Planning: September 27, 2006

September 27, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
September 27, 2006

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt, 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 July 26, 2006 Planning Commission meeting were reviewed with no changes made. Commissioner Hunt made a motion to approve the minutes, Commissioner Harman provided the second, and motion passed 5-0.

1. Exception to Private Street Construction Standards

Mr. Boger reported that William Whitehurst is requesting a modification to road construction standards prior to completing the road for his 7-lot subdivision located on Carter Road (Tax Map #62-A-80). The exception would allow the cut and fill road shoulders to be reduced to 2 feet wide instead of the required 4 and 5 feet in the three selected areas in order to save some large hardwood tries along the road sides. The road surface would remain at 16 feet in width and the cut and fill slope would remain at 1-2/3:1 maximum slope. The plan has been reviewed and approved by Alyson Sappington of Thomas Jefferson Soil and Water Conservation District.

Mr. Whitehurst was present to answer questions from the Commission.

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

Supervisor/Commissioner Bruguiere made a motion to recommend approval of the exception as stated in the following resolution:

The Commission recommends to the Board of Supervisors approval of an exception to Subdivision Ordinance Section 4-6-C, Streets – Construction Standards for Private Streets, Class 1 – for property owned by Mr. William Whitehurst, and identified as Tax Map #62-A-80. The exception will allow the reduction in shoulder width (2 ft. on the fill side and 2 ft. on the cut side) in three sections along the 3000 ft. road way being constructed.

Commissioner Hunt provided the second and motion passed 5-0.

2. Exception to Private Street Construction Standards

Mr. Boger reported that Dabney and Linda Holt are requesting an exception to Section 4-6-C, Streets – Construction Standards for Private Streets, Class 1 of the Subdivision Ordinance which would reduce the required 16 feet road width to 14 feet for the bridge presently used to access the property (Tax Map #22-A-6A), in anticipation of dividing a 27-acre parcel into 5 lots. The road and bridge are located on Deer Run Drive in Nellysford. The current bridge is designed with steel I-beams and I-beam bracing. The roadway is concrete and approximately 14 feet wide. Mr. Charles F. Hurt, P.E., has inspected the bridge and concluded that the bridge will safely support an AASHTO truck load of H20-44 loading, which is a truck with an 8,000 lb. front axle and a 32,000 lb. rear axle load. Mr. Boger stated further that the bridge is at grade, and as future subdivision residents use it, they may not realize that the road narrows, and as a result, may hit the bridge. The road surface is now 14 feet wide which will need to be brought up to County standards of 16’ when the subdivision comes in, or an exception granted.

Chair Proulx stated that the normal order of submittal is usually a request for an exception which accompanies an application for subdivision approval. Mr. Mike Crabill, representing the Holts, stated that the intention is to divide 27 acres into 5 lots maximum and the exception is being requested prior to platting because it made sense to deal with the obvious roadblock which is the width of the bridge. There is another access point on Adial Road which could be used, but the easiest and fastest access to Rt. 151 is from Deer Run Drive. Bridge construction is not covered by the zoning ordinance. The community contributed to the building of the bridge and has a vested interest in it. Enlarging the bridge would be expensive and counter-productive, he continued. At 14’ wide, the bridge is obviously one lane. At 16’, two cars may attempt to pass. There are approximately 6-8 households using this road and bridge at this time. Commissioner Russell expressed concern that the number of households in years to come will increase and the bridge will not be adequate. There are no guardrails on the bridge now and Mr. Crabill said Mr. Holt would be agreeable to adding guardrails.

The public hearing was opened.

Judith Williams is a property owner adjacent to the Deer Run. She stated that the road and bridge do flood from time to time. The road is in poor shape and the bridge is too narrow. The access road to Adial Road is difficult to drive on because of the hills and valleys. Commissioner Russell asked if there is a contract for the upkeep of the bridge and road. Ms. Williams said that someone is paid to maintain the road, but the bridge was already in place when she moved there. Mr. Holt uses the access to Adial Road. She indicated she was speaking for several of the residents who did not wish to go out at night.

The public hearing was closed.

Mr. Crabill said the bridge and road to Rt. 151 is well graveled and well tended. Residents in the planned subdivision will be using this road to access their property since the bridge is at the corner of the property. After crossing the bridge, there would be a new road up the bluff to house sites.

Chair Proulx stated again her concerns: (1) The request is for an exception to road/bridge construction for a subdivision that doesn’t exist; (2) the number of potential users of the bridge is unknown; (3) the subdivision plans could change after the exception was granted. Commissioner Hunt asked about the upkeep of the bridge and Mr. Crabill said there is no agreement because no upkeep is needed at this time. Commissioner Russell said she would like to have more information about height requirements of guardrails. She would be willing to vote for the exception if no more than five households are added by the subdivision.

Chair Proulx said she would like to have a legal opinion on whether the exception, once approved, can be amended based on future development. More information is also needed on safety requirements for bridge guardrails, whether there is an existing maintenance agreement for the road and bridge, whether deeds include right-of-way for all users, and whether use of the bridge can be restricted.

Commissioner Russell made a motion to postpone a decision on this exception until the next scheduled meeting. Commissioner Hunt provided the second, and motion passed 5-0.

3. Preliminary Subdivision – “Piedmont Landing”

Mr. Boger reported that Massie Saunders of Saunders’ Surveys has submitted a preliminary subdivision plat for Countryside Services dividing 100.025 acres into 13 lots ranging in size from 4.5 acres to 11.5 acres. The property is zoned Agricultural, A-1, and there is floodplain along the Buffalo River. The property is located on Tye River Road (Rt. 657) 0.5 miles south of Route 660 (Tax Map #92-1-4 & 4A, 91-A-8, and 92-A-1). Mr. Saunders has addressed all the concerns brought to his attention at the Site Plan Review meeting, i.e. pipestem lots have been corrected, preliminary work on soils has been done, CVEC can provide electric service through all the lots, it will be served by private well and septic, and floodplain is shown on the revised plat.

Mr. Saunders said that soils work, phase 1, has been done. Drain fields will be located next week. There are two shared entrances used by property owners in the rear of the property for which there are prescriptive easements. At this point, driveways are unknown; however, some joint driveways may be used.

The public hearing was opened.

Donna Adams owns 21 acres in the rear of this parcel. She’s concerned about whether her deeded right-of-way will be affected by limited access or gates. Chair Proulx said this was a legal issue and should problems arise, Ms. Adams can address them through a lawyer. Mr. Saunders said Countryside Services will be selling the lots, not developing it and building themselves.

The public hearing was closed.

Commissioner Russell asked who the owners of Countryside Services. Mr. Saunders said it was Betty Root who also owned Arrizona Subdivision and Tye River Subdivision. Ms. Russell said she was not happy with all the separate entrances on Tye River Road.

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

The Commission approves the preliminary subdivision plat for “Piedmont Landing,” located on Tye River Road, Tax Map 92-1-4 & 4A, 91-A-8, and 92-A-1, for the division of 100.025 acres into 13 lots ranging in size from 4.5 to 11.5 acres, as shown on plat dated 8/16/06, revised 9/13/06 and 9/25/06.

Commissioner Harman provided the second, and motion passed 5-0.

4.   Special Use Permit #2006-003 – Lori Brechlin

Mr. Boger reported that Mrs. Lori Brechlin is requesting a SUP to operate a craft/gift shop on her property located at 3530 Tye River Road, Tax Map #85-A-77. She will be selling crafts made from products she has produced on the farm, and additional hand-crafted items from local artisans, as well as holding classes for needlework and selling needlework supplies. This use would normally fall under the home occupation category; however, selling crafts made by others requires a SUP. Mr. Boger noted that this is an excellent way to promote farming and local crafts as a productive way of life in Nelson County.

Mr. Boger made no recommendation on this application to avoid any conflict of interest since Mr. Brechlin is an employee of the County.

Mrs. Brechlin said that she is a folk and textile artist. She and her husband raise sheep which are sheared and wool used for rugs, clothing, etc. She also teaches workshops on quilting, knitting, etc. which will bring students to the County from time to time. She will sell the products she makes and will need to buy other materials and will have local artists come in to do workshops and sell their products. Mrs. Brechlin stated that VDOT examined the driveway and asked that the pipe in the driveway be extended from 20 feet to 30 feet. This work has been done. No additional signage other than the existing farm sign is planned.

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

Commissioner Harman made a motion to recommend approval of the Special Use Permit, as stated in the following resolution:

The Commission recommends to the Board of Supervisors the approval of Special Use Permit #2006-003 for Lori Brechlin to allow sale of self-produced wool-related items and sale of additional handcrafted items from other local artisans on property located at 3530 Tye River Road, Tax Map #85-A-77, contingent upon VDOT’s approval of the road culvert extension meeting their standards.

Commissioner Hunt provided the second, and motion passed 5-0.

Other Business:

Supervisor liaison, Thomas Bruguiere, reported that no date has been set for the joint meeting and appointments have not been made for three Planning Commissioner positions.

Mr. Boger reported that zoning ordinance amendments have been submitted to the Board which address new State requirements for the A-1 District and other amendments approved by the Board which need to be added to the existing ordinance as well as the proposed ordinance.

Chair Proulx showed to Commissioners a citizen planners’ resource kit which is available the Commissioners.

Adjournment

At 9:00 P. M., Supervisor/Commissioner made a motion to adjourn, Commissioner Russell provided the second, and motion passed 5-0.

Next Meeting: October 25, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
TO APPROVE EXCEPTION TO STREET CONSTRUCTION STANDARDS
WILLIAM WHITEHURST PROPERTY

WHEREAS, Mr. William Whitehurst is requesting an exception to Section 4-6-C of the Subdivision Ordinance, Streets – Construction Standards for Private Streets, Class 1, for reduction in shoulder width (2 ft. on the fill side and 2 ft. on the cut side) in three sections along the 3000 ft. road way being constructed in order to save mature hardwood trees and disturb less earth for property on Carter Road, Schuyler, Tax Map #62-A-80; and

WHEREAS, notice of public hearing was published in the Nelson County Times on September 7 and September 14, 2006; and

WHEREAS, a notice to adjacent property owners was mailed on September 11, 2006; and

WHEREAS, the Commission has considered the Planning Director’s report dated September 20, 2006;

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

1.   The Commission recommends to the Board of Supervisors approval of an exception to Subdivision Ordinance Section 4-6-C, Streets – Construction Standards for Private Streets, Class 1 – for property owned by Mr. William Whitehurst, and identified as Tax Map #62-A-80. The exception will allow the reduction in shoulder width (2 ft. on the fill side and 2 ft. on the cut side) in three sections along the 3000 ft. road way being constructed.

Motion made by Commissioner: Thomas Bruguiere

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 5-0

APPROVED: __________________________

CHAIR


ATTEST: _____________________________

Planning Commission Secretary
DATE:               September 27, 2006________

A RESOLUTION
TO APPROVE PRELIMINARY SUBDIVISION PLAT FOR
“PIEDMONT LANDING”

WHEREAS, Mr. P. Massie Saunders of Saunders’ Surveys, Inc. submitted a preliminary subdivision plat on behalf of Countryside Service Company, L. C. for the division of 100.025 acres of property into thirteen (13) lots ranging in size from 4.5 to 11.5 acres, located on Tye River Road, Tax Map #92-1-4 & 4A, 91-A-8 and 92-A-1; and

WHEREAS, notice of public hearing was published in the Nelson County Times on September 7 and September 14, 2006; and

WHEREAS, a notice to adjacent property owners was mailed on September 11, 2006; and

WHEREAS, the Commission has considered the Planning Director’s report dated September 20, 2006;

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

2.   The Commission approves the preliminary subdivision plat for “Piedmont Landing,” located on Tye River Road, Tax Map 92-1-4 & 4A, 91-A-8, and 92-A-1 for the division of 100.025 acres into 13 lots ranging in size from 4.5 to 11.5 acres, as shown on plat dated 8/16/06, revised 9/13/06 and 9/25/06.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0

APPROVED: __________________________

CHAIR


ATTEST: _____________________________

Planning Commission Secretary                                                           DATE:               September 27, 2006________

A RESOLUTION
TO APPROVE SPECIAL USE PERMIT #2006-003
FOR LORI BRECHLIN

WHEREAS, Ms. Lori Brechlin has requested a Special Use Permit to allow sale of self-produced wool-related items and sale of additional handcrafted items from other local artisans on property located at 3530 Tye River Road, Tax Map #84-A-77; and

WHEREAS, notice of public hearing was published in the Nelson County Times on September 7 and September 14, 2006; and

WHEREAS, a notice to adjacent property owners was mailed on September 11, 2006; and

WHEREAS, the Commission has considered the Planning Director’s report stating that this change will have a positive impact on the immediate area by promoting farming and local crafts as a productive way of life in Nelson County;

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

The Commission recommends to the Board of Supervisors the approval of Special Use Permit #2006-003 for Lori Brechlin to allow sale of self-produced wool-related items and sale of additional handcrafted items from other local artisans on property located at 3530 Tye River Road, Tax Map #85-A-77, contingent upon VDOT’s approval of the road culvert extension meeting their standards.

Motion made by Commissioner: Mike Harman

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 5-0

APPROVED: __________________________

CHAIR


ATTEST: _____________________________

Planning Commission Secretary
DATE:               September 27, 2006________