Northampton County Joint Local Planning Commission March 5, 2008

Transcription

1 MINUTES Northampton County Joint Local Planning Commission March 5, 2008 This was a regular meeting of the Northampton County Joint Local Planning Commission held on Wednesday, March 5, 2008 in the former circuit courtroom located at Courthouse Road in Eastville, Virginia, for the purpose of conducting regular business. Those members present were Peter Kafigian, Chairman; Mary Miller, Vice-Chair; Melody Scalley, L. J. Cookie Francis, David Fauber, David Scanlan, and Ernest Gardner. Those members absent were Marsha Carter and Donna Bozza. Also attending the meeting were Sandra Benson, Director of Planning & Zoning; and Kay Downing, Administrative Assistant. The meeting was called to order at 7:04 p.m. and a quorum established. Consideration of Minutes: The minutes of February 6, 2008 were approved with the following corrections to page four: sixth paragraph, second sentence should be clarified to reflect that the information should be received in a timely fashion; and the last paragraph, last line, correct the name of the building to Eastville Bingo Hall. Motion to approve with corrections was made by Commissioner Scanlan and seconded by Commissioner Fauber with Chairman Kafigian abstaining as he was absent from the February meeting. Public Hearings: The first public hearing was called to order. A. Special Use Permit NHCO: David Kabler has filed to operate a bed and breakfast at Church Neck Road. The property, zoned A-1 Agriculture, contains 5 acres of land and is described as being parcel 13A of Tax Map 28, double circle A. The Chairman read the staff recommendation for the record as follows. The Northampton County Health Department has approved the proposed use of the single-family dwelling to a Bed and Breakfast Inn (B & B) based on two (2) guest bedrooms. Mr. Kabler has applied to the Northampton County Building Department for a change of use permit. There is ample parking area on the site, and it would appear that the proposed use would in no way adversely impact the vicinity in which it would be located. Minutes of March 5,

2 Mr. Kabler stated that the request is straightforward noting that the property is isolated with woodlands and a 1,100 acre farm to the north. He stated that the nearest home is ¼ mile away. Mr. Kabler noted that the house has 3 bedrooms and he resides on the premises. The area is ideal for bird watching, wildlife photography, and paddle craft activity since the property fronts on a tributary of Warehouse Creek that opens to the Bay. The Chairman called for public comments. Mr. Roger Mariner, a local citizen, stated that he is Mr. Kabler s closest neighbor by boat and asked the commission to recommend approval of the request. There being no further comments the public hearing was closed. Commissioner Gardner asked if horse stables are proposed. Mr. Kabler stated he does not have accommodations for horses at this time, but that the area is very suitable for horseback riding and it may be an option in the future if warranted. Ms. Benson stated that this application is for a bed and breakfast operation only. Commissioners Scalley and Scanlan agreed that the proposal meets the objectives of the comprehensive plan to support eco-tourism. Commissioner Fauber asked if the building department had approved the use of the home as a bed and breakfast. Ms. Benson stated that the use cannot be operated without the building official s approval for a change of use. Motion to recommend approval to the Board of Supervisors pending approval of the change of use by the Northampton County Building Department was made by Commissioner Miller and seconded by Commissioner Fauber. The motion carried by unanimous vote. Matters from the Public: The Chairman called for public statements at this time. Mr. Roger Mariner read the following letter for the record that had been received by the Department of Planning and Zoning on February 25, Thank you for the opportunity to comment regarding the proposed Comprehensive Zoning Ordinance Amendment as it pertains to signs. As you know I own and operate a retail establishment known as The Great Machipongo Clam Shack on Lankford Highway just north of the Nassawadox stoplight. It s the kind of business that relies almost entirely on its signage on the highway for passersby to stop on impulse and shop in my store. I must admit that for my business, more is better more signs, not larger signs Minutes of March 5,

3 and I am very concerned about the proposal to reduce the size and number of signs allowed for commercial properties along Rt. 13. The provisions on signage contained in the proposed zoning ordinance go a long way towards beautifying and enhancing the overall travel experience along the highway, but if the proposed ordinance is passed intact, it will literally wipe out the bulk of businesses like mine. A sign measuring only 4 x 8 may be good and adequate for a professional office, i.e. bank, doctor or layer or a recognized franchise businesses such as McDonalds, but is not nearly enough sign support for a retail business that relies on impulsive shopping for its revenue. There must be some way to address the different needs of various businesses located on the highway because what may be just right for one business may be disastrous for another. Let me suggest that for a retail business the minimum sign area should remain 100 square feet for each freestanding sign and up to 200 square feet of sign area proportionate to the size of the building s walls. In addition, a business like mine needs at least five other smaller character signs that should not exceed 10 square feet in area each. These signs act as triggers that help motorists decide to stop and shop in my business. My experience shows that without them my business would suffer a severe cutback in sales. I am certain that other retail businesses located along the highway have similar requirements to make their establishments services stand out to traffic passing by at 55 mph. I hope that Northampton County officials will support the needs of retail businesses located on Lankford Highway. Please allow adequate signage, not minimum signage, to guide your judgment in drafting the signage ordinance in the zoning amendments now under consideration by the Joint Local Planning Commission. Please call me if I can offer further explanations on this matter. Sincerely yours, Roger Mariner Mr. Mariner also stated that he had conducted a study showing that what is proposed in the draft zoning ordinance sign regulations will be detrimental to his business. After hearing Mr. Mariner s comments Commissioner Scanlan suggested that other business owners input may be warranted and that a cookie-cutter sign ordinance is not feasible. Mr. Mariner added that his commercial business has provided employment to 17 people this past year and contributes to the county s food tax sales revenue. He noted that his four billboards alone cost $30,000 per year to rent. Commissioner Scanlan stated that it is not the commission s intent to harm any county business; however, the county comprehensive plan must be adhered to and be reflected in zoning regulations. Minutes of March 5,

4 Commissioner Scalley asked Mr. Mariner how his study was conducted. Mr. Mariner stated that he has been in business for over ten years and that when his character signs are up business is up and when the signs are down there is no business resulting in very limited local sales revenue that is incapable of supporting the business. Ms. Benson noted that the small free-standing character signs are a violation of the county zoning ordinance. Mr. Mariner acknowledged that he has at times disregarded that fact by using the signs to generate business. He now has an 80-square foot freestanding sign plus a wall sign on the premises. However, he noted that this is not enough to make an impression on those traveling 55 miles per hour along U.S. 13. Commissioner Fauber stated his opinion that most business signs in the county are only 32 square feet or less. Commissioner Gardner disagreed using the standard McDonald s sign as an example. Commissioner Miller stated that sign regulations should be reviewed at a later time. Commissioners Scanlan and Scalley suggested that a sign subcommittee be formed to further investigate signage regulations for further consideration by the commission. Being recognized by the Chairman, Mr. Kabler stated that he is generally supportive of the county s comprehensive plan and draft zoning ordinance; however, he agreed with Mr. Mariner s comments that some businesses need more signage than others. New Business: The commission then reviewed Variance NHCO as filed by Sarah Morgan for a variance of 28-feet from the required 60-foot front yard setback, of 32-feet from the required 105-foot shoreline setback and to allow an encroachment of 200 square feet into the required 100-foot wide buffer area to construct steps to access the dwelling. The property, located at 6553 Broadwater Circle in Oyster, is identified as County tax map 85A, double circle 3, parcel 44 and zoned Rural Village Residential, RV-R. The commission acknowledged that for safety reasons a front access should be allowed, but not as proposed. It was suggested that access stairs be located within the side yard area requiring no variance and integrated into the existing second-story deck instead of protruding as new construction into the front yard setback. This design would reduce encroachment into the shoreline setback, the front yard setback, and RPA buffer area as was done successfully on neighboring property to the east. Noting that an alternative plan is feasible, motion to recommend denial of the application as submitted was made by Commissioner Scanlan, seconded by Commissioner Gardner, and carried unanimously. Commissioner Miller informed the commission that the Community Housing Committee CHC is requesting that Article 16, Section B. 3.c. be amended so that single-family housing is no longer excluded. It has come to the attention of the CHC that the Minutes of March 5,

5 exclusionary clause has hampered certain Community Development Block Grant projects by requiring additional variances, time delays and expenses. Discussion ensued with various aspects being reviewed including the possible need to address abandoned structures and which structures should actually be construed as habitable. A motion of intent to amend Article 16, Section B, c. by striking other than a singlefamily dwelling unit was made by Commissioner Scanlan. The motion was seconded by Commissioner Scalley and carried unanimously. The commission briefly revisited the subject of signage with it being noted that no outdoor advertising signs are allowed by state law in the A-1 Agriculture District. Commissioner Scanlan stated that since growth is slated in and around the towns, then signage should be allowed to divert traffic from U.S. 13 to these business areas. Commissioner Miller noted that the towns gateway signs are exempt from state regulations; however, such signs do not yet exist nor is it known when installation would take place. Motion was made by Commissioner Gardner that Commissioners Scanlan and Scalley co-chair a sign subcommittee. Motion was seconded by Commissioner Scalley and carried by a 4 to 3 vote with Commissioners Kafigian, Miller and Fauber voting no. The subcommittee is to make a report to the commission by the end of April. Commissioner Miller asked that the commission request a status report on gateway signs from the Accomack-Northampton Planning District Commission. Old Business: At this time Commissioner Miller asked that All Terrain Vehicle (ATV) Trails be reconsidered in the Use Chart. She noted that no specific criteria exist to mitigate off-site noise pollution that may adversely impact existing towns and villages surrounded by agriculture district zoning. She and added that the comprehensive plan should be considered as well. Mrs. Downing requested that Item 24 Skeet, clay, and trap shooting in Category 2 be reconsidered as well for the same reasons as noted by Commissioner Miller. Mrs. Downing stated that in the Town of Cheriton one is routinely awakened in the early morning hours by the sound of gunfire during deer season. However, such activity is seasonal and short-lived as opposed to a year-round activity opened 7 days a week as proposed in the draft Use Chart. Motion was made by Commissioner Miller to eliminate Item 3 ATV Trails from Category 7 Recreational Uses. Second was made by Commissioner Fauber; however, the motion failed with a 3 to 4 vote. Minutes of March 5,

6 Motion was made by Commissioner Miller that Item 3 ATV Trails in Category 7 be required to have setbacks consistent with livestock containment criteria in help mitigate noise migration. Discussion followed and it was suggested that a noise level study be submitted along with any application for an ATV Trail. There being no second to Commissioner Miller s motion, the motion was withdrawn. Commissioner Miller suggested that not only a special use permit for an ATV Trail be required but that a completed sound study detailing the number of vehicles permitted at any one time and also an adequate setback distance be required to promote a lower level of noise migration or that this type of activity comply with the county noise ordinance. Ms. Benson suggested the supplemental standards section of the draft ordinance would be the appropriate place to incorporate special requirements. Since ATV trails are allowed in the A Agriculture District by major special use permit only, by consensus the commission agreed to allow ATV Trails as proposed but that the definition be amended to comply with the county noise ordinance. It was decided that other noisy activities including but not limited to shooting ranges and go-carts activities comply with the county noise ordinance as well. Commissioner Miller suggested that non-motorized recreational trails, both public and private, be added as well as tour guide services in the Use Chart, Category 7 Recreational Uses. The commission continued discussion of draft zoning ordinance amendments and finished. Table 8.1 Use Regulations Chart attached to Ms. Benson s memo dated February 27, As noted at the meeting of February 27, the chart showed categories for which new uses have been proposed for addition and where revised use descriptors have been proposed. With the exception of Category 8 MF Multi-Family Residential Uses, only those revisions discussed by the Commission with respect to the district themselves for the new or amended uses were incorporated into the charts to date. Ms. Benson had informed the commission that the bulk of the revisions discussed thus far, are shown; however, category 8 SF Single-Family Uses was not included with the revised Table 8.1 as presented. She noted that the commission had previously discussed the district requirements for the one additional use (combination live-work unit with allowable business/commercial use) proposed for this category. Previous and new revisions relating to Table Use Regulations Chart, Categories 4 through 8 as attached hereto were finalized. At this time Ms. Benson asked the commission to review topics for discussion at the joint work session on March 19, 2008, with the Board of Supervisors. After reviewing topics, Ms. Benson noted that those deemed most important by the commission were already Minutes of March 5,

7 listed in the planning commission s annual report to the Board that has been placed on the work session meeting agenda for discussion purposes. Communications: The Cape Charles Planning Commission Agenda was copied for the commission s information. Commissioner Scalley stated that the Town of Eastville is now working on its Historic Structure Inventory and is proceeding with formulating the future Historic District Overlay although for now there are no plans for an Architectural Review Board. She noted that the town will be submitting a boundary adjustment to the county that would encompass most areas being served by town water but excludes Northampton High School. Commissioner Scanlan reported that a possible boundary adjustment will be sought by the Town of Exmore to take in Occohannock Neck Road property for future development. He also noted that the town has approved an agreement with Artesian for water and wastewater services to undeveloped portions of the town. Commissioner Gardner reported that the Town of Cheriton has re-applied for a boundary adjustment and that the town requested but was refused a seat on the Accomack- Northampton Planning District Commission. He also noted that the Webster s Investors group had sent a memorandum of understanding to the Board of Supervisors concerning its proposal for a future water and wastewater treatment facility to serve the areas of Cape Charles and Cheriton. Due to time constraints the commission did not review Board/Town Council actions on pending zoning matters. Committee Reports No other committee reports were presented. Recess There being no further business the meeting was recessed at 10:50 p.m. until 6:30 p.m. on Wednesday, March 12, Chairman Secretary Minutes of March 5,