Planning Department to Review Lakewatch Agreement
Posted on: Saturday, 19 July 2008, 03:00 CDT
By Laurie Edwards
Several opponents, including one named as a plaintiff in a lawsuit against the Franklin County Board of Supervisors for approving the LakeWatch Spa and Resort, said they were pleased with a preliminary agreement between the lawsuit's plaintiffs and developer, one that might resolve the lawsuit out of court.
The agreement includes 12 additional restrictions developer Trey Park is willing to make in regard to the development, including restricting the number of boat docks/slips, moving buildings farther from the shoreline and scaling the condominium hotel down by half.
Karen Hiltz, a plaintiff in the lawsuit brought by several residents of Betty's Creek, said she was pleasantly surprised at several of the concessions Park made.
"I'm surprised about the boat docks/slips, the reduction in rooms in the hotel and the willingness to move back the clubhouse," she said. "That retains some of our quality of life as we know it today - - because of these concessions."
If Park wants to incorporate the discussed changes into his already- approved development plan, he will need to bring the new plan before the Franklin County Department of Planning and Community Development.
If the department finds the new development plan meets substantial conformity, it will be approved. If it does not, Park has two options. He can either go back through the planning process, which includes scheduling town hall meetings and seeking approval from the Planning Commission and Board of Supervisors, or he can challenge the department's decision.
Hiltz, who also serves on the Franklin County Planning Commission, said she believes the new plans will meet substantial conformity.
"My understanding is that because it deals with a decrease and not an increase ... I don't think it's going to have to go back through the process," she said. "I'm pretty confident about it."
Dr. Bud Stockton, a Betty's Creek resident who attended a meeting Sunday scheduled to inform the public of the agreement and cultivate public opinion, admits he's been a vocal opponent of LakeWatch Spa and Resort. His biggest concern was increased boat traffic on an already busy creek. But the preliminary agreement, he said, will have little impact on creek traffic.
"I think he [Park] came a long ways to help us and our committee worked very hard to get us there," said Stockton. "I think most people came away from the meeting pleased with what had been accomplished."
The preliminary agreement was the result of several meetings between Park and Steven Cuppy, a plaintiff, and Bill Bundy, a lake resident who supports the lawsuit. Lorraine Redding, another plaintiff, said Park approached the group a few months ago and asked if they could negotiate out of court.
While some in attendance were still concerned about the accountability of the Board of Supervisors for approving a development they said does not align with the county's Comprehensive Plan, noise levels and traffic along Virginia 122, the presenters were positive about Park's role in the preliminary agreement.
"I will say, honestly and sincerely, that we have found Trey to be very cooperative and willing to work with us," said Bundy. ""
Park declined to comment.
LAURIE EDWARDS | Laker Weekly 721.4675 (ext. 406)
12 points summary
1. Boat rentals will not be allowed on the property. However, LakeWatch may make available up to 15 non-motor operated watercraft not exceeding 12 feet in length.
2. There will be no more than 16 boat docks/slips, or the number approved by American Electric Power, whichever is fewer. They will be uncovered and unlighted. No marina services will be available.
3. There will be no boat ramp or other boat launching facility.
4. The condo hotel will consist of no more than 50 units at a distance of 1,000 feet or greater from the apex of the lake and have a height no greater than 40 feet.
5. The wakeboard park hours will be limited to 9 a.m. to 7:30 p.m. or darkness (30 minutes after sunset), whichever comes first. The noise level at the apex of the lake will be zero decibels.
6. Any outdoor speakers will face away from the lake.
7. There will be no outdoor speakers at the clubhouse after darkness.
8. The clubhouse will be moved 100 feet back from its current planned location.
9. The golf storage building will be moved 200 feet back from its current planned location and will be shielded with trees.
10. There will be no more than 1,152 residential units.
11. LakeWatch will file the necessary deed restrictions, easements or covenants to make the terms of the agreement enforceable.
12. LakeWatch will pay one half of the plaintiff's remaining legal fees, up to $10,000.
For the complete list, visit smithmountainlake.com.
(c) 2008 Roanoke Times & World News. Provided by ProQuest Information and Learning. All rights Reserved.
Source: Roanoke Times & World News
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