PLANNING COMMISSION

Wednesday, December 18, 2002

 

Present: Mr. Brush, Ms. Proulx, Ms. Russell, Dr. Walker, Mr. Giles

Absent: Mr. Hoffman

 

CONDITIONAL USE PERMIT/DARYL E. MORSE – The applicant is requesting a Permit to place two manufactured home on one 11.75 acre parcel of land on the west side of Phoenix Road.  The property is zoned Agricultural (A-1).  There is presently one doublewide on the property and one old house, which will be torn down.  Mr. Boger noted that the area to the east and north sides are residential and the area to the west is agricultural and residential.  Mr. Boger listed three requirements for the Permit, noting VDOT, Health Department and electric service.  He also said that the applicant had indicated that there was a possibility that he would want to put additional manufactured homes on the lot in the future.  Mr. Boger suggested that approval of the Permit include the stipulation that no more than two manufactured homes could be placed on the lot without the applicant reapplying to amend the Permit.  Ms. Proulx asked whether the Permit would become void if the applicant later decided to subdivide the parcel.  Ms. Russell asked whether the applicant would be giving up his right to subdivide with the Permit.  Mr. Boger said that the conditions would require the applicant to come back to the Planning Commission to add anything else to the parcel.  He noted that the applicant is requesting a Permit for a “trailer park” of more than one manufactured home.

 

Mr. Morse said that Arrizona subdivision is 2-3 acre lots and that he was requesting two manufactured homes on 11 acres.  He said that his hope is to generate income to make it affordable to continue to farm his mother’s adjoining property by renting the two manufactured homes.  He said that he did not want to put a trailer park in his mother’s backyard.

 

Ms. Anne Currie, representing Habitat for Humanity, noted that Habitat owns five lots across from the Morse property.  She said that the residents on the lots are proud of their homes and do not want 5-6 manufactured homes behind them.  She said that two of the five lots have been developed with three more to come.  Ms. Currie said that Habitat did not want their property values lowered by being next to trailers.  Ms. Proulx noted that the request is for two manufactured homes and that the applicant would have to apply to amend the Permit for more than two.  Mr. John Morrison, an Arrizona property owner, commended Mr. Morse for wanting to provide affordable housing and noted that many people in that area are putting in manufactured housing.

 

Commissioners then asked Mr. Morse if he had considered subdividing the parcel to allow one manufactured home per lot.  The applicant said that he had not but that he would need to move the second unit as soon as possible.  Mr. Boger asked whether the Commissioners could simply approve the Permit to allow the applicant two manufactured homes on one lot.  Ms. Proulx said that she had never been comfortable with adding a condition limiting the number of units to two and was not sure that would hold up in court if two or more units were considered a “trailer park”.  Mr. Brush agreed, saying that he is not convinced that that is the best way to accomplish what the applicant wants to do.  He said that it would be the applicant’s decision whether to defer or to have the Commission vote on the present applicant.  The applicant requested a deferral to examine all of the options.  Commissioners voted 5-0 to defer the application until January.

 

PRELIMINARY SUBDIVISION PLAT/THOMAS M. KNASEL – The applicant, represented by Mr. Morris Foster, submitted a plat to subdivide 3 parcels of land (approximately 86 acres) into 15 lots, ranging from 3.2 – 8 acres.  The property is approximately 2 miles from Rt. 29 on Stagebridge Road.  After reviewing the preliminary plat, Mr. Boger made 11 comments including:

 

-         If houses are to be built on the back 3 lots, the road serving the lots must be improved to comply with either local or state standards for private roads.

-         Provisions should be made for a recreational area within the development and for a walking trail for residents, in compliance with the Comprehensive Plan.

-         The proposed road system is for a “closed community” (i.e. one road in/one road out) and in order to comply with the Comprehensive Plan for future connections with other residential developments, the 50-foot right-of-way should be extended to the rear property line.

-         Before any building permits can be issued, subdivision roads must be complete or the roads must meet E&S requirements for construction road stabilization (including drainage channel stabilization).

 

Mr. Foster noted his concern with the requirement that the 50-foot right-of-way be extended through the back property.  He said that that would take the right-of-way through the building site and would accomplish nothing.  He said that the Comprehensive Plan is just a guide and is not law.  Mr. Foster noted that the applicant had only to comply with the ordinances in place.  Mr. Sam Eggleston, III, agent for the applicant, said that the right-of-way would serve no legal purpose as the property behind that parcel has a deeded right-of-way.  Ms. Proulx and Mr. Brush agreed that that requirement was not needed.  Mr. Foster then questioned being unable to get a building permit unless the road to the back 3 lots was built to local or state standards.  Mr. Boger noted that 3 lots on a road would require road standards.  Mr. Foster said that the applicant might decide to divide that parcel into only two lots with a driveway instead.  Commissioners voted 5-0 to approve the preliminary subdivision plat with 10 stipulations, eliminating the requirement to extend the 50-foot right-of-way.

 

SITE PLAN REVIEW/COMMUNITY FIRST BANK – Mr. Richard T. Mosby, Jr. presented a site plan to convert the former ABC Store building on Front Street from a retail store to an office building.  He also presented a lighting plan and information on their proposed sign in front of the building.  Ms. Russell suggested some changes to the lighting plan and Commissioners asked Mr. Mosby to consider a smaller sign.  The proposed sign would be 9’ tall x 7’ wide and 1’ thick.  Noting that the business will be on Front Street and not on a busy highway, Ms. Proulx suggested a small sign.  Commissioners voted 5-0 to approve the site plan with Mr. Boger authorized to approve the revised lighting and sign plans.

 

PRELIMINARY DISCUSSION ON DIVIDING PARCEL/JOHN R. MORRISON – Mr. Morrison is considering dividing his 11-acre parcel into two parcels of approximately 2 acres and 9 acres.  The property is located on Phoenix Road.  Mr. Morrison said that he is trying to determine whether he can divide the property before paying a surveyor.  He said that while the property is part of the Arrizona subdivision, he is not a part of the subdivision maintenance agreement.  After discussion and after stating that the Commissioners cannot guarantee anything, Mr. Brush said that he thought the Commissioners would look favorably on the division with the condition that the road frontage for the each parcel would be at least 125’.

 

RESOLUTION OF INTENT TO AMEND THE ZONING MAP – Commissioners voted 5-0 to adopt a resolution of intent to amend the zoning map to change the zoning of the Rockfish Valley Community Center and the Rockfish Valley Ruritan Club properties from Residential (R-1) to Agricultural (A-1).  The public hearing will be advertised for January.

 

THE NELSON CENTER – Mr. Boger explained that the site plan approval had been given contingent on the Planning Director’s administrative approval of both lighting and landscaping plans and that neither plan had been received by his office.  He noted that the Center is preparing to start the work outside the building.  Ms. Russell said that since the Director knew that the approvals were required and had not submitted the plans, the outside work could not be done.  Mr. Brush agreed.  Mr. Boger said that he would notify the Building Official that the site plan had not yet been approved.

 

The next Planning Commission meeting will be on Wednesday, January 22 at 7:30pm.  There will be a Zoning Work Session on Wednesday, January 8 at 7:00pm at the Courthouse.