Planning: January 24, 2007

January 24, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
January 24, 2007

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt, Michael Harman, Dolores Truesdale and Supervisor Tommy Harvey

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.

Election of Planning Commission Officers for 2007:
Commissioner Hunt nominated Commissioner Proulx as Chair of the Planning Commission, Commissioner Harman provided the second, and motion passed 6-0.

Commissioner Harman nominated Commissioner Hunt as Vice Chair of the Planning Commission, Commissioner Truesdale provided the second, and motion passed 6-0.

Commissioner Russell nominated Betty Fortune as Secretary of the Planning Commission, Commissioner Truesdale provided the second, and motion passed 6-0.

Supervisor Harvey commented to the Chair that it was standard practice at Board of Supervisor meetings to have a roll call of votes for each motion rather than a consensus vote. Chair Proulx will discuss this procedure with County Attorney Payne.

Approval of Minutes:
Minutes from the December 7 and December 27, 2006 Planning Commission meetings were reviewed with no changes made. Commissioner Harman made a motion to approve the minutes, Commissioner Russell provided the second, and motion passed 5-0, with Supervisor Harvey abstaining.

Chair Proulx welcomed Mr. Harvey to the Planning Commission as the Board of Supervisor representative.

Chair Proulx announced that Rezoning application #2007-001 for Harold Davis has been withdrawn at the request of the applicant.

Final Subdivision – Nelson County Service Authority

Mr. Boger reported that Draper Aden Associates has submitted the final subdivision plat dividing two acres from the Central Virginia Electric Cooperative property in Colleen Industrial Park (a portion of Tax Map #66-A-36) for the proposed Nelson County Service Authority operations center. The site plan was approved by the Planning Commission in December and the E & S Control Plan has also been approved. The facility will be served by public water and sewer.

Julia Skare of Draper Aden Associates attended the meeting to represent the NCSA.

The public hearing was opened, there were no comments, and public hearing was closed.
Commissioner Hunt made a motion to approve the site plan, as stated in the following resolution :

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for Nelson County Service Authority for the Authority’s operations center to be located on two (2) acres on Cooperative Way, Colleen, Virginia, a portion of Tax Map #66-A-36.

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

Site Plan #2007-001 – University of Virginia Community Credit Union

Mr. Boger reported that Jim Taggart of TCS Engineering has submitted the final site plan for the proposed UVa Community Credit Union, Nellysford Branch located on Rt. 151 (Tax Map #22-A-9H). The property is located in the RPC zoning district, and Section 13-1 of the zoning ordinance states that no site plans are required in this district; however, the prospective owner chose to submit it to the County for review. The E & S Control Plan has been approved.

Mr. Taggart distributed a revised site plan dated January 16, 2007 and stated that it contained changes made as a result of the Site Plan Review meeting on January 10, 2007. The interconnectivity between this building and adjoining properties is still being reviewed. Signage and the lighting plan are to be submitted in the near future.

Mr. Mike Matthews of MD Capital, LLC, said that this credit union branch will be more accessible to the many Nelson County residents who are currently members. It has been approved by Wintergreen’s ARB and the County’s comments had also been helpful.

Supervisor Harvey observed that the plan calls for adding an entrance from Rt. 151 and stated that an interconnecting road between this building and other adjoining businesses would be a better arrangement and more in line with the Nellysford Village study that is in progress.

Commissioner Russell expressed concern about the storm management facility that is already in place and whether the service road would have affect on it. Further, it was her understanding that the ARB performed a “courtesy” review of the plan only. Mr. Taggart said he understood Mr. Russell Otis to say that a full review was made by ARB.

Mr. Taggart has met with VDOT to discuss entrance options. Supervisor Harvey expressed concern about adding entrances off Rt. 151 near Nellysford, referring to the recent TJPDC study of that area.

The public hearing was opened.

Mr. Stuart Sadler stated that there is a 5-10’ strip of land along abandoned Rt. 634 owned by HCA that should be taken into consideration as plans are made for a connecting road. Ownership of abandoned Rt. 634 may also be an issue.

The public hearing was closed.

Mr. Matthews said that his company is ready to start building and that he is willing to talk with adjoining property owners to determine the best way to meet access needs. Supervisor Harvey said that entrances on the end rather than in front of the building may be feasible, as well as trying to make a connection with the back side of the property for the convenience of homeowners in that area and to reduce traffic on Rt. 151.

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

The Planning Commission approves Site Plan #2007-001 for University of Virginia Community Credit Union, Nellysford Branch, to be located on 1.40 acres on Rockfish Valley Highway (Rt. 151), Tax Map #22-A-9H, plans dated December 6, 2006 and revised January 16, 2007, with the understanding that proposed lighting and signage will be submitted to the Planning Director.

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

Final Subdivision – Glenn Goldstein

Mr. Boger reported that Mr. Goldstein has submitted a final subdivision to divide property identified as Tax Map 19-1-5 into three lots. The property is located in the Hickory Ridge Section, Mountain Subdivision 10-B, Wintergreen, a majority of which is in Augusta County. The subdivision plat has also been submitted to Augusta County. The proposed lot will be served by public water, which is currently available, and sewer, which will be built by the owner.

Mr. Stuart Sadler, Attorney at Law representing Mr. Goldstein, said that Mr. Goldstein is proposing to extend the sewer system at his own expense, to serve the area (13 lots). There are currently eleven lots served by individual septic tanks. At the time the houses were built there was no requirement for a reserve septic field. The details of the septic would be worked out between Mr. Goldstein and the Nelson County Service Authority.

Supervisor Harvey asked Mr. Sadler who will own the line in this situation – the property owner or the NCSA. Mr. Sadler said Mr. Goldstein would own the line which would be placed in the existing utility right-of-way and the NCSA will receive the applicable monthly fees. The addition of this system doesn’t change the character of the area; however, there is always the possibility that individual septic fields will eventually fail. This system would provide an alternative should that happen. Mr. Sadler mentioned that there are other lots adjacent to Mr. Goldstein’s property which are owned by Appalachian Trail Conference and there is the possibility that these lots could be sold. They will not be served by the proposed sewer system.

The public hearing was opened.

Mr. Dunkerton owns a lot which is in the Hickory Ridge Section. He expressed concern about additional dwellings being built in the area and how the sewer service costs would be determined. He prefers to keep the street private, as it is now.

The public hearing was closed.

Mr. Sadler explained that he has not been party to discussions between Mr. Goldstein and NCSA, but believes there would be no cost if the homeowner does not connect to the system and that there is no “availability fee.” Replacing failed individual septic systems, however, would be costly. Mr. Goldstein will pay the initial cost of the system and then be reimbursed by NCSA, with NCSA setting the rates. Lines will be placed with connectivity available to each property owner. Grinder pumps may be needed for gravity pumping. Mr. Sadler stated that the main reason for this proposal is for Mr. Goldstein to be able to build three houses where individual septic systems cannot be used.

Commissioner Russell stated that in her opinion the applicant had met the requirements of the County Subdivision Ordinance, the Planned Residential Development section of the Zoning Ordinance, and the Wintergreen Covenants, and therefore must be approved by the Planning Commission. The sewer installation is an issue for the NCSA, the County and the applicant to resolve.

Chair Proulx said she would like clarification on the fee structure proposed by NCSA.

Commissioner Russell made a motion to postpone a decision on the final subdivision plat for Glenn Goldstein until the next regular meeting to allow time for further clarification of ownership of the sewer line. Commissioner Harman provided the second and motion passed 6-0. Discussion of this plat will continue in February as a non-public hearing item.

Final Subdivision Plat – David Hall

Mr. Boger reported that Mr. Hall has submitted a final subdivision plat to divide 10.06 acres into two lots of 6.438 and 3.634 acres. The property is located on Abby Lane, Howardsville, in the Highland on the James Subdivision, Tax Map #83-8-91. Soil work has been completed and forward to the Health Department. Mr. Hall was present to answer questions from the Commission.

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

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

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for David Hall to divide 10.06 acres into 2 lots of 6.428 and 3.634 acres, located at 399 Abby Lane, Highland on the James, Howardsville, Tax Map #83-8-91, plat dated 12/5/06.

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

Site Plan #2007-002 – Clay Stewart

Mr. Boger reported that Clay Stewart, owner of Tye River Farms, has submitted a site plan for a wholesale/retail landscape garden center and a Class 1 Communication Tower to be located at 604 Thomas Nelson Highway (Tax Map #85-A-7B). There are currently two commercial entrances to the property and the applicant needs to obtain approval from VDOT for their use. No new signs are proposed and no land disturbing activity. Mr. Stewart wishes to have access to internet broadband technology which requires a Class 1 Communication Tower. If successful, it may be made available to others locally. The Class 1 tower, if installed, can be approved administratively.

Mr. Stewart, president of Tye River Farms, Inc., stated that his objective is to offer landscaping products and services, and a communication tower that has the potential for 900 mgh public radio and internet broadband connection. This combination of services will bring two desirable products to the southern part of the County. He said that VDOT previously approved the entrances when they were put in by the previous owner, Mr. Walsh, and he would obtain a current approval from VDOT also.

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

Supervisor Harvey added that he felt these services would be an asset to the County and enhance the southern entrance along Rt. 29. The Commissioners concurred.

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

The Planning Commission approves Site Plan #2007-002 for Clay Stewart of Tye River Farms, Inc. to locate a wholesale and retail nursery and landscape supply business at 604 Thomas Nelson Highway, Tax Map #85-A-7B, contingent upon VDOT approval of entrances and approval of exterior lighting by Planning Director.

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

Other Business

Zoning Ordinance and Subdivision Ordinance amendments
Mr. Boger reported that amendments have been updated as a result of the January 16 public hearing and January 18 workshop, and that County Attorney Payne has prepared resolutions for the referral of these ordinances to the Board of Supervisors.

Commissioner Russell made a motion to refer the zoning ordinance amendments to the Board of Supervisors, as stated in the following resolution :

   BE IT RESOLVED, that, upon consideration of the proposed amendments to the    Zoning Ordinance referred by the Board of Supervisors to this Commission, and    after due notice a public hearing having been held, this Commission presents its    recommendations as set forth and identified in the attached Appendix A, dated    Rev. 1/18/07, and;

   FINDING that the public necessity, convenience, general welfare, and good    zoning    practice requires additional amendments to the Zoning Ordinance, and    after due notice a public hearing having been held, this Commission MOVES that    the Board of Supervisors consider additional amendments to the Zoning    Ordinance as set forth and identified in the attached Appendix A, dated Rev.    1/18/07.

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

Commissioner Russell made a motion to refer the subdivision ordinance amendments to the Board of Supervisors, as stated in the following resolution :

   BE IT RESOLVED, that, upon consideration of the proposed amendments to the    Subdivision Ordinance referred by the Board of Supervisors to this Commission,    and, further amendments having been initiated by this Commission, after due    notice a public hearing having been held, this Commission presents its    recommendations for amendments to the Subdivision Ordinance as set forth in the    attached Appendix B, dated Rev. 1/18/07.

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

Commissioner Russell referred to a letter received from County Administrator Carter dated October 18, 2006 requesting amendments to the subdivision ordinance to: 1) remove the requirement for the Board of Supervisors to review and approve preliminary and/or final subdivision plats; 2) remove the requirement(s) for public hearings for approval of subdivision plats and site plans; and 3) establish a provision enabling the Board of Supervisors to have the discretion to review any and all subdivision plats that the Board wishes to consider, and asked that the Planning Commission request that the Chair address these recommendations in a written response to Mr. Carter.

Commissioner Russell also recommended that the Chair ask supervisors to set up a process for surveyors and engineers to work through the transition from the current ordinance to the proposed ordinance. Supervisor Harvey said the Board is working on this process now and it has been suggested that surveyors and engineers be given thirty days in which to submit to the Planning Director in-process projects. Supervisor Harvey said that the new ordinance is much more flexible; consequently, he doesn’t foresee a great influx of projects that would need to be considered under the current ordinance.

Adjournment
At 9:00 P. M., Commissioner Russell made a motion to adjourn the meeting, Commissioner Hunt provided the second, and motion passed 6-0.

Next Meeting: February 28, 2007 (Snow date March 7, 2007)

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND APPROVAL OF THE FINAL SUBDIVISION PLAT FOR
NELSON COUNTY SERVICE AUTHORITY

WHEREAS, the Nelson County Service Authority has filed a final subdivision plat for an operations center to be located on two (2) acres on Cooperative Way, Colleen, Virginia, a portion of Tax Map #66-A-36; and

WHEREAS, a notice of Public Hearing for the review of the subdivision plat by the Nelson County Planning Commission was published in the Nelson County Times on January 4 and 11, 2007; and

WHEREAS, on January 9, 2007, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on January 24, 2007, the Nelson County Planning Commission held the required public hearing on said final subdivision plat; and

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

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for Nelson County Service Authority for the Authority’s operations center to be located on two (2) acres on Cooperative Way, Colleen, Virginia, a portion of Tax Map #66-A-36.

Motion made by Commissioner: Emily Hunt

Motion seconded by Commissioner: Linda Russell

Motion Passed:   6-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 24, 2007

A RESOLUTION
TO APPROVE SITE PLAN #2007-001 FOR
UNIVERSITY OF VIRGINIA COMMUNITY CREDIT UNION

WHEREAS, MD Capital, LLC, has filed a site plan for University of Virginia Community Credit Union, Nellysford, Virginia, Tax Map #22-A-9H, on 1.40 acres located on Rockfish Valley Highway (Rt. 151); 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 January 4 and 11, 2007; and

WHEREAS, on January 8, 2007, adjoining property owners were notified of the public hearing on this site plan; and

WHEREAS, on January 24, 2007, 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 #2007-001 for University of Virginia Community Credit Union, Nellysford Branch, to be located on 1.40 acres on Rockfish Valley Highway (Rt. 151), Tax Map #22-A-9H, plans dated December 6, 2006 and revised January 16, 2007, with the understanding that proposed lighting and signage will be submitted to the Planning Director.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   6-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 24, 2007


A RESOLUTION
TO RECOMMEND APPROVAL OF THE FINAL SUBDIVISION PLAT FOR
DAVID HALL

WHEREAS, David Hall has filed a final subdivision plat for the division of 10.06 acres into 2 lots of 6.438 and 3.634 acres located at 399 Abby Lane, Highland on the James, Howardsville, Tax Map #83-8-91; and

WHEREAS, a notice of Public Hearing for the review of the subdivision plat by the Nelson County Planning Commission was published in the Nelson County Times on January 4 and 11, 2007; and

WHEREAS, on January 8, 2007, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on January 24, 2007, the Nelson County Planning Commission held the required public hearing on said final subdivision plat; and

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

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for David Hall to divide 10.06 acres into 2 lots of 6.428 and 3.634 acres, located at 399 Abby Lane, Highland on the James, Howardsville, Tax Map #83-8-91, plat dated 12/5/06.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   6-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 24, 2007


A RESOLUTION
TO APPROVE SITE PLAN #2007-002 FOR
CLAY STEWART OF TYE RIVER FARMS, INC.

WHEREAS, Clay Stewart has filed a site plan for Tye River Farms, Inc. to locate a wholesale and retail nursery and landscape supply business at 604 Thomas Nelson Highway, Tax Map #85-A-7B; 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 January 4 and 11, 2007; and

WHEREAS, on January 8, 2007, adjoining property owners were notified of the public hearing on this site plan; and

WHEREAS, on January 24, 2007, 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 #2007-002 for Clay Stewart of Tye River Farms, Inc. to locate a wholesale and retail nursery and landscape supply business at 604 Thomas Nelson Highway, Tax Map #85-A-7B, contingent upon VDOT approval of entrances and approval of exterior lighting by Planning Director.

Motion made by Commissioner: Mike Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed:   6-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     January 24, 2007


RESOLUTION OF THE
PLANNING COMMISSION
REGARDING THE REFERRAL BY THE
BOARD OF SUPERVISORS OF
PROPOSED AMENDMENTS TO THE
ZONING ORDINANCE
AND
MOTION OF THE PLANNING COMMISSION
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, and after due notice a public hearing having been held, this Commission presents its recommendations as set forth and identified in the attached Appendix A, dated Rev. 1/18/07, and;
   FINDING that the public necessity, convenience, general welfare, and good zoning practice requires additional amendments to the Zoning Ordinance, and after due notice a public hearing having been held, this Commission MOVES that the Board of Supervisors consider additional amendments to the Zoning Ordinance as set forth and identified in the attached Appendix A, dated Rev. 1/18/07.

Date:   January 24, 2007       ____________________________________
                   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, and, further amendments having been initiated by this Commission, after due notice a public hearing having been held, this Commission presents its recommendations for amendments to the Subdivision Ordinance as set forth in the attached Appendix B, dated Rev. 1/18/07.

DATE: January 24, 2007           ___________________________
                       Chair, Nelson County Planning Commission