1 New Market Planning Commission 2 January 13th, 2025 3 CALL TO ORDER AND ESTABLISHOF QUORUM 4 The regular meeting of the New Market Planning Commission was held on Monday, January 13th, 2025, 5 at 6:30 p.m. The following Planning Commission members were in attendance: Chairman Larry Hale, 6 Bob King, George Daugharty, Tom Linski, Jr., Harry Wine Jr., and Sherri Erbaugh. Member Sonny 7 Mongold was not present. 8 9 Mr. Hale opened the meeting at 6:30 p.m. and established a quorum with six members present. 10 Mr. Hale led all in attendance in the reciting oft the Pledge of Allegiance. 11 12 APPROVAL OF MINUTES: 13 Mr. Hale entertained a motion to approve the minutes. Mr. Linski made a motion to approve the 14 minutes as written. Mr. Daugharty seconded the motion. The motion passed with a unanimous voice 15 vote 5-0. 16 17 18 PUBLIC HEARING: none 19 20 21 OLD BUSINESS: 22 Ms. Barden reported on permits that were approved since the last meeting. There were two zoning 23 permits for new homes at 303 E. Old Cross Road and 307 E. Old Cross Road, a zoning permit for ground 24 solar at 290 E. Old Cross Road, a zoning permit for a deck at 179 W. Lee Highway, two zoning permits for 25 house additions for 164 Early Street, and 9498 Cadet Road. There was also a home occupation permit 26 for a nail salon at 9996 Pleasant View Drive. 27 NEW BUSINESS: 28 Mr. Hale started the first action item for the annual selection of the Chairman, Vice-Chairman, and 29 Secretary for the Planning Commission. Mr. Hale opened the floor for nominations. Mr. Daugharty 30 nominated Mr. Larry Hale for Chairman, and Mr. Wine seconded the nomination. With a unanimous 31 vote of 5-0, Mr. Larry Hale is selected as the Planning Commission Chairman for 2025. For the office of 32 Vice President, Mr. Daugharty nominated Mrs. Sherri Erbaugh, and Mr. Wine seconded the nomination. 33 With a unanimous 5-0 vote, Mrs. Sherri Erbaugh is selected as the Planning Commission Vice President 34 for 2025. For the Secretary position, Mrs. Erbaugh nominated Mrs. Amber Smoot, and Mr. Linski 35 seconded the nomination. With a unanimous vote of 5-0, Mrs. Amber Smoot will be the Planning 36 Commission Secretary for 2025. 37 38 The second action item was the discussion of the proposed Tobacco, Smoke and Vape Shop Ordinance, 39 and Ms. Barden led the discussion and had a PowerPoint presentation. Ms. Barden gave a quick 40 background and summary of the reasons behind the proposed ordinance. Ms. Barden explained the text 41 amendments that would incur to implement the ordinance, The ordinance would introduce a new clear 42 definition for a Tobacco, Smoke, and Vape Shop under the zoning ordinance. She explained that they are 43 proposing that Tobacco, Smoke and Vape Shops require conditional use permit allowed in zones B-1 and 3of7 44 B-2 only. For the conditional use permit, any new businesses that fall under the tobacco, smoke, and 45 vape shop category would have to submit a conditional use permit. The permit is then reviewed by staff 46 and presented to the Planning Commission for recommendation. If it is recommended, a joint public 47 hearing will be held, and then the Town Council will be able to vote whether to approve the permit. Ms. 48 Barden explained the other changes would be to Section 10-60 (v.) that updates the wording for retail 49 stores in B-1 permitted uses. The changes would be the wording "drug store" to "pharmacy", 1 and adds 50 the phrase "excluding tobacco, some, and vape shops to clarify the exclusions. Ms. Barden recognized 51 the existing businesses and explained the new ordinance will not impact them; however, they would be 52 classified as nonconforming or grandfathered'. She did note that if the business closes there is a two- 53 year: sunset period during which another similar business can open without requiring a conditional use 54 permit. Any expansion or addition to their business would require a conditional use permit to be 55 considered conforming. 56 57 Mr. Daugharty inquired about the reason for the existing businesses to be deemed nonconforming. Mr. 58 Garrison explained that since we would be enacting a new ordinance, they would be grandfathered in 59 and would not need to submit a conditional use permit to continue to operate. Mr. King inquired about 60 the process and how it is determined what they have in their store. Mr. Garrison explained that with the 61 conditional use permit it allows the Planning Commission and the Town Council the ability to set the 62 standards. This keeps the ordinance from being too restrictive and allows it to be more flexible. Mrs. 63 Erbaugh stated she thinks the ordinance is good. Mr. Hale stated the felt it was good and well written. 64 Ms. Barden explained the next steps would be for the Planning Commission to agree to move forward 65 with the ordinance. Then a joint public hearing would be held with the Town Council, and after the joint 66 public hearing, the Town Council may vote on the ordinance. 67 68 Mr. Garrison explained that staff need the Planning Commission to vote to move forward with the 69 ordinance. Mr. Daugharty made a motion to allow staff to move forward with scheduling a joint public 70 hearing for the proposed Tobacco, Smoke and Vape Shop ordinance. Mrs. Erbaugh seconded the 71 motion, and with no further discussion the motion carried with a unanimous voice vote of 5-0. The 72 proposed text amendments and the PowerPoint presentation will. be with the notes. 73 74 Mrs. Erbaugh inquired about an update on the Village at Smith Creek project. She stated that the 75 deadlines they proposed were coming up, but it didn't look like they would meet them. Mr. Garrison 76 explained that although there has been a lot of progress, they would not have any rooftops done by 77 February. Mr. Garrison gave an update on what work has been completed at this point and fielded 78 questions from the Planning Commission members. He did confirm that the project was bonded. He did 79 not have an official date for the completion, but it is underway. There will be 26 new units, and we 80 currently have some zoning permits submitted for some houses there. There was discussion about the 81 types of units, and the façade of the units. 82 Mr. Daugharty had a follow-up question for the Tobacco, Smoke, and Vape Shop Ordinance. He inquired 83 about the type of hemp products it was mentioning. He also asked for the definition of the word 84 kratom. Ms. Barden explained that the Virginia Code definition is that they are products that are 85 typically marketed as a herbal product that may have a stimulant or relaxing effect. Mr. Daugharty 86 inquired on the definition of the tobacco, smoke and vape shops wording and the reason for the 87 structure of the definition, and noted that some of the wording seemed to be confusing. After 4of7 88 discussion about the goal of the definition, the wording and structure, Mr. Garrison asked the Planning 89 Commission if the staff were to amend the proposed text to add the wording, 'And hemp products, 90 along with any kratom products' to the second sentence of the current proposed definition. All Planning 91 Commission members agreed with the additional wording. 92 93 ADJOURNMENT 94 With no further business to discuss, at 7:10 p.m., Mr. Linski made a motion to adjourn the 95 meeting. Mr. Daugharty seconded the motion which passed on a unanimous 5-0 voice vote. 96 97 98 Ambe Smoot, Secretary 50f7