Planning: January 25, 2006

January 25, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
January 25, 2006

Present: Mr. Michael Harman, Mrs. Emily Hunt, Mrs. Philippa Proulx – Chair, Ms. Linda Russell, Mr. Thomas Bruguiere, Mrs. Dolores Truesdale

Staff Present: Mr. Fred Boger and Mrs. Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse.

The following officers for 2006 were elected:
•   Mrs. Hunt nominated Mrs. Proulx for the position of Chair, Mr. Harman provided the second, and motion passed 6-0.
•   Ms. Russell nominated Mrs. Hunt for the position of Vice-Chair, Mr. Bruguiere provided the second, and motion passed 6-0.
•   Ms. Russell nominated Mrs. Betty Fortune for the position of Secretary, Mrs. Hunt provided the second, and motion passed 6-0.

Approval of Minutes:
Mr. Burguiere made a motion to approve the minutes from November 30, 2005, as presented, Ms. Russell provided the second, and motion passed 6-0. The December 28, 2005 minutes were distributed and approval was postponed until the February meeting.

Mrs. Proulx announced that Mr. Tommy Brooks, representing Crabapple Estates, has requested a postponement of final subdivision plat review until the February meeting in order to provide E & S and other documentation. Ms. Russell made a motion to defer the final subdivision plat review for Crabapple Estates at the request of the applicant, at which time their 60-day referral period will begin. Mr. Bruguiere provided the second and motion passed 6-0. This item will be advertised for public hearing for the February 22, 2006 meeting.

Conditional Use Permit #2006-001 – St. Mary Catholic Church
Mr. Boger reported that the Catholic Diocese of Richmond, represented by Ms. Gwen Casale, is requesting a Conditional Use Permit, pursuant to Section 12-5 of the zoning ordinance, “Uses not provided for,” to allow the former St. Mary Catholic Church building located at 632 Front Street to be used for a residence as well as a business.

The subject property is zoned Business, B-1, and residential uses are not permitted in this zoning district. The proposed use of the building for a business and residence will comply with the Comprehensive Plan’s designation of Lovingston as a Town Center which encourages a mixture of commercial and residential uses.

Normally commercial and residential uses require off street parking spaces in this zoning district. However, no additional parking spaces are required for this parcel because it is located within the area exempted by Section 12-7-3 of the zoning ordinance.

The Site Review Committee has reviewed this application and the only comment they have at this time is that the proposed change of use for the building must comply with the State’s Building Code; i.e. fire separation between uses. Staff recommends approval of the CUP.

Mr. Boger stated that the building will be sold, not rented. The primary use would be business and residence would be secondary. Ms. Russell asked if approval of this CUP would allow all B-1 parcels to have residences. Mr. Boger said it would, by Conditional Use Permit. Ms. Russell would like to see other B-1 parcels in the County before making a decision in order to know the impact on other areas. Mr. Boger named a few such properties in the County and said he felt the impact would be minimal.

Mrs. Gwen Casale, representing the St. Mary parish, said they had received many inquiries about the property, most of which prefer joint business and residential use. Handicap access would be difficult on the upper floor, but possible on the lower level. The new owner would decide which level is best suited for business and/or residence. At this point no church groups have expressed interest. Mr. Boger said the whole area (Front Street) has been declared a historic district.

The public hearing opened.

Mr. Mike Tapager owns the building next door to the church which is used for both residence and business. He suggested a special designation for businesses in Lovingston that would not affect the entire County.

The public hearing closed.

Mrs. Proulx said she has a problem with “uses not provided for” and feels the ordinance should be amended first and then the permit approved. Mrs. Hunt would like to see information on the impact to others in the Lovingston area and also what type of business is proposed. Mrs. Proulx said the PC can only consider the residential use since the business use is by right under the current ordinance. Mrs. Russell stated concern over the parking issue and suggested that night parking in the Courthouse lot might be possible. She said this is a speculative application with no specific use to consider and felt more research was needed. Mr. Bruguiere said the property is already B-1 and can accommodate many business uses. Mrs. Russell is concerned about the use of the building for business and residence and is not willing to consider amending the zoning ordinance for all B-1 properties in the County.

Mr. Bruguiere made a motion to recommend approval of CUP #2006-001, as stated in the following resolution :

Recommends to the Board of Supervisors approval of the Conditional Use    Permit application #2006-001 for St. Mary Catholic Church dated December 7, 2005.

Mr. Harman provided the second and vote on the motion was 3-3 (Hunt, Truesdale, and Russell voting no; Proulx, Bruguiere, and Harman voting yes). Consequently, the motion failed. The application will now go to the Board of Supervisors for the Feburary meeting.

Final Subdivision Approval – Stone Orchard, Valley Subdivision 3-V at Stoney Creek

Mr. Boger reported that Mr. George Nicklas, representing High County Associates, has submitted the final subdivision plat for Stone Orchard, Valley Subdivision 3-V at Stoney Creek, Wintergreen. The breakdown of the 22.147 acre parcel is: 50 lots – 9.497 acres; right-of-way – 3.210 acres; Open space – 4.473 acres, residue – 4.361 acres, C & P (Verizon) access – 0.606 acres. In addition, HCA is requesting the following exceptions to the County’s Subdivision Ordinance:
1.   Section 4-6, Streets – Construction of the streets to Wintergreen Standards (40 feet width) instead of the County’s (50 feet width).
2.   Section 4-2, Improvements – General Regulations, Bonding requirements. Exceptions have been granted in the past because the developer is required by HUD to construct streets to comply with their standards and because of the past good performance of the developer. Streets are actually built to Federal standards.

E & S control and stormwater management plans are required as well as VDOT approval of the entrance for the development. The Nelson County Service Authority will be contacted for recommendation on extending the service area of the Wintergreen Valley Utility, and a land disturbing permit and E & S bond will be required. Mr. Boger said that the plan meets the requirements of the subdivision ordinance and recommends approval.

Mr. George Nicklas reported that the 50-lot subdivision would consist of 27 single family dwellings, 23 carriage houses, and townhouses. E & S Control Plan is being reviewed by Allyson Sappington of TJS&WCD. The current pond on the golf course is a stormwater retention pond. The subdivision will have central water and sewer. A well that is not currently being used will be activated. Central Virginia Electric Cooperative will provide the power. HCA is working with VDOT to locate the sewer line along Rt. 151. The entrance at Tuckahoe School is commercial now and will be used as access for both this subdivision and the future Rosewood Village.

Mr. Bruguiere asked about the direction of drainage. Mr. Nicklas stated that it is carried into 2 culverts that cross Rt. 151 and drains into the Rockfish River. Mrs. Russell asked about future access from Rt. 151, either through Wintergreen Real Estate or the C & P right-of-way, and Mr. Nicklas said that all access will be from within Wintergreen, and areas around all other accesses will be bermed approximately 4 ft high.

The public hearing was opened.

Jan Burland discussed the following items: (1) There is no statement of traffic impact. She is concerned about the increased amount of traffic and safety. (2) In the past 2 years, 400+ dwelling units have been built. The proposed subdivision will add approx. 1600 additional auto trips daily. (3) The impact of this added traffic on emergency vehicles in unknown. (4) The flow of traffic from Monocan Drive as the main entrance to Stoney Creek is a concern. (5) The senior village at Rosewood will add 120 dwelling units, for a total of 170 new dwellings on 30 acres accessing one street. In addition, the Thomas Jefferson Planning District is working with the County on a comprehensive plan for Nellysford and traffic is a key issue. She suggests the TJPD be brought on board to comment on the traffic issue before a decision is made by the PC.

The public hearing closed.

Mrs. Proulx is also concerned about the traffic impact and would prefer that a traffic study be required as part of the application; however, the ordinance does not allow the PC to base its decision on traffic issues. Mr. Nicklas said that when Monocan Drive was built to State standards in 1985-86 it met or exceeded VDOT standards. VDOT is involved in the current project, both for construction and future traffic volume based on the original Master Plan for Stoney Creek.

Ms. Russell concurred with Mrs. Proulx that legally the PC is unable to base subdivision approval on traffic congestion. The public is aware of the situation and has spoken out. Mr. Boger said traffic studies are being done now, and Allyson Sappington of TJS&WCD anticipates no problems with the E & S plan. Ms. Russell felt a contingency regarding access from other roads should be placed on the approval, i.e., that Monacan Drive will be the only access to this subdivision.

Ms. Russell made a motion to recommend to the BOS approval the final subdivision, as stated in the following resolution :

Recommends to the Board of Supervisors approval of the final subdivision plat, dated December 21, 2005, revised January 13, 2006, entitled    Subdivision Plat of Stone Orchard, Valley Subdivision 3-V, at Stoney Creek, Wintergreen, Nelson County, Virginia” with the understanding that any    future access from this subdivision to Route 151, other than Monacan Drive, will require County and VDOT approval.

Mr. Bruguiere provided the second and motion passed 6-0.

Ms. Russell made a motion to recommend to the BOS approval of street exceptions, as stated in the following resolution :

Recommends to the Board of Supervisors approval of the exception to    Subdivision Ordinance Section 4-6, “Streets,” and Section 4-2-B., “Improvements – General Requirements, Bonding Requirements” for Stone    Orchard, Valley Subdivision 3-V, at Stoney Creek, Wintergreen, Nelson    County, Virginia.

Mr. Bruguiere provided the second and motion passed 6-0.

Preliminary Subdivision Approval – Beverly D. & Jean G. Harner

Mr. Boger reported that Mr. Massie Saunders, representing Beverly D. & Jean G. Harner, has submitted a preliminary subdivision plat to divide approximately 93.993 acres into 13 lots. The subject property is located on State Route 632 (Mill Pond Road) near Faber, Virginia. VDOT approval must be received for the proposed entrance for this development. The applicant and Mr. Saunders have been advised of the final plat requirements (see Staff Report on file).

Mr. Saunders said VDOT will be making a speed study to determine if the proposed entrance is acceptable. The subdivision will be developed in two phases. Phase I will be the lots along Rt. 632. Phase II will be the lots at the rear of the property, 9 – 13. These may be changed to several large lots. Utility easements are in place and drainfields will be done before the final plat is submitted. The cul-de-sac radius will be between 50 and 60 feet of pavement. The largest fire truck needs 60 feet to turn around. If Phase II plans change, there will be no need for the cul-de-sac.

The public hearing was opened.

Denise Lair lives adjacent to this property. She talked about the present healthy environment at this location and expressed her concern for road safety on the narrow, winding dirt road. Erosion from high water in Cove Creek has caused the road to deteriorate, and increased traffic will increase the problem. Several proposed driveways will cross a stream and a determination must be made of whether this is acceptable.

Todd Tweedy spoke of the historic significance of this area and expressed concern over the slave cemetery that is located somewhere on tract 2, the infrastructure for fire and rescue, the one-lane road, and train bridge on the dirt road. He said the PC should not approve this preliminary plat.

Tom Hinds has road concerns and opposes the subdivision.

Deb Brent said the one-lane dirt road floods often and access to this subdivision is in a low-lying area. Laurel Road would be a more feasible access. She opposes the subdivision.

The public hearing was closed.

Mr. Harman asked about future road improvements and Mr. Boger said he was not aware of any planned improvements. A traffic count will be done and the PC could ask the BOS to place this road on the 6-year road improvement plan.

Ms. Russell stated understanding of the community’s feelings about additional homes being built. At this time, however, the applicants have met the requirements for a preliminary subdivision. Mr. Saunders said other issues will be addressed when the final plat is submitted, i.e. the cemetery mentioned earlier, VDOT approvals, E & S Control Plan, Army Corps of Engineers, etc.

Ms. Russell made a motion to approve the preliminary subdivision, as stated in the following resolution :

Approves the preliminary subdivision plat, dated November 15, 2005,    entitled “Plat Showing a Topo/Boundary Overlay for Preliminary    Subdivision Purposes for Beverly D. & Jean G. Harner.”

Mr. Bruguiere provided the second and motion passed 6-0. No BOS action is required on this plat.

Final Subdivision Approval – Carl Evans

Mr. Boger reported that Mr. Carl Evans has submitted a final subdivision plat dividing off two acres from lot 13 of the Glades Subdivision located on State Route 722 (Glade Road), Schuyler, tax map #61-4, Parcel 13. The soil work has been approved and permits for septic and well have been issued by the Health Department. This is part of an original subdivision and requires PC approval. Staff recommends approval.

The public hearing was opened, there were no comments, and public hearing was closed.

Mrs. Hunt made a motion to recommend to BOS approval of the final subdivision, as stated in the following resolution :

Recommends to the Board of Supervisors approval of the final subdivision plat, dated December 16, 2005, revised January 3, 2006, entitled “A Plat of a 2.00 Acre Lot Near Randolph’s Store Surveyed for Carl Evans.”

Ms. Russell provided the second and motion passed 6-0.

Other Business
Mr. Bruguiere asked Mr. Boger what is needed for Crabapple Estates to be able to submit their final plat. Mr. Boger said that fire hydrant plans and easements for electricity and sewer are required. The number of lots has been reduced from the original plan.

Mr. Bruguiere gave the Commissioners a report on the Conditional Use Permits for Ray and Susan Fitzgerald and A. G. Small/Jason Harvey, both of which were approved by the Board of Supervisors on January 10, 2006. Mr. Bruguiere said that the permits were approved for 3 years, contingent upon yearly satisfactory review. If there are obvious violations during that time, i.e. noise, etc. the permit(s) can be withdrawn. He also stated that the hours of operation are Monday through Friday. The Board anticipates an appeal of the decision on Small/Harvey. As a result of the BOS approval of this application, the County must now amend the current and proposed zoning ordinances.

Adjournment
At 9:30 Ms. Russell made a motion to adjourn, Mr. Harman provided the second, and motion passed 6-0.

Next Meeting
February 22, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT
FOR ST. MARY CATHOLIC CHURCH

WHEREAS, Gwen Casale, representing the Catholic Diocese of Richmond, has submitted an application for Conditional Use Permit #2006-001, pursuant to Zoning Ordinance Section 12-5, “Uses not provided for,” allowing the St. Mary Catholic Church building located on the corner of Pleasant Street and Front Street, Lovingston, to be used as a residence as well as a business. The 0.07 acre property is identified as Tax Map #58B-3, Parcel 2A, and is currently zoned B-1; and

WHEREAS, a notice of Public Hearing for the review of the application by the Nelson County Planning Commission was published in the Nelson County Times on January 5 and 12, 2006; and

WHEREAS, on January 25, 2006, the Nelson County Planning Commission held the required public hearing on said Conditional Use Permit; and

WHEREAS, on January 12, 2006, adjoining property owners were notified of the public hearing on this plat; and

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

1.   Recommends to the Board of Supervisors approval of the Conditional Use Permit #2006-001 application for St. Mary Catholic Church dated December 7, 2005.

Motion made by Commissioner: Mr. Bruguiere

Motion seconded by Commissioner: Mr. Harman

Motion Failed by vote of 3-3.

                       APPROVED: __________________________
                                                  CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 25, 2006


A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR STONE ORCHARD, VALLEY SUBDIVISION 3-V
AT STONEY CREEK

WHEREAS, High Country Associates has filed a final subdivision plat with the Nelson County Planning Department to divide 18 acres into 50 lots on plat dated December 21, 2005, revised January 13, 2006, located in Stoney Creek, Nellysford, Virginia, identified as Tax Map #22-A-9; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on January 5 and 12, 2006; and

WHEREAS, on January 25, 2006, the Nelson County Planning Commission held the required public hearing on said preliminary plat; and

WHEREAS, on January 17, 2006, adjoining property owners were notified of the public hearing on this plat;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

2.   Recommends to the Board of Supervisors approval of the final Subdivision Plat, dated December 21, 2005, revised January 13, 2006, entitled “Subdivision Plat of Stone Orchard, Valley Subdivision 3-V, at Stoney Creek, Wintergreen, Nelson County, Virginia” with the understanding that any future access from this subdivision to Route 151, other than Monocan Drive, will require County and VDOT approval.

Motion made by Commissioner: Ms. Russell

Motion seconded by Commissioner: Mr. Bruguiere

Motion Passed:   6-0               APPROVED: __________________________
                                                  CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:    January 25, 2006

A RESOLUTION
RECOMMENDING APPROVAL OF EXCEPTION TO
SUBDIVISION ORDINANCE SECTION 4-6 FOR STONE ORCHARD, VALLEY SUBDIVISION 3-V AT STONEY CREEK

WHEREAS, High Country Associates has filed a request with the Nelson County Planning Department for an exception to Subdivision Ordinance Section 4-6, “Streets, to permit construction of the new roads within a 40-foot right-of-way instead of the required 50 feet, and to Section 4-2-B., “Improvements – General Requirements, Bonding Requirements,” to waive the required bond for construction of new streets; and

WHEREAS, a notice of Public Hearing for the review of this exception by the Nelson County Planning Commission was published in the Nelson County Times on January 5 and 12, 2006; and

WHEREAS, on January 25, 2006, the Nelson County Planning Commission held the required public hearing on said requested exception; and

WHEREAS, on January 17, 2006, adjoining property owners were notified of the public hearing on this plat;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

3.   Recommends to the Board of Supervisors approval of the exception to Subdivision Ordinance Section 4-6, “Streets,” and Section 4-2-B., “Improvements – General Requirements, Bonding Requirements” for Stone Orchard, Valley Subdivision 3-V, at Stoney Creek, Wintergreen, Nelson County, Virginia.

Motion made by Commissioner: Ms. Russell

Motion seconded by Commissioner: Mr. Bruguiere

Motion Passed:   6-0               APPROVED: __________________________
                                                  CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 25, 2006


A RESOLUTION
APPROVING THE PRELIMINARY
SUBDIVISION PLAT FOR BEVERLY D. AND JEAN G. HARNER

WHEREAS, Beverly D. and Jean G. Harner have filed a preliminary subdivision plat with the Nelson County Planning Department to divide 93.993 acres into 13 lots on plat dated November 15, 2005, located on State Route 632 (Faber Road), identified as Tax Map #48-A-15B; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on January 5 and 12, 2006; and

WHEREAS, on January 25, 2006, the Nelson County Planning Commission held the required public hearing on said preliminary plat; and

WHEREAS, on January 17, 2006, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, Staff has received input from the Site Plan Review Committee and passed that information to the applicant for inclusion on the final subdivision plat;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

4.   Approves the preliminary Subdivision Plat, dated November 15, 2005, entitled “Plat Showing a Topo/Boundary Overlay for Preliminary Subdivision Purposes for Beverly D. & Jean G. Harner.”

Motion made by Commissioner: Ms. Russell

Motion seconded by Commissioner: Mr. Bruguiere

Motion Passed:   6-0               APPROVED: __________________________
                                                  CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 25, 2006

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR CARL EVANS

WHEREAS, Carl Evans has filed a final subdivision plat with the Nelson County Planning Department to divide 2.00 acres from an existing 10.00 acre parcel located on State Route 722 (Glade Road), identified as Tax Map #61-4-13; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on January 5 and 12, 2006; and

WHEREAS, on January 25, 2006, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, on January 17, 2006, adjoining property owners were notified of the public hearing on this plat; and

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

5.   Recommends to the Board of Supervisors approval of the final Subdivision Plat, dated December 16, 2005, revised January 3, 2006, entitled “A Plat of a 2.00 Acre Lot Near Randolph’s Store Surveyed for Carl Evans.”

Motion made by Commissioner: Mrs. Hunt

Motion seconded by Commissioner: Ms. Russell

Motion Passed:   6-0               APPROVED: __________________________
                                                  CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 25, 2006