Planning: February 23, 2005

February 23, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
February 23, 2005

Present: Mr. Thomas Bruguiere, Mr. Michael Harman, Ms. Emily Hunt, Mrs. Philippa Proulx ö Chair, Ms. Linda Russell, Dr. Valdrie Walker

Staff Present: Mr. Fred Boger and Mrs. Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. She announced sign-up procedures to the audience.

Approval of Minutes:
   The minutes from the December 22, 2004 public hearing were reviewed. No changes were made. Ms. Russell made a motion to approve them, Ms. Hunt seconded the motion, and motion passed 6-0.
   Two corrections were made to the minutes of December 29, 2004: (1) Page 3, Item 7, addition to the last sentence - ·Conditional Use Permit by the Board of Supervisors. (2) Page 10, 1st paragraph, addition to approval sentence ö Mr. Bruguiere made a motion to approve the preliminary plat for Paul and Bonny Musgrave and to give Mr. Boger the authority to approve the final plat, · Ms. Russell made the motion to approve the minutes, Valdrie Walker seconded the motion, and motion passed 6-0.
   No changes were made to the minutes of January 5, 2005. Ms. Russell made the motion to approve, Ms. Hunt seconded the motion, and motion passed 6-0.
(A brief notice has been placed in the file regarding the January 26 meeting which was not held due to lack of quorum.)
   No changes were made to the minutes of February 2, 2005. Ms. Russell made the motion to approve, Mr. Bruguiere seconded the motion, and motion passed 6-0.
   No changes were made to the minutes of February 9, 2005. Ms. Russell made the motion to approve, Mr. Harman seconded the motion, Ms. Hunt abstained, and motion passed 5-0.

Final Subdivision ö Glenn & Charles Simpson Property
Mr. Boger reported that Glenn Simpson has submitted the final subdivision plat to divide 140.884 acres into three lots of 16.288 acres, 9.496 acres and 115.00 acres. The property is located east of the intersection of Laurel Road and Brownings Cove ö Tax Map #69-A-17E. The soils report has been approved by the Health Department for parcels C and D. The subdivision ordinance requires a perk test of all lots, which would include parcel E. He stated further that map note #11 needs to be deleted because this subdivision is not exempt from the subdivision requirements and map note #10 requires revision to reflect the correct setbacks. Utility easements must be shown for each lot and an entrance permit will be required from VDOT for each lot, prior to construction of a driveway. Either an E&S plan will be required or an agreement in lieu of a plan will be required before any land disturbing activities commence on each lot.

Additional information had been brought to Mr. Bogerâs attention concerning a contract on part of this property. There had been signed contracts on the 115 acres for two parcels of land instead of one. The plat submitted to the Planning Commission, however, shows one parcel. The prospective buyers cancelled the contracts, so this is no longer a problem. Itâs unclear whether one or two perk tests would be needed and the PC must be clear about whatâs being approved ö one or two parcels.

Ms. Russell asked if anyone had given authorization to waive the soils work and Mr. Boger stated that the Health Department requires the soils work which has been done on two of the parcels. The PC can recommend approval subject to soils work being completed.

Mr. Glenn Simpson stated that the contract Mr. Boger referred to has nothing to do with the plat being submitted today. Mr. Rice (Health Department official) told him he did not have to get a perk test on the 115 acres. The perk test permit was given to the potential purchasers. Further, Mr. Simpson has a letter from David Johnson of VDOT stating that all driveways have been approved and revisions will be made to the plat as Mr. Boger has instructed.

Ms. Russell noted that the letter from Mr. Rice does not say a perk test doesnât have to be done and the letter doesnât indicate soils work does not have to be done. There has been a perk test on the other two lots. Mr. Simpson said that the right-of-way for the power is on the corner lot. When it was sold, Mr. Simpson retained the right-of-way for power from the corner lot to his property. Ms. Russell stated that the plat note shows side yard setback of 10â from one property line and 25â to another. That must be corrected to show a total of 25â. She asked if Mr. Simpson had a sale for parcel E. He did have a sale for the entire parcel.

Mr. Bruguiere asked why/how the Health Department did the perk test before the soils work and Mr. Boger stated that special permission was given in Tom Eickâs absence. It had been reported first that no houses would be on the property. Mr. Simpson did have two signed contracts for the 115 acre parcel, but that has been cancelled. He stated again that the real estate contract has no bearing on the approval requested at this time.

Mrs. Proulx opened the public hearing.

Lucy Colby. Ms. Colby, along with her partner Edwin White, had two separate contracts for two separate parcels which make up Mr. Simpsonâs 115 acre parcel. Mr. Simpson was aware of their requirements, and because of being unable to give them the plat as requested, the contracts have been terminated after five months of negotiations with Mr. Simpson. Before the contracts terminated, however, there was no clear property line on the plat. They had told Mr. Simpson there had to be two lots, not one, and that they must be clearly shown on the plat. She stated that Mr. Jimmy Wood, real estate agent, had told her for the first time on February 23 that a perk test had been done on the 115 acres. They cannot convey a clear title to the property under the present conditions. There have been many inconsistencies in dealing with Mr. Simpson. He had told Mr. Boger they were not going to build on the property and they were. She thanked the PC for their time.

The public hearing was closed.

Mr. Simpson stated that the issue with Ms. Colby will be a legal dispute. The perk test receipt was given to them. The property was clearly marked on January 13 ö metal T-posts were driven every 100 feet on the property line. He went to extra effort to get power easements. He requested the perk test and gave them the receipt because they couldnât get it on their own. He asked the PC to consider what has been submitted.

Mr. Bruguiere asked how the power would get to parcels D and E. Mr. Simpson said the deed shows a reserved right-of-way. On Parcel E the Simpsons are hoping for underground service. Mr. Boger said the easement is usually the property line and that they must be shown on the plat. Mr. Simpson has the option of requesting a postponement of the review at this time.

Mrs. Proulx stated that the PC has reservations about the corrections to be made and that Mr. Simpson can request postponement or the PC can vote. Mr. Simpson said he thought everything had been done. Mrs. Proulx said the concern is getting the plat in compliance.

Mr. Simpson asked for a list of what is needed. He was told: setback note corrected, easements/utilities shown, and soils work documentation. He asked that Mr. Boger send him a letter stating the items to be corrected and he requested a postponement to the March meeting.

Rezoning #2004-006 ö Afton Service Center
Mr. Boger reported that Mr. Tommy Harvey is requesting to rezone approximately 1.509 acres of land from Residential, R-1, to Business, B-1, to be used for storage of vehicles for the Afton Service Center (ASC). In April of 1997, a subdivision plat was approved to add .907 acres to Tax Map #6-A-28. In May of 1997 the BOS approved the rezoning of .907 acres of land from Residential, R-1, to Business, B-1, to permit the applicants to build a new service building behind the existing structure and, once completed, the old building would be removed. The site plan for the new ASC was approved by the PC. In February 2001 the BOS approved a rezoning of .491 acres fromR-1 to B-1. The new storage area was to be enclosed with a chain link fence and evergreen screening at the rear. The required chain link fence was not installed, but a row of evergreen trees was planted along approximately half of the rear property line of parcel 2. The Planning Office received a written complaint of violation of screening, required enclosure, and expansion into the R-1 district. In November 2004 a notice of violation was sent to the applicant concerning the screening of the storage yard. One way to correct the violation would be to rezone to B-1 and totally fence in the enclosed area. Mr. Boger prefers not to make a recommendation on this issue.

Mr. Tommy Harvey stated that he owns the ASC along with his wife. It was built in 1960 and he began running it in August of 1974. The business has grown over the years. Additional rezoning was requested and received in 1997 and 2001. The request was for space to expand the business; not to expand just the car area. Getting rid of junk cars is difficult. If a person brings in a vehicle that canât be repaired, they have the option of bringing in the title and having the Center dispose of the car. Many abandoned cars are also stored there. The ASC is important to the County. It grosses about $2 million and pays about a half million dollars in taxes. Their payroll is over $200,000 a year.

Mr. Harvey made the following comments to clear up some misunderstandings in the community:
1)   He does not own land behind the property for which a rezoning is requested.
2)   There is no excess oil on the land. The DEQ has done several inspections and found no more oil on the property than a person would find in their personal driveway.
3)   Theyâve had plans to do the fence for some time, and the delay was financial. He has been trying to get insurance for his employees which has proven to be expensive. It seems no problem started until they started planting the trees.

Mr. Harvey wants to move some cars to the back. The dump trucks pay about half a million dollars in taxes and employ 5 people. Mr. Harvey stated that no adjacent land owners oppose the rezoning. Only two complaints have been heard since heâs been there. He has a letter from a person living nearby who does not oppose the rezoning. He showed pictures of all the adjacent land with views from all sides.

Mrs. Proulx opened the public hearing.

Jim Gates lives and works in Nelson County as a builder and patron of ASC. The location is convenient for travelers and a great convenience to the neighborhood. Expansion of ASC would be good and helpful.

Ronnie Quick is an adjacent property owner. Mr. Harvey conducts business when itâs convenient for travelers, gives jobs to County people, and provides for their livelihood. He has no problem with the rezoning. Itâs a lengthy process getting rid of cars.

Charlie Marckel has lived behind ASC since 1968. In 1977 landscaping was planned to obscure the business from the community. This was repeated in 1997. Now here in 2005, 28 years later, there has been no planting that protects the community. The road is obscured, but people travel by it every day. He has no objection to the rezoning if itâs done properly. Before rezoning, planting needs to be completed. He has no objection to expanding the business, but Mr. Harvey is obligated to comply with zoning laws. He invited the PC to come over and sit in his front yard to get a good view of the ASC.

Amy Moyer is opposed to the rezoning application. As a Supervisor, Mr. Harvey should have been aware of the regulations and should have asked for rezoning prior to using this residential property. This has been a blatant disregard for the process and has had a detrimental impact on the area. Property values will suffer. She asked that the request be denied.

Georgia Moyer ö (Statement is attached.)

Harry Baum ö (Statement is attached.)

R. B. Morris stated that the BOS room needs a PA system, then added that the PC should look hard at this request and should approve the rezoning.   The community built around the ASC, and Mr. Harvey has helped others in the community by volunteering at the fire house, rescue squad, etc. The dumpsters that were put on his property were a real problem. Landowners are going to look at replacing all the folks on the PC and Mr. Boger. Mr. Harvey hasnât followed all the rules, but this zoning should be approved.

ãBoä Zirkle owns land adjacent to Tommy Harvey. The subdivision built around the station, not vice versa. Tommy Harvey hasnât done everything right, but people with a problem could go and talk with him. The dumpsters were the biggest problem. Trash blew in peoplesâ backyards. If the adjacent property owners donât have a problem, others should leave it alone. As long as Mr. Harvey does it half-way right, the rezoning should be approved.

John Pugh has lived on Tanbark for 40+ years. Since Tommy Harvey bought the station it has improved. On weekends, 6 or 7 cars are pulled off Interstate 64.   There is no junk yard. Mr. Harvey has 3 or 4 wreckers and men working for him. Mr. Pugh got a call wanting him to sign a petition about oil being in the ground. He went to the lot to see how much oil there was. Mr. Harvey has worked for the fire department all his life and knows what it takes to keep the environment clean. Heâs a good neighbor, a good man, and supports the people and Nelson County. He needs the land to grow his business and has spent $35-40,000 to try to keep people happy. Mr. Pugh asked if this situation was political.

June Baum lives on Tanbark and opposes the rezoning. Storage of inoperable vehicles is an eyesore. Some have shrubs growing out of them because theyâve been there so long. The vehicles come and never leave. This area is visible from Rt. 151, from the subdivision (side and rear). She lives ² mile down the road and has to pass it every day. The definition of storage of vehicles is not correct ö this is a graveyard. She asked that the PC save the area and the property values. If vehicles could be processed off, it would be more acceptable. She asked the commissioners if they would want this in their neighborhood.

Carlton Ballowe lives in Faber and has interests in commercial property down the road from ASC. He supports the request for rezoning. The business is already there ö itâs a matter of degree. He wishes other businesses had the same problem: growing pains. This is a good opportunity for the PC to show that they are ãbusiness-friendly.ä

Linda Cook lives beside Mrs. Baum and is a lifelong resident of Nelson County. She is not offended when a lucrative business wants to expand. Mr. Harvey has gone above and beyond the requirement to plant trees. Everyone is responsible for these cars ö we wreck, abandon, etc. She was asked to sign a petition. When she declined, the conversation turned to a different matter. Everyone is entitled to their own opinion. Mr. Harveyâs request is reasonable. Heâs completely encased the area in fence and new trees will also be planted. She asked that the PC not stop the business from growing.

Mike Cook retired on 12/17. Since that time, all he hears is ãjunk cars,ä ãWhatâs Tommy going to do tomorrow?ä, etc. Mr. Harvey needs some good publicity like the fact that his business is growing. Mr. Cook is in favor of the rezoning.

Donna Rodes is an employee of ASC. The issue seems to be junk cars. Mr. Harvey doesnât want them either! The process is that heâs called by the State Police for vehicles wrecked or abandoned on Interstate 64. Someone has to get them. No one wants them. He pays his employees $25 extra to go and get them and then has to pay someone to crush and take them away. The rezoning is needed. There is an incredible amount of business that goes on there. Mr. Harvey is a great person and tries to do the right thing. He has six mechanics in a5-bay garage. The expansion would allow him to give better service.

Angela Robinson shared photos taken of the ASC and surrounding area. She resides in Nelson County ö her family lives behind ASC. She quoted information from Mr. Bogerâs October 2, 2001 and March 15, 2002 letters (see file). A junkyard needs industrial zoning classification ö an automobile graveyard, class C, is ãany lot or space which is exposed to the weather and upon which more than five (5) vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative are located.ä The PC needs to be consistent. If one person has a junk yard and is in violation of automobile graveyard, class C, and you consider Mr. Harveyâs station ãstorageä, thatâs inconsistent. Mr. Harvey has little regard for regulations. On April 14, 1997 he said he would plant pines to separate the residential area from his business. In 1988 Jason Harvey was cited for operating his hauling business out of ASC illegally. (Mrs. Proulx asked that Ms. Robinson address Tommy Harveyâs situation only.) In January, 2002 Mr. Harvey said he would put up a fence and screen. As of 2004, there was no fence or trees. She did meet with Mr. Harvey in November, 2004. At that time he said he wasnât going to put up a fence. She asked the PC how they would like to have this for their view in their neighborhood.

David McGann is owner of McGann Well Drilling. If his wifeâs car breaks down, Tommy Harvey comes to the rescue. He doesnât see the problem. The fence and trees are there. If people on the mountain road think the scenery is bad, they donât have to ride by. He approves the rezoning for the help of those trying to make a living.

Clay Robinson is the husband of Angela Robinson. He has never met Mr. Harvey, and recognizes that he has done some good in the community. The whole thing is about whatâs right and whatâs wrong. If itâs all about money, itâs not enough. How about a buffer in this high density area? Whatâs enough money? There is no political motive at work here.

Mr. Baum spoke again (see attached statement.)

Mr. Zirkle spoke again also. Oil tanks have been replaced at ASC and all wells in the subdivision have tested clear. It was done by DEQ. There is no oil in the wells.

The public hearing was closed.

Mr. Harvey asked if the petition was part of the public record and was told that it was (see file in Zoning Office). He had letters from Campbell and Henderson asking that their names be withdrawn from the petition. He also had a letter from Dunlow stating total support for the rezoning. He clarified the following points:
1)   No deadlines were placed on the site plan.
2)   He has not been out of compliance since 1977. The first rezoning was in 1997.
3)   There are no screens around Mr. Marckelsâs property and there is a lot of junk on his property.
4)   What Mrs. Robinson said was false. He told her trees had been purchased and fence had been arranged for.
5)   There are only two complainers ö Baum and Robinson. No one living adjacent to ASC has a problem.

Ms. Russell asked how long cars usually stay there from pick-up to ship-out. Mr. Harvey stated it could be as little as one day or as long as someone wants them to stay there. He has one car belonging to a person in the military that has been there 3-4 years. He wonât ask the family of a military man to move the car. He hates having the cars there. He has two contractors who will flat top and move 25 at a time. He has used a crusher from time to time but does not prefer that method. As far as the dump trucks are concerned, two of the operators live on Tanbark Drive and parking them at ASC is much safer than going through the subdivision. His sonâs business is operated out of the home, not ASC.

Ms. Russell asked what the plans are for the chain link fence along the north side. Mr. Harvey tried to put mature trees on Rt. 840 side, as well as a chain link fence. Wind is very strong on that side and many trees blew over. Any that didnât survive will be replaced. Heâs planning to transplant trees along Rt. 840âs wooden fence and put trees all the way up to the corner on Rt. 840. It will take 2 or 3 trees to get to the corner and then heâll plant something thatâs already established ö probably 3-4â trees. Itâs 100â from the property line to the fence and the slope is from 6â to 10â. A 6-7â chain link fence encases the lot. A vegetative screen will be placed between his property and Windy Acres.

Mr. Bruguiere stated that rezoning conditions were verified with Mr. Boger. The site plan will show fencing, lights, etc. He questioned the need for an E&S report and was advised that storing cars compacted the soil, which could affect drainage. Mr. Harvey said that Steven Key has been hired to draw up the plan. Alyson Sappington of Thomas Jefferson Soil & Water Conservation District will come up and look at the site. She will decide if E & S study is needed. Everything has been filed with TJS&WCD. A letter from VDOT has also been received.

Mr. Bruguiere stated that heâs in favor of the rezoning and heâs under no obligation to Tommy Harvey. He has no opportunity to do business with him, but recognizes that he has provided a lot of service to the community. He feels Mr. Harvey is in a ãCatch 22ä ö it takes months to dispose of vehicles, but itâs better to have them in the lot rather than all over the road. There are many illegal junkyards in the County. Enforcement is a problem. Other garage owners have the same problem ö the lot is full and thereâs no fencing. Any towing requires a period of time to dispose of the vehicles. If the rezoning is done, the site plan approved, trees and fences done, the problem will be alleviated.

Mr. Boger stated that the letters he sent out regarded graveyards in A-1, not the B-1 District. Ms. Russell feels the question is whether this is storage of vehicles or a graveyard. Ms. Walker questioned the number of vehicles allowed for storage. In A-1 the number is specified; it is not specified in B-1. Mr. Boger said that on a Conditional Use Permit all vehicles enclosed are allowed.

Dr. Walker addressed the debris from vehicles. Mr. Boger stated that if the DEQ doesnât have a problem with it, it is allowed under the ordinance if it is enclosed. DEQ comes into play if thereâs a complaint. Mr. Harvey stated that in the past there has been no random checking. They do check on the number of tires. Theyâre ready to move a trailer full now.

Dr. Walker verified there was no timeline on the original site plan. Mr. Harvey said there wasnât, but heâs willing to have a date put on the new site plan.

Mr. Bruguiere made a motion to rezone 1.509 acres from R-1 to B-1 in order to expand Afton Service Center. Mr. Harman seconded the motion. Mrs. Proulx verified that the motion is to recommend the approval to the Board of Supervisors. Ms. Russell said the motion should include the type of screening needed on the north side and the expansion of this area. It will serve the neighbors well if expectations on vegetative screening and a time frame are indicated on the site plan. Mrs. Proulx agreed but didnât feel rezoning was the place to address this. Mr. Boger said that conditions cannot be attached to the rezoning application.

Mrs. Proulx reiterated that this is an on-going business which needs to expand. They should have done this (rezoning of the entire area) all at once, but understands why delays in screening have occurred. Basically, the rezoning is reasonable.

Dr. Walker said this is an unfortunate situation. The business has been there a long time and the community built around the business. Mr. Harvey says he will complete the screening. Thereâs no reason not to approve.

Ms. Hunt said there is no question that Mr. Harvey has been a good citizen; however, she canât see this business growing in sight of these homes. She wishes there was another piece of land for them to expand on.

Motion passed 5-1, with Ms. Hunt voting ãno.ä This request for rezoning will be heard at the next BOS meeting.

Final Subdivision Plat ö Mountain Ridge
Mr. Boger reported that Falling Creek Properties, LLC, has submitted the final subdivision plat to divide 181 acres into eighteen (18) lots. The property is located on the north side of Route 639 across from the intersection with Route 179 and identified as Tax Map #69-A-17. VDOT has approved the entrance. A County water system is not required because the lots are more than 300â from the end of the existing water line. The developer will decide if he wishes to connect to it or not. Soils work has been approved by the Health Department.   Staff has no problem approving this plan. Mr. Greg Baldwin was available to answer any questions.

Mr. Bruguiere asked where the closest water line is located. Mr. Boger said it was at the boundary for the subdivision. In the Subdivision Ordinance the requirements are for the developer to be ãsubject 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.ä In another case the BOS has supported the Service Authorityâs position that their regulations required water hook-up to structures within 300â of an existing line. Mr. Baldwin will ask for an exception from the BOS. The intent was to use the Service Authority requirement of 300â from the end of the existing line.    Dr. Walker said that no subdivision can be required to connect to County water. The developer could choose to connect, if itâs cost effective. Ms. Hunt asked if the County could end up with the situation where areas not designated as growth would be within 300â of the line.

Mrs. Proulx asked Mr. Baldwin if he has plans to hook up to public water. He replied that he had been told at first that he would have to and some lots were sold with water included. There is a question as to whether there is sufficient water pressure to handle the entire subdivision. Mr. Boger said this was talked about in the preliminary review where Mr. Baldwin was told he would have to connect.

Mr. Bruguiere asked if there was a drainage easement between lots 6 & 7. Mr. Baldwin replied that drainage is already on the property. Mr. Harman asked about whether dry hydrants would be required. Mr. Baldwin said there is no on-site water now. If public water is used, fire hydrants would be installed. If private wells, no dry hydrants would be required because of the size of the lots. Mr. Harman asked about road maintenance and Mr. Boger replied it would be handled through agreements with property owners.

The public hearing was opened.

Chapin Wilson provided a written statement to the PC (see file) as well as the following comments. The Service Authority plans to use this subdivision as a ãjumping offä point. Block grant monies were used in Piney River because the people were having problems with their land not perking, etc. It is not a good thing to use block grant dollars for the Mountain Ridge lots. He presented other articles regarding community grant dollars being used for other things. It is not a good idea to use County money for this. The County needs to be careful ö this is a crucial issue. The people on Brownings Cove donât want it! Why make them stop using wells and springs? Mr. Wilson hopes the developer doesnât use County water. The land is agricultural and borders on the Agricultural/Forestal District which should be given some consideration.

Michele Spencer addressed a letter from Fred Boger. They have dug wells with 25 gallons/minute and have their own springs. Another concern is traffic. The lower end of Brownings Cove has decent water and they want to keep it.

Andy Wright feels this is contrary to the Comprehensive Plan. Residents along Laurel Road down to Rockfish are concerned about development in that area. He asks that recommendation to the BOS not include County water on this property. (Mr. Boger said that would be a Service Authority decision. Additionally, Mr. Bruguiere said he doesnât plan to recommend block grants for putting water in these areas.)

Gordon Koerner of Brownings Cove thanked Mr. Baldwin for being a good neighbor. He has removed the bank on Rt. 639 and improved visibility.   On lot 18 where land was donated for right-of-way, he would like it to be knocked down. He encouraged them to put water into the subdivision, but no further. He stated that a number of workers on this project would like to see this extended to meet their needs. He thanked Mr. Baldwin again for the work thatâs been done so far.

With no further comments, the public hearing was closed.

Dr. Walker referred back to the discussion on providing water to the subdivision. It seems the policy of water authority is in conflict with the Comprehensive Plan. Mrs. Proulx suggested that a meeting between the water authority, PC and BOS is helpful to discuss processes.

Ms. Russell made a motion to recommend approval of the final subdivision for Mountain Ridge, plat dated November 20, 2004, sheet 1 ö 3. Mr. Harman seconded the motion.

Mrs. Proulx asked if Mr. Baldwin would need to come back to the PC if he decides to put in water. Mr. Boger said it could be recorded separately.   Water easement is not required, but utility easements are. It can be put on the final plat before it goes to the BOS.

Motion passed 6-0.

Final Subdivision ö Wayne and Sandra K. Orme

Mr. Wayne Orme has submitted a plat for a family division of lot number 59 in the Highland on the James subdivision located on Cabell Road, Route 626. Staff has reviewed the plat and recommends approval because it complies with the minimum survey standards for platted lots. Mr. Massie Saunders, Surveyor, represented the Ormes and had no additional comment.

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

Mr. Bruguiere made a motion to approve the final plat, Ms. Hunt seconded, and motion passed 6-0.

Final Subdivision ö Paul J. & Sharon Buterbaugh

Mr. and Mrs. Buterbaugh submitted a final subdivision plat dividing 12.267 acres into two parcels of land. The property is identified as TM #6-A-9A and is located on Lobbans Lane (Rt. 840). The preliminary subdivision plat was approved by the PC in December, 2004. Staff has no problem approving the final plat.

Mr. Massie Saunders, Surveyor, representing the Buterbaughs, stated that the Health Department went to the site on February 4, 2005, to do the drainfield analysis. The report is not yet available.

The public hearing was opened. No comments were made. Public hearing was closed.

Ms. Russell made a motion to approve the final subdivision plat dated 11/10/04, subject to final approval from the Health Department. Dr. Walker seconded. Motion passed 6-0.

Final Subdivision ö Nelson County Community Development Foundation (NCCDF)

Mr. Massie Saunders, representing NCCDF, has submitted a final subdivision plat dividing five acres into two 2.5 acre parcels. The PC reviewed and approved the preliminary subdivision plat at its September 22, 2004 meeting. Staff has reviewed the final subdivision plat, has not identified any major problems with it, and recommends its approval. Application for soils work has been made.

The public hearing was opened. No comments were made. Public hearing was closed.

Ms. Russell made a motion to approve the final subdivision plat dated 11/29/04. Mr. Harman seconded. Motion passed 6-0.

Final Subdivision ö Glen Mary
Mr. Boger reported that soils work has been completed, and the Health Department has met with the soil scientist to verify that there are Class 1 soils on the site, as identified in the report. The Health Department questions the results of perk testing lots 1-4 ö the others appear to be OK. The Health Department may have to look at pre-treatment.

The 100-year floodplain for Reedâs Creek must be shown on the plat. Although data has been collected showing that the floodplain may not be as extensive as shown on the flood maps, this floodplain must be shown as is until the maps are amended by FEMA.

The open space easement has been extended around most of the perimeter of the site instead of having gaps in it as shown on the preliminary plat. Acreages include open space. The term ãOpen Space Easementä should be defined.

Ms. Russell asked how the developer would delineate open space from the adjacent property owner. Mr. Boger said that the property would define it. The option is there for a trail.

There was some concern with the erosion control plan, as designed. The concerns were associated with drainage channels or lack of, size of culverts, and drainage easements. The developerâs engineer has worked with the Thomas Jefferson Soil and Water Conservation District Office (TJS&WCD) and resolved these concerns.

Steve Crandall, applicant, has spoken with Allyson Sappington of the TJS&WCD who will complete the E&S review after the PC meeting. The basic problem is that there are no erosion channels. Smaller gravel inserted under larger aggregate.   Approval initially did not show open space easement. There is none along lot 10 which is a steep hillside. Mr. Crandall stated further that this would be a gated community, except for parcel A which is separated for business use and residue.

Ms. Russell noted that the building setbacks for parcel A are shown as 75â from Rt. 664 and it is actually more than 100â. Mr. Crandall agreed. He stated further that a greenhouse on the property has been donated to The Wintergreen Nature Foundation. The WPOA (Wintergreen Property Ownersâ Association) is looking for property to put it on. The existing building will also include real estate offices and traditional office space. The applicant will build roads and a bond will be needed.

The public hearing was opened.

David McGann said he was speaking for 15 people and requesting that the subdivision be approved.

The public hearing was closed.

Ms. Russell said the only issue is the definition of ãopen space easement.ä Mr. Boger said it canât be required, but it would be nice to have it on the plat. Open space would be defined in the deed. Mrs. Proulx said that if the plat has a designated open space easement it would be defined on the plat. It is not defined in the covenants at this time. Mr. Crandall said the purpose of the open space easements was to keep buildings away from property lines. Mr. Boger suggested that the note, ãOpen space is a bufferä be added to the plat.

Ms. Russell recommended approval of the final subdivision plat for Glen Mary dated 02/22/05 which consists of two pages with the condition that ãOpen Space Easementä be defined on the plat and the setback referred to on Rt. 664 (Parcel A) be corrected. Dr. Walker seconded, and motion passed 6-0.

Other Business ö Gaia Homes ö Alan Stacey

Mr. Boger reported that Mr. Stacey is anticipating purchasing the land adjacent to Tuckahoe Mall (Tax Map 22-A-29), using the interhabs concept. This may involve rezoning and placement of wells and septic. The area is zoned B-1 at this time.

Mr. Stacey presented a detailed plan to the Commissioners. He is exploring the idea of rezoning this 13 acres from B-1 to either R-2 or AM-R. The land has been for sale for a number of years. He plans an office complex of approximately 6000 sq. ft., and eventually another office, coffee shop and retail shops. The land does perk and the preliminary architectural work, conceptional plan, and engineering work have been done. The notebook given to the Commissioners (see file) contained the following:
   Section 1. A description of the property.
   Section 2.   The conceptional plan.
   Section 3. Illustrations of apartments. The lower apartments would be    handicapped-accessible. This is not a hotel/motel concept.
   Section 4.   Planned office and coffee shop descriptions.
   Section 5. History of Gaia Homes, Inc. which includes their plan for building    energy-efficient homes which are much needed in this area. Their goal is to    provide these energy-efficient homes with a barn-like appearance.

The requirement for water would be 7 gallons/minute with a 10,000 gallon storage tank, according to Mr. Stacey. Mr. Boger said they would need public water along with the rezoning from B-1 to R-2. He stated he would rather see this type of use instead of a shopping center.

The consensus of the Commissioners was that this is a good plan, good use of the land, and could satisfy the need for affordable housing in the County. Mr. Boger advised this was not a guarantee or commitment of final approval. Mr. Staceyâs next step will be to apply for rezoning.

Mr. Stacey thanked the Commissioners for their good feedback.

Other Business ö Inquiry from Kim Umstadter
Mr. T. Michael & Mrs. Kim Umstadter submitted a letter (see file) to Mr. Boger concerning the possibility of moving their business, Final Touch Tree Service, LLC, to Nelson County from Albemarle County. The area theyâre looking at is identified as Tax Map 6-A-102A. Discussion took place comparing the current and new ordinances with respect to this type of use. Mr. Bruguiere suggested that Mr. Boger determine what type of ãchipperä they propose to use. Generally, the Commission felt this was a welcome business to the County, but expressed concern as to whether it would fit into Light Industrial or M-1 since both districts stress relatively quiet indoor operations. Mr. Boger requested that Commissioners review the letter and provide their comments as soon as possible to enable him to respond to the Umstadters.

Adjournment ö At 11:30 P. M., Ms. Russell made a motion to adjourn, Mr. Bruguiere seconded, and motion passed 6-0.

Next Meeting -   March 23, 2005

Respectfully submitted,

Betty M. Fortune
Secretary