Planning: July 2004

July 2004

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
July 28, 2004

Members Present: Mr. Thomas Bruguiere, Mr. Walter Hoffman, Ms. Emily Hunt, Mrs. Philippa Proulx, Ms. Linda Russell, Ms. Valdrie Walker

Also Present: Mr. Fred Boger, Planning Director, Mrs. Betty Fortune, Planning Secretary

Call to Order: The meeting convened at 7:30 P. M. on July 28, 2004, in the Board of Supervisors conference room at the County Courthouse, Lovingston, Virginia. Mrs. Philippa Proulx presided.

Minutes from April 28, 2004 Meeting: Minutes were reviewed and no corrections were made. Ms. Russell made a motion to accept the draft minutes and Dr. Walker provided the second. Ms. Hunt abstained due to absence at the April meeting. All other Commissioners voted ãYesä to accept the minutes as submitted.

Minutes from June 23, 2004 Meeting: Minutes were reviewed and no corrections were made. Ms. Russell made a motion to accept the draft minutes and Ms. Huntr provided the second. Dr. Walker abstained due to absence at the June meeting. All other Commissioners voted ãYesä to accept the minutes as submitted.

Item #1 ö Rezoning #2004-004 ö Lisa Branch Carter ö 5995 Rockfish River Rd. (Tax Map #62-A-15G)

Mrs. Carter is requesting that a small portion of her property be rezoned from Residential (R-2) to Agricultural (A-1) to allow placement of a single-wide manufactured home for her son. There is already a modular home on the property. Mr. Boger said that with the old zoning in this area of Rockfish River Road, itâs difficult to understand what is A-1 and what is R-2. Staff has no objection to rezoning this to A-1. One neighbor, Mr. Phillips, expressed concern over a putting a single-wide home there, but after talking with Mr. Boger, he was satisfied and had no objection. Ms. Russell asked if 62-A-15E was zoned A-1 and Mr. Boger replied it was zoned R-2 with some flood plain. She then asked if all the lots were zoned R2 and Mr. Boger replied that part of 62-A-15B, all of 62-A-15C and 62-A-17 are zoned M-1. Mr. Bruguiere stated that it would be useless to have anything other than agricultural zoning in floodplain. The zoning is very confusing in this whole area. The applicant was present but had no additional comments.

Public hearing was opened. There were no public comments. The public hearing was closed.

Ms. Russell asked Mr. Boger if the owner of 62-A-15E was notified and Mr. Boger stated that he was. Ms. Hunt didnât feel the granting of this request would interfere with the
harmony of the area and made a motion to recommend to the Board of Supervisors that the rezoning of Carterâs property at 5995 Rockfish Valley Road be rezoned from R-2 to A-1. Mr. Bruguiere provided the second, and Mrs. Proulx corrected the address to Rockfish River Road. All Commissioners responded ãYesä to the vote. The request will be heard at the August 10 Board of Supervisors meeting.

Item #2 ö Reconsideration of Preliminary Subdivision ReviewöCrab Apple Estates ö Jennyâs Creek Road (Continued from June 23, 2004)

Mr. Boger stated that a letter had been received from Jennifer Tuggle of J. Thompson Shrader & Associates, P. C., regarding mineral rights (see file). It is understood that for all sales of property, the owner must be notified of existing mineral rights. The revised plan has decreased the number of lots to 27, increased the lot size to 1+ acre, and provided for individual wells instead of a central water system. The question had been raised about whether the subdivision would be constructed in phases. The only phasing of construction on this project will be as the sewer system becomes available. If the applicant elects to submit plans for the first 15 lots at this time and additional phases later on, the current ordinance might not apply to the later phases. Mr. Boger further stated that the following items have been provided to satisfy the requirements of a preliminary plat:
1)   A topographic map
2)   The approximate total acreage
3)   The approximate location, width, and names of existing or proposed streets
4)   The approximate location of all parcels of land to be dedicated or reserved for public use.
5)   The title under which the subdivision is proposed to be recorded
6)   Proposed provisions for all utilities, including, but not limited to, electric, telephone, water and sewage.
Crab Apple Estates has been reviewed by Staff and the Site Review Committee. Staff feels it complies with requirements for a preliminary subdivision and should be approved.

Ms. Betsie Michael of Terra Development reiterated the changes that had taken place since the first submission. Cul-de-sacs were removed, even though they were VDOT standard, and replaced with a loop road. The final plat will be submitted for the entire project. All requirements have been fulfilled and they were willing to lose some lots due to public concern. Mr. Bruguiere asked if she or Mr. Rutherford could address the information on mineral rights. Ms. Michael said this was something for the courts to decide ö itâs not a preliminary plat issue.

Mrs. Proulx explained why the public hearing was being continued and her desire to keep it brief and to the point of requirements for the preliminary plat. The public hearing was then opened.
   Tom Saunders stated that the five Planning Commissioners are elected by the County and their duty was to do the best for people of the County. He felt the Commissioners were not addressing some important issues. They are the water situation, which has been proven to be unsuitable for drinking, and the mineral rights.   The Planning Commission was asked to check with Phillip Payne (County Attorney) for clarification of the mineral rights issue. In the 60âs a parcel of land on Shady Lane was sold to the County for a substation and mineral rights had to be sold before anything was done. Mr. Saunders is concerned that people may buy homes, deplete their savings, and then, because of the contaminated water there, their kids get sick and medical expenses pile up. They will go to borrow money from the bank and find later that the mineral rights are tied up and theyâre unable to borrow more money. He asked that the Planning Commission again consider these two issues.

With no further comments from the public, the public hearing was closed.

Mrs. Proulx stated that the publicâs concerns were important. The Commission is restricted by what has to be done for approval of a preliminary plat. Mr. Bruguiere commented that he went to the County Attorney and asked if the plat was legal. Mr. Payneâs response was that it was legal and if it goes to court, he has to defend it, so heâs confident in his position. Mr. Bruguiere stated that personally he doesnât like the plan ö he would rather see 2-acre lots and that approving the preliminary doesnât mean the final will be approved. There are hurdles to be overcome on the final.

Ms. Russell made a motion to approve the preliminary plan for Crab Apple Estates, Jennyâs Creek Road based on the plans dated June 23. 2004. Mr. Bruguiere provided the second. Mr. Hoffman voted ãnoä and the remaining Commissioners voted ãyes.ä

Item #3 ö Findlay Mountain Agricultural/Forestal District

Mr. Boger stated that property owners in the Findlay Mountain area had come together to request creation of an Agricultural/Forestal District (ãAFDä) of 868.61 acres. Ms. Julie Hilton is the contact for this group. The conditions of the application were volunteered by the applicants and restrictions placed by them, not the County. They would be enforced by the County, if necessary. Those conditions are:
1.   No parcel within the District shall be developed to a use more intensive than that existing on date of creation of the District, other than uses resulting in more intensive agricultural or forestal production;
2.   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 District renewal (5 years); and
3.   Parcels of land within the District may be sold in 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.

He further stated that property owners can request to be withdrawn from the district after 5 years.

Staff informed the Advisory Committee about a potential problem with the properties at the intersection of Findlay Mountain Road and Rt. 56 (James River Road). This intersection is listed in VDOTâs current Six-year Plan for Secondary Roads. This intersection has been identified as the second worst intersection in the County in need of improvement. The inclusion of parcels 117 and 122D, and possibly 130, may delay any improvement to this intersection if right-of-way acquisition or easements are required.

Mr. Boger reported to the Commissioners that Mr. Johnson has removed his parcels ö 117, 126, 128, 129, 130, 131 ö from the application. Parcel 122D was removed by the Advisory Committee but the owner wants to leave it in. The Board of Supervisors has the right to remove properties from the application since the Board is creating the District.

Mr. Boger stated that Mr. Johnson (via a telephone call to Mr. Bogerâs office from Ms. Hilton) asked to have his parcels removed. Mr. Boger is not sure how VDOT will proceed with road improvements, but they will probably come through parcel 117.

Mr. Bruguiere asked, ãDoes the landowner who adds a parcel near the road have the ability to add that to the AFD?ä Mr. Boger replied that that could be done. Road improvements would have to be approved by VDOT.

Mrs. Russell asked if owners can add to the AFD after VDOT plans the road. Mr. Boger is not sure about that. Mrs. Proulx noted that if an owner subdivided, he/she doesnât have to give right-of-way to VDOT. Mr. Boger agreed.

Mr. Bruguiere asked what the minimum acreage was to be included in a AFD. Mr. Boger replied that the core must be 200 acres; others adjoining can be smaller. Many properties in Snowhill area are agricultural. Mr. Bruguiere asked what the proximity had to be to the core acreage. Mr. Boger replied that it needed to be within a mile ö 3,568 feet by straight line or 4,689 ft. by the road. He also stated that Staff was glad to see this District being created.

Ms. Julie Hilton clarified the map Mr. Boger had shown. Mr. Johnsonâs properties have been withdrawn by him. The proposed District contains organic farming, grazing land, a large area owned by Westvaco and Oak Ridge, and is heavily forested.

Mrs. Proulx opened the public hearing.

Mr. Morris Barrett lives on parcel 122D at the corner of James River Road and Findlay Mountain Road and wishes to remain in the AFD. He contacted Mr. Harry Harris regarding money coming in for road repair. He would like to see a safe intersection there. Ms. Russell asked if Mr. Barrett wanted to become part of the District. He replied that he did. He has 4.79 acres. Mr. Boger stated that VDOT has to notify all owners in the District before a road project begins and then it goes to the Board of Supervisors. Mr. Barrett stated that he didnât want to jeopardize the entire plan. Mr. Bruguiere asked Mr. Boger if Mr. Barrett could join the District at any time. Mr. Boger replied that he can apply next year by June 1. Mr. Bruguiere said he didnât want to hold the project up because of paper work and maybe it would be a good idea to hold off until next June and then add Mr. Barrettâs land back in.

Mr. Boger said he would contact Mr. Wright to see if VDOT has a plan yet for improving the road. If there are plans they may want to realign the entire section and come through Mr. Johnsonâs property for sight improvement. Ms. Russell asked Mr. Barrett what the disadvantage would be of waiting until VDOT puts the road in. Mr. Barrett said he was willing to work with it. Mr. Bruguiere asked what the advantage would be to be in the District. Mr. Boger replied that if someone wanted to rezone, they would have to take that (the AFD) into consideration.

Barbara Cottrell and her husband Clifford live on Snowhill Land. She asked if this District would have any impact on their property. Mr. Boger replied that it wouldnât unless they wanted to rezone later or make a subdivision.

Sam Hughes wanted to identify his property as not being in the District. Mr. Boger showed his property on the map.

Susan McSwain, Chairperson of AFD advisory committee, discussed the potential road work on Rt. 56. County Ordinance Section X 202.F says that a review of the proposals will be done and in advance of any roadwork being done, VDOT will notify landowners. The additional 150 days only comes into play if the Board of Supervisors feel there would be an unreasonable adverse effect on state or local policy. Since the owner of the property (Mr. Barrett) has stated heâs all for the work being done, VDOT only has to notify 3 months in advance. The Board of Supervisors would be the agency to initiate the 150-day period. If the AFD is approved, that item can be further researched before going to Board of Supervisors.

With no further comments being presented, the public hearing was closed.

Mrs. Proulx said she felt Mr. Barrett should be included at this point since he desires to do so. Mr. Boger said a Dutch Creek owner was in the process of subdividing and so far there havenât been any transportation issues in the AFD. Ms. Russell asked if the applicant (Ms. Hilton) wanted a decision tonight and Ms. Hilton said she would like to have a decision. Then they could have further discussion with VDOT. Mr. Bruguiere asked if this would be covered in Board of Supervisors August meeting. Mr. Boger said it must be readvertised, so it would be September or later. Mr. Bruguiere asked if the Commissioners could exclude it now and get VDOTâs input by the next meeting. Mrs. Proulx said they could move to approve it with conditions for VDOT. Ms. Russell said she would like to see a final map thatâs clearer ö with excluded parcels (Mr. Johnsonâs) removed. She asked if the Board of Supervisors approved the District in September without Mr. Barrettâs property and VDOT doesnât need his property, can he apply now. Mr. Boger stated that he could apply by June 1, 2005. Ms. Hilton asked if another fee would have to be paid. Ms. Proulx said the thought the Planning Commission can interpret that heâs included in the fee already paid.

Mr. Bruguiere clarified that Ms. Hilton was the applicant but not the owner of the entire acreage included in the AFD. There are many participants in the application.

Dr. Walker moved to recommend to the Board of Supervisors to approve the application submitted by Ms. Julie Hilton to create a new 831.82 acre (Note: Actual amount is 833.76.) AFD known as the Findlay Mountain Agricultural/Forestal District located along Findlay Mountain Road (Route 647), north from Gleasonâs Gap to James River Road (Route 56) with the condition that parcel 122D be excluded with the understanding that it can be included later if agreement is worked out with VDOT prior to the Board of Supervisor meeting. Mr. Bruguiere provided the second, and all Commissioners voted ãyes.ä

Item #4 ö Addition to the Dutch Creek Agricultural/Forestal District

Mr. Boger reported that through an oversight when the Dutch Creek District was developed, Mr. Andre′ and Christina Scottâs parcel of land was left out. The advisory committee reviewed this and recommended that it be included at this time. Dr. Walker asked if this was an administrative error and Mr. Wright, the contact for this District, said that it was an error on his part. Mr. Scott would have been eager to be included at the time of the original application. Mr. Bruguiere asked this would qualify for land use taxation. Mr. Wright replied that this would not meet the Countyâs minimum acreage requirements.

Mrs. Proulx opened the public hearing. There were no comments. The public hearing was closed.

Ms. Russell asked if Mr. Scottâs property was adjacent to the existing District and Mr. Wright replied that it was surrounded on three sides by the District. Dr. Walker clarified with Mr. Wright how Mr. Scott got left out of the original application. He said it was clearly an oversight on his part ö he was focusing on larger parcels.

Ms. Russell moved to recommend the approval of the addition of Andre′ and Christina Scottâs three acres to the existing Dutch Creek Agricultural/Forestal District. Dr. Walker provided the second and all Commissioners voted ãyes.ä

Other Business: Mrs. Proulx stated that Planning Commissin Bylaws needed to be updated in the near future. She asked Mrs. Fortune to send in next monthâs packets to the Commissioners a copy of the current by-laws and a sample she provided.

Adjournment: With meeting agenda being completed, Dr. Walker made a motion to adjourn at 8:50 P. M. Ms. Hunt provided the second and all Commissioners voted ãyes.ä

Next Planning Commission Meeting: August 25, 2004