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Planners recommend rejecting 1, approving 2
BY CHARLES GARRATT • STAFF WRITER
WARM SPRINGS - The Bath County Planning Commission Monday voted to recommend approving a conditional use permit for BARC and rezoning a Mitchelltown property but recommended rejecting a rezoning request for an acre on Klondike Hill.
The commission hears all requests for conditional use permits, rezonings and subdivisions but does not make final approval. Rezoning requests go to the board of supervisors for final decisions, and conditional use permits are ultimately approved or denied by the board of zoning appeals. Either board may follow or reject the recommendation of the commissioners.
BARC applied for a conditional use permit to expand a storage yard in the industrial park in Millboro. The industrial park was rezoned from M-1 industrial to B- 2 business a number of years ago, grandfathering the current pole yard. Commissioner Lynn Ellen Black felt the application was "kind of stretching" the public utility section of land use regulations but with little discussion, the commissioners voted 5-0 to recommend approval.
The longest and most contentious hearing of the night was over the rezoning of one acre adjacent to the Courtyard apartments owned by Hugh "Ronnie" and Jane Dunnagan. The vacant lot is currently zoned R-1, single-family residence. Pat Haynes, representing Bacova Investments, LLC, is requesting the property be rezoned to R-3, multi-family residential.
Haynes plans to purchase the property for possible expansion of the apartment complex if the rezoning is approved. The commission voted 5-0 to recommend denial of the rezoning.
During the public hearing, residents and landowners on Klondike Drive spoke against the rezoning and presented a petition signed by 19 residents opposed to the change.
Helen Durrett said the residents of the 16-unit apartment complex "party all night long." She said complaints about the noise to the sheriff's department don't help. "I could call every night. Why should I? They don't do nothing about it."
Bacova resident Jay Trinca owns property on Klondike Drive and questioned whether expanding the complex is "going to be a betterment to the neighborhood." He said Klondike has been experiencing a little renaissance with an eyesore removed and other property improvements. Additional apartments will not improve the property values in the neighborhood, he said.
Haynes countered with statistics from the sheriff 's department and said he, too, was concerned about the tenants. He said he has no desire to have an investment with problem tenants. "If it is out of line, I'd take care of it," he said about the noise and behavior.
Commissioner Mary Lynn Riner said the county "certainly does need some affordable housing." Even so, she made the motion to deny the rezoning because the change could adversely affect traffic flow, property values and the character of the neighborhood.
An application to rezone 18 acres at the north end of Mitchelltown by Traywick and Carol Duffie raised the continuing issue of horses in residential districts. The property, previously owned by Mary Sanders, is zoned R-2 residential but has had horses on it for many years, according to the applicants. Under a change to the land use regulations made in 2004, horses and other livestock are no longer allowed in a residential zone.
The Duffies are not allowed to have horses on the property under the current land use regulations. Attorney John "Chris" Singleton represented the Duffies. He said, "It defies reason why the property was ever turned into R-2." The zoning map included in the application shows most of the surrounding property is zoned either A-1 or A2 agriculture.
Singleton presented a letter in support of the application from adjoining property owner Vey Smithers and a number of residents and landowners spoke in support of the application. There was no opposition to the application, according to county planner Sherry Ryder.
Black asked if the commission could request proffered conditions because she said if the property would go to A-2 there should be some assurance "it won't be pigs" on the land. Ryder responded the Duffies could proffer conditions in writing before the hearing held by supervisors on final approval. The commission voted 5-0 to recommend approval.
In other action the commission discussed the joint public hearing supervisors Sept. 11 to review removing a sentence in the new comprehensive plan that would allow some animal husbandry in residential districts.
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