Planning: June 28, 2006

June 28, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
June 28, 2006

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt, Dolores Truesdale and Michael Harman, and Supervisor/Commissioner Thomas Bruguiere

Staff Present: Planning Director Fred Boger and Secretary 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:
Minutes from the May 24, 2006 Planning Commission meeting were reviewed with no changes made. Supervisor/Commissioner Bruguiere made a motion to approve the minutes, Commissioner Harman provided the second, Commissioner Hunt abstained, and motion passed 5-0.

Final Site Plan #2006-003 – Stoney Creek Medical Practice

Mr. Boger reported that Mark Humbertson, AIA, of BRW Architects, has submitted the site plan for a proposed 1,235 sq. ft. addition to the Stoney Creek Medical Practice located at 2871 Rockfish Valley Highway, Nellysford. The Wintergreen Architectural Review Board has approved the plan, which is now being submitted for County review.

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

The applicant was present to answer questions.

Commissioner Russell made a motion to approve the site plan, as stated in the following Resolution:

The Planning Commission approves Site Plan #2006-003 for Stoney Creek Medical Practice for a 1,235 sq. ft. addition to the existing building located on Rockfish Valley Highway, Tax Map #22-A-9A, as shown on the Site Plan dated 05/19/2006, Revised 06/19/2006.

Commissioner Harman provided the second, and motion passed 6-0.

Final Site Plan #2006-004 – The Seasons

Mr. Boger reported that Mr. Henry Smith has submitted the final plan for “The Seasons” to be constructed on the west side of Blue Ridge Drive at the intersection with Wintergreen Drive in the Village Center section of Wintergreen Resort. The project will consist of 24 townhouses which will be for sale Units will be 4 stories high with a total height of 56 feet. The total site area is 1.67 acres (72,813 sq. ft.). A subdivision plat will be submitted after the foundations have been constructed. The Erosion and Sediment Control Plan has been approved by Alyson Sappington. The Wintergreen

Architectural Review Board has approved the plan, and the number of development rights available for Wintergreen Mountain has been submitted showing sufficient development rights (28) for this project.

Ms. Russell asked who would be responsible for stormwater management. Mr. Boger said it would be the Thomas Jefferson Soil and Water Conservation District, property owners, and the County.

Mr. Henry Smith was present. He stated there would be a homeowners’ association for the townhouse residents and stormwater management will be a part of their responsibility. There will public water and sewer. He presented a revised site plan which showed the tax map numbers, as requested by the Site Plan Review team.

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

A letter opposing the site plan was received from Mr. William B. Winship and Commissioners reviewed the letter before proceeding with their decision.

Mr. Bruguiere asked if this project was already slated for development in the Master Plan and Mr. Boger said that is was and reiterated that the Wintergreen ARB has approved the plan.

Commissioner Russell made a motion to approve the site plan, as stated in the following Resolution:

The Planning Commission approves the final Site Plan #2006-004 for “The Seasons” located on Blue Ridge Drive and Wintergreen Drive, Wintergreen, Virginia, to construct twenty-four (24) townhouses, as shown on the Final Site Plan dated June 27, 2006.

Commissioner Hunt provided the second, and motion passed 6-0.

Preliminary Subdivision - “Fernside”

Mr. Boger reported that Mr. Gillies P. Rodgers has submitted a preliminary subdivision plat to divide 35.86 acres located on the north side of Deer Run Lane at its intersection with James River Road. The property is identified as Tax Map #69-3-3. Mr. Rogers will be meeting next week with Nora Iseli of the Army Corps of Engineers to discuss wetlands and stream crossings. VDOT has approved the road entrance. Prior to final plan approval by the Planning Commission, soil work, road construction plans, and E & S Control Plans must be submitted for review and approval by the responsible agencies, certifications for VDOT and Health Department, as well as the note: “Approval of this subdivision plat by the County of Nelson does not certify or guarantee the purchaser of the presence of adequate subterranean water to support the purposes of this subdivision,” and all utility and drainage easements.

Mr. Morris Foster, Surveyor representing Mr. Rodgers, said that the only stream crossing will be for a private driveway and Ms. Iseli will be looking at this also. Ms. Alyson Sappington of Thomas Jefferson Soil & Water Conservation District noted at the Site Review meeting that lot 8 is a very narrow strip of land which should have easements on it to provide a buffer from the adjoining property owned by Mr. Ronald Doran. Mr. Doran has indicated that he would be willing to negotiate purchase of this piece. At the Site Plan Review meeting, Ms. Sappington had concerns about drainage from the uppermost part of the subdivision lot. Mr. Foster said the boundary is a ridge and while there may be some drainage, it should be minimal.

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

Commissioner Harman, with Commissioner Russell suggesting that the revision date of 6/27/06 be added, made a motion to approve the site plan, as stated in the following Resolution:

The Planning Commission approves the preliminary subdivision plat for “Fernside” subdivision located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3, dividing 35.86 acres into 8 lots, as shown on the plat titled “Parcels 1 thru 8 FERNSIDE” dated 5-18-2006, revised June 27, 2006.

Commissioner Hunt provided the second, and motion passed 6-0.

Zoning Ordinance Amendment – Vegetative Rubbish Recycling Facility (Continued from May 24 Meeting)

Mr. Boger stated that once an application is approved under Section 12-5, Uses Not Provided For section of the zoning ordinance, the Board of Supervisors must amend the ordinance.

Commissioner Russell made a motion to recommend that the Board of Supervisors amend the zoning ordinance for Vegetative Rubbish Recycling Facility, as stated in the following Resolution:

1.   That Article 4 of the Zoning Ordinance entitled Agricultural District A-1, under Uses-Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Vegetative Rubbish Recycling Facility

2.   That Article 2 of the Zoning Ordinance entitled Definitions should be amended by the addition of the following subsection:

   Vegetative Rubbish Recycling Facility: a facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted on-site into firewood, and into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal.

Supervisor/Commissioner Bruguiere provided the second, and motion passed 6-0.

Zoning Ordinance Amendment – Inclusion of Dwellings in B-1 District (Continued from May 24 Meeting)

Mr. Boger briefly explained that this amendment to the ordinance was also triggered by a Board of Supervisor approval under Section 12-5, Uses Not Provided For. Commissioner Harman made a motion to recommend that the Board of Supervisors amend the zoning ordinance for inclusion of “Dwellings” in the B-1 District, as stated in the following Resolution:

That Article 8 of the Nelson County Zoning Ordinance entitled Business District B-1, under Uses – Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Dwellings

Commissioner Russell provided the second, and motion passed 6-0.

Other Business

Supervisor liaison, Thomas Bruguiere, reported that the Board approved all items sent to them from the PC last month.

Commissioner Russell recommended that the BOS be asked to address the vegetative rubbish recycling facility in the proposed zoning ordinance and that it be included as a permitted use in Rural and Farming and Industrial districts, but not in Rural Residential. Supervisor/Commissioner Bruguiere said he would discuss this with the Board when zoning ordinance workshops resume.

The Board of Supervisors has requested a joint meeting with Planning Commission. Commissioners were agreeable to this and will wait for confirmation by the Board. They also expressed a desire to know the purpose and topics to be discussed at the proposed meeting.

Adjournment

At 8:15 P. M., Commissioner Russell made a motion to adjourn, Supervisor/Commissioner Bruguiere provided the second, and motion passed 6-0.

Next Meeting: July 26, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
APPROVING SITE PLAN #2006-003
FOR STONEY CREEK MEDICAL PRACTICE

WHEREAS, Mark Humbertson of BRW Architects, has requested approval of Site Plan #2006-003 for Stoney Creek Medical Practice (UVa Health Services Foundation) for a 1,235 sq. ft. addition to the existing building located on Rockfish Valley Highway, identified as Tax Map #22-A-9A; and

WHEREAS, a notice of Public Hearing for the review of the site plan by the Nelson County Planning Commission was published in the Nelson County Times on June 8 and 15, 2006; and

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

WHEREAS, on June 28, 2006, the Nelson County Planning Commission held the required public hearing on said site plan; and

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

The Planning Commission approves Site Plan #2006-003 for Stoney Creek Medical Practice for a 1,235 sq. ft. addition to the existing building located on Rockfish Valley Highway, Tax Map #22-A-9A, as shown on the Site Plan dated 05/19/2006, Revised 06/19/2006.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   6-0

APPROVED: __________________________
                                           CHAIR

ATTEST: ______________________________

Planning Commission Secretary                                                           DATE:     June 28, 2006


A RESOLUTION
APPROVING SITE PLAN #2006-004
FOR “THE SEASONS”

WHEREAS, Henry W. Smith of Walkland Company, Crozet, Virginia, has requested approval of Site Plan #2006-004 for “The Seasons,” which will consist of twenty-four (24) townhouses located on Blue Ridge Drive and Wintergreen Drive, Wintergreen, identified as Tax Map #11E-F-1, 1A, and 1C; and

WHEREAS, a notice of Public Hearing for the review of the site plan by the Nelson County Planning Commission was published in the Nelson County Times on June 8 and 15, 2006; and

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

WHEREAS, on June 28, 2006, the Nelson County Planning Commission held the required public hearing on said site plan; and

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

The Planning Commission approves the final Site Plan #2006-004 for “The Seasons” located on Blue Ridge Drive and Wintergreen Drive, Wintergreen, Virginia, to construct twenty-four (24) townhouses, as shown on the Final Site Plan dated June 27, 2006.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   6-0

APPROVED: __________________________
                                           CHAIR

ATTEST: ______________________________

Planning Commission Secretary

DATE:     June 28, 2006


A RESOLUTION
APPROVING PRELIMINARY SUBDIVISION
FOR “FERNSIDE”

WHEREAS, Gillies P. Rodgers has requested approval of a preliminary subdivision plat for “Fernside,” a division of 35.86 acres to be divided into 8 lots ranging in size from 2.6 acres to 10.7 acres, located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3; and

WHEREAS, a notice of Public Hearing for the review of the site plan by the Nelson County Planning Commission was published in the Nelson County Times on June 8 and 15, 2006; and

WHEREAS, on June 14, 2006, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on June 28, 2006, the Nelson County Planning Commission held the required public hearing on said preliminary subdivision plat; and

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

The Planning Commission approves the preliminary subdivision plat for “Fernside” subdivision located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3, dividing 35.86 acres into 8 lots, as shown on the plat titled “Parcels 1 thru 8 FERNSIDE” dated 5-18-2006, revised June 27, 2006.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   6-0

APPROVED: __________________________
                                           CHAIR

ATTEST: ______________________________

Planning Commission Secretary                                                           DATE:     June 28, 2006


RESOLUTION

VEGETATIVE RUBBISH RECYCLING FACILITY

WHEREAS, pursuant to Section 12-5 of the Zoning Ordinance, applications for a vegetative rubbish recycling facility, a use not provided for, have been considered and approved by the Board;

WHEREAS, Section 12-5 requires that, after the application’s approval, the Zoning Ordinance shall be amended to list the use as a permitted use in the appropriate district;

WHEREAS, the current Zoning Ordinance contains no provision for off-site vegetative rubbish recycling, a use made necessary by the extension construction occurring in the County; and

WHEREAS, the public necessity, convenience, general welfare and good zoning practice require such action; and

WHEREAS, on May 24, 2006, the Nelson County Planning Commission held the required public hearing on said zoning ordinance amendment.

NOW, THEREFORE, BE IT RESOLVED that the Nelson County Planning Commission recommends to the Nelson County Board of Supervisors:

3.   That Article 4 of the Zoning Ordinance entitled Agricultural District A-1, under Uses-Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Vegetative Rubbish Recycling Facility

4.   That Article 2 of the Zoning Ordinance entitled Definitions should be amended by the addition of the following subsection:

   Vegetative Rubbish Recycling Facility: a facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted on-site into firewood, and into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Thomas Bruguiere

Motion passed: 6-0

APPROVED: ________________________

CHAIR

ATTEST: ___________________________
                                     Planning Commission Secretary

DATE: June 28, 2006


RESOLUTION

INCLUSION OF DWELLINGS IN B-1 DISTRICT

WHEREAS, the current Zoning Ordinance excludes dwellings from a Business District B-1;

WHEREAS, such an exclusion does not adequately reflect the historical use and current needs of B-1 districts within the County; and

WHEREAS, the public necessity, convenience, general welfare and good zoning require corrective action; and

WHEREAS, on May 24, 2006, the Nelson County Planning Commission held the required public hearing on said zoning ordinance amendment.

NOW, THEREFORE, BE IT RESOLVED that the Nelson County Planning Commission recommends to the Nelson County Board of Supervisors:

That Article 8 of the Nelson County Zoning Ordinance entitled Business District B-1, under Uses – Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Dwellings

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion passed: 6-0

APPROVED: _______________________
                                                CHAIR

ATTEST: __________________________

Planning Commission Secretary

DATE: June 28, 2006