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Split Board Denies Permit After Lengthy Hearing
The Board of Supervisors on Monday voted 3-2 against a special events venue proposed in the Irish Creek area in northeastern Rockbridge County.
David McDaniel cast the decisive vote. Prior to the vote, McDaniel pushed for additional conditions to be attached to a special exception permit that had been recommended by the Planning Commission.
McDaniel asked that the number of special events be limited to no more than 20 per year, rather than 50, as had been recommended by the Commission. He also asked that the number of cars at each special event be limited to 60, rather than the recommended 75, that the events be held only on Fridays and Saturdays instead of any days but Sundays, that the events end by 9 p.m., rather than 10 p.m., and that a property owner be required to be present to manage each event.
Instead of accepting these additional conditions, Dan Lyons made a motion to approve the special exception permit with just the original conditions recommended by the Planning Commission. The motion failed on a 3-2 vote, with McDaniel joining Leslie Ayers and Bob Day in voting against it. Lyons and Jay Lewis voted in favor of the motion.
This was actually the second vote taken on the issue Monday. The first motion was made by Day to deny the permit. It was defeated 3-2 also, with Day and Ayers supporting it while Lewis, Lyons and McDaniel voted against it.
The votes followed a lengthy public hearing in which 22 citizens spoke against the plans Lew and Kendra Hamilton had for holding weddings and other special events on property they own off of Black Bear Trail on the east side of Irish Creek Road (Va. 603), approximately 4.06 miles east of the intersection with South River Road (Va. 608).
Adding to the traffic on narrow, curvy, unmarked Irish Creek Road was one of the predominant reasons the speakers offered for opposing the special exception permit. Neighbors also objected to hav- ing their peace and serenity disturbed in this remote, quiet locale.
Ron Blackwood said he appreciates the improvements the Hamiltons have made to their property on Irish Creek, “but I can’t support what they’re [proposing]. I’m a developer. I’m all for development. This is not the place for development. It’s peaceful, it’s quiet.” The plans, he said, are “inconsistent with the intended land use regulations and the comprehensive plan. I’m probusiness development but not in Irish Creek.”
Eric White said a special events venue would adversely affect property values and would have a negative impact on “traffic, safety, water use and pollution.”
Kathy Tomblin said her biggest concern is “the wells on Irish Creek. We live in an area with an aquifer. If you overuse, your well can go dry and your neighbors’ wells can go dry. That’s terrifying. I hope you’ll say no to this exemption.”
Isibel Vance spoke of ill effects she believes the venue would have on water quality and the environment. As for traffic, she mentioned a cross placed on the side of Irish Creek Road in remembrance of a past fatality. “It speaks a pretty powerful message. I know I look at that cross every time I drive past it. I count my lucky stars each time I see it. I try to be careful.”
Kristy Vance said, “This just isn’t the right spot [for a special events venue].” She noted that other such venues approved in the county don’t have “National Forest, Parkway, stocked trout streams.”
Petitions with signatures of more than 400 people opposing the plans were presented to the supervisors. Letters were received by the county from both opponents and proponents of the plans.
“You guys have got a tough job,” Lew Hamilton told the supervisors. “One way or another, someone’s going to disagree [with the decision that’s made] … If this is God’s will, it will be. If it ain’t, he’s got a bigger plan and we’ll figure it out.”
Following the public hearing, Lewis said he wanted to make it clear that he’s gotten positive as well as negative comments from citizens he’s heard from concerning the Hamiltons’ plans.
Lyons said he too has heard from people both supporting and opposing the plans. “It’s a tough decision.” He said he’s been impressed with the care the Hamiltons have taken in putting their plans together. As for the traffic concerns, he acknowledged that the road is narrow with blind curves but that’s typical of roads throughout Rockbridge County. He said he’s “very impressed” with the Hamiltons’ plans for an engineered septic system to safeguard the groundwater.
After visiting the site, Ayers said she was “struck by how beautiful and private and serene it is. She said she admires the Hamiltons and their success in business but she feels that the site isn’t right for the proposed use. It’s in a “bowl,” she said, making it impossible to shield neighboring properties from the noise. “I wouldn’t want to attend 50 weddings a year if I was your neighbor.”
There’s not enough land surrounding it to protect the neighbors, she said. “I feel it would be one neighbor capitalizing on the serenity of the site at the expense of everybody – all their neighbors. … There has to be some kind of guardrails on what we can do in a community.”
Day said he has “received many a call” by folks opposed to the plans. “Being an elected official, I think I have to answer to my citizens, people who elected me. From what I’m hearing from them tonight, they’re opposed to it. So, therefore I make a motion that we deny the request for a special events venue.”
Asking Day to hold the motion for a moment, Mc-Daniel said he’d had plenty of interactions with people who both opposed and supported the project. He said he’s very impressed with what the Hamiltons have done to improve their property and he doesn’t believe they’re planning anything that would devalue anyone else’s property. He noted how much traffic goes on Irish Creek Road on days when the stream is stocked with trout.
McDaniel said he was preparing to support the special events venue prior to the meeting but the comments that had been made caused him to be unsure of what to do. So, he proceeded to offer the aforesaid conditions to mitigate the impacts of the venue on neighbors.
Day asked to renew his motion to deny the permit. Ayers, who was chairing the meeting, handed the gavel to Lyons so she could second the motion, which failed on a 3-2.
After listening to McDaniel’s suggestions for additional conditions, Lyons made his motion to approve the special exception permit with just the conditions recommended by the Planning Commission. It too failed on a 3-2 vote.
