Planning: October 2004

October 2004

MINUTES OF THE NELSON COUNTY
PLANNING COMMISSION

October 27, 2004

MEMBERS PRESENT: Philippa Proulx, Chair; Thomas Bruguiere; Michael Harman; Walter Hoffman; Emily Hunt; Linda Russell; Dr. Valdrie Walker.

STAFF PRESENT: Fred Boger

Ms. Proulx called the meeting to order at 7:30 p.m..

Approval of minutes: Motion was made by Ms. Russell to approve the minutes of August 25, 2004, as written.
Second: Ms. Hunt
Vote: 7, yes
Motion passed unanimously.

Motion was made by Mr. Bruguiere to approve the minutes of September 15, 2004, as written.
Second: Mr. Harman
Vote: 7, yes
Motion passed unanimously.

Motion was made by Dr. Walker to approve the minutes of September 22, 2004, as written.
Second: Mr. Harman
Vote: 7, yes
Motion passed unanimously.

Mr. Boger introduced Jim Fulcher of the Central Virginia Land Conservancy (CVLC) to the Commission. Mr. Fulcher is a member of the Planning Commission in Amherst County. He wanted to inform the Commission that the CVLC educates the public about land conservation, assists property owners in preserving land, promotes rural way of life, and researches economic and scientific benefits of various land conservations. In addition to the Cities of Lynchburg and Bedford, they offer assistance to Amherst, Appomattox, Bedford, Campbell, and Nelson Counties.

REZONING #2004-005:

Mr. Steve Crandall of VERDTOGO, LLC has submitted an application requesting rezoning of Tax Map #31-A-48A. This property is located on Rt. 151 and 664. Mr. Crandall is requesting the property be rezoned from the Agricultural District (A-1) to Service Enterprise (SE-1) in order to develop the site for a restaurant/brewery, coffee shop and gift shop. Mr. Boger showed the concept for the property, which showed commercial, residential and open space. The properties will be serviced by individual wells.

Mr. Boger noted is located within the 100-year floodplain and the Comprehensive Plan would have to be amended to permit this area to become a growth area. The applicant will have to show that the property is out of the floodplain or raise it above that level.

Mr. Crandall indicated that he is aware of the floodplain issues and added that the Ski Barn was granted out of the floodplain by FEMA. He also said that he had a soil engineer out to the commercial sites and they were reported to be adequate.

Mr. Crandall explained that he has contacted ten people near or next to this property and said only a few minor concerns were brought up. One of the concerns was the lighting proposed. Nearby residents did not like the height of the lighting at the Ski Barn. Additionally, he was asked that the trees on the property line remain. He explained that the lighting would be different and it is their intention to leave the trees. They also are planning to relocate nursery stock to the buffer areas.

Ms. Russell asked him to apprise the Commission as to which by-right uses he would proffer away. Her concern was that should this property be rezoned to SE-1, that there are many by-right uses, which may not be appropriate for this area. Mr. Crandall said that he has no intention of developing anything else other than what he has presented. He also said that heâs willing to take the list of uses and line out items. Ms. Russell said for him to do that, he has to reapply for conditional zoning.

PUBLIC HEARING:

There were no comments or questions from the public.

Mr. Bruguiere said he believes this is a good project and does not feel the Comprehensive Plan has to be amended. This project ties into tourism, which is wanted. He also said that he believes the applicant does not have any other intention of opening anything other what has been indicated thus far.

Ms. Proulx agreed that the Comprehensive Plan should not have to be amended. She also shares Ms. Russellâs concerns of what else could be done at this location. She indicated that she would not be comfortable without proffers in this situation.

Ms. Hunt agreed with Ms. Proulx and Ms. Russell about the proffers. For instance, she said that if the property is sold, then this situation could become very different than as presented.

Mr. Crandallâs attorney, Samuel Eggleston, III, Esquire, said the Commission is putting his client in a box when thereâs a list of by-right items and then tells the applicant to proffer some away. He explained that the applicant is requesting SE-1 zoning in order to construct this project and further stated that there is no desire, for example, to build a dog kennel; itâs a restaurant/brewery, which is wanted.

Ms. Proulx cautioned the Commission that should the applicant come back at a later time with a different plan other than what heâs intending at this time, the Commission cannot do anything about it if itâs a by-right use.

There was additional discussion about resubmission of the application to include proffers or if proffers could be submitted this evening. After various thoughts were expressed, Mr. Crandall decided that he did not want to withdraw his application and asked that it be voted upon this evening.

Ms. Proulx and Ms. Russell both said they were not comfortable approving this application without proffers. Ms. Russell reminded the Commission of an instance where a property owner passed away shortly after a rezoning occurred.

Mr. Bruguiere said that the application couldnât be denied based on competition and felt that this is the best use for the property. Mr. Hoffman added that competition is good for development.

Motion was made by Mr. Bruguiere to rezone Tax Map #31-A-48A from Agricultural District (A-1) to Service Enterprise (SE-1) to develop the site for a restaurant/brewery/coffee shop.
Second: Dr. Walker
Vote: 4, yes; 3, no (Proulx, Russell, Hunt)
Motion passed.

PRELIMINARY SUBDIVISION PLAT ö GLEN MARY:

Mr. Steve Crandall of VERDTOGO, LLC, has submitted a preliminary plat to subdivide Tax Map #31-A, Parcel 48. The development of these 50.4 acres will be cut into 12 parcels ranging in size from 2.2 to 6.6 acres. A private road will serve the subdivision and approximately 20 percent of the site will be designated as open space.

Mr. Boger indicated that the Commission has already recommended approval of the preliminary subdivision plat.

Mr. Crandall said that the intent is to put covenants and restrictions on the homes in the subdivision for the use of passive solar and reuse of water drain offs to help protect natural resources. He also said the buffer areas will be maintained and owners will not be able to construct in the areas.

PUBLIC HEARING:

There were no comments or questions from the public.

Motion by Mr. Bruguiere to approve the Glen Mary subdivision plat.
Second: Ms. Hunt
Vote: 7, yes
Motion passed unanimously.

FINAL SUBDIVISION PLAT ö JERRYâS WAY:

Ms. Nancy Saunders submitted a final subdivision plat for Tax Map #76-A-67 to be divided into 12 tracts. Mr. Boger noted that the Board of Supervisors granted road and utility easement exceptions to the subdivision standards for this subdivision to be approved. Mr. Boger also noted there is no stream on the property.

Ms. Russell questioned whether or not a plat could be approved which references a stream, which does not exist. Mr. Massie Saunders explained that if a stream were on the property, the builder would have to comply with building setbacks.

PUBLIC HEARING:

There were no comments or questions from the public.

Motion was made by Mr. Harman to approve final plat for Jerryâs Way.
Second: Mr. Hoffman
Vote: 7, yes
Motion unanimously approved.

PRELIMINARY SUBDIVISION PLAT ö BEAVER CREEK:

Mr. Bob Macionis has submitted a preliminary plat to divide Tax Map #71-5-1 into 8 lots ranging in size from 3.10 to 10.32 acres. This property will be served by private wells and septic systems. Preliminary soil work has been done, but is incomplete. The drain fields still need to be located.

PUBLIC HEARING:

There were no comments or questions from the public.

Mr. Boger noted that this subdivision is located in an area of the county that is experiencing a lot of growth.

Motion was made by Ms. Russell to approve the preliminary subdivision plat for Beaver Creek.
Second: Mr. Harman
Vote: 7, yes
Motion passed unanimously.

PRELIMINARY SUBDIVISION PLAT ö WINTERHAVEN PLAZA:

Winterhaven Associates has submitted a preliminary plat for subdividing 13.8 acres into five lots. The property is identified as Tax Map #32-2-3 and 32-2-2A. Mr. Boger explained that the intention is to create duplexes ö one part for residential and one part for business offices. He further commented the septic drain fields should be on the same lot as the building, but on the survey it shows the location on another lot sold to someone else. Mr. Bruguiere said this type of arrangement is not unusual, as it has been done in the past. Mr. Boger also reminded the Commission that this item is not a rezoning, only a subdivision. There are also questions whether or not part of this subdivision is located within the 100-year floodplain.

Mr. Massie Saunders explained that his company has done a detailed study below the bridge on Rt. 151 where theyâve mapped the floodplain. As a result of that study they show a 2-acre lot originally shown as in the floodplain is nearly completely out of the floodplain. It is his opinion the base flood level as shown on existing FEMA maps are an extreme. He doesnât know what the situation will be with these building sites until the study is done. FEMA indicated four years ago if the setting were residential, theyâd pay for the study; if the setting were business; the applicant shall pay.

Mr. Boger reminded the Commissioners in this type of subdivision 100% reserve must be met for each drain field. Ms. Russell inquired if a position has been stated by the Health Department. Mr. Boger said they like to see it on the same lot because you donât know what could happen if it fails. Mr. Bruguiere said there are easements for the drain fields and that the Health Department will not approve it unless itâs right.

PUBLIC HEARING:

Mr. Colin Winter addressed the Commission as his family has purchased the adjoining property and owns the 4-acre scenic easement where the septic fields would be located. They are against the passing of this project and said they are concerned about where this development is going in the future. He said he has attempted to contact the owner at least three times with no success to discuss the project. It is his opinion that the duplexes are being put into too small of an area and is outside the rural character of the area. He further commented that although his family is impressed with Mr. Saundersâ reliability, integrity and honesty, they are concerned about the impact of the raising of the floodplain. He asked if in the future they are flooded due to what they do here, who will be responsible.

Mr. Peter Agelasto joins the property diagonally and stated that 1 acre of this property is designated wetlands by the Army Corps of Engineers. He also said that there are more wetlands than whatâs been identified. In order for any disturbance of the wetlands, he said permits must be obtained and the Army Corps of Engineers must be involved. He suggested the Commission review the deed for the drain field parcel and asked where the location is for the backup. Itâs his opinion that this is the worst site for development in the area and it looks like they want to double the density. He also noted that he attempted to buy a home near this area and couldnât because there wasnât enough land for the reserve area. He also showed a map of pollution potential and said this land is shown as a hot area. He said he doesnât understand what they want to do, whether itâs duplexes, homes or offices, how many, and how many parking areas. He request that enough information be provided so we know what is intended. It looks like a lot of development is being pushed into the area.

After the public hearing closed, Mr. Massie Saunders explained they are not asking for a rezoning or final plat. They are only looking at a subdivision on this land and they still have to put together a site plan for the property. The minimum lot size is 40, 000 square feet and theyâre asking for more. They are also only asking for five divisions and looking at the cluster subdivision, which is what the Commission has been looking for. He stated that the development would not affect Mr. Winterâs floodplain and that the soil tests have been provided to the Health Department.

Ms. Russell asked if the drain fields in the buffer area have been approved by the Health Department. Mr. Saunders said that it is his belief that it has been submitted, but does not know if it has been approved.

Mr. Saunders said the wetlands are on record at the courthouse and he has no additional information of any other wetlands on the property.

Mr. Winters said they do have septic rights, but does not want his rights infringed upon. Mr. Saunders said that Mr. Shipe is just trying to do a by-right development on this property based on the SE-1 zoning. Ms. Hunt asked if they have drain field rights, and Mr. Saunders responded that he believes they do.

Ms. Proulx said that she would like to have legal advise on this particular item. She would like to know exactly what ãon siteä actually means. Mr. Bruguiere said that drain fields are a Health Department issue.
   Motion by Ms. Russell to approve the preliminary subdivision plat for the five lots for the Winterhaven Plaza.
Second: Mr. Bruguiere
Vote: 7, yes.
Motion passed unanimously.

PRELIMINARY PLAT ö HABITAT FOR HUMANITY AND NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATION:

Mr. Massie Saunders, representing the applicants, submitted a preliminary subdivision plat dividing approximately 39.5 acres into 14 lots. The property is identified at Tax Map #77-A, Parcels 206 and 204. Mr. Boger said that it is his belief that this is in compliance with the subdivision ordinance.

Mr. George Krieger explained there isnât a name for this subdivision at this time because they donât own it yet. Theyâll assign a name once the land has been closed on. Theyâre in the process is purchasing it and paying the back taxes. They will also have an agreement drawn up showing the partnership between the two agencies.

PUBLIC HEARING:

There were no comments or questions from the public.

Motion by Mr. Bruguiere to approve the preliminary subdivision for this property.
Second: Ms. Russell
Vote: 7, yes.
Motion passed unanimously.

NON-PUBLIC HEARING ITEMS

SITE PLAN #2004-012 ö PAYNEâS GARAGE:

Mr. Bob Payne has submitted a site plan for renovation of Payneâs Garage on Patrick Henry Highway. This property is identified at Tax Map #64-A-254. Mr. Boger said that appropriate curbing should be done and VDOT has said that the applicant needs a commercial entrance. He further stated that perhaps an E&S plan might be required.

Mr. Payne explained that he only has a 50â right of way and this has always been a big parking lot since 1929. Heâs trying to square the building off and give it a facelift with the showroom addition. He said Polaris wants him to upgrade his facility, but heâs having difficulties with regulations. He explained the problems that will be created if he makes the changes as required by VDOT. If the curbing is installed large trucks/vehicles could not get in for inspection. He asked the Commission to override VDOTâs requirements.

Mr. Bruguiere pointed out that if he doesnât make the upgrades he might lose the dealership. Ms. Russell said that she hopes a compromise can be met with VDOT. There were no objections to the additions, which are shown. Ms. Russell suggested tabling this until VDOT makes their final recommendations.

   Motion by Ms. Russell to defer the site plan review to the November 2004 meeting.
Second: Ms. Hunt.
Vote: 7, yes
Motion passed unanimously.

OTHER BUSINESS

Mr. Glenn Simpson is asking the Commission for comments about dividing a tract of property on Brownings Cove Road in which he has already exhausted administrative remedies for division. He has a buyer who is interested in purchasing 114 acres, which would leave three lots.

Mr. Boger said thereâs a question if heâs going to be required to hook up to water like the subdivision across the street. Ms. Proulx asked if the new owners of the 114 acres desire to divide this lot, how would it be accomplished. Mr. Boger explained that they would have to come before the Commission and Board of Supervisors.

Mr. Bruguiere said he didnât see a problem with this division as it cuts down on the number of lots, which were originally going to be asked for. Ms. Proulx and Mr. Harman also said at this time they didnât see any problems with it. The applicant was reminded that this is just a conversation and they are not approving it at this time.

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Mr. Boger said that St. Maryâs Catholic Church has inquired if the Food Pantry can build another building at their location. Mr. Boger asked the Commission if he could approve it administratively. The building is going to be 1500 square feet. He was told he could approve it administratively as long as there is not a water problem as per Allison Sappington.

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The Commission discussed that due to the hour they will discuss the Planning Commission Bylaws at the next meeting, but did note that ãchairpersonä needs to be changed to ãchairä throughout the document.

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Mr. Boger also handed out comments for review from the Joint Public Zoning Ordinance meeting with comments listed on it. This is a draft paper of comments and responses to be published in the newspaper for citizens.

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This meeting was Mr. Walter Hoffmanâs last meeting as a Commissioner. Everyone thanked Mr. Hoffman for his years of service and wished him well.

It was noted the minutes for September 21, 2004, were missed earlier in the meeting when the others were being passed.

   Motion to approve the minutes as written for September 21, 2004, was made by Mr. Bruguiere.
Second: Mr. Harman
Vote: 7, yes
Motion passed unanimously.
   Motion to adjourn meeting was made by Ms. Russell.
Second: Dr. Walker
Vote:7, yes
Motion passed unanimously.