Planning: Planning Commission Meeting Minutes-September 26, 2007

Planning Commission Meeting Minutes-September 26, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
September 26, 2007

Present: Chair Philippa Proulx, Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Harman, Michael Tapager 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. Michael Tapager, representing the South District, was welcomed to the Commission. Chair Proulx announced that CUP #2007-006 for Claude DelFosse has been removed from the agenda due to the passing of an amendment to the Zoning Ordinance which eliminates the need for this CUP.

Approval of Minutes: Commissioner Russell made a motion to approve minutes from the August 22, 2007 meeting. Commissioner Harman provided the second, and motion passed 5-0, with Commissioner Tapager abstaining.

Special Use Permit #2007-007 – Rockfish Valley Volunteer Fire Department

Mr. Boger reported that the RVVFD, represented by Chief Tommy Harvey, is requesting a SUP to install two 30,000 gallon propane storage tanks on their property located at 11100 Rockfish Valley Highway, Afton, Virginia (Tax Map #7-A-9B). The tanks will be located approximately 125 feet from the edge of the highway at the northern end of the property. The area in front of the tanks is screened from view and the storage area is to be enclosed by a chain link fence. The site plan submitted shows existing buildings, tractor pull area, bleachers, and storage area at the far east corner of the site, as well as proposed bleacher extensions and amphitheater.

Mr. Boger added that the property is zoned Agricultural, A-1 which is the only zoning district in which this type of storage is permitted by SUP. E & S Control Plan is not required since the area to be disturbed is less than 10,000 sq. ft. in size. Signs will be posted as required by State and Federal regulations. Tiger Fuel will be leasing this portion of the fire department property to store propane for offloading to trucks providing propane service to customers in the Afton/Nellysford area. There will be no retail sales from this location. The Planning Department received one call from Rebecca Birnbaum inquiring about the proposed tanks.

Applicant Tommy Harvey stated that Steve Key, surveyor, has updated the site plan to show present and future uses, noting that a few items still need to be corrected, i.e. the gas pump shown at the end of the building is no longer there, the driveway is asphalt rather than gravel, a generator and 300 gallon propane tank are located to the right of the existing building, and the location of future bleachers in incorrect.

Mr. Harvey said the tanks will not be visible from Rt. 151. Fence and hedge rows now screen the propane tank location. Power and telephone lines exist and will be used for the propane operation.

Mr. Ron Moyer, owner of Tiger Fuel, said that truck traffic into the area will depend on the weather and the customer demand. Traffic is estimated to consist of one large truck every other day delivering propane to the site, with 3 or 4 smaller trucks loading propane for delivery every day. There are a large number of customers in the Afton/Nellysford area, and this storage and loading site will enable Tiger Fuel to provide better service to those customers. Each small truck holds approximately 2400 to 2500 gallons of propane. No trucks will be parked at the site after hours of operation.

Commissioner Tapager asked about the typical truck traffic into Mr. Moyer’s business on Front Street, Lovingston, and Mr. Moyer said it was approximately 3 to 4 propane trucks and 3 to 4 oil trucks per day.

The public hearing was opened.

Ms. Rebecca Birnbaum expressed concern over safety issues and asked the following questions: 1) Who collects the money for lease of the property? 2) What are the hours of operation and frequency of traffic to the site? 3) Can more tanks be requested and placed at a later date? 4) What is the height of the tank? 5) What is the age and condition of the tanks? 6) How much danger is there to surrounding properties due to leaks, power lines, stray bullets, tractor pulls, transfer from one truck to another, explosions, etc., and what remedy for damage would there be?

Mr. Harry Baum asked whether the County is able to mix a commercial use with non-profit associations. He expressed concern over site plan enforcement and whether requirements for landscaping/screening will be enforced. He also asked about the term of the lease.

Mr. Harvey and Mr. Moyer provided the following answers to questions posed by Ms. Birnbaum and Mr. Baum:
•   The Treasurer of the Fire Department collects the lease money. There will be a written lease between Tiger Fuel and the fire department which will be a minimum of 10 years with automatic renewal..
•   Normal hours of operation will be weekdays, approximately 8:00 A. M. to 5:00 P. M. Some weekend operation may be needed because of severe weather conditions and customer demand.
•   There may be a need for more tanks, depending on customer demand. Any additions will require an amended Special Use Permit.
•   Height of the tanks is approximately 12 ft.
•   All tanks must be certified for use by VDOE (Virginia Department of Energy), whether they are new or used.
•   Activities on other portions of the site have safety precautions in place, i.e. there are safety devices in use during the tractor pull activities. Tiger Fuel has liability insurance. Mr. Moyer stated that there has been no explosion or leak problem with any existing Tiger Fuel tanks since they were placed in 1995. All fittings are checked periodically, and a propane smell indicates that a leak exists. If the integrity of the tanks is compromised, it will be handled by the fire department and Tiger Fuel.
•   The fire department has the option of deciding how their land will be used. (Ms. Proulx noted that the Zoning Ordinance does not prohibit commercial and non-profit organizations from using the same site.)
•   Landscaping required on the site plan must be completed in a timely manner. (Mr. Boger said this would be easy to enforce since the lack of screening would be visible from Rt. 151.)

Commissioner Russell reiterated that the demand for propane in the northern part of the County is increasing and that it must be difficult for Tiger Fuel to service the County from one tank located in Lovingston. There is good screening at the fire department site now and it should be maintained for the protection of adjoining property owners as well as tourists traveling on Rt. 151. A buffer must be maintained, and if trees die, they must be replaced in a timely manner.

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

The Planning Commission recommends to the Board of Supervisors the approval of Special Use Permit #2007-007 for Rockfish Valley Volunteer Fire Department to permit the installation of two 30,000 gallons each propane storage tanks on fire department property, 11100 Rockfish Valley Highway, Afton, Virginia, Tax Map #7-A-9B, per site plan dated September 11, 2007. In order to protect the residential uses and Scenic By-way adjacent to the proposed location of the tanks, the following condition is placed on the SUP: The existing vegetative screening on both western and northern property lines may not be removed except for disease and must be maintained at all times. Any trees that are removed because of disease must be replaced. Furthermore, any lighting installation must be submitted to the Planning Department for review and approval.

Commissioner Harman provided the second, and motion passed 5-0, with Supervisor Harvey abstaining.

Board of Supervisors Liaison Report - None

Other Business:
Mr. Boger informed the Board that there are new stormwater management regulations which will present major problems for developers and the County. More information will be forthcoming.

Adjournment

At 8:20 o’clock P. M., Commissioner Tapager made a motion to adjourn, Vice Chair Hunt provided the second, and motion passed 6-0.

Next Meeting: October 24, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF SPECIAL USE PERMIT #2007-007
FOR ROCKFISH VALLEY VOLUNTEER FIRE DEPARTMENT

WHEREAS, Mr. Tommy Harvey, Chief of Rockfish Valley Volunteer Fire Department, has requested a Special Use Permit to permit the installation of two 30,000 gallons each propane storage tanks on fire department property, 11100 Rockfish Valley Highway, Afton, Virginia, Tax Map #7-A-9B; and

WHEREAS, notice of public hearing was published in the Nelson County Times on September 6 and September 13, 2007; and

WHEREAS, a notice to adjacent property owners was mailed on September 17, 2007; and

WHEREAS, the Commission has considered the Planning Director’s report;

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

The Planning Commission recommends to the Board of Supervisors the approval of Special Use Permit #2007-007 for Rockfish Valley Volunteer Fire Department to permit the installation of two 30,000 gallons each propane storage tanks on fire department property, 11100 Rockfish Valley Highway, Afton, Virginia, Tax Map #7-A-9B, per site plan dated September 11, 2007. In order to protect the residential uses and Scenic By-way adjacent to the proposed location of the tanks, the following condition is placed on the SUP: The existing vegetative screening on both western and northern property lines may not be removed except for disease and must be maintained at all times. Any trees that are removed because of disease must be replaced. Furthermore, any lighting installation must be submitted to the Planning Department for review and approval.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0
(Supervisor Harvey abstained)       APPROVED: __________________________
                               CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:               September 26, 2007________