Case 2:17-cv-04377 Document 15-2 Filed 02/05/18 Page 1 of 6 PagelD 135 IN THE COUNTY COMMISSION OF FAYETTE COUNTY, WEST VIRGINIA RE: CHANGE IN LAND CLASSIFICATION REQUEST FOR MOUNTAIN VALLEY PIPELINESeptember, 2017 came Mountain Valley Pipeline, LLC, (hereinafter referred to as MVP) upon an Change in Land Classification application duly filed with the Office of Zoning Enforcement, pursuant to an Order of the Fayette County I Commission setting the matter for public hearing and a subsequent meetings of the Fayette County Commission on September 15, 2017 and November 17, 2017. After a thorough review of all documents filed herein, and considering the public comments by the citizens of Fayette County, the Fayette County Commission now makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. In 2001 the Fayette County Commission adopted a revised county?wide comprehensive plan to fully address land use planning in Fayette County. That plan was amended in 2011. 2. The Fayette County Commission adopted the Unified Development Code in 2002 setting forth the procedure for changing land classification in Fayette County, West Virginia. The intent of land use planning in Fayette County is described in the introduction to Chapter 5 of the county?s 2001 Comprehensive Plan. Case 2:17-cv-O4377 Document 15-2 Filed 02/05/18 Page 2 of 6 PagelD 136 3. The Comprehensive Plan in Fayette County is a carefully developed plan to identify areas in the county that are most suitable for various types of development and those that are not. It is a plan to help maintain and enhance the quality of life for current and future residents. It is a good stewardship and ethical guideline to attempt to achieve a balance between Nature and Commerce in Fayette County. 4. The specific goals of the plan are framed in the context of protecting scenic vistas, farmland, environmental quality, and the overall rural nature of the in Fayette County from the interests of developers who might devalue these assets for the sake of private profits. 5. The heavy industrial districts identified in the Fayette County Comprehensive Plan are on the US 19 Corridor between Mount Hope and Hico and on the US 60 corridor between Gauley Bridge and Montgomery. These areas have served and are expected to continue to serve as commercial and industrial centers in the county. Definition of these districts are a way to prevent outward sprawl of development protecting and preserving the open character of Fayette County's outlying agriculture and rural areas. 6. The economy of Fayette County has historically included some industrial jobs, primarily in the mining sector, and there are occasional mentions of this in the plan submitted by MVP. Natural resource extraction, however, is not emphasized as a sector for long-term economic growth, and Chapter 7 of the plan specifically details the need to retrain workers and transition to a service and tourism-based economy. 7. The comprehensive plan indicates that commercial, residential, and industrial development be concentrated in Development Service Districts along Rte. 19 and Case 2:17-cv-O4377 Document 15-2 Filed 02/05/18 Page 3 of 6 PageID 137 Rte. 60 in order to protect the rural and open character of the landscape in the rest of the county (pg. 8. On or about August 2, 2017 MVP filed with the Fayette County Office of Zoning Enforcement an application seeking a change in land classification for three separate parcels in the Danese/Meadow Bridge Planning District. 9. Those parcels consist of the following tracts: Parcel 6.1 74.56 acres, more or less, New Haven District, Fayette County, West Virginia, as described in Deed Book 728 at Page 260; Parcel 14 40.32 acres more or less, New Haven District, Fayette County, West Virginia, as described in Deed Book 741 at page 707; Parcel 15 16.66 acres more or less, New Haven District, Fayette County, West Virginia. 10.All of the aforementioned tracts are currently zoned Rural Residential. 11.The Danese/Meadow Bridge Planning District, which is the District in which the subject property is located, is zoned primarily Rural Residential and Land Conservation. 12. Specific community goals identified by the residents of the Danese/Meadow Bridge Planning District are articulated in each chapter of the plan; Chapters 6 and 7 address commercial and economic development. Residents of this district are primarily concerned with maintaining their peaceful surroundings; preserving the environmental and aesthetic quality of the district; and obtaining adequate retail and emergency services to meet the needs of local residents. 13.There exists a clear need for jobs in the district, and opportunities to develop agriculture, retail and services, and amenities for tourists are identified as priorities. There is emphasis on promoting and supporting locally-owned businesses, and Case 2:17-cv-04377 Document 15-2 Filed 02/05/18 Page 4 of 6 PagelD 138 they also identify the possibility to recruit retirees and telecommuters who want to enjoy ?peaceful surroundings and natural beauty.? 14.A lack of adequate emergency service protection (fire, police, and ambulance) is another major concern of the people in the Danese/Meadow Bridge Planning District (pg. 11-1 and update 1-3). This concern first surfaced when the comprehensive plan was drafted in 2001, and again when it was updated in 2010 (presumably because little progress had been made to address the issue), The comprehensive plan clearly states, ?The Fayette County Planning Commission needs to keep these issues and concerns at the forefront when zoning requests come which are related to these issues? (update pg. 4). 15. Danese/Meadow Bridge district is primarily rural in nature and makes it a desirable place to live and farm. The predominant zoning in this area is rural Residential and Agricultural and this district has the 2nd largest conservation district in our county. In Chapter 5, Section XI "Summary of The Land Use Planning Concept" it states, "Whenever conflicts develop as to which category of use should apply, the more specific or highly restrictive category should govern policy." 16.The residents of Fayette County had and have a voice regarding their respective planning district. The majority of residents have made it clear that they are strongly, opposed to the rezoning and reclassification of this land. They have vested interests and live in this part of Fayette County for the most part because of the landscape and desirable character in this district. Case 2:17-cv-O4377 Document 15-2 Filed 02/05/18 Page 5 of 6 PagelD 139 17.The Fayette County Commission is charged to protect this residential and agricultural land and also the quality of life the people have there. 18. The Comprehensive Plan, UDC and zoning in Fayette County are the tools in place for the Fayette County Commission to do so, no longer leaving our county helpless against developers from destroying our County's scenic beauty, and farmlands. CONCLUSEONS OF LAW 19.The Fayette County Commission concludes that the change in land classification of the aforementioned properties from rural residential to heavy industrial for the purpose of a compressor station is Wholly inconsistent with the Comprehensive Plan and the Unified Development Code. 20.This request from MVP clearly does not: a. Protect and encourage the health, safety, and general welfare of the present and future population of Fayette County; b. Guide the future growth and development of Fayette County in accordance with adopted Comprehensive Plan; 0. Encourage growth and development in areas where sewer, water, schools, and other public facilities are, or will, soon be available in order to provide services in the most cost-effective manner; d. Insure that growth and development are both economically and environmentally sound; e. Encourage an agricultural base in the County; {Case 2:17-cv-04377 Document 15-2 Filed 02/05/18 Page 6 of 6 PageID 140 j. public facilities and services; Encourage an improved appearance of Fayette County with relationship to the use and development of land and structures; Encourage the conservation of natural resources; Provide a guide for public action and the orderly and efficient provision of Provide a guide for private enterprise in developing and building a community with healthy businesses and knit neighborhoods; Encourage historic preservation. The Fayette County Commission hereby finds that the request for change in land classification filed by Mountain Valley Pipeline, LLC is wholly inconsistent with the Comprehensive Plan of Fayette County, West Virginia and therefore is hereby DENIED. Dated this 26th day of January, 2018, nunc pro tunc to November 17, 2017. ow SIDEN - i-iN G. BRENEMEN FOMMISSIONER DENISE A. SCALPH COMMISSIONER