Planning: March 22, 2006

March 22, 2006

NELSON COUNTY PLANNING COMMISSION
MINUTES
March 22, 2006

Present: Vice Chair Emily Hunt, Dolores Truesdale, Michael Harman, Supervisor/Commissioner Thomas Bruguiere, Commissioner Linda Russell

Absent: Chair Philippa Proulx

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: In Chair Proulx’s absence, Vice Chair Hunt called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse.

Approval of Minutes:
Commissioner Russell made a motion to approve the minutes from March 8, 2006 with the following correction: Pg. 1 – Mr. Boger said that an applicant can reduce the number of lots after the Final Plat has been approved by the BOS, but must submit a new plat which the Planning Director can approve administratively. An increase in the number of lots after Final Plat approval would require PC and BOS approval of a new plat. Commissioner Harman provided the second, and motion passed 3-0, with Commissioner Russell and Supervisor/Commissioner Bruguiere abstaining.

Rezoning #2006-001 – Rockfish Investment Co., LLC

Mr. Boger reported that Mr. Gordon Smyth, Managing Partner, Rockfish Investment Co., L.C. is requesting to rezone approximately 6.647 acres of land from Agricultural, A-1 to Business, B-1 (Conditional). The property is located on Pheasant Run in Nellysford behind the Montague-Miller Realty office.

As part of the rezoning request, the applicant voluntarily proffered to exclude the following uses:
•   8-1-5   - Gasoline filling stations and/or the servicing and minor repairing of motor vehicles when in an enclosed structure.
•   8-1-11 - Waterfront business activities: wholesale and retailing marine activities such as boat docks, piers, small boat dock, yacht clubs, and servicing facilities for the same; activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront.
•   8-1-20   - Automobile graveyard, class A.
•   8-1-6 – Golf driving ranges and miniature golf courses.
•   8-1-14 – Sale of new and/or used cars.

It is Mr. Boger’s understanding that the applicant has a client who is interested in purchasing a 1 ½ acre lot to construct a new building for a physical therapy practice. Although the applicant is aware that he could apply for an office in the Agricultural district, he prefers the rezoning procedure instead. The applicant believes the property should now be developed for commercial uses instead of residential uses. The Comprehensive Plan recommends this area as Village Mixed Use. The plat from the original subdivision (Pheasant Run) may need to be revised, with administrative approval, if the number of lots is reduced from five. If the road or boundary lines change, a site plan would be required and road standards met.

Mr. Sam D. Eggleston, III, Attorney at Law, representing Mr. Smyth, stated that the subdivision was originally owned by Tim Hess who sold it to Rockfish Investment. Some of the adjoining property is B-1 and some is A-1. Plans for the road changed from the original plat with a 10’ easement to a 50’ right-of-way. Current homeowners use this right-of-way and can continue to do so. There is an agreement in place to sell 1 ½ acres and lots will be reconfigured as plans are completed. It is more feasible to rezone all the parcels rather than leaving some as A-1. Supervisor/Commissioner Bruguiere agreed, saying that he didn’t consider this “spot zoning.”

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

Commissioner Russell said she was pleased to see the additional proffers and would like to see 8-1-15 proffered also (public utilities). She said this was realistic use of the property and the future vision for Nellysford.

Commissioner Russell made a motion to recommend approval to the Board of Supervisors, as stated in the following Resolution:

Recommends to the Board of Supervisors approval of the rezoning application #2006-001 for Rockfish Investments, L.L.C., for five lots identified as Tax Map #21-15, Parcels 1, 2, 3, 4, and 5, from A-1, Agricultural to B-1, Conditional, with the proffer that excludes the following businesses:
       a. 8-1-5 – Gasoline filling stations
       b. 8-1-11 – Waterfront business activities
       c. 8-1-20 – Automobile graveyard, class A
       d. 8-1-6 – Golf driving ranges and miniature golf courses
       e. 8-1-14 – Sale of new and/or used cars

Mr. Harman provided the second, and motion passed 5-0. This recommendation will go to the Board of Supervisors for consideration of April 11, 2006.

Final Subdivision – Rockfish Heights, Section 1

Mr. Boger reported that Mr. Jace Goodling, representing Winter Wren Partnership, LLP, has submitted the final subdivision for Section 1, Rockfish Heights Subdivision, located on Route 627, Spruce Creek Lane. The preliminary subdivision plat was approved by the Commission on August 24, 2005. The required soils work for this seven-lot subdivision was approved on February 10, 2006. VDOT has approved the location of the entrance for the subdivision and the engineer needs to show the entrance detail on the plans for Rockfish Heights road. The details shown on the plans are for the private entrances for each lot. The Erosion and Sediment Control Plan is nearing final approval by the Thomas Jefferson Soil and Water Conservation District Office. The Planning Department has received their written comments on the plan. Some innovative techniques have been developed for stormwater management; i.e. roof rain water utilization, storage tanks, etc. The State Fire Marshall in Roanoke has supplied calculations for the dry hydrant requirement of 10,000 gallons for this subdivision. Commissioner Russell said she would like to have this information for future reference.

Commissioner Russell asked whether subsequent phase of the development would be regulated by the new ordinance. Mr. Boger replied that Mr. Payne, County Attorney, has been consulted about this. It may be possible to add a provision to the zoning ordinance that if work is progressing at the time of the new ordinance, the development may be allowed to continue under the present ordinance (grandfathered). Commissioner Russell questioned the bridge that will be constructed over the stream, and Mr. Boger said that is in Section 2. E & S calculations will be done for the entire site, and approved by Alyson Sappington of TJS&WD in sections/phases.

The road maintenance agreement has also been drafted and is being reviewed by the County Attorney. The homeowners’ agreement has also been received in draft form. Both require revisions.

Mr. Jace Goodling, applicant, was present. He stated that in addition to restricting work in the stream located on the property, no work will be done within 50’ of the stream. There are 100 acres total, and 33 acres are in section 1. Commissioner Russell questioned the actual acreage of lot 1 since different amounts were shown on Page 1 and Page 2 of the plat. Mr. Goodling and Mr. Brenneman will correct this discrepancy. Mr. Goodling stated also that the dry hydrant will be added into the convenant. A private contractor is being used to provide water to the holding tank for the dry hydrant. He had received calculations of 10,000 gallon requirement from Fire Marshall Tom Payne in Roanoke who is no longer located in that office. Mr. Ben Powell is preparing the calculation formula and will send it to Mr. Goodling.

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

Commissioner Russell made a motion to recommend approval to the Board of Supervisors, as stated in the following Resolution:

Recommends to the Board of Supervisors approval of the final Subdivision Plat, dated February 16, 2006, entitled “Plat for Rockfish Heights Section 1” under the following conditions:
a.   Receipt of approved E & S Plan for Section 1
b.   Receipt of revised homeowners’ covenants, restrictions and maintenance agreement
c.   Correction of number of acres on lot 1, page 2.
   In addition, the PC would like to receive, but cannot require, a narrative on        the size and construction of the dry fire hydrant.

Mr. Harman provided the second, and motion passed 5-0. This recommendation will go to the Board of Supervisors for consideration of April 11, 2006.
Site Plan #98-17 & 99-1 Amendment – Virginia Oil Company

Mr. Boger reported that Ms. Kay Jeffries, representing Virginia Oil, is requesting to amend the site plan for the McDonald’s/Liberty building for a platform located underneath the gas price sign. The purpose of the platform is to enable employees to change the prices in a more efficient way. A landscaping plan and elevation drawing have been submitted to show how the platform will be constructed and how it will look after the landscaping plants reach maturity. The deck is twenty feet long, four feet wide and three feet above the dirt mound beneath it. The plans submitted to the Building Inspection Department called for all steel construction; however, a wooden platform was built prior to applying for the building permit. That will be addressed with the owner by the B. I. Department.

Mr. Boger continued by saying that the subject property is zoned Business, B-1, and the platform is an accessory structure for the building. The setback requirements to be used in this case are ten (10) feet from any property line and the height shall be less than the main building. It appears the platform complies with these requirements. The only questionable area is where the property line is located along Callohill Drive. Assuming the property line is along the top of the bank, the platform would be ten feet back. At this time the platform appears to meet zoning requirements and the amendment cannot be denied for aesthetic reasons.

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

Commissioner Russell expressed concern about the height of the sign and questioned whether the prices could be placed on a separate sign which would not require the platform be used to change prices. Mr. Boger said that the sign was constructed according to the site plan and was 35’ high, which is allowed by right in the B-1 zoning district. Commissioner Russell also expressed concern about possible safety issues with children climbing onto or jumping off of the platform. She called the platform an “attractive nuisance,” and consequently, would not vote to approve the site plan amendment.

Supervisor/Commissioner Bruguiere made a motion to approve the site plan amendment, as stated in the following Resolution:

Approves amendment to Site Plan #98-17 and #99-1 for Virginia Oil Company, Callohill Drive, Lovingston, Virginia, to add a platform located underneath the gas price sign, with landscaping, as shown on documents submitted by Kay Jeffries, representing Virginia Oil Company.

Mr. Harman provided the second, and motion passed 3-2, with Commissioners Bruguiere, Truesdale and Harman voting yes, and Commissioners Russell and Hunt voting no.

Other Business

Discussion of Resolutions on Vegetative Rubbish Recycling Facility and Residential Dwellings in B-1 Zoning District

The Board of Supervisors has passed these resolutions to the PC for action; i.e. public hearing and amendment to the ordinance, to be completed within 100 days after this March 22 meeting. Chair Proulx recommended, via Commissioner Russell, that the resolutions be put on the agenda for discussion in April, advertised for a May public hearing, and submittal to the Board in June. Mr. Boger stated that the County Attorney has recommended that no standards be added to the Conditional Use Permit. Commissioner Russell asked that the following items be provided before the discussion of these Resolutions: (1) Listing of guidelines that can be given to applicants when they apply for these types of Conditional Use Permits; (2) The proposed zoning map showing Rural-Farming and Rural-Residential to see if these uses should be considered for R-R also; (3) Copy of Section 10.1.T of the Solid Waste Ordinance; and (4) List of current B-1 locations in the County.

It was the consensus of the Commissioners to discuss the resolutions further in April, advertise for public hearing in May, and submit to the Board in June.

Liason Report – Supervisor/Commissioner Bruguiere
Mr. Bruguiere stated that Crabapple Estates requested postponement of their final subdivision review until April 11. The Army Corps of Engineers has determined that there is a wide stream on the property which will affect the E & S Plan.

Adjournment
At 9:05 Commissioner Harman made a motion to adjourn, Commissioner Russell provided the second, and motion passed 4-0 (Bruguiere having left the meeting a few minutes before the adjournment).

Next Meeting: April 26, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF
REZONING APPLICATION #2006-001 FOR
ROCKFISH INVESTMENT CO., L.C.

WHEREAS, H. Gordon Smyth, Managing Partner for Rockfish Investment Co., L.C., has filed an application to rezone five (5) lots from A-1 to B-1, Conditional, identified as Tax Map #21-15, Parcels 1, 2, 3, 4, and 5, located west of State Route 151, Nellysford, Virginia; 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 March 2 and 9, 2006; and

WHEREAS, on March 13, 2006, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on March 22, 2006, the Nelson County Planning Commission held the required public hearing on said rezoning application; and

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

Recommends to the Board of Supervisors approval of the rezoning application #2006-001 for Rockfish Investments, L.L.C., for five lots identified as Tax Map #21-15, Parcels 1, 2, 3, 4, and 5, from A-1, Agricultural to B-1, Conditional, with the proffer that excludes the following:
   a. 8-1-5 – Gasoline filling stations
   b. 8-1-11 – Waterfront business activities
   c. 8-1-20 – Automobile graveyard, class A
   d. 8-1-6 – Golf driving ranges and miniature golf courses
   e. 8-1-14 – Sale of new and/or used cars

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0
APPROVED: __________________________
VICE CHAIR

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

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR ROCKFISH HEIGHTS

WHEREAS, Winter Wren, LLP, has filed a final subdivision plat with the Nelson County Planning Department to divide 33.843 acres into seven lots located on State Route 627, identified as Tax Map 21-A-22 and 21-A-24F; 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 March 2 and 9, 2006; and

WHEREAS, on March 13, 2006, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on March 22, 2006, the Nelson County Planning Commission held the required public hearing on said final 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 16, 2006, entitled “Plat for Rockfish Heights Section 1” under the following conditions:
a.   Receipt of approved E & S Plan for Phase 1
b.   Receipt of revised homeowners’ covenants, restrictions and maintenance agreement
c.   Correction of number of acres on lot 1, page 2.
   In addition, the PC would like to receive, but cannot require, a    narrative on the size and construction of the dry fire hydrant.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0
APPROVED:
__________________________
VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary

                                   DATE:     March 22, 2006

A RESOLUTION
APPROVING SITE PLAN #98-17 & #99-1 AMENDMENT
FOR VIRGINIA OIL COMPANY

WHEREAS, Virginia Oil Company, owner of the Liberty station on Callohill Drive, Lovingston, Virginia, (Tax Map # 57-A-34N) has requested amendment of Site Plan #98-17 and #99-1 to add landscaping and a platform located underneath the gas price sign; 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 March 2 and 9, 2006; and

WHEREAS, on March 13, 2006, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on March 22, 2006, the Nelson County Planning Commission held the required public hearing on said rezoning application; and

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

Approves amendment to Site Plan #98-17 and #99-1 for Virginia Oil Company, Callohill Drive, Lovingston, Virginia, to add a platform located underneath the gas price sign, with landscaping, as shown on documents submitted by Kay Jeffries, representing Virginia Oil Company.

Motion made by Commissioner: Thomas Bruguiere

Motion seconded by Commissioner: Michael Harman

Motion Passed:   3-2
(Bruguiere, Truesdale, and Harman – Yes, Russell and Hunt – No)

APPROVED: __________________________
VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary

DATE:     March 22, 2006