Planning: June 27, 2007

June 27, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
June 27, 2007

Present: Chair, Philippa Proulx, Vice Chair Emily Hunt, Commissioner Linda Russell, and Supervisor Tommy Harvey

Absent: Commissioner Michael Harman

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: Vice Chair Hunt made a motion to approve minutes from the regular May 23, 2007 meeting. Motion passed 4-0.

1. Special Use Permit #2007-003 – Prentice and Nancy Ragland

Mr. Boger reported that the Raglands are requesting a Special Use Permit to operate a public garage (automobile repair and safety inspections) at 855 Cabell Road, Wingina, Tax Map #81-A-45C. A 2005 zoning permit was approved for a 2-car garage with storage area. Some time after construction the owner started using it to repair and inspect vehicles. It was previously determined by Mr. Allen Hale, Land Surveyor, that the structure is outside the 100 year floodplain of Mayo Creek.

Mr. Boger expressed concern in three areas: 1) overcrowding of the site; 2) possible need for vehicles to be in an enclosed area to lessen visual impact; and 3) possible screening of used waste oil drums to lessen visual impact. He remarked that the site is well taken care of, which is also a requirement by Virginia State Police in facilities where state inspections are done. There was concern about an oil stain that appeared to come from the garage. This turned out to be wet tar from VDOT’s surface treating of the road.

Commissioner Russell stated that the property slopes downward into Mayo Creek and expressed concern over possible oil spills into the stream. Mr. Boger said that DEQ (Department of Environmental Quality) would be brought in if this should occur. Supervisor Harvey said that a garage may store up to 1000 gallons of oil before DEQ becomes involved, unless a spill occurs.

Mr. Ragland said that currently only 4 barrels of waste oil are stored at a time and he would be willing to screen them from view. During the day there are numerous vehicles at the garage and sometimes they are kept overnight until repairs are completed.

Commissioner Russell asked about the other sheds on the property. Mr. Ragland said they were personal and not related to the garage.

The public hearing was opened.

Roger Nelson spoke in support of the garage. He said it is an asset to the neighborhood and adds to the security of the community.

David Hess said the Raglands are good neighbors and he was happy to have the garage in the community.

Bill Turner also spoke in support of the garage.

The public hearing was closed.

Chair Proulx said waste oil storage should be limited to 4 barrels and should be screened from public view. Mr. Ragland said the oil is picked up by a disposal company.

Commissioner Russell said that an addition is being planned, and that the site would be more attractive if the other storage buildings could be placed in a different location. She also pointed out that the survey and the tax map do not agree. There is also a difference in the acreage (.99 ac. on the survey; taxed for .26 ac.). The survey should be filed in the Clerk’s office where they will ask the tax office to clear up these discrepancies.

Mr. Boger said the Health Department has indicated that the existing septic system is adequate and VDOT has approved the curbing.

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

The Planning Commission recommends to the Board of Supervisors approval of Special Use Permit #2007-003 for Prentice and Nancy Ragland to operate an auto repair business, including safety inspections and related services, on property located on Cabell Road, Wingina, Virginia, Tax Map #81-A-45C, as presented on survey dated June 5, 2007, revised June 14, 2007, with the following conditions: 1) oil storage area will be screened, with a maximum of four (4) waste oil drums being stored outside on the property at any one time; and 2) the new survey must be recorded in the Clerk’s office.

Mr. Harvey provided the second, and motion passed 4-0.

(Mr. Boger introduced visitor Mr. Don Hedrick to the Commission. Mr. Hedrick is on the Planning Commission for Amherst County.)

2. Special Use Permit #2007-004 – Betty R. Parrish

Mr. Boger reported that Ms. Parrish is requesting a SUP to place a double-wide manufactured home on property zoned Residential, R-1, located to the left of 117 Montreal Lane, Shipman, Tax Map #68-5-24B. The following items must be considered: 1) availability of well and septic; 2) availability of electrical service which requires an easement from Mr. Otha Ragland; 3) VDOT approval of entrance; and 4) possible permit from Virginia Department of Conservation and Recreation (DCR) for grading of site.

Ms. Parrish was present to answer questions.

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 SUP application, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors approval of Special Use Permit #2007-004 for Betty R. Parrish to place a double-wide manufactured home on a 1.00 acre lot located on Montreal Lane (Rt. 772), Tax Map #68-5-24B, R-1 zoning district, under contract for purchase from Mr. Otha Ragland, subject to the following conditions: 1) availability of water and septic; 2) availability of electrical service through grant of easement by Mr. Otha Ragland; 3) acquisition of entrance permit from VDOT; 4) acquisition of permit from Department of Conservation and Recreation (DCR), if necessary; and 5) manufactured home placement to meet all setback requirements for R-1, as detailed in the Nelson County Zoning Ordinance.

Commissioner Hunt provided the second, and motion passed 4-0.

3.   Conditional Use Permit #2007-005 – Riley Jones (Continued from May, 2007)

[Mr. Jones is requesting a CUP to place a second manufactured home on his property located at 1715 Piedmont Road, Gladstone. The second manufactured home on the same parcel constitutes a “mobile home park.” The parcel is identified as Tax Map #96-A-11 and consists of approximately 2.92 acres.]

Mr. Boger reported that Mr. Jones has made a good faith effort to have the ownership deed filed; however, legal counsel has not completed the work. Chair Proulx suggested that the case be deferred until July to allow sufficient time for this to be done.

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

Commissioner Russell made a motion to continue to July the Conditional Use Permit application #2007-005 for Riley Jones. Commissioner Hunt provided the second, and motion passed 4-0.

4.   Final Subdivision – “The Seasons”

Mr. Boger reported that Mr. Henry Smith has submitted the final subdivision plat 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, Tax Map #11E-F-1, F-1A, and F-1C. The site plan for the development was approved by the Planning Commission in June, 2006. The project will consist of 24 townhouses for sale. Units will be four stories high and 56 feet in height. The site area is approximately 1.401 acres with 0.557 acres of common area. There is a slight difference in acreage from the site plan.

Mr. G. P. Williamson, representing Mr. Smith, said the site has been cleared and some foundations have been poured.

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

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

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for “The Seasons” submitted by OPRE Wintergreen Acquisition, LLC, to divide 1.401 acres into 24 lots ranging in size from 1,307 to 2,810 sq. ft. with 0.557 ac. common area, located on Wintergreen Drive, Wintergreen, Virginia, Tax Map #11E-F-1, F-1A, and F-1C, as presented on plat dated May 17, 2007.

Commissioner Russell provided the second, and motion passed 4-0.

Other Business

1)   Zoning Ordinance Amendment for Farm Wineries and Farm Winery Permanent Retail Establishment (continued discussion)

The revised document prepared and distributed by Mr. Boger. After discussion, the following revision was agreed upon.

AN ORDINANCE TO AMEND ARTICLE 2; ARTICLE 4, SECTION 4-1; ARTICLE 8, SECTION 8-1; AND ARTICLE 8B, SECTION 8B-1-a
OF THE CODE OF THE COUNTY OF NELSON, 1989,
THE AMENDED SECTIONS RELATING TO DEFINITIONS USES PERMITTED BY RIGHT AND BY SPECIAL USE PERMIT IN AGRICULTURAL, BUSINESS, AND SERVICE ENTERPRISE DISTRICTS.

BE IT ORDAINED BY THE NELSON COUNTY BOARD OF SUPERVISORS:

1.   That Article 2 of The Code of the County of Nelson, 1989, is amended to include the following definitions:

“Farm winery” means an establishment as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on-premise consumption and in closed containers for off-premise consumption. The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery without regulation. Other food prepared on site shall be prepared in a facility in compliance with the Virginia State Building Code requirements and licensed by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery without regulation.

“Farm winery permanent remote retail establishment” means a permanent retail establishment located off of the farm winery premise but associated with a farm winery as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on-premise consumption and in closed containers for off-premise consumption.   The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery permanent remote retail establishment without regulation. Other food served on- site shall be prepared in an off-site facility licensed by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery permanent remote retail establishment without regulation.

2.   That Article 4, Section 4-1 (Agricultural District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by right”:

Farm winery

3.   That Article 4, Section 4-1-b (Agricultural District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by a Special Use Permit only”:

Farm winery permanent remote retail establishment

4.   That Article 8, Section 8-1-b (Business District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by Special Use Permit only”:

Farm winery permanent remote retail establishment

5.   That Article 8B, Section 8B-1 (Service Enterprise District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by right”:

Farm winery

6.   That Article 8B, Section 8B-1-a (Service Enterprise District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by Special Use Permit only”:

Farm winery permanent remote retail establishment

7.   That this Ordinance shall become effective upon its passage.

Commissioner Russell made a motion to return the revised amendment to the Board of Supervisors, Commissioner Hunt provided the second, and motion passed 4-0.

2)   Application for Addition to Davis Creek Agricultural/Forestal District

Mr. Boger reported that an application has been received from Virginia A. Evans and James and Lesley Rowe to add 17.26 acres to the Davis Creek AFD. The Commission’s responsibility is to send the application to the AFD Advisory Committee who will review the application and make a recommendation back to the Planning Commission.

Commissioner Russell made a motion to acknowledge receipt of the application for an addition to the Davis Creek AFD for property owned by Virginia A. Evans and James and Lesley Rowe and refer it to the AFD for review and recommendation. Commissioner Hunt provided the second, and motion passed 4-0.

3)   Application for Addition to Dutch Creek Agricultural/Forestal District

Mr. Boger reported that an application has also been received from John Davis to add 11.501 acres to the Dutch Creek AFD.

Commissioner Russell made a motion to acknowledge receipt of the application for an addition to the Dutch Creek AFD for property owned by John Davis and refer it to the AFD for review and recommendation. Commissioner Hunt provided the second, and motion passed 4-0.

4)   Letter from County Administrator

The Commissioners have received a letter from Mr. Carter with reference to the Master Plan for Lovingstong, including the Lovingston Safety Study, the Master Plan for Nellysford, future Capital Improvement Projects, and other planning issues. Mr. Boger explained that Mr. Carter wanted the Commission to review the master plans in preparation for updating the Comprehensive Plan. Mr. Carter wishes the Planning Commission to be more involved in the planning process.

Chair Proulx stated that it would be helpful if Mr. Carter could meet with the Commission in July to discuss their involvement with this process. Mr. Boger will arrange this with Mr. Carter.

BOS Liaison – Tommy Harvey

Supervisor Harvey reported that the Board is pleased to be finished with the June 1 Zoning and Subdivision Ordinance amendments. Commissioner Russell noted that the Community Credit Union Building construction has begun and asked Mr. Harvey about plans for curb cuts, etc. Supervisor Harvey is meeting with the owner of the property, Mr. Stevens, in July to discuss further plans for this adjoining property.

(Mr. Boger stated that the approval was received on June 27, 2007 to proceed with the Virginia Blue Ridge Railway Trail project.)

Adjournment

At 8:50 o’clock P. M., Commissioner Russell made a motion to adjourn the meeting. Motion passed 4-0.

Next Meeting: July 25, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND APPROVAL OF
SPECIAL USE PERMIT #2007-003 FOR
PRENTICE AND NANCY RAGLAND

WHEREAS, Mr. and Mrs. Ragland of James River Road have filed an application for Special Use Permit #2007-003 to operate an auto repair business, including safety inspections and related services, on property located on Cabell Road, Wingina, Virginia, identified as Tax Map #81-A-45C; and

WHEREAS, a notice of Public Hearing for the review of the Special Use Permit by the Nelson County Planning Commission was published in the Nelson County Times on June 7 and 14, 2007; and

WHEREAS, on June 18, 2007, adjoining property owners in Nelson County were notified of the public hearing on this application; and

WHEREAS, on June 27, 2007, the Nelson County Planning Commission held the required public hearing on said Special Use Permit; 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 Special Use Permit #2007-003 for Prentice and Nancy Ragland to operate an auto repair business, including safety inspections and related services, on property located on Cabell Road, Wingina, Virginia, Tax Map #81-A-45C, as presented on survey dated June 5, 2007, revised June 14, 2007, with the following conditions: 1) oil storage area will be screened, with a maximum of four (4) waste oil drums being stored outside on the property at any one time; and 2) the new survey must be recorded in the Clerk’s office.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Tommy Harvey

Motion Passed:   4-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     June 27, 2007

A RESOLUTION
TO RECOMMEND APPROVAL OF
SPECIAL USE PERMIT #2007-004 FOR
BETTY R. PARRISH

WHEREAS, Ms. Betty R. Parrish has filed an application for Special Use Permit #2007-004 to place a double-wide manufactured home on a 1.00 acre lot located on Montreal Lane (Rt. 772) in Shipman, Virginia, (Tax Map #68-5-24B) which is under contract for purchase from Mr. Otha Ragland, in R-1 zoning district; and

WHEREAS, a notice of Public Hearing for the review of the Special Use Permit by the Nelson County Planning Commission was published in the Nelson County Times on June 7 and 14, 2007; and

WHEREAS, on June 18, 2007, adjoining property owners in Nelson County were notified of the public hearing on this application; and

WHEREAS, on June 27, 2007, the Nelson County Planning Commission held the required public hearing on said Special Use Permit; 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 Special Use Permit #2007-004 for Betty R. Parrish to place a double-wide manufactured home on a 1.00 acre lot located on Montreal Lane (Rt. 772), Tax Map #68-5-24B, R-1 zoning district, under contract for purchase from Mr. Otha Ragland, subject to the following conditions: 1) availability of water and septic; 2) availability of electrical service through grant of easement by Mr. Otha Ragland; 3) acquisition of entrance permit from VDOT; 4) acquisition of permit from Department of Conservation and Recreation (DCR), if necessary; and 5) manufactured home placement to meet all setback requirements for R-1, as detailed in the Nelson County Zoning Ordinance.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   4-0
                       APPROVED: __________________________
CHAIR


ATTEST: ______________________________

Planning Commission Secretary                                                                                   DATE:     June 27, 2007

A RESOLUTION
TO RECOMMEND APPROVAL OF
FINAL SUBDIVISION PLAT FOR
“THE SEASONS”

WHEREAS, Mr. Henry Smith, representing OPRE Wintergreen Acquisition, LLC, has submitted the final subdivision plat for “The Seasons” to divide 1.401 acres into 24 lots ranging in size from 1,307 to 2.810 sq. ft. with 0.557 ac. common area, located on Wintergreen Drive, Wintergreen, Virginia, Tax Map #11E-F-1, F-1A, and F-1C; and

WHEREAS, a notice of Public Hearing for the review of the final subdivision plat by the Nelson County Planning Commission was published in the Nelson County Times on June 7 and 14, 2007; and

WHEREAS, on June 18, 2007, adjoining property owners in Nelson County were notified of the public hearing on this application; and

WHEREAS, on June 27, 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 “The Seasons” submitted by OPRE Wintergreen Acquisition, LLC, to divide 1.401 acres into 24 lots ranging in size from 1,307 to 2,810 sq. ft. with 0.557 ac. common area, located on Wintergreen Drive, Wintergreen, Virginia, Tax Map #11E-F-1, F-1A, and F-1C, as presented on plat dated May 17, 2007.

Motion made by Commissioner: Emily Hunt

Motion seconded by Commissioner: Linda Russell

Motion Passed:   4-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     June 27, 2007