Planning: September 2004

September 2004

Nelson County Planning Commission
Meeting Minutes
September 22, 2004

Members Present: Mr. Tom Bruguiere, Mr. Michael Harman, Mr. Walter Hoffman, Ms. Emily Hunt, Mrs. Philippa Proulx, Ms. Linda Russell, Dr. Valdrie Walker

Also Present: Fred Boger, Planning Director, Betty Fortune, Planning Secretary

Call to Order: The meeting was called to order by Chair Proulx at 7:30 P. M. Minutes from the July 28, 2004 were reviewed. Ms. Linda Russell made a motion to correct the date of Crab Apple Estates preliminary plat from April 15, 2004 to June 23, 2004. Dr. Walker provided the second and motion passed 7-0. Review of minutes from the August 25 meeting was postponed until the September meeting. There were no objections.

Old Business -Renewal of Application for High Country Associates (HCA), LLC for Rezoning and Amendment of Wintergreens Master Plan

Mr. Boger reported that at the request of Commission members he consulted with the County Attorney, Phillip Payne, regarding questions raised at previous hearings.
   Transfer of development rights from one category to another in the Master Plan requires approval from the County.
   Proffers can be modified if they are for clarification of a technical issue or if they are more restrictive.
   The assisted living cannot be separated from rezoning request and proffer.

Mr. R. C. Carroll from HCA thanked the Commission for consideration of this request and made two additional proffers. They were:
   Subject to the understanding between Phillip Payne and Stuart Sadler to the effect that a more restrictive proffer will not require the re-advertisement of the application for rezoning, this Proffer is made in addition to the Proffers made at the August 25, 2004 meeting of the Planning Commission. High Country Associates, LLC further proffers that there shall be no gas station or any related commercial operation which offers for sale gasoline or other motor fuel allowed in the proposed 29+ acre addition to the Wintergreen Master Plan.

HCA hereby proffers that the development of the subject properties of
this application shall be in strict accordance with the conditions set
forth in this submission.
   Subject to the understanding between Phillip Payne and Stuart Sadler to the effect that a more restrictive proffer will not require the re-advertisement of the application for rezoning, this Proffer is made in addition to the Proffers made at the August 25, 2004 meeting of the Planning Commission. High Country Associates, LLC further proffers that (a) no residential building constructed on the proposed 29+ acre

addition to the Wintergreen Master Plan shall contain more than twelve (12) mid-rise residential units nor exceed three stories above grade or 52 feet in height and (b) no more than four (4) mid-rise residential buildings may be developed on such property. The balance of the residential units to be developed on this property shall be constructed in smaller single family or multifamily buildings, which shall not exceed two stories above grade in height. The terms ³stories above gradeÅ and ³building heightÅ shall be construed in accord with the definitions contained in the BOCA National Building Code.

HCA hereby proffers that the development of the subject properties of this application shall be in strict accordance with the conditions set forth in this submission.

Ms. Proulx asked about the building height of 52 ft. Last month it was stated that it would be from lowest point. The proffer now states ³above grade.Å Mr. Carroll stated that any residence built would be limited in height, and the number of units and buildings would also be limited. Ms. Proulx also asked who would approve the house design if individual lots are sold there. Mr. Carroll said that before closing, HCA could approve. After closing, Architectural Review Board (ARB) would approve. Mr. Bruguiere questioned whether HCA would have a builder construct the dwellings for HCA or if they would sell the lots only. Mr. Carroll said that had not been decided at this time.

Ms. Proulx is concerned about timeshare which hasnt been addressed by HCA. Mr. Carroll said that at this point they are not considering timeshare, but they will look at the impact it would have on the Master Plan. The timeshare covenant was put in in 1984 and restrictions were put on all property owned at that time. Ms. Russell stated that short-term rentals havent been disallowed in the Valley, but have not been encouraged.

For clarification, it was stated again that the application must be considered in its entirety as an up or down vote Ã senior living and rezoning. If the entire thing is approved, the Master Plan will come back for change. Mr. Boger said that the Master Plan can be changed to include proffers.

Mrs. Proulx is concerned about the level of density in the location and timesharing and what it would do to property values. Mr. Carroll responded that there are many timeshares around the country and they provide a large amount of cash flow. Wintergreen is a great place for people to come and if timeshares are offered, they would be done tastefully.

Ms. Russell said that Wintergreen was developed under a set of covenants and HCA seems to be unwilling to attach to these covenants to the proposed annexation. Her concern is for the people on Rt. 151 and Wintergreen and what short-term rental would mean. In particular, lots of traffic, lights, and intense use of facilities which are stressed right now. Mr. Carroll agreed, but stated they dont know about timeshare at this time. Nellysford is in the flood plain, so lots of land is lost and will not result in commercial growth.

Ms. Russell stated that the problem is that Mr. Carroll doesnt know what the entire plan is and neither does anyone else. There was a defined limit when they bought into Wintergreen, a balance of services. Mr. Carroll said that things change; the days of buying and thinking no one

is coming are gone. There are fewer development rights allowed in Wintergreen now than under the Master Plan of 30 years ago.

Mrs. Proulx thanked Mr. Carroll for the proffers. Mr. Bruguiere has a problem tying the two applications together. The assisted living may be important for Nelson County. Ms. Hunt asked how assisted living taxes the county in services. Mr. Carroll said the rescue squad is separate for Wintergreen and Nellysford and is self-sustaining. There is no burden on the County. The fire department has paid personnel and volunteers. Paramedics and EMTs are paid.

Dr. Walker has a density concern as well as the citizens concern about disclosure. She asked if people would be likely to buy if they knew an explosion would be happening around them. Mr. Carroll responded that change is happening all around. They can control this by putting density in one place and leaving woods and forests as they are. Mr. Bruguiere said that growth has been desired in Nellysford and this was an opportunity for that.

Ms. Russell stated that this area is not designated for commercial use in the Comprehensive Plan. She would like to see commercial taken out. Of the three pieces HCA owns that are in Nellysford, two are undeveloped and could be used for this purpose. If this was strictly residential, she may have a different point of view.

Mr. Boger said the County Attorney said timeshare has the same right as a full-time residence.

Ms. Russell said she was sorry that the Planning Commission had to consider this as one piece. Senior living is needed, but the density is too high for the other.

She made a motion to recommend to the Board of Supervisors denial of the application with proffers on the basis that it does not comply with the Comprehensive Plan, it is not compatible with the neighborhood, the type of housing is not desirable, the impact on the environment, and the fact that there are no answers about what the project will look like at completion. Its highly speculative. Mr. Hoffman provided the second. Six Commissioners voted ³YesÅ and Mr. Bruguiere voted ³No.Å

Mr. Carroll asked Commissioners to give their reasons for denying the application. Responses were:
Mrs. Proulx Ã The density is inappropriate with surrounding area. Concerned about timeshare.
Mr. Hoffman Ã Feels he represents the district citizens live in and the people dont want it. He suspects there will be traffic problems and water restrictions may be needed.
Mr. Harman Ã Timeshare, density, height (52), review by citizens association. Application would be better separated into two parts.
Ms. Hunt Ã Application should have been separated, the plan is vague, height and density are concerns. Its not compatible with the Nellysford area.
Dr. Walker Ã The joining of the 2 issues was not a good idea. Concerns are for further development, height of buildings, entire plan not clear enough.
Mr. Carroll again thanked the Commissioners for their time and consideration.

Special Use Permit #2004-004 Ã John Wayne Goines

Mr. John Wayne Goines is requesting a Special Use Permit (SUP) to place a double wide manufactured home on his location at 2151 Afton Mountain Road. The property is zoned Residential, R-1, and a SUP is required to place this type of home on a site in the R-1 district.

Ms. Doretha Goines, sister of Mr. Goines, has Power of Attorney and represented Mr. Goines. She told of his physical condition and the deteriorated condition of the house he currently lives in. It is 125 years old and would cost approximately $30,000 to fix to liveable condition. The double wide home would give him a safer, more comfortable home to live in.

Ms. Russell had visited the property. The house and two sheds are on the property. It hasnt been determined whether the setback requirements can be met. Ms. Goines said that well and septic will have to be provided. There is a septic system there, but it needs to be replaced. The drain field is on someone elses property. Mr. Boger said that after the application is approved by the BOS, they have 1 year to exercise the SUP.

The public hearing was opened with no comments. The public hearing was closed.

Mrs. Proulx said she had no problem approving the SUP. An improvement in his living conditions needed to be made. Ms. Goines said the water comes from gravity out of the mountain. When its dry in the mountain, there is no water. When it freezes, theres no water. Mr. Bruguiere asked for the square footage of the house and Ms. Goines said it was the same as the present house Ã 100 from the driveway to the house, 75 from the house to the shed, and 40 on the back of the house. Mr. Bruguiere said that maybe Curtis Bruguiere could help with the measurements.

Mr. George Krieger of the Nelson County Community Development Foundation said he will work with Mr. Goines to provide the well and help with the septic.

Mr. Bruguiere made a motion to approve the SUP for Mr. Goines. Dr. Walker provided the second, and motion passed 7-0.

Conditional Use Permit #2004-004 Ã Clay and Gerri Stewart

The Stewarts are requesting a Conditional Use Permit to build rental cabins overlooking the Tye River which could be used by campers, fishermen, etc., similar to a summer camp. Two to five cabins are planned for this area.

Mr. Boger stated that there are concerns about the floodplain on the property. A surveyor would need to determine the base flood elevation. His recommendation is to withhold approval until this is determined. There are also issues with the septic permits, road entrance and erosion and sediment control plan. (See file.)

Mr. and Mrs. Stewart spoke on their behalf and asked that the Commission not make a decision until they had time to get the needed documentation. They feel the issues can be addressed if given the time to do so. Mr. Stewart asked whether a complete survey would be needed or a site plan, which is going to be done anyway. Mrs. Stewart questioned why a road would be needed

for VDOT standards. Their plan for building these rustic cabins is to keep the area a natural as possible. Mr. Boger said that the surveyor would address the road issue with VDOT.

Mrs. Proulx asked the Stewarts if they would like to withdraw the application and resubmit it with a waiver of the fee. The Stewarts said that is exactly what they would like to do.

The application is withdrawn and the Conditional Use Fee will be waived when they reapply.

Consideration of Preliminary Subdivision Ã Timothy and Lori Beth Masters

Mr. Massie Saunders, representing the property owner, has submitted a preliminary subdivision plat to divide approximately 111.627 acres into 23 lots. The property is located on Morse Lane approximately 0.2 miles east of Thomas Nelson Highway (Route 29).

There were several items missing on the plat Ã location of open space and common use property, the dry hydrant, and road construction plans. VDOT has stated they have no problem with the entrance.

Mr. Saunders asked why the dry hydrant is needed on the preliminary. There are two streams on the property and water is available for the dry hydrant. It will be shown on the final plat.

Mr. Boger noted that the planned cul-de-sac has a 60 radius which is more than adequate. Mr. Saunders said that due to the terrain, a loop road wouldnt work here. There are three ridges and a loop road would have to have lots fronting on both roads because of the depth of the lot. The cul-de-sac is the best way to keep from destroying any more land than needed.

Access to lot 23 will be served through lot 22. The easement shown is for electricity. Lots 22 and 23 will be divided through a one-time family subdivision; therefore, Lot 23 does not have to front on a road. An all-weather road will be developed to the creek with the dry hydrant and then a turn-around which will be shown as easements on the property. Either a pond or reservoir will be developed to capture water.

The public hearing was opened with no comments. The public hearing was closed.

Mr. Bruguiere made a motion to approve the preliminary subdivision plat for Timothy and Lori Beth Masters. Ms. Russell provided the second. Motion passed 7-0.

Request to Subdivide Ã Nelson County Community Development Foundation

Mr. Massie Saunders, representing Nelson County Community Development Foundation (NCCDF), submitted a preliminary subdivision plat dividing 5 acres into two 2.5 acre parcels. It is identified as Tax Map #77-9-1. All items have been provided for the preliminary plat except the soil work. Erosion and sediment control evaluation may be required.

Mr. Saunders pointed out that preliminary soil work was done earlier when it was a 5-acre lot and there is no problem with the drain field on the property.

Mr. George Krieger, speaking for the Board of Directors of NCCDF, stated that they acquired the property about 4 years ago. This will be rent-to-own property.

The public hearing was opened with no comments. Public hearing was closed.

Mr. Bruguiere made a motion to approve the preliminary plat, Ms. Russell provided the second. Motion carried 7-0.

Mr. Krieger expressed appreciation to the Commission for their untiring efforts on the proposed zoning ordinance.

Consideration of Preliminary Subdivision Ã Nelson Habitat for Humanity

Mr. Massie Saunders, representing Nelson County Habitat for Humanity (HFH), has submitted a preliminary subdivision plat to divide 5.612 acres of land into 4 lots. The property is located on St. James Church Road, approximately 0.3 miles west of Route 151. The property is zoned Agricultural, A-1, and is identified as Tax Map #64-A-164.

The requirements for a preliminary plat have been met, with the exception of provision for the utilities. The lots will be served by public sewer and private wells. Power is located on the property and easements should have been acquired by the electric company. Mr. Saunders stated that the easements are probably already there. He will verify.

Mr. William Shade, also representing HFH, said that the reason for asking for this subdivision is that they have received a ³capacity-filledÅ grant from the State and can get help with water and sewer. The lots must be identified in order to get the State funding. Some of these lots may be sold for larger houses.

Mr. Harman asked if there would be problem with joint driveways and Mr. Shade assured him there would not be. Mr. Saunders said the driveways would probably be between lots 1 and 2 and 3 and 4 with 30 easements.

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

Mr. Bruguiere asked about the quality of the water. Mr. Shade said that the water doesnt smell good in this area, and Mr. Krieger is working with a filtration system which has been successful at 108 St. James Church Road. Part of the grant will be the grinder pump and water filteration system and well. County water is not available at this time.

Ms. Russell made a motion to approve the preliminary subdivision plat for Habitat for Humanity on St. James Church Road. Dr. Walker provided the second.

Mr. Bruguiere asked if they would be building houses to sell. Mr. Shade explained the process by which a homeowner applies and is granted the occupancy of the homes. There are now eleven (11) Habitat homes in the County.

The motion passed 7-0.

Consideration of Preliminary Subdivision Ã Tatum Saunders

Mr. Massie Saunders, representing Mrs. Tatum Saunders, submitted a preliminary subdivision plat dividing 32.95 acres into fourteen (14) lots. The property is located on Loving Drive and identified as Tax Map #65-A-1B. Staff has reviewed the plat and finds it to be complete. There will be a private road which will need to be constructed to County standards with a bond posted before the final plat is signed.

Mr. Saunders stated that VDOT has reviewed the road plans and forsees no problem. A dry hydrant is not needed.

The public hearing was opened with no comments. The public hearing was closed.

Mrs. Russell made a motion to approve the preliminary subdivision plat for Tatum Saunders, Mr. Harman provided the second and motion passed 6-0. (Mr. Bruguiere was absent from the room at the time of vote.)

Request to Subdivide Ã Edgewood Park, Lot 5

Mr. James Koschara submitted a preliminary plat to subdivide Lot 5 of Edgewood Park into two lots. Previously on January 1, 1999, lots 5 and 16 were combined into one parcel. Mr. Koschara wishes to go back to the original lots. The property is located at the end of Graywinds Lane.

Mr. Boger reported problems with the plat. A portion of the property was sold at the beginning of 2004. Now both property owners need to be involved in making this change. The new property owner must sign off on the plat.

Mr. Koschara, the applicant, stated that he had owned this property for 28 years and had lived on Lot 5. When Lot 5 was sold in early 2004, Mr. Tom Berry, Attorney at Law, was hired to handle the paperwork. The plat was not recorded at that time.

The plat, once amended with both property owners names, would also need to show a cul-de-sac, the road name and the power location. The septic field has been approved, the lot size is big enough to meet standards. Its not in the flood plain.

The public hearing was opened.
   Mr. Howard Ellis, speaking for 18 residents, stated there were issues with covenants, true ownership of the property, and feels there is subterfuge on the part of the applicant to create a building site. He asked if this application could proceed even though Mr. Koschara is not the owner.

The public hearing was closed.

Mrs. Proulx gave Mr. Koschara three options: request a vote by the Commission tonight, request that the Commission defer action for a month, or withdraw and bring the plat back as a final. Mr. Koschara stated that he chose to withdraw at this time and bring the plat back as a final plat.

Other Business

Follow-up to the zoning ordinance public hearing was discussed. Mrs. Proulx shared Mrs. Connie Brennans plan and recommended responding in public fashion. Mr. Bruguiere suggested waiting until the first of the year and then look at both ordinances Ã old and new. Mrs. Proulx doesnt agree, and suggests that the Planning Commission meet and make recommendations to the Board of Supervisors.

Ms. Russell asked what the time frame is for responding to citizens and whether the ordinance could be approved as written and then readdressed. Mr. Bruguiere feels we need to have a completed document before its adopted. Mrs. Proulx said the Commission will proceed with responses and talk with Mrs. Brennan about how these are to be communicated to the public.

Mrs. Proulx reminded the by-laws committee that hopefully we will be able to discuss revisions at the October Planning Commission meeting.

Adjournment

At 9:45 P. M. Ms. Russell made a motion to adjourn, Ms. Hunt provided the second and motion passed 7-0.

Next Planning Commission Meeting Ã October 27, 2004