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Planners send horses back to supes
BY CHARLES GARRATT • STAFF WRITER
 | | In a light rain Tuesday afternoon, Bacova resident Jay Trinca resumes renovations on the old Webb's Store on Route 39 just west of Warm Springs. The Bath County Planning Commission recommended rezoning the property from R-1 to B-2 Monday night so that Trinca and his wife Claudia could open a store in the building that dates from the early 1900's. (Recorder photo by Charles Garratt) |
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WARM SPRINGS - The Bath County Planning Commission voted 3-1 Monday to send a draft land-use regulation allowing horses in residential districts as a conditional use to county supervisors.
With Lynn Ellen Black casting the dissenting vote, the commission sends a proposed new section of the land use regulations, "Equine - Residential Zoning Districts." The board of supervisors will set a public hearing for the new regulation, probably for the second Tuesday in March.
The new regulation has been under development by planners since early last fall when supervisors voted to retain a sentence in the new comprehensive plan encouraging such consideration in the regulations and then directed the commission to draft them as appropriate.
In 2004, supervisors removed a similar provision from land use regulations after receiving some complaints of horses and mules bothering neighboring residential property owners. The provision removed in 2004 allowed any kind of livestock as a conditional use. The regulation proposed by planners this week would allow only equine in residential districts by permit.
As in the commission's hearing last month, most of the comment centered on a specific tract in Mitchelltown. Carl Chestnut, a Mitchelltown resident, presented a petition signed by 24 Mitchelltown residents against allowing horses and livestock in residential zones R-1 and R-2.
Chestnut told planners many of the people in Mitchelltown "retired there to live in peace." He said the land use regulations should protect the people living in residential districts.
Only six stayed for the hearing on the horse ordinance. Three of those spoke in support of the ordinance, one against, and Rocky Phillips tossed in a twist, effectively supporting and opposing the ordinance at the same time.
Phillips noted the ordinance would only allow equine on residential tracts of 10 acres or more. "If you change it for some, change it for everybody," Phillips said. "If someone has the right to have horses on 10 acres, why not two?" he asked.
Cecil Armstrong spoke in support of the ordinance, but also expressed what seemed to be a common issue through the evening. He asked whether there was a booklet that explains the land use process and regulations, saying he found the whole discussion "very confusing."
Commission chairman Mike Grist tried to clarify what the commission was doing in drafting the ordinance, the process to come for approval or rejection of the ordinance and what the actual regulations would mean if put into the code by supervisors.
"It is up to the supervisors to take what we propose," Grist said. The supervisors can adopt the ordinance, reject it or send it back to the commission. The commission, he noted a number of times, is doing the best it can to prepare an ordinance at the request of supervisors. "Our charge is to develop a draft regulation."
The new regulations, if adopted by supervisors, would not automatically allow equine in residential districts, Grist said. Anyone having 10 or more acres would be required to apply for a conditional use permit and go through the process of public hearings.
After hearings by the planning commission and board of zoning appeals, the BZA would vote to approve or reject the conditional use permit. Even after approval, the permit could be revoked if the landowner did not comply with the land use regulations and conditions of the permit.
"This hasn't been easy for us," Grist said. He noted the equine issue was only the "tip of the iceberg." The supervisors approved the new Bath comprehensive plan last year and the planning commission is beginning the process of updating land use regulations and zoning maps to implement the plan.
Next on the agenda for the commission will be regulations covering commercial wind generation facilities in the county. Grist questioned county planner Sherry Ryder about when the commission could start on wind.
Ryder said she is waiting for materials being prepared for the county at James Madison University. Those materials will include information about what locations in the county are suitable for commercial generation as well as those viable for a smaller scale operation such as a farm or small business.
Grist said he felt from what he heard over the years of developing the comprehensive plan, most citizens in the county "were not against green energy." But, the general consensus was "concern about our view sheds. They don't see the purpose in large wind development in Bath."
Commissioners recommend rezoning
Planners conducted a public hearing to review an application from Gino "Jay" and Claudia Trinca to rezone a halfacre from R-1 (residential limited) to B-2 (general business). The property straddles the intersection of Route 662 and Route 39 across from the Warm Springs Market.
The planners voted 4-0 to recommend approval of the rezoning. The board of supervisors will set a public hearing for the request at its next meeting the second Tuesday in February. All rezoning must be approved by supervisors after review by the planning commission.
Trinca purchased the property under the assumption it was zoned business and began renovating the old Webb's store building. He and his wife intend to open a business in the building and possibly rent a small part of it for professional offices.
The store was built in 1904 and operated as a stand alone business until 1974, Trinca said. From 1969 when Harry Webb built the new store across the road, the buildings had various uses including Valley Storage, the last business operated there.
While there is a rental residence next door, the store building "was never used as a residence," Trinca said. Trinca and the previous owners have been paying taxes on the property as commercial property.
A number of the planners asked why Trinca was applying for the broader B-2 zoning instead of B-1. "A lot is still covered under B-1," Black noted.
Trinca, with support from Ryder, said B-1 was targeted to businesses serving just the neighborhood. His business will target a broader market, including tourists passing by on Route 39. In addition, "I didn't want to get so narrow I didn't have any wiggle room" to expand the business or change the products sold, Trinca said.
The new store "is not going to be an antique store," said Trinca. The 1,500 square feet of retail space will use the old shelving still in the building and feature mostly fine art and antiques. Other items, including creations by Claudia Trinca, will also be sold.
Warm Springs district commissioner Mary Lynn Riner asked about the front entrance and future landscaping. Claudia Trinca said the windows on the front of the building would remain, but a new main entrance on the side of the building would be constructed. She also said the parking area would eventually be paved and the lot would be professionally landscaped in the spring.
The commission set a public hearing on the Capital Improvement Plan for the February meeting.
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