- Last Updated on Wednesday, 15 July 2009 16:01
- Published on Wednesday, 15 July 2009 16:01
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Public hearing scheduled next Tuesday on request for a special exception
Ed Veazey, representing S.E.Ventures, is scheduled to be back in front of the King George Board of Supervisors next week to again request a larger service area to enable him to expand his private water system that currently serves Eagle Bay subdivision.
Veazey was previously in front the Planning Commission and then the Board of Supervisors two years ago on the same request.
Two years ago, the water system had about 11 customers and now it has about 15 over an approved service area which includes 171.275 acres.
The request is to more than double the current size of the service area for the water system, by adding 265.474 acres.
The existing water system itself is adequate to serve a much higher number of connections than it has. It consists of a Class IIB well, with a depth of 408 feet, along with a 75,000 gallon elevated storage tank and distribution piping to existing customers.
The system capacity is 43,200 gallons per day, but the existing Special Exception Permit limits the number of connections to 49. If the number of connections were to exceed 49, the Virginia Department of Health would require a second well.
If the request is approved by King George, it would expand the service area to about 436 acres. But Veazey does not indicate the number of connections or the number of lots he would intend to serve with his water system, since he has not provided a plat of lots to expand the subdivision.
Some members of the Planning Commission indicated they thought that was putting the cart before the horse.
A staff report provided by Jack Green, county Director of Community Development, recommends denial of the request, saying it is based on guidance in the King George County Comprehensive Plan.
It is also based on approvals previously requested for the Eagle Bay Subdivision. Under previously-approved subdivision lot layouts, 46 lots were anticipated to be created in Sections 1 and 2, with the remainder of the property planned for development into a golf course.
Special Exception permits issued by the county in 1991 and 1995 for the golf course development still run with the land. They are Special Exception Case #90-07-E01: Tax Map 14, Parcels 71,72 and 74 consisting of 217 acres; and Special Exception Case #95-11-E01: Tax Map 15, Parcel 1.
The plat for Section 1 for Eagle Bay subdivision had been approved and recorded and contains 27 lots.
A Final Plat for Section 2 had been approved, but its approval expired because it was not recorded. That had intended 19 lots on 33.281 acres. That property retains its One-Family Dwelling District (R-1) zoning designation.
The staff report indicates that the utilities plan in the Comprehensive Plan provides recommendations for the development of public water systems to be owned and operated by the King George County Service Authority.
Those recommendations include only providing public water within the Primary Settlement Areas, with any extension outside the Primary Settlement Area to be preceded by a Comprehensive Plan Amendment.
Green clarified possible confusion about the whether the Veazey water system was public or private by stating, “This is a public water system that is privately owned.”
Additional recommendations from the Comprehensive Plan regarding expansion of water systems are discussed within the staff report and can be viewed in the Community Development office located on the ground floor of the Revercomb Building.
Recent review and action
The Planning Commission held a public hearing in May, then reconsidered and took action on Veazey’s request at the June meeting.
The Planning Commission ended up forwarding a recommendation for approval of the request to the Board of Supervisors on a split vote of 6-4. That was on a motion by Gary Kendrick, with Chairman Josh Colwell, Tara Patteson, Bill Eschmann, Karla Frank and Tom Poland in favor. Bill Robie, Jessica Herrink, Dave Kitterman and Tony Scaramozzi voted against the recommendation to approve.
During deliberations preceding the vote last month, Kendrick noted that the existing zoning allows Veazey, or anyone who buys any portion of his 265 acres proposed for inclusion in the water system service area, to build houses under the current Agricultural-1 and Agricultural-2 zoning.
“I’m just thinking about the existing zoning as a by-right, if someone else or Veazey develops the land, it would just be a lot of wells,” Kendrick said. “The water system is already there.”
“The fact that (the water system) exists today has merit,” Scaramozzi said. “But it was viewed with limitation and the Comprehensive Plan comes into play by not encouraging growth in this area.”
Poland said the system has a capacity for a few hundred connections.
“So, is the next step to rezone to accommodate the water system?” Robie responded.
Scaramozzi noted: “If you approve expansion of the water system, then it encourages development up to about 350 more (housing) units. I’m open to looking at amending the Comprehensive Plan when it comes around again, but in the meantime, would like to follow the guidance in the approved Comp Plan.”
Kendrick said, “But it’s there, and I would rather use that (water system) than by punching a bunch of holes (in the ground) for more wells, if more houses are developed.”
Colwell said, “The economic viability of the water system is not our issue, but they could develop the land by right.”
Robie noted that he would prefer to first review a site plan prior to granting approval to add an unknown number of new connections to in an area that is not in a Primary Settlement Area of the Comprehensive Plan.
“There’s nothing that says he can’t come back to us with a site plan,” Robie added. “I would be more comfortable approving if I knew how this was going to be developed.”
Scaramozzi said, “By not approving this, I believe we would be taking a neutral ground, and he can come forward with plans for developing lots.”
As noted, the recommendation for approval passed on a vote of 6-4 in June.
During the public hearing by the Planning Commission in May, six people spoke in favor of the request, including Veazey, his spouse, Joy Veazey, and their son, Warren Veazey.
Others speaking were three other Eagle Bay residents: Jim Morrissett, Willard Rogers and Perry Sisson. In addition, three e-mails were distributed from others in favor of the request. Those came from Edna Bynum, Noah and Sabrina Alvarez, and Jill & Howard Melton.
The Board of Supervisors has the final authority for approval or disapproval on special exceptions. A public hearing is scheduled for Tuesday, July 21, at 7 p.m.
Approval from August 2007
In August 2007, Supervisors approved a service area that was much smaller than Veazey requested for S.E. Ventures then and again now, but in line with the approved subdivision lot layout, which anticipates a maximum of about 50 lots to be created in Sections 1 and 2 of Eagle Bay Subdivision, with a golf course planned for the remaining acreage.
The subdivision approval had been granted back in the early 1990s under a different owner/applicant.
The special exception permit, granted two years ago, allowed S.E.Ventures to continue to operate a private water system for Eagle Bay subdivision and allowed a maximum of 49 connections.
Veazey had requested a special exception permit to continue to run an existing water system that has been operating in violation of the King George County Zoning Ordinance since 2002.
Veazey held an expired special exception permit held from WRK, Inc., for construction and operation of a water system.
The permit had become void when the ownership was transferred to S.E. Ventures, but Veazey said he didn’t know that. He had only learned that he was operating the system in violation from Green two years previously, in May 2005.
He was allowed to continue to operate the system without being cited for the violation while he completed his application to ask to expand the service area. That took him about two years.
In the meantime, Veazey had also illegally allowed a nearby property (Tax Map 15, Parcel 1S) outside of the subdivision to connect to the water system, constituting another violation.
That was made right with the approval by the Board of Supervisors two years ago of a special exception permit to include a total of 171.275 acres in the water service area, including 47.677 acres zoned One-Family Dwelling District (R-1) identified as Tax Map 14E (1), Parcels 1 & 12 through 37, and Tax Map 14, Parcel 71, which contains 121.323 acres, of which 99 acres are zoned (R-1) and 22 acres are zoned Rural Agricultural (A-1).
The current approved special exception permit from 2007 also contains the condition that if 50 percent or more of the ownership is sold or transferred, the special exception permit will expire.
S.E. Ventures has the obligation to inform the Board in writing within 30 days of such assignment or transfer of ownership.