AT A MEETING OF THE MIDDLESEX COUNTY PLANNING COMMISSION HELD ON THURSDAY, NOVEMBER 13, 2003, IN THE PUBLIC MEETING ROOM OF THE COOK S CORNER OFFICE COMPLEX, COOK S CORNER, VIRGINIA. Present: Absent: John England, Chairman, Saluda District J.D. Davis, Vice Chairman, Saluda District Jan Dunlevy, Secretary, Jamaica District Joanne Hensley, Pinetop District Seymour Scott, Jamaica District Alvin Wake, Pinetop District George Harris, Pinetop District Russell Sibley, Pinetop District Gordon Jones, Saluda District Lee Weber, Board of Supervisors Priscilla Davenport, Saluda District Matthew Higgins, Planning Director Amy Easterbrook, Planner Cathy Shiflett, Planning Secretary CALL TO ORDER Chairman John England called the November 13, 2003 regular meeting of the Planning Commission to order at 7:30 P.M. APPROVAL OF MINUTES On a motion by Commissioner Davis, seconded by Commissioner Weber, and carried by unanimous vote, the minutes of the September 11, 2003 meeting were approved. PLANNING DIRECTOR S REPORT Mr. Higgins commented that the Board of Supervisor s actions were as stated on the Agenda, and additionally stated there was one case scheduled for the Board of Zoning Appeals in November 2003. PUBLIC HEARING A. Special Exception Application #2003-04. Requesting the approval of a special exception for a repair garage. The property for which application is being made is zoned Low Density Rural (LDR) and is located at 11768 General Puller Highway, Pinetop Magisterial District, Tax Map #38-9-1. Submitted by Allen M. Dubeau. 1
recommending approval of Special Exception Application #2003-04 with conditions that 1) the proposed use must be adequately screened from General Puller Highway with fencing or trees. The Planning Director must approve a screening plan for the site by December 31, 2003, 2) no signage related to the business shall be located on site, 3) no outside display or storage of goods, equipment or materials used in connection to the business shall be permitted outside of screened areas designated for the business, and 4) no more than five (5) vehicles related to the business could be stored on site at one time. Selma Thomas, property owner across the street, stated her concerns that businesses were gradually encroaching into the area, and stated that a petition had been submitted signed by neighbors in support maintaining the area as residential use. Mr. Allen Dubeau, applicant, commented that there are several businesses in the vicinity. Mr. Dubeau stated that his intentions were to have a small low-key one man operation. He stated that there was a 2 stall garage on the property when he purchased it, and he did not intend to expand or employ additional people. Dallas Thomas, adjoining property owner, spoke in opposition to the proposed repair garage. Mrs. Kim Dubeau, applicant, stated that the garage was on a four-acre parcel and that a previous owner had conducted a business on the property. Mr. Higgins responded that the previous property owner was conducting an agricultural operation, which is a permitted use in the Low Density Rural (LDR) District. With there being no further comment from the public Chairman England closed the public hearing. Chairman England commented that the property joins other commercial activities and while not entirely in support of expansion, with proper screening the proposal might be a possibility. Commissioner Weber disagreed, stating her concern that requirements may be placed on a project that could not be enforced in the future. She further commented that she did not want to see the neighborhood diminished. Commissioner Dunlevy suggested adding a condition to review the project after a year or two, allowing the applicant a chance to begin operations and allowing neighbors to express their opinions at that time. Commissioner Weber noted that sounded good, but once again, enforcement was the problem. 2
Commissioner Davis stated that five (5) cars seemed excessive. He suggested that there be no more than three (3) cars in the yard at any time. Commissioner Jones expressed that while he agreed with the concerns stated, with heavy screening, limited bays, and appropriate setbacks, he favored letting the applicant proceed, since the property had been a farm business previously. Chairman England commented that he was not in favor of highway business being expanded in the area, but with the garage set back off the road, and no signs placed on the property, the project would not have a commercial zone appearance. On a motion by Commissioner Sibley, seconded by Commissioner Hensley and carried by a 6-4 vote, with Commissioners Davis, Dunlevy, Jones, and Weber opposing, Special Exception Application #2003-04 was continued until the December 11, 2003 hearing to allow the applicant an opportunity to prepare a better plan to alleviate neighbors concerns. B. Rezoning Application #2003-05. Request for the reclassification of an 8.32-acre parcel from Low Density Rural (LDR) to Residential (R) with proffers. The property proposed for rezoning is located at 101 Brandon Point Road, Saluda Magisterial District, Tax Map #28B- 3-6 and 28B-3-8. Submitted by Paul A. Wiedemann. Chairman England introduced the application. Mr. Higgins stated that Commissioner Davis had noted that adjoining property owners to parcel 28B-3-8 were not notified of the proposed rezoning. Mr. Higgins suggested that the application be continued to allow the property owners to be notified. Commissioner Jones asked if the applicant objected to the continuation. Mr. Wiedemann explained some of the reasons he was requesting the rezoning and had no objection to a continuation of the Application. On a motion by Commissioner Davis, seconded by Commissioner Weber, and carried by unanimous vote, Rezoning Application #2003-05 was continued until the December 11, 2003 hearing. C. Rezoning Application #2003-06. Request for the reclassification of an approximately 29-acre parcel from Low Density Rural (LDR) to Residential (R) with proffers. The property proposed for rezoning is located at on Stormont Road (State Route 629), Pinetop Magisterial District, Tax Map #37-48 (portion of). Submitted by Fairfield Farms, Inc., c/o John Fleet. recommending approval of Rezoning Application #2003-06 as requested. 3
Mr. Dan Downs, resident of Hartfield, stated concerns related to increased traffic on an already dangerous section of State Route 629, Stormont Road. He asked Commissioner Weber if the Board of Supervisor had recommended Stormont Road for improvements in VDOT s five (5) year plan. Commissioner Weber responded that the Board of Supervisors had recommended the portion of concern on Stormont Road to VDOT as the first priority for improvements in the next five years. With there being no further comment from the public Chairman England closed the public hearing. Chairman England noted that he was in favor of the project as an asset to the community. Commissioner Weber expressed that she was impressed that the county has a first class golf course and was in favor of the expansion of the related subdivision. On a motion by Commissioner Weber, seconded by Commissioner Dunlevy, and carried by unanimous vote, Rezoning Application #2003-06 was recommended for approval as submitted. D. Special Exception #2003-05. Requesting the approval of a special exception for a campground. The property for which application is being made is zoned Low Density Rural (LDR) and is located at 218 Eubank Landing Road, Saluda Magisterial District, Tax Map #30-116. Submitted by J. R. Dyke Construction Company. recommending denial of Special Exception #2003-05. Mrs. Cornelia Robinson, local resident, spoke in opposition to the proposal noting environmental impacts to Meacham Creek, safety concerns given the close proximity of the airport runway to the property, safety concerns related to the narrow access street, and concerns to the over impact to the quality of life for neighboring residents. Mr. J. R. Dyke, applicant, explained that the project was not like a regular campground, but a more upscale resort to accommodate Class A Recreational vehicles. He commented that the resort would attract a clientele seeking a quiet environment. Mr. Dyke further commented that the resort would be attractively landscaped and would look better than parts of the surrounding area. 4
Mr. Howard Spencer, local resident, spoke in agreement with Mrs. Robinson s concerns, and stated that the access road would not accommodate the additional traffic generated by upscale 40 motor homes. Mr. Bruce Cox stated that he had recently purchased a home in the area and had invested in improvements there. He commented that he had left an urban area to escape noise, traffic, and congestion and was concerned about the negative impact on the quality of life in the rural area. Mr. Bob Crump stated that he lives in the area and uses the airport frequently. He expressed safety concerns and noted that the takeoff strip is fairly short, and a safety area at then should be preserved. Ms. Lilian Crenshaw stated that she was in the process of purchasing property in the area and expressed opposition to the project. Ms. Crenshaw stated that she was familiar with Class A recreational vehicles, and commented that the narrow road would not accommodate the vehicles. Mr. John Lucas stated that he had recently upgraded his nearby cottage at considerable expense and noted that had he been aware of the proposal, he would not have made the investment. Mr. Lucas expressed his opinion that the campground would downgrade surrounding property values. Mr. Richard Chenery, local resident spoke in opposition, stating that he had moved to the area in search of a quiet, rural, and peaceful area. Mr. Chenery noted that Mrs. Benton, property owner, had complained about airplanes and lighting at the airport during the time she lived adjacent the runway. Mr. Chenery expressed concerns related to increased traffic on narrow streets, and the proposed campground s close proximity to the airport runway. With there being no further comments from the public, Chairman England closed the public hearing. Commissioner Weber stated that she disagreed with and resented some of Mr. Dyke s comments. She stated that the neighborhood was a nice place to live, and that the people living there were the salt of the earth. Commissioner Weber spoke in opposition to the proposed campground and expressed that if allowed, the campground itself would downgrade the neighborhood. Commissioner Davis stated that he had visited the area and found it to be a nice neighborhood with a narrow access street. He expressed concern that land yachts would not fit on the road. Additionally, Commissioner Davis expressed safety concerns in that the proposed campground was located at the end of the airport runway. Commissioner Davis stated that a campground would not be harmonious to the neighborhood. 5
Commissioner England expressed concerns related to the roadway, and the location within the airport approach area. He noted that the campground would be an asset to the County in another area, but the proposed location was not suitable. Commissioner Dunlevy agreed that the upscale recreational vehicle resort concept was good, but this was not the appropriate location due to the concerns previously expressed. Commissioner Jones related that a plane went off the runway several years ago, and landed in the proposed campground site. He further noted that the roads could be improved, but the airport transition zone could not be altered. On a motion by Commissioner Davis, seconded by Commissioner Dunlevy, and carried by unanimous vote, Special Exception #2003-05 was recommended for denial. E. Ordinance Amendment #2003-08. Requesting to make additional mandated changes to Article 4A, Chesapeake Bay Preservation (CBP) District and Article 22, Definitions. The Chesapeake Bay Local Assistance Board is mandating that Middlesex County revise its local regulations to comply with the State s revised Chesapeake Bay Area Designation and Management Regulations by December 31, 2003. Submitted by the Middlesex County Department of Planning and Community Development. recommending approval as requested. With there being no comment from the public Chairman England closed the public hearing. Commissioner Jones questioned the practical enforcement of requiring that The County shall ensure that the owner(s) are notified annually of the requirement to switch the valve to the opposite drainfield. Mr. Higgins stated that this would be more reasonably and effectively enforced by the Health Department. On a motion by Commissioner Davis, seconded by Commissioner Dunlevy, and carried by unanimous vote, Ordinance Amendment #2003-08, as mandated by the Chesapeake Bay Local Assistance Board, was recommended for approval. NEW BUSINESS Mr. Higgins introduced and welcomed Amy Easterbrook as the new Planner/Deputy Zoning Administrator. 6
ADJOURNMENT With there being no further business, a motion to adjourn was made by Commissioner Davis, seconded by Commissioner Dunlevy, and carried by unanimous vote. The meeting adjourned at 8:55 p.m. Respectfully submitted, Jan Dunlevy, Secretary Date 7