PLANNING COMMISSION
Wednesday,
November 20, 2002
(Absent: Ms. Proulx)
Staff: Mr. Boger
SPECIAL USE PERMIT FOR ANTIQUE, CRAFT OR GIFT SHOP/MENA – Ms. Yvette Mena is requesting a Permit to operate a business at 1471 Beech Grove Road. The property is 1.025 acres and is zoned Agricultural (A-1). Mr. Boger noted that the new Comp Plan designates the area for rural and farming but that the property has been used in the past for a ski rental business and a contractor’s office. Ms. Mena plans to relocate her existing Internet business, expand her gift business and include office space at the site.
With no public comment, Mr. Brush said that the building had been used for business or commercial in the past and it would be a good case for restoration of the site. Dr. Walker said that the proposed business would be compatible with what had been done in that area in the past, but that she did not want to water down the new zoning ordinance before it was even taken out of the package. She noted though that the building was already there. Ms. Russell said that it would be a different issue if it were an isolated parcel in a residential area, but the business section was already next to the site in question.
Commissioners voted 5-0 (Mr. Harvey absent for this vote) to recommend approval subject to the approval of the various departments (Health, VDOT, Building, etc).
FINAL SITE PLAN REVIEW/OAK HILL BAPTIST CHURCH – The addition includes a fellowship hall and classrooms at 382 Level Green Road (Rt. 679). Mr. Massie Saunders, representing the applicant, noted that due to multiple site restrictions and problems, the addition of the required number of parking spaces for the addition would be a problem. Level Green Road is on the county’s six-year secondary road plan and scheduled for improvements within the next five years. Mr. Saunders said that the Church had purchased land across the road and planned to add the additional parking spaces in that location. He indicated that the applicant is requesting that they be allowed to postpone construction of the parking lot until after the VDOT improvements on Level Green Road, noting the planned relocation of a culvert pipe and the possibility that VDOT would need additional right-of-way from the church. Mr. Saunders said that the Church was willing to post a $25,000 bond with the county to guarantee construction of the required additional parking space within the next five years. Commissioners voted 6-0 to approve the site plan with the stipulated bond and time period.
SPECIAL USE PERMIT FOR ANTIQUE STORE/Porter – Ms. Kathryn Porter is requesting a Permit to operate an antique store at 4149 Rockfish Valley Highway. The property is zoned Residential (R-1) and Agricultural (A-1). Mr. Boger noted that the business would be located in an existing building built and used as a residence and that the building is located three hundred plus feet back from Rockfish Valley Highway. Mr. Boger also noted that a shared driveway would serve the property and that VDOT would require a commercial entrance. He said that the 2002 Comp Plan designates the area as Rural Residential and the proposal would therefore conflict with the Plan.
Ms. Porter explained that she is renting the property for the next one to two years and that she would not be living on site. She said that she would use the property for the sale of antiques and as a place for her writing.
During Public Comment, Ms. Darlene Small Smith said that her property adjoins the back of the proposed property and expressed concern with possible Wintergreen plans for future growth on the property. She also noted concerns with increased traffic. Mr. Harvey pointed out that approving a temporary Permit for this applicant had nothing to do with any future Wintergreen plans. Mr. Brush said that he was concerned that approval would set a precedent for commercial growth in a new area. He said that he felt there were plenty of areas along Rt. 151 that are already zoned for commercial. Mr. Harvey said that the county is trying to support tourism and small businesses. He noted that the proposed business would not create a lot of traffic and would be low-impact, using an existing building.
Commissioners voted 4-2 (Mr. Brush and Ms. Russell voting no) to recommend approval with the following stipulations:
OTHER BUSINESS – AG/FORESTAL DISTRICT – Mr. Robert McSwain, representing a group of landowners on Dutch Creek, presented a proposed ordinance to allow the establishment of the county’s first Ag/Forestal District. He said that Ag/Forestal Districts are one of four tools noted in the 2002 Comp Plan for preservation of land. Mr. McSwain noted that a group of 8 landowners was asking the county to adopt an ordinance to allow an Ag/Forestal District and that they were prepared to make application for a district of approximately 1,900 acres. Explaining that the proposed ordinance was developed primarily from the language of the State Code, he noted that at present there are over 300 such Districts in the state – over 800,000 acres. Mr. McSwain said that there were two purposes to an Ag/Forestal District – to preserve land and to promote the commercial production of agriculture and forestry. He added that participation in and establishment of individual Districts is strictly voluntary and it does not place permanent restrictions on the land. Districts, once established, are periodically reviewed by the county. Mr. McSwain said that the advantages to the landowner were added protection against development, a sense of community and planning with adjoining landowners and county consideration during consideration of neighboring land use issues. He noted the only possible disadvantage to the county as establishment of a 10-member committee that would probably meet twice a year.
Mr. Harvey said that the Board of Supervisors would consider the proposed ordinance at their December 10 meeting.
The next regular Planning Commission meeting will be December 18 and there will be a Zoning Work Session on Wednesday, December 11 at 7:00pm at the Courthouse.