Text Amendment to Allow Building Service Establishment in Agricultural Zone at County Planning Commission Meeting

At a meeting of the County Planning Commission on Wednesday, September 10, an item that had been tabled at a previous meeting reappeared for a verdict to be rendered. It concerned a text amendment appearing on the same agenda with a related item for a conditional use permit, allowing a “building service establishment” in the agricultural zone. At a previous meeting, Commissioners Hugh Henry and William Gordon had taken opposing views on the appropriateness of such an establishment in the agricultural zone, Henry upholding it as a necessity and Gordon questioning whether it might compromise the agricultural nature of the zone in which it is located. On Wednesday evening, the majority stood in favor of the text amendment, while Gordon maintained his position, although he did subsequently vote in favor of the conditional use permit for such an establishment on Guard Hill Road.

The County Planning Commission sits down for a meeting on the evening of Wednesday, September 10. Royal Examiner Photo Credits: Brenden McHugh.

The proposed definition for building service establishment is: “A facility providing services for residential, commercial, institutional, or light industrial structures such as exterminator, plumber, decorator, electrician, or heating, ventilation, and air conditioning (HVAC) or other appliance service and related equipment storage, staging, and repairs.” If allowed in the agricultural zone, it would only be allowed by a conditional use permit. Such was the recommendation of the commission to the Board of Supervisors.

Nicholas Cumings, legal representative of Stafford One Investments, LLC, addresses the commission regarding a rezoning and a conditional use permit.

Paul Rosner speaks on behalf of the applicant for a text amendment and a conditional use permit.

Upon reflection, one can see Gordon’s point. Having already departed from agricultural use, why augment the departure? If zoning designations are to be respected, creating zoning hybrids potentially renders the designations meaningless. Gordon stood on Wednesday night for adhering to rules, and one can only respect that position. After all, what is the purpose of government except to uphold the rules? It does seem to be a matter of discernment, though, as the presiding body is allowed to make exceptions as it sees fit. This may, in many circumstances, be easier than a rezoning. If the building service establishment does not tread upon the territory of retail and maintains its character as an auxiliary, this type of enhancement for mixed use may be appropriate.

Zoning Administrator Chase Lenz (L) and County Attorney Jordan Bowman (R).