Planning: July 25, 2007

July 25, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
July 25, 2007

Present: Chair, Philippa Proulx, Vice Chair Emily Hunt, Commissioners Linda Russell and Michael Harman, 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.

Approval of Minutes: Vice Chair Hunt made a motion to approve minutes from the June 27, 2007 meeting. Commissioner Russell provided the second, and motion passed 5-0.

Conditional Use Permit #2007-005 – Riley Jones

Chair Proulx stated that Mr. Jones has advised he is not ready to proceed with this CUP. Attorney/client paperwork has not been completed at this time.

Commissioner Russell made a motion to continue consideration of the application for CUP #2007-005, Riley Jones, until the August, 2007 meeting. Commissioner Hunt provided the second and motion passed 5-0.

Final Subdivision Plat – Daryl Morse

Mr. Boger reported that Mr. Morse has submitted a final subdivision plat to divide approximately 9.66 acres into 4 lots with a private road and cul-de-sac. The property is located on Lobo Lane (Rt. 634) in Arrington, and identified as Tax Map #86-A-, Parcel 60A. The preliminary subdivision plat for Mr. Morse’s property was approved under the zoning ordinance in effect prior to the May 31, 2007 amendments; therefore, the final must comply with that version of the ordinance.

The E & S Control Plan approval has been received from TJPDC, and soils work was submitted to the Health Department on July 11, 2007. The Virginia Department of Conservation and Recreation (DCR) must be contacted to determine if a permit is required and/or if a stormwater management plan is required for this development. A land disturbing permit must be obtained from the Building Inspections office prior to grading and the required bond posted for the E & S plan. A surety bond is to be posted with the Planning Office to guarantee construction of the new road or the developer has the option of constructing the road and submitting a letter from the design engineer certifying that the road was constructed as designed. The final plat can be signed by staff once this document is received.

Mr. Morse was present at the meeting.

The public hearing was opened, there were no comments, and public hearing was closed.
Supervisor Harvey asked if the entrance was a commercial one. Mr. Morse said it will be surface treated and that VDOT has visited the site several times and is aware of the plans for entrance, street and cul-de-sac.

Commissioner Russell 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 dated March 19, 2007, for the Richard Miles Estate, Daryl E. Morse owner, located on Rt. 734, for 9.66 acres to be divided into 4 lots ranging in size from 2.0 to 2.3 acres, Tax Map #86-A-60A, subject to the following conditions: 1) Health Department approval; 2) VDOT approval; 3) determination of need for DCR permit and/or stormwater management plan; 4) land disturbing permit and bond; and 5) notification to Planning Director of decision on when roads will be built.

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

Supervisor Harvey stated that the conditions noted in the recommendation are required before the final plat can be signed; therefore, it is not necessary to make them part of the motion. Commissioners Russell and Hunt are of the opinion that these conditions should be spelled out for the applicant to avoid misunderstanding at the time the plat is submitted for signatures.

Other Business

   * Report from Agricultural and Forestal Districts Advisory Committee – Addition to   Davis Creek and Dutch Creek Agricultural and Forestal Districts (AFD).

Mr. Boger reported that the AFD Advisory Committee met on July 23 to consider applications to two AFDs. Mr. Andy Wright, Chairman, reported that the committee considered the following application for the Davis Creek AFD:
•   Tax Map #45-A, Parcel 22 – 4.56 acres – James W. and Lesley A. Rowe, property owners.
•   Tax Map #45-A, Parcels 12 & 12A – 12.70 acres – Virginia A. Evans, property owner.

The following application for the Dutch Creek AFD was also considered:
•   Portion of Tax Map #60-3, Parcel 13 – 11.501 acres – John C. Davis

The Advisory Committee recommended that the Davis Creek AFD application be approved and forwarded to the Board of Supervisors. Further, the Committee recommended that the Dutch Creek application be forwarded to the Board of Supervisors upon receiving from the applicant, prior to the public hearing, a topographical map of the proposed addition, as required by the AFD ordinance. Mr. Davis’ property adjoins land that is already in the AFD. These recommendations were recorded in minutes of the July 23 meeting which will be provided to the Planning Commission within two weeks.

Commissioner Hunt made a motion that the Planning Commission accept the reports of the AFD Advisory Committee for additions to the Davis Creek and Dutch Creek AFDs and instruct the Planning Director to advertise for a public hearing. Commissioner Russell provided the second, and motion passed 5-0.

   * Master Plan Projects – Input from County Administrator

Chair Proulx has discussed with Mr. Carter the role of the Planning Commission in providing input on the Master Plan Projects for Lovingston and Nellysford. He indicated that he wishes to consult with the BOS about whether it wishes to proceed on any or all items referenced in his letter to the Planning Commission. (See addendum to June 27th minutes.) No action is required by the Commission at this time.

   * Board of Supervisors liaison report – Supervisor Tommy Harvey

Supervisor Harvey reported that there are three applications for the Planning Commission vacancy and the Board plans to make a decision at the August 14 meeting.

   * Other

Commissioner Russell suggested that the BOS consider revisions to the subdivision ordinance a priority before undertaking tasks outlined in Mr. Carter’s letter.

Adjournment

At 7:50 o’clock P. M., Commissioner Russell made a motion to adjourn. Motion passed 5-0.

Next Meeting: August 22, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE
FINAL SUBDIVISION PLAT FOR
RICHARD MILLS ESTATE
DARYL E. MORSE, OWNER

WHEREAS, Daryl E. Morse is requesting approval of a final subdivision plat for 9.66 acres to be divided into 4 lots ranging in size from 2.0 to 2.3 acres, located on Lobo Lane (Rt. 734), and identified as Tax Map #86-A-60A; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on July 5 and 12, 2007; and

WHEREAS, on July 17, 2007, adjoining property owners were notified of the public hearing on this final plat; and

WHEREAS, on July 25, 2007, the Nelson County Planning Commission held the required public hearing on said final 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 dated March 19, 2007, for the Richard Miles Estate, Daryl E. Morse owner, located on Rt. 734, for 9.66 acres to be divided into 4 lots ranging in size from 2.0 to 2.3 acres, Tax Map #86-A-60A, subject to the following conditions: 1) Health Department approval; 2) VDOT approval; 3) Determination of need for DCR permit and/or stormwater management plan; 4) land disturbing permit and bond; and 5) notification to Planning Director of decision on when roads will be built.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                         Planning Secretary                                                                                   DATE:     July 25, 2007