Planning: November 29, 2006

November 29, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
November 29, 2006

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt, Michael Harman, Delores Truesdale and Supervisor 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 October 25, 2006 Planning Commission meeting were reviewed with no changes made. Commissioner Russell made a motion to approve the minutes, there was no second, and motion passed 6-0.

1.   Site Plan #2006-010 – Olde Tuckahoe Apartments

Mr. Boger reported that the final site plan has been submitted by Mr. Al Stacey of GAIA Homes, Inc. for Olde Tuckahoe Apartments located at 4300 Rockfish Valley Highway, Tax Map #22-A-29, which will consist of 20 residential multi-family rental units (5.00 acres), R2 Conditional zoning, and a commercial retail/office (8.020 acres), B-1 zoning.

The final site plan is the same as the preliminary site plan submitted in 2005. However, the proffer submitted on February 24, 2005 has been changed from apartments for rent to condominiums for sale. The applicant has informed staff that there is sufficient underground water to support the project, and the final design for the sanitary sewer system is presently being reviewed by the Health Department in Lexington, Virginia. Specifications for lighting fixtures have been submitted. A bond must be posted with the Building Inspections Office for the E & S Control Plan prior to a land disturbing permit being issued. The E & S Control Plan will also need to show the limits of grading.

Commissioner Russell said she was not happy with the style of lights planned for the units. Mr. Stacey indicated he would be willing to select light fixtures satisfactory to the County. She asked whether underground tanks were found as shown on the site plan. Mr. Stacey said that the original aerial photograph showed some indication that there might have been underground tanks; however, upon further investigation, it was determined that there were above-ground storage sheds. He stated further that the soils work and E & S Control Plan have been submitted to the appropriate agencies with no reports received at this time. He said the name will change to “Olde Tuckahoe Condos.” The sign design is not ready for approval.

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

Mr. David Jensen of WW Associates stated that the dry hydrant and pond was adjacent to the storm management facility. Commissioner Russell asked if this had been discussed with the fire chief and Mr. Jensen replied that it had not been discussed; however, computations have been done and it is determined that 750 gallons per minute for 2 hours is sufficient capacity for water storage in the pond. There is a 30 ft. separation between buildings which meets BOCA building code.

Commissioner Russell clarified the fact that the E & S report has not been received from Thomas Jefferson Soil & Water Conservation District. Mr. Jensen said that an e-mail from Alyson Sappington has been received with some comments which have not been addressed at this time. They are also waiting for the final review from the Health Department regarding proposed sewer system. Commissioner Russell was inclined to withhold approval until these two agencies have given their approval, based on the policy established in February, 2006. Chair Proulx stated she felt that the e-mail from Ms. Sappington was sufficient indication that the plan had been received by the TJS&WCD and was under review. Mr. Boger stated that all paperwork must be submitted to these State agencies before the final submission. Approval could take up to six months from the date of submission.

Chair Proulx stated that the policy reads that an original letter with signature needs to be received from State agencies stating that the required documentation has been received and is being reviewed. Commissioner Russell said that as far as she can tell, such a letter(s) has not been received. She doesn’t recommend approval with contingencies, based on this policy.

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

Planning Commission approves Site Plan #2006-010, dated October 3, 2006, submitted by Mr. Al Stacey for Olde Tuckahoe Apartments located on Rt. 151 and Rt. 612, identified as Tax Map #22-A-29. The Planning Commission has determined that the change from apartments shown on the preliminary subdivision plat to condominium units on the final site plan does not substantially alter the proffer of February 24, 2005. Approval is conditional upon the following submittals to the Planning Director: correction to the plat regarding the underground tanks, submittal of a lighting plan, a signage plan, homeowners’ agreement and road maintenance agreement. Approval is also conditional upon approval from the Thomas Jefferson Soil & Water Conservation District and the Lexington, Virginia, Health agency.

Supervisor Bruguiere provided the second and motion passed 5-1, with Commissioner Russell voting no.

2.   Rezoning #2006-008 – Mary A. Ramm

Mr. Boger reported that Mrs. Ramm is requesting rezoning of 48.8 acres of a 55.2 acre parcel from Business, B-1, to Agricultural, A-1, for the purpose of dividing the rezoned portion into family division residential lots. The property is located at 158 Gormes Drive, Tax Map #36-1-C. Residential uses are not currently permitted in a B-1 district. A 6.46 acre parcel will remain as B-1 where currently the Tape Rental Library business is conducted. Rezoning of this property complies with the Comprehensive Plan, and staff recommended approval of the rezoning.

Mrs. Ramm’s son, Mark, was present to represent Mrs. Ramm.

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

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

Planning Commission recommends to the Board of Supervisors approval of rezoning application #2006-008 for Mary A. Ramm for 48.77 acres identified as a portion of Tax Map #36-1, Parcel C, from B-1, Business to A-1, Agricultural.

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

3.   Final Subdivision Plat – “Piedmont Landing”

Mr. Boger reported that Massie Saunders, Surveyor, has submitted the final subdivision plat for “Piedmont Landing.” Mr. Peter K. Kesecker, AOSE, has completed the soil work and all thirteen lots have suitable drainfields and reserve areas.   An E & S Control Plan is not required for this project; however, an agreement in lieu of a plan must be executed with the Inspections Office at the time of building permit application. Entrance permits from VDOT must be obtained by individual property owners prior to constructing any entrance from Tye River Road to the parcel.

Mr. Saunders stated that soil work was completed 1 ½ weeks ago and sent to the developer. As of the current date, documentation has not been sent to the Health Department. An e-mail was received stating that it was in the process of being forwarded to the Planning Director who, in turn, forwards it to the Health Department.

Commissioner Russell asked if there is will be a homeowners’ association and Mr. Saunders replied that there would be some shared driveways, but no homeowners’ association would be established.

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

Commissioner Hunt stated that she felt we should not deviate from the policy which requires written verification from State agencies that necessary reports have been submitted. Chair Proulx agreed, and recommended postponement until December.

Commissioner Harman made a motion that the Planning Commission postpone a decision on the final subdivision plat for “Piedmont Landing,” developer Countryside Land Company, LC, dividing 100.025 acres into 13 lots located on Tye River Road (Tax Map #92-1-4 & 4A, 92-A-1, and 91-A-8) until the December meeting to allow time for Health Department approval or receipt of letter stating that the proper documentation has been received by same. Commissioner Hunt provided the second, and motion passed 5-1, with Supervisor Bruguiere voting no.

4. Final Subdivision Plat – “Dutch Creek Subdivision”

Mr. Boger reported that soil work for this subdivision has been completed and each of the 19 lots has a suitable site for a septic drainfield and reserve area. The report was submitted to the Health Department, and Mr. Tom Eick called the Planning Office to verify receipt of same. Field work is scheduled for December 13, 2006. Staff recommended approval of the final plat.

Mr. Massie Saunders, Surveyor representing Home Run, LLC, stated there will be a dry hydrant on lot 8 and a pond, pending approval by Thomas Jefferson Soil & Water Conservation District. The dry hydrant will be located on lot 8 with an easement to the hydrant so that the Homeowners’ Association will have access to perform maintenance. The Army Corps of Engineers now requires that all wetlands be delineated on the subdivision plat. This mapping has been tentatively approved by Nora Eisley from the Corps and it has been submitted to the TJS&WCD. Their final approval is pending.

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

Planning Commission recommends approval to the Board of Supervisors of the final subdivision plat for Dutch Creek Subdivision, developed by Home Run, L.L.C., dividing 200.700 acres into 19 lots located on Rt. 639 and Rt. 763, identified as Tax Map #60-A-28, contingent upon Health Department and E & S approval and submission of the Homeowners’ Association and road maintenance agreements.

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

5.   Other Business

Supervisor Bruguiere stated that the Board will resume work on the proposed zoning ordinance. The Board reversed the Commission’s recommendation to deny the exceptions for Mr. Curtis Bruguiere.

Mr. Boger stated that amendment documentation is almost complete for the zoning ordinance and the subdivision ordinance.

Mr. Saunders asked that at the time of approval of the amended Subdivision Ordinance, the Commission and Board give consideration to establishing a time frame with regard to submission of subdivision plats. He suggested advising surveyors to submit a list of projects then in process which would still fall under the current ordinance regulations.

Commissioner Russell made a motion to adopt resolutions mandating the advertising of the public hearing for amending the zoning ordinance and subdivision ordinance . (Date for the public hearing is January 16 with January 18 as snow date.) Commissioner Truesdale provided the second, and motion passed 6-0. Mr. Boger stated that in addition to the advertisement, post card notices will be sent to all property owners.

A zoning/subdivision ordinance workshop was set for December 7, 2006.

6.   Adjournment

Commissioner Russell made a motion to continue this meeting on December 7 at 7:30 for a zoning/subdivision ordinance workshop. Motion passed by consensus of the Commission.

7.   Next Meeting

December 7, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF
SITE PLAN #2006-010 FOR
OLDE TUCKAHOE APARTMENTS

WHEREAS, Mr. Al Stacey is requesting site plan approval for the Olde Tuckahoe Apartments to be located on Rt. 151 (Patrick Henry Highway) and Rt. 612 (Virginia Lane), identified as Tax Map #22-A-29; 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 November 9 and 16, 2006; and

WHEREAS, on November 16, 2006 adjoining property owners were notified of the public hearing on this site plan; and

WHEREAS, on November 29, 2006, the Nelson County Planning Commission held the required public hearing on said final site plan; and

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

Planning Commission approves Site Plan #2006-010, dated October 3, 2006, submitted by Mr. Al Stacey for Olde Tuckahoe Apartments located on Rt. 151 and Rt. 612, identified as Tax Map #22-A-29. The Planning Commission has determined that the change from apartments shown on the preliminary subdivision plat to condominium units on the final site plan does not substantially alter the proffer of February 24, 2005. Approval is conditional upon the following submittals to the Planning Director: correction to the plat regarding the underground tanks, submittal of a lighting plan, signage, homeowners’ agreement and road maintenance agreement. Approval is also conditional upon approval from the Thomas Jefferson Soil & Water Conservation District and the Lexington, Virginia, Health agency.

Motion made by Commissioner: Linda Russell

Motion seconded by Supervisor: Thomas Bruguiere

Motion Passed:   5-1 (Russell voting No.)

                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     November 29, 2006


A RESOLUTION
RECOMMENDING APPROVAL OF
REZONING APPLICATION #2006-008 FOR
MARY A. RAMM

WHEREAS, Mary A. Ramm has filed an application to rezone 48.77 acres from B-1 to A-1 in order to create a family division of four parcels, on property identified as Tax Map #36-1-C, leaving 6.46 acres in B-1 zoning; 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 November 9 and 16, 2006; and

WHEREAS, on November 16, 2006, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on November 29, 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:

Planning Commission recommends to the Board of Supervisors approval of rezoning application #2006-008 for Mary A. Ramm for 48.77 acres identified as a portion of Tax Map #36-1, Parcel C, from B-1, Business to A-1, Agricultural.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   6-0               APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     November 29, 2006


A RESOLUTION
RECOMMENDING APPROVAL OF
FINAL SUBDIVISION PLAT FOR
DUTCH CREEK SUBDIVISION

WHEREAS, Home Run, L. L. C. is requesting approval of a final subdivision plat for Dutch Creek Subdivision for developers Drs. Victor and Stephen Saunders and Ray M. Pennington, III, dividing 200.700 acres into 19 lots located on Rt. 639 and Rt. 763, identified as Tax Map #60-A-28; and

WHEREAS, a notice of Public Hearing for the review of the plat by the Nelson County Planning Commission was published in the Nelson County Times on October 5 and 12, 2006 and a notice for Non-Public Hearing was published on November 9 and 16, 2006; and

WHEREAS, on October 16, 2006, adjoining property owners were notified of the public hearing on this plat, and on November 16, 2006, adjoining property owners were notified of the non-public hearing; and

WHEREAS, on October 25, 2006, the Nelson County Planning Commission held the required public hearing on said final plat and continued consideration of this plat on November 29, 2006; and

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

Planning Commission recommends approval to the Board of Supervisors of the final subdivision plat for Dutch Creek Subdivision, developed by Home Run, L.L.C., dividing 200.700 acres into 19 lots located on Rt. 639 and Rt. 763, identified as Tax Map #60-A-28, contingent upon Health Department and E & S approval and submission of the Homeowners’ Association and road maintenance agreements.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   6-0               APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     November 29, 2006


RESOLUTION OF THE
PLANNING COMMISSION
REGARDING THE REFERRAL BY THE
BOARD OF SUPERVISORS OF PROPOSED
AMENDMENTS TO THE
ZONING ORDINANCE
AND
INITIATING AMENDMENTS
TO THE ZONING ORDINANCE


   BE IT RESOLVED, that, upon consideration of the proposed amendments to the Zoning Ordinance referred by the Board of Supervisors to this Commission, the Planning Director is hereby directed to give notice, as required by law, for a public hearing on such proposed Amendments; and,
   FINDING that the public necessity, convenience, general welfare, and good zoning practice requires additional amendments to the Zoning Ordinance, it is
   FURTHER RESOLVED, that the Planning Director is directed to give notice, as required by law, for public hearing on proposed Zoning Ordinance amendments initiated by this Commission.

____________________________________
Date
Chair, Nelson County Planning Commission

RESOLUTION OF THE
PLANNING COMMISSION
REGARDING THE REFERRAL BY THE
BOARD OF SUPERVISORS OF PROPOSED
AMENDMENTS TO THE
SUBDIVISION ORDINANCE
AND
INITIATING AMENDMENTS
TO THE SUBDIVISION ORDINANCE

   BE IT RESOLVED, that, upon consideration of the proposed amendments to the Subdivision Ordinance referred by the Board of Supervisors to this Commission, the Planning Director is hereby directed to give notice, as required by law, for a public hearing on such proposed Amendments; and, it is
   FURTHER RESOLVED, that the Planning Director is directed to give notice, as required by law, for public hearing on proposed Subdivision Ordinance amendments initiated by this Commission.

____________________________________
Date
Chair, Nelson County Planning Commission