Seymour Scott, Jamaica District Joanne Hensley, Pinetop District Gordon Jones, Saluda District Priscilla Davenport, Saluda District

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1 AT A MEETING OF THE MIDDLESEX COUNTY PLANNING COMMISSION HELD ON THURSDAY, MARCH 11, 2004, 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 Alvin Wake, Pinetop District Russell Sibley, Pinetop District George Harris, Pinetop District Lee Weber, Board of Supervisors Seymour Scott, Jamaica District Joanne Hensley, Pinetop District Gordon Jones, Saluda District Priscilla Davenport, Saluda District Matthew Higgins, Planning Director Amy Easterbrook, Planner Cathy Shiflett, Planning Secretary CALL TO ORDER Chairman John England called the March 11, 2004 regular meeting of the Planning Commission to order at 7:30 P.M. APPROVAL OF MINUTES On a motion by Commissioner Weber, seconded by Commissioner Sibley, and carried by unanimous vote, the minutes of the February 12, 2004 meeting were approved as corrected to read that Minutes of the January 8, 2004 minutes were approved based on a motion by Commissioner Weber, seconded by Commissioner Davenport. PLANNING DIRECTOR S REPORT Mr. Higgins commented that the Board of Supervisor s actions were as stated on the Agenda, and additionally stated there were two cases scheduled for the Board of Zoning Appeals in March PUBLIC HEARING A. Rezoning Application # Requesting the reclassification of a acre parcel from Residential (R) to Village Community (VC). Submitted by James Walden. recommending approval of Rezoning Application # as requested. 1

2 Mr. James Walden, applicant, was in attendance to answer any questions the Board may have. He explained that additional storage was needed for his business. Mr. Lee Reamy, adjoining property owner, asked if additional truck traffic was anticipated. Mr. Walden stated that additional traffic would be minimal, and access would be from Marcella B Street. Mr. Gene Ruark, adjoining property owner, stated that he had no objection. With there being no further comment from the public, the hearing was closed. Chairman England stated that since the use would be low impact, he did not foresee a problem with the re-zoning. On a motion by Commissioner Davis, seconded by Commissioner Harris, and carried by unanimous vote, Rezoning Application # was approved as submitted. B. Rezoning Application # Requesting the reclassification of a 28.9-acre parcel from Low Density Rural (LDR) to Village Community (VC) with proffers. Submitted by Hersey Mason, Jr. recommending continuance of Rezoning # for the applicant to develop proffers to address issues outstanding from the previous Rezoning application. Mr. Eric Johnson was in attendance to represent the proposal. Mr. Johnson explained that light commercial use was planned for the property, with a 50 buffer on both sides. He noted that the plan submitted was preliminary, and if granted, an actual development plan would be submitted. With there being no further comment from the public Chairman England closed the public hearing. Chairman England noted that the application was a modification of a plan submitted three (3) years previously. While not opposed to development of the property, Chairman England expressed concern about strip development down Rt. 33. He noted that if development were set back from the highway, with a single access road, there would be less impact on the highway. Mr. Johnson related that while two access roads were proposed because of drainage easements on the property, other possibilities could be explored. 2

3 Commissioner Weber asked if any Residential use was planned for the property and whether or not any portion of the property was being considered for donation to the local YMCA as rumored. Commissioner Weber stated her desire to see proffers in writing to address concerns. Mr. Johnson affirmed that Lot A was under consideration for donation, and that the application stated the proposed usage, as well as buffers, rather than specific proffers. Additionally, he commented that residential use was not the best use for the property. Chairman England agreed that written proffers would help to address concerns expressed previously, as well as for this application. Commissioner Weber expressed agreement with staff recommendations to address vehicular access as well as proffered limitations on types of permitted uses in an effort to avoid strip development. Mr. Hersey Mason contended that he would not develop the property in any way detrimental to the County, and expressed willingness to work with the Commission to have the property rezoned. Chairman England related that without proffers, there would be some loss of control over development in later years, and that the effort should be made at this time to look out for citizens best interests. On a motion by Commissioner Davis, seconded by Commissioner Sibley, and carried by unanimous vote, Rezoning Application # was continued. C. Rezoning Application # Requesting the reclassification of a 50-acre parcel from Low Density Rural (LDR) to Residential (R) with proffers. Submitted by Gene Ruark. recommending approval. Mr. Gene Ruark, applicant, stated that at this time he had no plans to access the property by way of the dam across Healy s Mill Pond, known as Mill Ridge Road. Rather, he noted access would be from State Route 629 or State Route 33. Mr. Ruark noted that he would not use Mill Ridge Road until such time as permission was granted from the Healy s Mill Homeowners Association (HMHA). Mr. Ruark stated that his intentions to develop six (6) single-family lots at this time, with the remainder of the property to be developed over the next ten (10) to fifteen (15) years. Mr. Richard Willis, member of HMHA, expressed concern that excessive traffic would be generated in the area over the next ten (10) to fifteen (15) years and beyond. 3

4 Ms. Julie Colby, Healy s Mill Section I resident, commented that she appreciated that Mr. Ruark would not use the road over the dam without permission, but expressed concern that homeowners would create their own access over a period of time. Mr. Dan Downs, Healy s Mill resident, commented that he did not object to the rezoning, but had concerns related to relinquishing the right-of-way over the dam. Mr. Downs noted his opinion that traffic concerns could be addressed. Ms. Francis Chenowith, local resident, stated that since moving to the area in 1981 that State Route 629 had become dangerous with the addition of subdivisions and businesses. Ms. Patty Griffin, HMHA representative, commented that Mr. Ruark had met with the Association. She expressed concern that the road across the dam is fragile, and noted that the Association had not given Mr. Ruark an answer as of yet granting permission to use the right-of-way over the dam. Mrs. Mary Ann Willis, resident of Pipe-N-Tree subdivision, questioned the lot sizes for the six (6) home lots proposed. Mr. Ruark responded that Phase I would be to develop six (6) lake front lots from one (1) to three (3) acres each with the remainder of the parcel to be developed at a later date. Chairman England closed the public hearing. Commissioner Weber asked for clarification related to the number of lots proposed for the 50-acre parcel. Mr. Higgins stated that there was a misunderstanding in the Proffer as submitted; apparently, Mr. Ruark was seeking to develop six (6) lots in Phase I, with the remainder to be developed under the Residential (R) zoning guidelines. Chairman England stated that access and road issues needed to be resolved. Further, he commented, consideration should be given to the possibility that if approved, this would constitute a major subdivision requiring further review. Commissioner Weber and Davis stated their desire to see additional information provided. On a motion by Commissioner Davis, seconded by Commissioner Sibley, and carried by unanimous vote, Ordinance Amendment # was continued for sixty (60) days. D. Special Exception Application # Requesting approval of a Special Exception for the expansion of a yacht club. Submitted by Fishing Bay Yacht Club. 4

5 recommending approval of Special Exception # with the condition that membership of the yacht club shall not be increased, although he noted that enforcing membership restrictions would be difficult. Mr. James H. Ward, attorney for the applicant, was in attendance to answer questions related to the proposal. Mr. David Hazlehurst, Commodore of Fishing Bay Yacht Club (FBYC), explained that current plans were to utilize the property for additional parking space, with no additional structures at this time. Mr. John Koedel, FBYC member, spoke in favor of the request, citing several economic benefits to the County and community, and noted that heavy traffic in the area was mostly related to special events sponsored by the club. Mr. Lud Kimbrough, FBYC member, spoke in favor of the request, noting community and charitable projects provided by the club. Mr. Eric Johnson, realtor, expressed that the expanded facility would be a nice addition to the community. Mr. Beverly Crump, property owner, spoke in support of the expansion. He noted that the Stove Point Improvement Association had paid for the private road improvements. Mr. Michael Hurd, attorney for eight (8) homeowners on Stove Point and Fishing Bay Road, presented a list of Concerns and Proposals and Suggested Restrictions for the Commission s consideration. Mr. Hurd expressed concern that existing problems of trash, heavy traffic, noise, and congestion would be exacerbated if the yacht club were allowed to expand. Mr. Bob Strotmeyer, resident of Fishing Bay neighborhood, spoke in opposition to the expansion, as traffic congestion, trash and debris would increase, particularly during special events and with an increase in membership. Mrs. Anne Dixon, resident of Fishing Bay Road, spoke in opposition, citing trash, noise, and traffic concerns. Mr. Tom Hawksworth, adjoining property owner, stated his opposition to increased membership and asked that restrictions be placed on the proposed expansion in an effort to address an increase of trash, boats, sailors, congestion, etc. Mr. Norman Hall, Fishing Bay Road resident, spoke in opposition to the expansion. He commented that FBYC was not a good neighbor, abusing property rights of the local residents. 5

6 Mr. Edward Ralston, adjoining property owner, expressed concerns related to traffic, noise, trash, increased membership, and barking dogs. Mr. Gene Ruark, FBYC member and local resident, commented that the expansion would help alleviate the traffic problems with the increase of available parking area. Mr. James Ward stated that there was no criteria in the zoning ordinance criteria for a special exception in the Residential Zoning district. Mr. Ward presented letters of support from adjoining property owners, and noted that proffers could be discussed. Mr. Ward additionally stated that the number of members in the club was not in the purview of the Planning Commission. With there being no further comment from the public, the hearing was closed. Chairman England commented that there were obviously two sides, with good points on both sides of the issue. He noted that the expansion would be an asset to the club, providing for off road parking, while an expansion would encourage expanded use as well. Chairman England further commented that the area has changed since the club was formed. Commissioner Weber stated that the Planning Commission could not enforce nor limit membership in the club. Commissioner Dunlevy agreed that additional parking area would be helpful to alleviate congestion on the road, but she also stated that Mr. Hurd s suggestions had merit as well. Commissioner Dunlevy stated that she favored limiting the additional property to parking of boats and vehicles. Chairman England noted that he did not see a problem with allowing limited weekend parking of camping units during special events. Commissioner Davis suggested that additional time be given to review suggestions presented by Mr. Hurd on behalf of homeowners. Mr. Harris inquired as to the membership of the FBYC. Mr. Hazelhurst stated there was currently a limit of 350 members. It was noted that these were family memberships. On a motion by Commissioner Davis, seconded by Commissioner Harris, and carried by a 4-3 vote, with Commissioners Dunlevy, Sibley, and England opposing, Special Exception Application # was continued until the April 2004 meeting. E. Major Site Plan Application # Requesting approval of a 2.5-acre boat yard storage area for boat maintenance/storage, including an office building. Submitted by Glenn Bunch. recommending approval with the following conditions: 1) Compliance with the approved 6

7 proffers as outlined in the Planning Director s letter to the applicant of April 21, 2003 is required prior to the commencement of construction on the marina, 2) Compliance with the Wetlands Board and VMRC regarding recent permit violations is required prior to the commencement of construction on the marina, 3) All outdoor lighting shall be fully shielded per the requirements of Section 17C of the Zoning Ordinance, 4) All trash disposal facilities shall be screened from view of the right-of-way, 5) The drain on the proposed washdown slab should have appropriate traps and filtration systems to ensure that oils and other chemicals are not released into the environment, and 6) The conversion of any additional buildings to marina, boat building and apartment use is explicitly not permitted by this approval. Mr. James Ward, attorney representing the applicant, was in attendance to answer questions. In reference to condition #3, Mr. Ward questioned the necessity for shielded outdoor lighting. Mr. Higgins responded that this was a condition of the Zoning Ordinance. Mr. Bunch explained that he was attempting to find a suitable use of the buildings currently on the property and a boat yard would seem to be a good use. With there being no further comment from the public, Chairman England closed the public hearing. Chairman England stated that providing past issues of non-compliance were satisfied, boat yard storage would be a good use of the property. Commissioners Weber and Sibley expressed concern that the conditions would be enforced through the building and zoning permit process. On a motion by Commissioner Dunlevy, seconded by Commissioner Davis, and carried by unanimous vote, Major Site Plan Application # was approved with staff conditions of 1) Compliance with the approved proffers as outlined in the Planning Director s letter to the applicant of April 21, 2003 is required prior to the commencement of construction on the marina, 2) Compliance with the Wetlands Board and VMRC regarding recent permit violations is required prior to the commencement of construction on the marina, 3) All outdoor lighting shall be fully shielded per the requirements of Section 17C of the Zoning Ordinance, 4) All trash disposal facilities shall be screened from view of the right-of-way, 5) The drain on the proposed washdown slab should have appropriate traps and filtration systems to ensure that oils and other chemicals are not released into the environment, and 6) The conversion of any additional buildings to marina, boat building and apartment use is explicitly not permitted by this approval. F. Major Site Plan Application # Requesting approval of a 320 square foot office building and 1500 square foot storage building. Submitted by Triangle LLD, c/o James Thimsen. 7

8 recommend approval with the following conditions: 1) The applicant shall submit a landscaping plan that meets the requirements of Section 17B of the Zoning Ordinance to the Planning Director within thirty (30) days of approval, 2) All outdoor lighting shall be fully shielded per the requirements of Section 17C of the Zoning Ordinance, and 3) All trash disposal facilities shall be screened from view of the right-of-way. Mr. Jim Thimsen, was in attendance to represent the project. With there being no comment from the public Chairman England closed the public hearing. Chairman England stated that the project was in keeping with the surrounding neighborhood. On a motion by Commissioner Davis, seconded by Commissioner Dunlevy, and carried by unanimous vote, Major Site Plan Application# was approved with staff conditions: 1) The applicant shall submit a landscaping plan that meets the requirements of Section 17B of the Zoning Ordinance to the Planning Director within thirty (30) days of approval, 2) All outdoor lighting shall be fully shielded per the requirements of Section 17C of the Zoning Ordinance, and 3) All trash disposal facilities shall be screened from view of the right-of-way. G. Ordinance Amendment Application # Requesting to amend the Middlesex County Subdivision Ordinance Submitted by the Middlesex County Planning Commission. Mr. Higgins recommended that the application be continued due to the lateness of the evening. On a motion by Commissioner Dunlevy, seconded by Commissioner Davis, and carried by unanimous vote, Ordinance Amendment Application # was continued until the April 2004 meeting. OLD BUSINESS A. Ordinance Amendment # continued. Requesting to amend the Middlesex County Zoning Ordinance by amending Article 4, Conservation (C) District. Submitted by Middlesex County Planning Commission. recommending approval. 8

9 With there being no comment from the public Chairman England closed the public hearing. On a motion by Commissioner Davis, seconded by Commissioner Dunlevy, and carried by unanimous vote, Ordinance Amendment # was approved as submitted. ADJOURNMENT With there being no further business, a motion to adjourn was made by Commissioner Dunlevy, seconded by Commissioner Davis, and carried by unanimous vote. The meeting adjourned at 10:10 p.m. Respectfully submitted, Jan Dunlevy, Secretary Date 9