Planning: February 22, 2006

February 22, 2006

NELSON COUNTY PLANNING COMMISSION MEETING MINUTES February 22, 2006

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

Absent: Mrs. Emily Hunt

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.

Approval of Minutes: Mr. Harman made a motion to approve the minutes from December 28, 2005 as presented, Ms. Russell provided the second, and motion passed 5-0.

Ms. Russell made a motion to approve the minutes from January 25, 2006 as presented, Mr. Harman provided the second, and motion passed 5-0.

Site Plan #2006-001 – Garden Trade, LLC Mr. Boger reported that Mr. Robert A. Ballard and Mrs. Susan B. Viemeister are requesting approval of a site plan for a proposed garden center to be located at 71 River Road, the former Walton’s Mountain Country Store site at Woods Mill. The proposed improvements include a 18’ x 48’ greenhouse, one or two small garden sheds for storage and/or display, picket fence with gates across the face of the property, future lath house, outdoor sales benches for plants, and a new well in the rear of the property. The property is zoned Agricultural, A-1, and is located in the 100 year floodplain of the Rockfish River.

On February 6, 2006, the Nelson County Board of Zoning Appeals approved a Special Use Permit to permit the garden center to be located within the floodplain. The new structures must be constructed according to floodplain and building code requirements. The display tables must be anchored to prevent flotation during a flood event. Buildings will have open sides or slats on the sides through which water can move. The existing parking area is in VDOT’s right-of-way. Twenty-one (21) off-street parking spaces are planned. VDOT will permit the parking to continue, provided some improvements are done to prevent vehicles from backing out onto Route 6.

Additionally, a survey of the parcel has not been located; however, the site is well defined on the site plan. The Building Official will require that the bathroom in the main building be brought up to ADA standards. An erosion control plan will be required if more than 10,000 sq. ft. of land is disturbed. The Health Department must approve the new well, as well as the existing septic system. The Building Official has been very supportive of the project and sees it as no change in the retail use of the building.

Mrs. Proulx reiterated that the anchoring must be approved by the Building Official and the Planning Director. She asked about the use of pesticides and chemical runoff into the river.

The applicants were present to answer questions from the Commissioners.

The public hearing was opened.

Rob Rutherford spoke in favor of the project and welcomes the new neighbors.

The public hearing was closed.

Ms. Viemeister responded to Mrs. Proulx’s question by stating that no chemicals will be stored on the site since this is not a plant-growing operation. Organic fertilizers will be used on the plants before they are brought to the site for sale.

Ms. Russell is in favor of the project and suggests the conditions placed on the approval by the BZA apply to the PC approval also.

Ms. Russell made a motion to recommend approval of Site Plan #2006-001, as stated in the following resolution:

Approves Site Plan #2006-001, entitled “Conceptional Plan for Garden Trade – Proposed Location at: Walton’s Mountain Country Store, 71 River Road, Faber,” dated January 2, 2006 with the following condition: Applicant receives approval from Building Inspections and Planning and Zoning for all anchoring.

Mr. Harman provided the second. Ms. Russell made a motion to amend her motion to change the date of the site plan document, as stated in the following resolution:

Approves Site Plan #2006-001, entitled “Conceptional Plan for Garden Trade – Proposed Location at: Walton’s Mountain Country Store, 71 River Road, Faber,” dated February 20, 2006 with the following condition: Applicant receives approval from Building Inspections and Planning and Zoning for all anchoring.

Mr. Harman provided the second and motion passed 5-0.

Final Subdivision – Crabapple Estates

Mr. Boger made the following report: * Mr. Thomas Brooks, Acres of Virginia, Inc., representing Mountain View III, Inc., has submitted the final subdivision plat for Crabapple Estates located on Jenny’s Creek Road. The preliminary subdivision plat was approved by the Commission on July 28, 2004 for 27 lots. The number of lots on the final subdivision plat is 23.

* The proposed road system for this development has been revised from a circular road to a single road ending with a cul-de-sac, with a radius of 80 feet. The road will be constructed according to State road standards. Approval of the road design will be VDOT’s responsibility.

* The first 16 lots (Phase 1) will be served by public sewer from the Henderson’s Store facility. There is presently capacity for 6.4 lots with the possibility of increasing to 16 lots. Phase III of the Colleen sewer system is in process, but may take 2 years or less, according to Tim Castillo of the Service Authority. A note has been added to the plat stating that lots shall be served by public sewer. No building permit will be issued without well and public sewer.

* Appalachian Power has an easement to provide electric service to this site. The developer has attempted to contact the chief of the Piney River Volunteer Fire Department to review with him the proposed details of the dry fire hydrant to make sure it will meet their requirements.

* A notation should be made on the plat regarding private wells.

* The County Attorney has informed Staff that mineral rights associated with this property are outside the jurisdiction of the Planning Commission and are not part of the subdivision review.

Mr. Bruguiere said the Colleen sewer system should go out to bid for construction by late June with construction to begin by October 2006. It will be available for hook-up in approximately 2 years. Ms. Russell confirmed that this is a 2-phase project and the PC is being asked to approve the entire project, even without sewer availability for all the lots. Mr. Boger said that if the sewer system is not available, the applicant can submit a revised plat with an alternative system.

Ms. Russell asked Mr. Boger which zoning ordinance would apply to future phases - the present or proposed ordinance. Mr. Boger said that the Health Department requirements must be met, regardless of which ordinance is in effect at the time of future development. If the developer is unable to use the public sewer, the site plan would be revised to show an alternative system which may result in the loss of a lot to accommodate the private system. The sewer system mustl be bonded. The County has control over how many hook-ups are allowed on the sewer system and they are available on a first-come, first-serve basis.

Mr. Boger said that it was his understanding that the E & S plan has been submitted to Allison Sappington (TJS&WCD) and that it looks positive at this time; however, final approval is needed. The road plan has been submitted to VDOT and VDOT has approved the entrance and has indicated that site distance is acceptable. Ms. Russell asked if the Army Corps of Engineers had been consulted regarding the wetlands. Lots 1 and 23 will be accessed from Crabapple Road rather than Jenny’s Creek Road.

Mr. Thomas Brooks represented Mountain View, III, owned by Rob Rutherford. He stated that the subdivision consists of 23 lots with a minimum lot size of 1.00 acre. The new road takes approximately 2 acres which will be a dedicated right-of-way to VDOT. The lots total approximately 29.58 acres. The cul-de-sac has a radius of 80 ft. with 120 ft. diameter of the pavement. The entrance meets sight distance standards permitted by VDOT and an easement has been given along the road to keep brush and trees from obscuring view. The development will be done in 2 phases. Phase 1 will be for 16 single-family lots. Phase 2 will be 7 single-family lots. The existing well location on Lot 5 will be used to produce water for the proposed dry hydrant. There is a 15’ designated water line easement on Lot 20. The owner of Lot 20 will be responsible for maintenance of the dry hydrant. There is access to the hydrant from the shoulder of the road. Design of the hydrant was based on national fire code standards for water supply in suburban and rural fire fighting with a minimum clearance of 20 feet on each side and 100 ft. from all structures. Signage (identification numbering) of the dry hydrant has been designed using approved engineering design standards which will be signed and sealed by engineers at Acres of Virginia, Inc. The dry hydrant will be accessible under all weather conditions. The tank has a 5000 gallon capacity and can be filled by local fire departments, if necessary. The hydrant will be equipped with 6’ light weight well casing extended to within 18” of the bottom of the tank. The storage tank will be flush with the ground and the top of the tank will have a lid of 4’ pre-cast reinforced concrete sized to fit the storage tank. Production will be 20 gallons/minute to the storage tank. Lot 5 will have a house and dry hydrant and can possibly use the same well. The depth of the dry hydrant tank is 8’ and it will remain full at all times.

Mr. Brooks continued by saying that the E & S plan has been submitted to Alyson Sappington for review. Road plan and profiles will be sent to VDOT by Friday afternoon or Monday morning. Lots will be served by public sewer, as noted on the plat. RLD (Responsible Land Distruber) permit will be obtained and DEQ and Army Corps of Engineers consulted about pipes in the wet weather stream. No construction will commence until the plans are signed, approved, bonding is placed, etc.

Mr. Brooks displayed pictures of the types of home to be constructed in Crabapple Estates, with prices ranging from $145-165,000. It will take approximately 5 years to build out this subdivision. Topographical work has been done and is shown on the plat. A possible location for an alternative sewage treatment system has been found, if that becomes necessary. The site plan would be amended if that transpires.

Mr. Bruguiere asked of a 50’ setback would be needed from the wet weather stream. Mr. Boger said he would consult with the County Attorney about this.

Mr. Brooks said that the access to Henderson’s Store sewer system will pumping from the subdivision up to the County sewer connection. Mr. Bruguiere said that easements will have to be obtained from property owners. Mr. Rutherford stated that he has the easements at this time.

The public hearing was opened.

George Clarkson – adjoining property owner and fire chief said that no one called him regarding the dry hydrant. He asked if the water line going into the tank would be pressurized at all times and stated that the wet weather branch runs much of the year, except in times of extreme drought. He wanted to know which property owners had given a right-of-way easement for the sewer line and stated there where too many unanswered questions about the plan to have it approved at this time.

Massie Saunders, surveyor. Mr. Saunders was very concerned about fire protection. He showed pictures of fire trucks from the local fire department, the one-lane bridge, road, etc. and stated that fire equipment can’t get through Jenny’s Creek Road now. He has observed standing water in ruts where a logging skidder came through 4-6 months ago, which shows that there is no perc rate on the soil. Erosion is taking place now and control of the run-off water is an issue. There are 3 dry hydrants in the County and each requires 3 feet of water over the intake on the system. If the tank is 8’ deep, 3’ over the top, and 18” below for a total of 4 ½ ft. of water, that means it will need a large top tank to maintain those requirements. Units pump at 500 gallons per min. A 5000 gallon tanker would pump the dry hydrant dry on the first load brought to a fire. He asked where the public sewer easement is coming from. He stated that no property owner on Jenny’s Creek Road was going to give such an easement. He also stated that the sewer system from Rt. 56 to Colleen could be 2-4 years in the future and 100% of the easements are required before start-up. If a private system has to be used, he questioned whether there would be enough flow to carry the sewage.

Mr. Saunders said that the subdivision ordinance requires that alternative waste treatment systems be designed and submitted to the Health Department as part of the subdivision plat. This has not been done. The E & S plan and VDOT approval have not been received at this time, and Service Authority hook-ups are also incomplete at this point. All approvals are needed before approval can be given by the PC.

The public hearing was closed.

Mr. Brooks stated that there are no plans to pressurize the line to the dry hydrants. The capacity of the well is 20 gallons/minute. If additional water is needed, it will be the responsibility of the fire department to provide the water that is needed. Jenny’s Creek Road may be upgraded via VDOT’s six-year plan. The wet weather branch runs freely when the weather is rainy; otherwise, it is dry. Mrs. Proulx asked about the easements to the property. Mr. Boger said that he (Mr. Rutherford) has said he has the easements, which are required. Mr. Bruguire said the sewer system for Phase 1 is public, and easements are needed to get the line to the County connection. Also, Jenny’s Creek Road upgrade is not in the current 6-year plan by VDOT.

Ms. Russell said she understood that DEQ does not want the Henderson’s Store system to be expanded due to the problems they’ve had with it and questioned whether DEQ is willing to accept 16 additional units to the system. Mr. Boger said that a letter will need to be sent to DEQ describing the initial 6 hook-ups and the proposed 10 additional hook-ups, which will bring the capacity to a maximum of 80%.

Mr. Harman also asked about the easement approvals. Mr. Rutherford said the easements are in place. Mrs. Proulx said the easements to bring the line to the subdivision should be documented. Access to utilities has not been shown on the plat.

Mrs. Proulx discussed with the other Commissioners delaying approval until more information is received. (Mr. Saunders was adamant about making further points; however, the public hearing had been closed and the comments could not be heard.)

Ms. Russell recapped the situation as she understood it: E & S approval has not been received, the wet weather branch setback has not been determined, VDOT has approved the entrance and road, Lots 1 & 23 will be accessed from Crabapple Road, and if public sewer is not available, the developer cannot get a building permit.

Ms. Russell made a motion to recommend to the Board of Supervisors approval of the final subdivision plat, as stated in the following resolution:

Recommends to the Board of Supervisors approval of the final subdivision plat, dated February 22, 2006, entitled “Plats Showing Lots 1-23 – Crabapple Estates” with the following conditions: 1) Lots 1 and 23 must access off of Crabapple Road; 2) E & S approval is received to the satisfaction of the Planning Director; and 3) Determination is made to the satisfaction of the Planning Director of whether a 50 ft. setback is required from the wet weather branches, as indicated on the plat.

Mr. Bruguiere provided the second and motion passed by vote of 3-2 with Mr. Bruguiere, Ms. Russell and Mrs. Truesdale voting yes and Mrs. Proulx and Mr. Harman voting no.

Other Business:

Discussion of the proposed revised applications for SUP, CUP, and Rezoning was postponed until a future meeting.

Mr. Bruguiere gave the BOS liaison report. The BOS approved a CUP for St. Mary Catholic Church to allow residential use for this structure which is in the B-1 zoning district. They felt it supported downtown revitalization. The BOS will be preparing a resolution to amend the zoning ordinance as a result of the CUP and the two CUPs for stump grinding that were recently approved.

Adjournment:

At 9:30 P. M. Ms. Russell made a motion to adjourn, Mr. Bruguiere provided the second, and motion passed 5-0.

Respectfully submitted,

Betty Fortune Planning Secretary

A RESOLUTION APPROVING THE SITE PLAN FOR GARDEN TRADE NURSERY

WHEREAS, Mr. Robert A. Ballard and Ms. Susan B. Viemeister have filed the Site Plan for “Garden Trade Nursery” for a proposed garden center to be located at 71 River Road, Faber, Virginia; and

WHEREAS, notice of public hearing was published in the Nelson County Times on February 2 and February 9, 2006; and

WHEREAS, a notice to adjacent property owners was mailed on February 13, 2006; and

WHEREAS, on February 6, 2006 the Nelson County Board of Zoning Appeals reviewed and approved the Special Use Permit to construct site improvements at the former Walton’s Mountain Country Store which lies within the 100 year floodplain of the Rockfish River, with the following conditions: 1) applicant receives approval from Building Inspections for construction of all structures; and 2) applicant receives approval from Building Inspections and Planning and Zoning for all anchoring; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the public;

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

1. Approves Site Plan #2006-001, entitled “Conceptional Plan for Garden Trade – Proposed Location at: Walton’s Mountain Country Store, 71 River Road, Faber,” dated February 20, 2006. with the following condition: Applicant receives approval from Building Inspections and Planning and Zoning for all anchoring.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0 APPROVED: __________________________ CHAIR

ATTEST: _____________________________ Planning Commission Secretary DATE: February 22, 2006

A RESOLUTION RECOMMENDING APPROVAL OF THE FINAL SUBDIVISION PLAT FOR CRABAPPLE ESTATES

WHEREAS, Mountain View III, Inc. has submitted a final subdivision plat dividing 29.584 acres into 23 lots ranging in size from 1.00 acres to 2.470 acres for property identified as Tax Map #64-A-232 on State Route 675 (Jenny’s Creek Road), Piney River, Virginia; 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:

Recommends to the Board of Supervisors approval of the final Subdivision Plat, dated February 22, 2006, entitled “Plats Showing Lots 1-23 – Crabapple Estates,” with the following conditions: 1. Lots 1 and 23 must access off of Crabapple Road; 2. E & S approval is received to the satisfaction of the Planning Director; and 3. Determination is made to the satisfaction of the Planning Director of whether a 50 ft. setback is required from the wet weather branches, as indicated on the plat.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Tom Bruguiere

Motion Passed: 3-2 Tom Bruguiere – Yes Linda Russell – Yes Dolores Truesdale – Yes Philippa Proulx – No Michael Harman – No APPROVED: __________________________ CHAIR

ATTEST: ______________________________ Planning Commission Secretary DATE: February 22, 2006