Planning: February 27, 2008

February 27, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
February 27, 2008

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Harman, Michael Tapager, Emily Hunt, and Supervisor Tommy Bruguiere

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:   Commissioner Hunt made a motion to approve minutes from the January 23, 2008 regular meeting. Motion passed 6-0. Corrections were made to PC work session minutes of February 5, 2008, as follows: Pg. 2 – Findley Findlay Mountain and statement by Mr. Bruguiere – If the owner is cutting off more less than 5 acres, a perc test should be required. Commissioner Harman made a motion to approve the minutes as corrected, and motion passed 6-0.

Exception #6 – Hallie L. & Laverne Allen – Continued from January

[See Minutes from January 23, 2008 for complete background on this request.)

Mr. Boger reported that the applicant has been unable to get permission from the neighbors for widening the right-of-way (ROW) and had notified the Planning office that she wished to proceed with the exception request. The actual width of the current ROW from Adial Road to parcel 30J (TM 33-A-30J) is unknown, but estimated to be approximately 10’.

Commissioner Russell asked if this ROW is the only access to parcel 30D which is a 17 acre parcel located west of parcel 30J and also owned by Mrs. Allen. Mr. Boger didn’t have that information available since it did not affect the 2 acres in question. Chair Proulx said that granting of this exception would have possible future implications if the 17 acres were to be developed with the plan to use this approximate 10’ ROW.

Ms. Laverne Allen, daughter of Mrs. Hallie Allen, said that her mother gave her 2 acres of property and she just wants to get her deed completed and she didn’t understand why the County was preventing that from happening.

Ms. Joyce Sanchez, daughter of Mrs. Hallie Allen, said that the road was existing and being used by other residents. She asked why wider right-of-way is required. Mr. Boger explained that a 30’ ROW to a state maintained road is required by the Subdivision Ordinance effective June 1, 2007. A wider road need not be constructed at this time; however, the 30’ right-of-way will allow future development to be accessed by a road that conforms with County standards. If this ROW had been legally existing, an exception would not have been necessary. Chair Proulx added that if family members would give Mrs. Allen an additional 20’ ROW, an exception would not be needed. This width of ROW is recommended for emergency vehicles, passing traffic, and for safety purposes.

Mr. Boger has talked with Mrs. Allen’s lawyer, Mr. Turpin, who has stated that if other property owners agree, in writing, to the increased ROW, it can be attached to the deed without modification of the plat which has already been prepared by Saunders’ Surveys, Inc.

The public hearing was opened.

Mr. Massie Saunders, of Saunders’ Surveys, Inc, said there is a legal ROW to the property now; however, no widths are specified in any of the legal documents. The ordinance, which changed in 2007, previously called for 10’ ROW and no more than 20’. He added that the 17-acre parcel (30P) previously asked about has other state road access.

The public hearing was closed.

Mr. Boger said that if adjoining property owners will sign off on a 30’ ROW, Mrs. Allen’s plat can be approved without further action. This will also benefit future development in the area.

Chair Proulx reiterated that the applicant can postpone action on the exception request and attempt to get additional ROW approval from other property owners. If this is successful, the exception request can be withdrawn. Mr. Saunders said that Mr. Turpin had indicated there may be difficulty getting other landowners to agree to increase the ROW. Chair Proulx clarified that if this is unsuccessful, the applicant can return to the PC’s next regularly scheduled meeting in March (26th) and proceed with the exception request. Ms. Sanchez, on behalf of her mother, requested postponement of this request.

Site Plan #2008-001 – St. John Baptist Church

Mr. Boger reported that Mr. Massie Saunders has submitted a site plan for construction of a new church building for St. John Baptist Church located on a 10 acre site on Norwood Road (Tax Map #89-A-29). The new facility will be constructed on approximately 1.7 acres of the parcel, and will consist of a building approximately 4,774 sq. ft., to include a sanctuary, classrooms, and fellowship hall. (An earlier plan submitted in 2000 was not acted upon.) An alternative septic system will be required. Mr. Steve Thomas, AOSE, is working on that at this time. The E & S Control Plan has been submitted to Alyson Sappington of TJS&WCD. The church sign will be unlighted and parking lot lighting will be manually turned off and on as needed. The site plan submitted by Mr. Saunders is complete with only soils work and E & S plan approvals pending.

Mr. Saunders, representing St. John Baptist Church, said the soils work was submitted to TJS&WCD in 2001 when the church originally planned to build, and will be resubmitted. The drainfield system will require a drip system unless an off-site location can be found, and a Class 2B well. The drainfield is partially on the property of Ms. Valdrie Walker who will allow an easement for the drainfield.

Mr. Saunders added that VDOT approved the entrance in 2006 and Scott Round, VDOT representative, will look at it again. The lighting plan has been submitted.

Rev. Sandidge and several church members attended the meeting and were available to answer questions. The public hearing was opened and closed, with no comment from the public.
Commissioner Russell said she would like a final signage design submitted to the Planning Director for approval.   She made a motion to approve the site plan, as stated in the following resolution:

The Planning Commission approves Site Plan #2008-001 consisting of 3 pages dated 10/30/07, with page 2 revised 2/19/08, for St. John Baptist Church, located on Rt. 626 in Norwood, Virginia, Tax Map #89-A-29, consisting of a new 4774 sq. ft. facility which will include a sanctuary, classrooms, and fellowship hall, subject to submission of final sign design plan for approval by Planning Director, final approval by the Health Department, and final approval of the E & S Control Plan.

Commissioner Harman provided the second. Supervisor Bruguiere commented that he didn’t think the sign design should be a requirement as long as it meets size guidelines. Commissioner Russell did not change the motion, and motion passed 6-0.

Other Business
1)   Resolution for Zoning Ordinance Amendment – Article 18, Limited Industrial M-1

Mr. Boger reported that the M-1 district regulations is the only one containing a section on “prohibited uses.”   The Board of Supervisors has asked the Planning Commission to consider removing that section and to forward a recommendation within 90 days.

Commissioner Russell noted that fuel storage yards are not allowed in any other district, whereas all other uses are addressed by right or special use in other districts. Mr. Boger said that “open storage” designation may apply in such cases. Commissioner Russell would like to see storage yards added in some other district and expressed reservations whether hazardous fuel storage yards rightfully fall under the “open storage” designation..

Commissioner Russell said she has no problem with repealing Article 18 and would like to see stonework added as a permitted use in the M-1 district. Mr. Boger said the ordinance doesn’t have a definition for “stonework” and this would be difficult to define since “stone work” is a very broad term.

Commissioner Tapager expressed concern that the request came about as a reaction to a particular need. Also, definitions are needed for some of the uses currently in the ordinance.

Commissioner Tapager made a motion to instruct Staff to advertise for March 26 public hearing on this issue. Motion passed 6-0.

Chair Proulx discussed “Uses not provided for” as it appears in the ordinance and stated she would prefer to have it eliminated. Mr. Boger said the Board of Supervisors should request the PC to make a recommendation on this issue. Commissioner Russell said she would like to hear from County Attorney Payne regarding his recommendation regarding “Uses not provided for.” The Planning Commission could then make a recommendation to the Board. Supervisor Bruguiere suggested taking this matter up with the Board after June, 2008 because of other pressing issues.

   2. Further consideration of proposed Subdivision Ordinance amendments – Article 4-4, Water and              Sewer
Mr. Boger handed out a 2nd draft of the proposed amendments which are based on the discussion during the PC work session on February 5, 2008.

After Mr. Boger clarified several points on the draft, Commissioner Harman made a motion to instruct Staff to advertise for March 26 public hearing on this issue. Motion passed 6-0.

BOS Liaison Report – Supervisor Tommy Bruguiere

Amendment to Special Use Permit #96-6 for Verizon was approved in the January meeting.

(There was further discussion on the right-of-way issue brought up earlier in the meeting.)

Adjournment

At 9:00 o’clock P. M., Commissioner Hunt made a motion to adjourn the meeting. Motion passed 6-0.

Next Regularly Scheduled Meeting: March 26, 2008

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
TO APPROVE SITE PLAN #2008-001
ST. JOHN BAPTIST CHURCH

WHEREAS, Mr. Massie Saunders, Surveyor representing St. John Baptist Church, has submitted a site plan for construction of a new 4774 sq. ft. church for St. John Baptist Church located on Rt. 626 in Norwood, Virginia, Tax Map #89-A-29, consisting of a sanctuary, classrooms, and fellowship hall; and

WHEREAS, notice of public hearing was published in the Nelson County Times on February 7 and February 14, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on February 15, 2008; 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 approves Site Plan #2008-001 consisting of 3 pages dated 10/30/07, with page 2 revised 2/19/08, for St. John Baptist Church, located on Rt. 626 in Norwood, Virginia, Tax Map #89-A-29, consisting of a new 4774 sq. ft. facility which will include a sanctuary, classrooms, and fellowship hall, subject to submission of final sign design plan for approval by Planning Director, final approval by the Health Department, and final approval of the E & S Control Plan.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 6-0
                       APPROVED: __________________________
                               CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:               February 27, 2008     ________

Proposed Amendments to Subdivision Ordinance

4-4   Water and Sewer.

Public Water and Sewer.

If any part of a subdivision falls within an area in which the Nelson County Service Authority operates a water and/or sewage system, the developer /subdivider shall be subject to the regulations of the Service Authority for public water or sewer connections, including the extension of public water or sewer lines to lots within the subdivision. The regulations adopted by the Nelson County Service Authority shall govern the construction, easement specifications and requirements for dedication of the same.

Central Water and Sewer Systems.

   Central water and sewer systems shall meet all the requirements of the Virginia Code and the regulations promulgated by the State Water Control Board and the Virginia Department of Health. When a subdivision contains any lot less than one acre in size and the land does not have access to public water and sewer then the developer shall construct both a central water system and a central sewer system. When a subdivision contains any lot of at least one acre, but less than two (2) acres in size, the developer/subdivider shall construct either a central water system or a central sewer system.

Individual wells.

   In subdivisions having lots two (2) acres or greater in size, individual wells may be utilized provided that the developer/subdivider states on the face of the plat that approval of the subdivision plat by the County of Nelson does not certify or guarantee the purchaser the presence of adequate subterranean water to support the purposes of the subdivision (whether residential, commercial or industrial) as no demonstration has been made by the developer/subdivider of the same.

Individual Septic Systems.

   Subdivisions containing lots two (2) acres or greater in size may utilize individual septic systems. Where individual septic systems are used, the developer/subdivider must submit a soil report, prepared by a soil consultant, for approval by the Health Official. The soil report must address the suitability for on site sewage disposal systems for each lot. The soil report shall show the primary drainfield area together with a reserve area equal to one hundred percent of the primary area. The soil report shall be filed as an addendum with the final subdivision plat.
       No subdivision shall be approved where individual septic systems are to    be used until written approval has been secured from the health official. In order to grant approval, the health official, or his agent, shall determine the suitability of soil for use of septic systems with subsurface disposal.

1.   Each system approved after June 1, 2007 shall have another on-site wastewater system reserved for use in the event of failure of the initial on-site wastewater system.
   Each system approved after June 1, 2007, shall have two    approved sites for on-   site wastewater systems, thereby providing    for a reserve in the event of failure    of the initial on-site wastewater system.

2.   In all zoning districts, the reserve on-site wastewater system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site wastewater system.
3.   The location of all on-site wastewater system areas and reserve areas shall be shown on the plat of the subdivision and if pretreatment is proposed for the on-site wastewater system, such proposal must be clearly stated on the plat.
4.   All plats of subdivision and site plans shall contain the following notation: The Virginia Department of Health advises that septic tanks be pumped every three (3) to (5) years to maximize the life of the on-site wastewater system area.
5.   Exceptions to the above provisions:
a.   Family subdivision
b.   The residue lot is larger than twenty acres and no development is anticipated for this lot, then this lot does not have to have an approved septic site shown on the plat. The following statement shall be clearly noted on the plat for this lot: “The approval of this residue lot by the County of Nelson does not certify or guarantee the owner or purchaser the presence of adequate soils to support an on-site wastewater treatment system for any development as no demonstration has been made by the developer/subdivider of the same.”
c.   Subdivisions with lots greater than seventy-five acres in size and the disclaimer statement as noted in item “b” above is clearly showed on the plat. (2/07/08).
b.   Lots greater than twenty (20) acres in size. For such lots,    the plat shall bear the following notation: “Health    Department approval has not been obtained for on-site wastewater systems for [this lot] or [lots numbered-----.”

c.   Existing Systems. Unless otherwise required by law, existing wastewater systems need not be shown on subdivision plats.


Alternative Waste Treatment Systems.

   Where an alternative waste treatment system is to be used, the developer /subdivider shall provide to the Governing body documented proof that the soils and parent materials are satisfactory to the Health Official, and shall obtain approval of the alternative waste treatment system from the appropriate state agency, including the State Water Control Board and the Health Department. Such documented proof and approval shall be filed as an addendum with the final subdivision plat.