Planning: August 22, 2007

August 22, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
August 22, 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 July 25, 2007 meeting. Commissioner Russell provided the second, and motion passed 5-0.

Conditional Use Permit #2007-005 – Riley Jones (Continued from June, 2007)

Mr. Boger reported that Mr. Jones’ lawyer is still working on the deeds that will give him legal ownership of the property located at 1715 Piedmont Road, Gladstone. The public hearing was held on June 27, 2007 and this has been deferred twice.

Mr. Boger said that Mr. Jones has the option of withdrawing the application now and reapplying after legal work has been done, or he may wait for Board of Supervisor action. If he opts for the latter, he must wait for one year to reapply.

Commissioner Russell made a motion to recommend denial of approval of this CUP, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors denial of Conditional Use Permit #2007-005 for Riley Jones for a mobile home park on property located at 1715 Piedmont Road, Gladstone, A-1 zoning district, which will be the second manufactured home on 2.92 acres. The application is invalid due to the fact that the applicant is not the legal property owner of Tax Map #96-A-11.

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

Agricultural and Forestal District Addition – Davis Creek

Mr. Boger reported that Ms. Virginia Evans and Mr. and Mrs. James Rowe have filed an application to add 17.526 acres to the Davis Creek AFD. The application was referred to the Planning Commission on June 27, 2007, which passed it on to the AFD Advisory Committee which met on July 23, 2007. The Committee has recommended approval of the application as follows:
•    Tax Map #45-A-22 – 4.56 acres – James W. Rowe, III and Leslie A. Rowe, property owners
•    Tax Map #45-A, 12 & 12A – 12.7 acres – Virginia A. Evans, property owner

Mr. Andy Wright, Chairperson of the AFD Advisory Committee, was present to answer any questions.

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

Since all requirements of the ordinance have been met, Vice Chair Hunt made a motion to recommend approval of the Davis Creek AFD addition, as stated in the following resolution:

    The Nelson County Planning Commission recommends to the Board of Supervisors adoption of an ordinance adding 17.26 acres to the Davis Creek Agricultural and Forestal District, as proposed, with the conditions (restrictions) as stated in the application which the property owner voluntarily agreed to place on his property.

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

Agricultural and Forestal District Addition – Dutch Creek

Mr. Boger reported that Mr. John Davis has filed an application to add 11.501 acres to the Dutch Creek AFD. The application was referred to the Planning Commission on June 27, 2007 which passed it on to the AFD Advisory Committee which met on July 23, 2007. The Committee has recommended approval of the application as follows:

•    Tax Map #60-3-13 – 11.501 acres – John Davis, property owner.

Mr. and Mrs. Rowe and Mr. Andre Derdyn were present.

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

Since all requirements of the ordinance have been met, Commissioner Hunt made a motion to recommend approval of the Dutch Creek AFD addition, as stated in the following resolution:

    The Nelson County Planning Commission recommends to the Board of Supervisors adoption of an ordinance adding 11.501 acres to the Dutch Creek Agricultural and Forestal District, as proposed, with the conditions (restrictions) as stated in the application which the property owner voluntarily agreed to place on his property.

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

Final Subdivision Plat – “River Rock Estates”

Mr. Boger reported that Mr. Massie Saunders, Surveyor, submitted the final subdivision plat on behalf of Dream Land of Virginia, LLC, to divide 99.8 acres into 9 lots ranging in size from 7.492 to 14.759 acres. The property is located on Tye River Road (Rt. 657) and identified as a portion of Tax Map #92-A-6. All requirements for a final plat have been met and Staff recommends approval.

Mr. Saunders was present to represent Dream Land of Virginia, LLC.

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

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 July 20, 2007, entitled “A Composite Plan Showing a     Subdivision of the Property of Dream Land of Virginia, L.L.C. to be Known as     ‘River Rock Estates’,” a portion of Tax Map #92-A-6, subject to final approval of     soils work from the Health Department and E & S Control Plan from the Thomas     Jefferson Soil & Water Conservation District.

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

Final Subdivision Plat – “Rockfish Heights”, Section 2

Mr. Boger reported that Mr. Jace Goodling has submitted the final subdivision plat for “Rockfish Heights,” Section 2 which divides approximately 75.936 acres into 16 lots. The property is located on Spruce Creek Lane, approximately 0.9 miles NW of Rockfish Valley Highway, Tax Map #21-A-22 and 21-A-24F. He noted that Lot 14-B is a non-buildable lot which will be used for the required septic drainfield area for lot 14-A. A note to this effect must be placed on the plat. Permanent monuments are in place, but need to be shown on the plat, as well as utility easements. All other requirements for a final plat have been met, and Staff recommends approval.

Mr. Goodling was present and offered no further comment.

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

Commissioner Harman 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 July 3, 2007, signed July 18, 2007, entitled “Rockfish     Heights Sect 2”, dividing approximately 75.9236 acres into 16 lots on State Route     627, Tax Map #21-A-24F, contingent upon the following:
•    receiving final approval of the E & S Control Plan
•    receiving final approval of the soils work by the Health Department
•    placing utility easements on the plat
•    noting on the plat that Lot 14B is a non-buildable lot which will be used for the required septic drainfield on Lot 14A
•    noting on the plat the location of permanent monuments.

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

Other Business

Mr. Jerry Gress of the Nelson County Broadband Management Team made a presentation to the Commission on the progress in providing this technology to Nelson County. An initial grant was given to the County in January, 2007 for Phase 1. Since that time, surveys have been sent to citizens to determine their internet needs and uses and a 20 person committee formed to analyze and make recommendations. The timeline for completion of Phase 1 is approximately April, 2008. If the County qualifies, a State grant of $50,000 could fund continuation through Phase 2.

Board of Supervisors Liaison Report

Supervisor Harvey stated that there are several candidates for the vacancy on the Planning Commission; however, no selection has been made as of this time.

Adjournment

At 8:05 o’clock P. M., Commissioner Russell made a motion to adjourn, Vice Chair Hunt provided the second, and motion passed 5-0.

Next Meeting: September 26, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND DENIAL OF
CONDITIONAL USE PERMIT #2007-005 FOR
RILEY JONES

WHEREAS, Mr. Riley Jones has filed an application for Conditional Use Permit #2007-005 for a mobile home park on property located at 1715 Piedmont Road, Gladstone, Tax Map #96-A-11, A-1 zoning district, which will be the second manufactured home on 2.92 acres; and

WHEREAS, a notice of Public Hearing for the review of the Conditional Use Permit by the Nelson County Planning Commission was published in the Nelson County Times on June 7 and 14, 2007, July 5 and 12, 2007, and August 2 and 9, 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 Conditional Use Permit; and

WHEREAS, on June 27 and July 25, 2007, the Nelson County Planning Commission deferred a decision pending submission of legal documents concerning the property; and

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

The Planning Commission recommends to the Board of Supervisors denial of Conditional Use Permit #2007-005 for Riley Jones for a mobile home park on property located at 1715 Piedmont Road, Gladstone, A-1 zoning district, which will be the second manufactured home on 2.92 acres. The application is invalid due to the fact that the applicant is not the legal property owner of Tax Map #96-A-11.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:    5-0

APPROVED: __________________________
                                    CHAIR


ATTEST: ______________________________

Planning Commission Secretary                                                                                    DATE:     August 22, 2007


A RESOLUTION
RECOMMENDING APPROVAL OF AN ORDINANCE ADDING TO
THE DAVIS CREEK AGRICULTURAL AND FORESTAL DISTRICT

WHEREAS, an application has been filed for an addition to the Davis Creek Agricultural and Forestal District; and

WHEREAS, the addition will consist of the following properties:

•    Tax Map #45-A, Parcel 22 - 4.56 acres

•    Tax Map #45-A-Parcels 12 & 12A – 12.70 acres

WHEREAS, the total acreage of the addition to the District will be 17.26 acres; and

WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section 9-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:

a.    No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production;
      b.    Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District for at least until the time of the next scheduled District renewal; and
c.    Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
d.    Membership in this AFD does not preclude building a home on land on which no structure exists, or construction of guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations.
e.    The period before first review is five (5) years; and

WHEREAS, on June 27, 2007, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Districts Advisory Committee; and

WHEREAS, the Agricultural and Forestal Districts Advisory Committee met on July 23, 2007 to review and discuss the application; and

WHEREAS, the Agricultural and Forestal Districts Advisory Committee has determined that the application and the property cited in it complies with the requirements for inclusion in an Agricultural and Forestal District and recommends the addition to the Davis Creek Agricultural and Forestal District as proposed; and
WHEREAS, on August 13, 2007 letters were mailed first to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on August 22, 2007 for the Planning Commission and on September 11, 2007 for the Board of Supervisors; and

WHEREAS, pursuant with Section 15.2-4307 of the Code of Virginia and Chapter 9, Article 5, Agricultural and Forestal District, of the Code of the County of Nelson, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and

WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15-2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on August 2, 2007 and August 9, 2007; and

WHEREAS, pursuant to Section 15.2-4310 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed district on August 9, 2007; and

WHEREAS, on July 25, 2007 the Nelson County Planning Department and the Agricultural and Forestal Districts Advisory Committee presented to the Commission their reports recommending approval of the application as proposed; and

WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on August 22, 2007 to receive comments from the public on the proposed Agricultural and Forestal District addition; and

WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Districts Advisory Committee’s recommendation, and considering comments from the public, it is the Commission’s finding that this addition meets the requirements for an Agricultural and Forestal district;

NOW, THEREFORE, BE IT RESOLVED as follows:

    The Nelson County Planning Commission recommends to the Board of Supervisors adoption of an ordinance adding 17.26 acres to the Davis Creek Agricultural and Forestal District, as proposed, with the conditions (restrictions) as stated in the application which the property owner voluntarily agreed to place on his property.

Motion made by Commissioner: Emily Hunt        APPROVED: __________________
                                        CHAIR
Motion seconded by Commissioner: Linda Russell
ATTEST: _____________________
                                      Planning Commission
Motion Passed: 5-0                              Secretary

DATE: August 22, 2007

A RESOLUTION
RECOMMENDING APPROVAL OF AN ORDINANCE ADDING TO
THE DUTCH CREEK AGRICULTURAL AND FORESTAL DISTRICT

WHEREAS, an application has been filed for an addition to the Dutch Creek Agricultural and Forestal District; and

WHEREAS, the addition will consist of the following property:

•    Tax Map #60-3, Parcel 13    11.501 acres

WHEREAS, the total acreage of the addition to the District will be 11.501 acres; and

WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section 9-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:

b.    No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production;
      b.    Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District for at least until the time of the next scheduled District renewal; and
f.    Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
g.    Membership in this AFD does not preclude building a home on land on which no structure exists, or construction of guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations.
h.    The period before first review is five (5) years; and

WHEREAS, on June 27, 2007, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Districts Advisory Committee; and

WHEREAS, the Agricultural and Forestal Districts Advisory Committee met on July 23, 2007 to review and discuss the application; and

WHEREAS, the Agricultural and Forestal Districts Advisory Committee has determined that the application and the property cited in it complies with the requirements for inclusion in an Agricultural and Forestal District and recommends the addition to the Dutch Creek Agricultural and Forestal District as proposed; and

WHEREAS, on August 13, 2007 letters were mailed first to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on August 22, 2007 for the Planning Commission and on September 11, 2007 for the Board of Supervisors; and
WHEREAS, pursuant with Section 15.2-4310 of the Code of Virginia and Chapter 9, Article 5, Agricultural and Forestal District, of the Code of the County of Nelson, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and

WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15-2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on August 2, 2007 and August 9, 2007; and

WHEREAS, pursuant to Section 15.2-4307 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed district on August 9, 2007; and

WHEREAS, on July 25, 2007 the Nelson County Planning Department and the Agricultural and Forestal Districts Advisory Committee presented to the Commission their reports recommending approval of the application as proposed; and

WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on August 22, 2007 to receive comments from the public on the proposed Agricultural and Forestal District addition; and

WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Districts Advisory Committee’s recommendation, and considering comments from the public, it is the Commission’s finding that this addition meets the requirements for an Agricultural and Forestal district;

NOW, THEREFORE, BE IT RESOLVED as follows:

    The Nelson County Planning Commission recommends to the Board of Supervisors adoption of an ordinance adding 11.501 acres to the Dutch Creek Agricultural and Forestal District, as proposed, with the conditions (restrictions) as stated in the application which the property owner voluntarily agreed to place on his property.

Motion made by Commissioner: Emily Hunt
APPROVED: __________________
                                             CHAIR
Motion seconded by Commissioner: Linda Russell

ATTEST: _____________________

Planning Commission Secretary
Motion Passed: 5-0

DATE: August 22, 2007

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR “RIVER ROCK ESTATES”

WHEREAS, Dream Land of Virginia, LLC, has filed a final subdivision plat with the Nelson County Planning Department to divide approximately 100.0 acres into 9 tracts located on State Route 657, identified as a portion of Tax Map 92-A-6; 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 August 2 and 9, 2007; and

WHEREAS, on August 13, 2007, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on August 22, 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 July 20, 2007, entitled “A Composite Plan Showing a Subdivision of the Property of Dream Land of Virginia, L.L.C. to be Known as ‘River Rock Estates’ ”, a portion of Tax Map #92-A-6, subject to final approval of soils work from the Health Department and E & S Control Plan from the Thomas Jefferson Soil & Water Conservation District.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed:    5-0
APPROVED: __________________________
                                           CHAIR


ATTEST: ______________________________

Planning Commission Secretary                                                                                    DATE:     August 22, 2007

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR “ROCKFISH HEIGHTS”, SECTION 2

WHEREAS, Winter Wren, LLP, has filed a final subdivision plat with the Nelson County Planning Department to divide approximately 75.9236 acres into sixteen (16) lots located on State Route 627, identified as Tax Map 21-A-22 and 21-A-24F; 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 August 2 and 9, 2007; and

WHEREAS, on August 13, 2007, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on August 22, 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 July 3, 2007, signed July 18, 2007, entitled “Rockfish     Heights Sect 2”, dividing approximately 75.9236 acres into 16 lots on State Route     627, Tax Map #21-A-24F, contingent upon the following:
•    receiving final approval of the E & S Control Plan
•    receiving final approval of the soils work by the Health Department
•    placing utility easements on the plat
•    noting on the plat that Lot 14B is a non-buildable lot which will be used for the required septic drainfield on Lot 14A
•    noting on the plat the location of permanent monuments.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed:    5-0                APPROVED: __________________________
                                           CHAIR

                        ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                    DATE:     August 22, 2007