subdivision of Madison County Tax Map 42-33 Walter Sampsell has applied on behalf ofMark A Moorstein to subdivide the parcel identified as Madison County tax map 42-33. The parcel is currently 28.5947 acres (survey) and is proposed to be divided to create three new parcels, plus the residual. E. (Case No. RZ-02-25-1) Jonathan Nichols - Rezoning Application Jonathan Nichols has applied to rezone a 5.532 acre portion of a the parcel known as Madison County Tax Map 44-3 (total acreage is 77.112 per survey) from C-1 (Conservation) to A-1 (Agricultural). If rezoning is approved, the applicant intends to subdivide the property. F. (Case No. 2024-ZOA-12-18-02) Adoption of Personal Campground definition. The adoption of a definition for a personal campground is being proposed to allow for by-right recreation on private property but regulate the use of recreational vehicles (RVs) and tents to prevent their use as permanent residences. New Business Information/Correspondence Public Comment Closed Session Adjourn 118Page. MADISON COUNTY BOARD OF SUPERVISORS' MIEETING Date: 7:00PM Wednesday, April 2, 2025 Location: Admin. Building Auditorium, 414 N. Main Street MEETING #16 April 2nd At a Joint Meeting between the Board of Supervisors and the Planning Commission on Wednesday, April 2, 2025, at 7:00PM in the Admin. Building Auditorium: PRESENT: R. Clay Jackson, Chairman Jud Buchanan, Member Dustin Dawson, Member James Jewett, Member Jonathon Weakley, County Administrator Allen Nicholls, Planning & Zoning Administrator Hannon Wright, County Attorney Kimberly Turner, Deputy Clerk ABSENT: Carty Yowell, Vice-Chairman 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 QUORUMIADOPTION OF AGENDA Chairman Jackson advised that a quorum was present. Chairman Jackson advised adding the following under Closed Session: 2.2-3711(A)I) for personnel Supervisor Dawson made a motion to approve the agenda as amended, seconded by Supervisor Jewett. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. 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 A. (Case No. SU-02-25-1) Two Rivers - Special Use Permit Application Ms. Kari Gaviria has applied for a special use permit to operate a primitive campground on a 48.347-acre (GIS) parcel known as Madison County tax map 40-95A. The parcel is zoned A-1 (Agricultural). The parcel currently contains a residence that is being utilized as a short-term rental, and campsites that meet the definition ofMadison Zoning Ordinance, article 20-31. 119/Page The Planning & Zoning Administrator did not have anything additional to add. Supervisor Jewett stated Case. A, B, and C were all good projects that aligned with the Comp Plan and the Economic Development Plan. Supervisor Buchanan mentioned he heard a public concern regarding a gun range and inquired if there would be any shooting of guns. The applicant, Ms. Kari Gaviria, stated there would be no guns and mentioned she would live there and could address any problems. Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward; the public comment opportunity was closed. Supervisor Dawson made a motion to approve Case No. SU-02-25-1 as recommended by the Planning Commission, seconded by Supervisor Buchanan. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0). Abstain: (0) Absent: Yowell. B. (Case No. SU-02-25-2) Black Cat Antiques - Special Use Permit Application Ms. Carey (Angie) Brown has applied for a special use permit to operate an Antique Craft and Gift shop in accordance with Madison County Zoning Ordinance 3-2-5, and an Auction Establishment in accordance with Madison County Zoning Ordinance 4-2-23 for a 36.77-acre (GIS) parcel known as Madison County tax map 45-21. The parcel is zoned A-1 (Agricultural). The Planning & Zoning Administrator did not have anything additional to add. Chairman Jackson asked for confirmation that the Planning Commission recommended that only online auctions be allowed. The Zoning Administrator confirmed there would not be any live auctions, mentioning this was ensured by the language in the conditions. The applicant, Ms. Carey (Angie) Brown, did not have anything additional to add. Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward; the public comment opportunity was closed. Supervisor Jewett made a motion to approve Case No. SU-02-25-2 as presented by the Planning Commission, seconded by Supervisor Dawson.. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Kowell. C. (Case No. RZ-02-25-2) AC Limited Partnership = Rezoning Application Ms. Carrie Brown has applied on behalf of AC Limited Partnership to rezone a 2.136-acre parcel (GIS) known as Madison County tax map 55-38B from A-1 (Agricultural) to B-1 (Business). No project is currently planned for the parcel. 120 IPage The Planning & Zoning Administrator stated this application was in line with the Highway 29 Corridor Study and the Comp Plan and he was in favor ofit. The applicant, Ms. Carrie Brown, did not have anything additional to add. Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward; the public comment opportunity was closed. Supervisor Buchanan made a motion to approve Case No. RZ-02-25-2 as recommended by the Planning Commission, seconded by Supervisor Dawson. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. D. (Case No. SD-02-25-1) - Subdivision of Madison County Tax Map 42-33 Mr. Walter Sampsell has applied on behalf ofMark A Moorstein to subdivide the parcel identified as Madison County tax map 42-33. The parcel is currently 28.5947 acres (survey), and it is proposed to be divided to create three new parcels, plus the residual. The Planning & Zoning Administrator did not have anything additional to add. The applicant, Mr. Walter Sampsell, did not have anything additional to add. Chairman Jackson opened the floor for public comment. With there being no public comment being brought forward; the public comment opportunity was closed. Supervisor Dawson made a motion to approve Case No. SD-02-25-1 as recommended by the Planning Commission, seconded by Supervisor Jewett. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Kowell. E. (Case No. RZ-02-25-1) Jonathan Nichols - Rezoning Application Mr. Jonathan Nichols has applied to rezone a 5.532-acre portion oft the parcel known as Madison County Tax Map 44-3 (total acreage is 77.112 per survey) from C-1 (Conservation) to A-1 (Agricultural). If1 rezoning is approved, the applicant intends to subdivide the property. The Planning & Zoning Administrator stated this is a rare occasion where upzoning conserved the land, and it met the goals described in the Comp Plan. The applicant, Mr. Jonathan Nichols, did not have anything additional to add. Chairman Jackson opened the floor for public comment. Scott Benning: Mr. Scott Benning expressed conçerns about setting a precedent for converting conservation land. With there being no further public comment being brought forward; the public comment opportunity was closed. 121IPage Supervisor Jewett expressed his hesitation with rezoning unless there was a good reason for the owner and the County. Supervisor Jewett mentioned his concerns with setting a precedent and stated he would have difficulty approving this case. Chairman Jackson stated the precedent is already set and gave examples ofwhen they have done this in the past. There was further discussion regarding past similar cases and the precedent this may set. Supervisor Dawson made a motion to approve case no. RZ-02-25-1 as recommended by the Planning Commission, seconded by Supervisor Buchanan. Aye: Jackson, Buchanan, Dawson. Nay: Jewett Abstain: (0) Absent: Yowell. F. (Case No. 204-ZOA-12-18-02) Adoption of Personal Campground definition. The adoption of a definition for a personal campground is being proposed to allow for by-right recreation on private property but regulate the use of recreational vehicles (RVs) and tents to prevent their use as permanent residences. The Planning & Zoning Administrator did not have anything additional to add. Supervisor Jewett inquired ifhe could camp on his property in a tent. The Planning & Zoning Administrator stated he could do it for thirty days, but it could not be a permanent residence. Supervisor Buchanan inquired if this was a big issue in the County. The Planning & Zoning Administrator explained how this definition came to be, highlighting an applicant who was installing RV pads for recreation use on his property. The applicant currently would have to follow the provisions for a commercial campground. The purpose oft this definition is to allow people to have a campsite on their property as long as it is not for compensation. This will preserve the right to recreationally camp on your own property while providing enforcement tools for people who try to live in their RVs. Supervisor Buchanan expressed concerns about the potential for overregulation and the impact on personal property rights. The County Attorney explained that the Ordinance states that ifit is not specifically allowed, it is prohibited. The intention of this definition was to allow more rights than are currently allowed. The County Administrator referenced the Preliminary Development Review Committee meeting when this came up. Supervisor Buchanan further explained his concern about not allowing someone to camp on their property once a month. 122 I Page The Planning & Zoning Administrator clarified that the purpose of this definition is to make this an allowable by right use. The Board discussed the definition further and eliminated some of the restrictions listed to now read as follows: Personal campground. An area ofl land developed by the owner to accommodate friends and/or family, not in exchange for rent, lease or otherwise in return for compensation, not to exceed 30 consecutive days, and in tents, campers, recreational vehicles, or travel trailers, designed for single families. Personal campgrounds must comply with regulations for sanitation imposed by the Madison County Health Department. A maMimumaFwP-eeNvalidepaap-erdlevtiltyamdae may-beallewed-on-every-tive-aeresefpreperty-Ne-camperOFReye-Fateailerspace-shal contain-less-than-1,000sgareetoFars-Nesampererivehmaerspaeeshal-beless han-25-feetin-winwidth-Ne-emperortrayel-trailershall-beleeated-eleserthan-12-feet-te nothereamperortreve-trailer. Three or more camp sites require a campground permit issued by the Madison County Health Department. The County Attorney recommended re-advertising due to the changes. Supervisor Dawson made a motion to send the definition back to the Zoning Administrator and County Attorney with amended direction and have them bring it back before the Board, seconded by Supervisor Buchanan. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. Chairman Jackson inquired if the Board was in agreement with the Comp Plan as presented. The Board agreed. PUBLIC COMMENT Chairman Jackson opened the floor for public comment. Phil Hawkins: Mr. Phil Hawkins raised conçerns about the enforcement and inspection ofthe stormwater management plans and sediment control. With there being no further public comment being brought forward; the public comment opportunity was closed. CLOSED SESSION 2.2-3711(A)(1) for personnel Supervisor Dawson made a motion to convene in a closed session pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel, seconded by Supervisor Jewett. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Kowell. 123Page Supervisor Dawson made a motion to re-convene in open session, seconded by Supervisor Jewett. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. Supervisor Dawson made a motion to certify by roll-call vote that only matters lawfully exempted from open meeting requirements pursuant to Virginia Code Section 2.2-3711(A)(I), and that was identified in the motion to convene in closed session, were heard, discussed, or considered in the closed meeting, seconded by Supervisor Jewett. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. As a result ofthe Closed Session, the Board did not take further action. ADJOURN With there being no further business to conduct, Supervisor Jewett made a motion to adjourn, seconded by Supervisor Buchanan. Aye: Jackson, Buchanan, Dawson, Jewett. Nay: (0) Abstain: (0) Absent: Yowell. R. Clay Jackson, Chairman Madison County Board of Supervisors Jonathon Weakley, Clerk Adopted on: April 22, 2025. 124 IPage