Planning: March 23, 2005

March 23, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
March 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.

Approval of Minutes:
No changes were made to the minutes of February 23, 2005. Dr. Walker made the motion to approve, Ms. Hunt seconded the motion, and motion passed 6-0.

Final Subdivision ö Glenn L. & Charles E. Simpson Property

Mr. Boger reported that the Simpsons have submitted the final subdivision plat to divide 140.884 acres into three lots. The property is located east of the intersection of Laurel Road (Rt. 639) and Brownings Cove (Rt. 719) and is identified as Tax Map #69-A-17E.

At the last meeting Mr. Simpson was asked to revise map note #10 to show the correct side yard setback, to show utility easements for each lot, and to have septic drain field approval from the Health Department for Parcel E indicated on map note #11. All these requirements have been met and Staff has no problem recommending its approval.

Ms. Proulx opened the public hearing.

Edwin White. See attachment.

Lucy Colby. See attachment.

Steve Eubank ö attorney with Shrader law firm in Amherst, representing Glenn Simpson.
Mr. Eubank said that the Planning Commission (PC) should not base its decision on the legal dispute with Colby and White. The Simpsons have indicated they want to divide their property into 3 tracts and have met all requirements of the PC. The Simpsons have buyers for the 9.496 acre tract and for the 16.388 acre tract. They have complied with the subdivision ordinance, regardless of the differences they may have with prospective buyers. Mr. Eubank showed a 10/27 drawing of the proposed division which showed a 115 acre parcel at that time.

The public hearing was closed.

Ms. Russell asked Mr. Simpson if he has contracts with two different people on parcel E, and if so, why he was unwilling to subdivide that parcel on this plat. Mr. Simpson replied that he had just found out about Colby & Whiteâs request on February 23. He advised the buyers (Colby and White) that if they wanted to subdivide this, they would have to come before the PC. They wanted a 1031 exchange where they would sell one piece and buy another for tax purposes. They wanted this originally. The contract is the same as the one on file. Colby and White decided on February 15 that they wanted two lots.

Mr. Bruguiere said that the PC has been presented a plat for 3 lots which is all the Commission should be concerned with. Contract negotiations are a civil matter. Ms. Russell said she didnât feel comfortable approving three lots when four lots are being asked for. Mr. Bruguiere said Mr. Simpson could come back to the Commission in the future, if necessary. Mr. Simpson said if Colby and White had asked for 2 lots he would have worked with them. He is asking for what is shown on the plat.

Mr. Bruguiere made a motion, based on Staffâs recommendation, to recommend to the Board of Supervisors (BOS) approval of the final subdivision plat. Mr. Harman seconded the motion, Ms. Russell voted ãnoä, and motion passed 5-1.

Preliminary Subdivision ö Dutch Creek

Mr. Boger reported that a number of months ago Home Run L.L.C. submitted a preliminary plan for 216 acres to be divided into 86 lots. That plan was withdrawn, and now a plan has been submitted for approximately 216 acres to be divided into nineteen (19) lots with the minimum lot size of 2.4 acres. The property is located on Laurel Road, Route 639, north of Elma. The subdivision will be served by individual wells and septic systems. On this plan the location of the entrance onto Rt. 639 has been changed (Saunders Lane). In addition, there are lots less than 5 acres in size which will require a dry hydrant.

Mr. Boger stated that this proposal is far better than the first and that disputes over property lines appear to have been resolved. There is another property line in question, and the applicants are aware of the situation.

Ms. Hunt asked if there should be a service road, based on the configuration of the subdivision. Mr. Boger said it would be just the main road. If this is developed in phases, the dry hydrant and the roads would have to be built during phase 1.

Mr. Ray Pennington, one of the applicants, spoke and Dr. Vick Saunders was also present. Mr. Pennington said they had worked their way from 86 lots to 19. Massie Saunders, Surveyor, has told them that 5 of the 2-acre lots can be approved administratively. The property line questions involving Mr. Wilson and Ms. Cabrera are being worked on so there is no reference to any dispute on the preliminary plat. Mr. Wilson and Ms. Cabrera had questioned the 15 acre parcel adjacent to lot 15. He met with Mr. Wilson and Mr. Crabill (surveyor) and the old surveys were revised. He has a letter from Mr. Wilson and Ms. Cabrera stating their satisfaction that the issue has been resolved amicably. Regarding the phasing concept, for now they would like to keep larger tracts for hunting and develop those closer to the road.

Mr. Harman asked if 5 lots are to be developed now. Mr. Pennington said that when soils work is completed, they will have a clearer idea what to do. It will probably lots 1-4 and possibly lot 12. Mr. Boger stated it will still require dry hydrants in 4 lots of the residue. Mr. Pennington said the area has been planted in pines and the topography is hard to read.

Ms. Hunt asked for verification that the disputes had been settled. Mr. Pennington said there are no discrepancies known at this time, according to surveyors.

Ms. Proulx opened the public hearing.

Chapin Wilson ö Laurel Road. The Cabreras own a piece of the original Burkley-Howell plat. It has been surveyed. The old plat goes back to 1700âs, but Mr. Crabill found where the property line is located. Mr. Wilson submitted a letter from the Carbreras concerning the agreement with Mr. Wilson and Home Run, LLC. (See file.) Steve Raynor and Sam Eggleston (attorneys) will be working out the details of the boundary adjustment. The final draft is being drawn up now and the survey work will be done.

Mr. Bruguiere confirmed that the boundary line issue has been resolved. Mr. Wilson agreed. The Cabrera land connects with Mr. Wilsonâs, not with Mr. Penningtonâs. Mr. Pennington said there would be a quit claim to Mr. Wilson and Mr. Wilson would quit claim to Cabrera.

Wisteria Johnson ö Peavine Lane, Shipman. Thanked Mr. Pennington for working with the people on the reduction in number of lots. She understands there will be 2 outlets ö Saunders Lane will be coming out across from her familyâs cemetery. Her request is that they revise the plans and that the PC disapprove the entrance as shown on the plat. Sheâs very emotional about this issue and stated that she assumed there would be a stop sign or some other way of keeping people out of the cemetery area. There are other places along the road which could be used as an entrance. Mr. Pennington had told her that if she could find a suitable alternative, he would work with her. She stated, ãWhere there is a will, thereâs a wayä to show respect for those already buried in the cemetery and for those who will be in the future.

Bo Delk ö Discussed the dry hydrant that Mr. Boger referred to earlier. He said a dry hydrant is nothing more than a pipe stuck in a body of water. The subdivision ordinance says a dry hydrant is needed, but not how much water, what will happen when the water supply dries up, etc. This subdivision is close to the public water system. They might have to go 2-3 miles to fill the truck, but thatâs not unreasonable. The dry hydrant hasnât been located yet. Maybe itâs not feasible when the public water system is so close.

The public hearing was closed.

Mr. Bruguiere asked if the dry hydrant requirement was based on lots under 5 acres. Mr. Boger said it was, but the requirement can be waived by the BOS. If the fire department requests a waiver, it will be considered by the BOS. Whatever the decision, it needs to be shown on the final plat.

Mrs. Proulx asked Mr. Pennington about the road situation. He responded that the best sight distance is available from in front of Mr. Robertsonâs property where the cemetery is located. If another site could be found, he is willing to work with VDOT. The safety of everyone must be considered.

Ms. Russell asked about plans for October Lane (Rt. 763). Mr. Pennington said that Massie Saunders will address the issues with VDOT on redesign. They want to be able to dedicate a realignment.   They are flexible in working with the community and the fire department. Ms. Russell said she was very pleased with what has been submitted. Itâs a great improvement over the original. She respects the issues brought up by Ms. Johnson and hopes something can be done about the road. She sees no reason not to approve the plat.

Mrs. Proulx asked about how the phases would come into play. Mr. Boger said that lots 1-4 can be approved administratively. The remainder can be developed in stages, coming back to the PC as needed. Changes can be made on the final plat. If nothing is done on the final plat for 1 year (5 years for State requirements), applicants will need to come back to the PC.

Ms. Hunt agreed this is a vast improvement, as long as boundary issues are satisfied. Mrs. Proulx feels the boundary line adjustments should be shown on the final plat. Dr. Walker voiced concern over the cemetery situation and expressed the hope that something could be worked out.

Ms. Russell made a motion to approve the preliminary subdivision based on the plat dated December 6, 2004 and revised February 28, 2005 with the understanding that the boundary dispute be legally resolved before submission of the final plat and the hope that resolution can be made with the entrance at Saunders Lane. Dr. Walker seconded the motion and motion passed 6-0.

Preliminary Subdivision ö Jockeyâs Ridge

Mr. Boger reported that Mr. Howard Vance, Land Surveyor, has submitted a preliminary subdivision plat to subdivide 34.41 acres into seventeen (17) lots. The property is located on Diggs Mountain Road (Route 668) and is owned by Mr. John C. Holland, Jr. The property is identified as Tax Map #67-4, Parcel 19. An outstanding issue is the need for a dry hydrant. A letter has been submitted by the fire department (see file) requesting a waiver of this requirement. They would prefer to use clean water rather than water out of a pond, and there is a hydrant at the corner of Rt. 29 and Oak Ridge Road that is accessible.

Mr. Boger commended Mr. Vance for his good work on the plat. A few of the entrances have been changed to joint entrances, preventing the need for 17 individual entrances.

Mr. Vance of Balzer and Associates, Inc. was present to answer any questions the PC had. He clarified that the outside line on the plat was the edge of the 40 foot right-of-way on Diggs Mountain Road. Itâs 20 feet from the center and there is a 30 foot utility easement on the property. Mr. Boger said that the applicant is aware that there may be problems with finding a septic location on lot #1.

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

Mr. Bruguiere asked if lot #1 has an easement or separate driveway. Mr. Boger said it would have a gravel driveway.

Ms. Russell made a motion to approve the preliminary subdivision plat for Jockeyâs Ridge dated March 9, 2005, containing 2 pages. Mr. Harman seconded the motion and motion passed 6-0.

Rezoning #2005-001 ö Al Stacey, GAIA Homes, LLC
Mr. Boger reported that Mr. Al Stacey is requesting to rezone five acres of land from Business, B-1, to Residential, R-2 (Conditional). The property is located at 4300 Rockfish Valley Highway adjacent to Tuckahoe Mall. Mr. Stacey has voluntarily proffered the following:
   ãI hereby proffer that the development of the subject property of    this application shall be in strict accordance with the conditions set    forth in the submission of the Conceptional Plan dated 02/01/05.ä

The site plan shows five (5) multi-family strictures with 4 residential units each, for a total of twenty units (4 units/acre). There is also shown on the plan a 6,000 square foot,
2-story commercial building. This building will be located in the remaining part of the property retaining the B-1 zoning. However, since the rezoning, if approved, would be subject to those uses shown on the site plan, any additional buildings would require the proffer to be amended.

The units will be served by a septic system and that system will require Health Department approval which will include the size and length of drain field areas. The project will be served by a community water system operated by a Virginia licensed public utility which is necessary to comply with the R-2 requirements for a multi-family development. The drain fields will be located in the open space area north of the residential units. Preliminary soil work has been done by the applicant and indicates the area will support septic drain fields.

Based on the information provided to the Planning Office, and acknowledging the Countyâs need for rental units, Mr. Boger had no major objection to the rezoning request.

The property is under contract and has not been published. The owner is here tonight. If something falls through with the purchase contract, Mr. Stacey will withdraw the request for rezoning.

Mr. Al Stacey stated that he is requesting to rezone 5 of 24 acres from B-1 to R-2 (Conditional). Uses by right in this district include hotel, motel, etc. He plans to build 5 4-unit apartment buildings. The remaining 8 acres will remain B-1 with a planned office building for GAIA Homes. He feels his design will be fitting for the rural nature of Nelson County. The homes are energy-efficient, durable, have concrete foundations, etc. The office building will showcase GAIA Homes. The dwellings will be rental units.

Ms. Russell noted there are 2 handicapped parking spaces shown on the plan, but 5 apartment buildings. Mr. Stacey said there should be one handicapped parking space per building. Ms. Russell also asked about fire protection and Mr. Stacey advised there will be a dry hydrant and the river across the road can also be used.

Mrs. Proulx opened the public hearing.

Mr. Craig Cooper has concerns about the availability of water and the size of the units. There is not a lot of water available and the public utility would have to have a substitute water system. The river mentioned earlier is very shallow.

The public hearing was closed.

Mr. Stacey reported that each apartment building would have two 800 sq. ft. apartments which will be handicapped-accessible. There will be 2 apartments on the 2nd floor. With regard to the wells, engineers have determined that the wells supply 7 gallons per minute with 10,000 gallon holding tank which should be sufficient. The pond can be used for the dry hydrant.

Dr. Walker asked about standard for the amount of water needed. Mr. Boger said that the Health Department determines the amount needed as well as the type of sewer system.

Ms. Russell said she felt this was a welcome use of land in this area and Ms. Hunt agreed. Rental units are needed.

Ms. Russell made a motion to recommend approval of rezoning of 5 acres of property, Tax Map #22-A-29, for GAIA Homes as submitted in the development plan dated 02/01/05, including the proffer:
   ãI hereby proffer that the development of the subject property of    this application shall be in strict accordance with the conditions set    forth in the submission of the Conceptional Plan dated 02/01/05.ä
Ms. Hunt seconded the motion and motion passed 6-0.

Community Center Definition

Mr. Boger reported that the BOS requested an amendment to the zoning ordinance to include a definition of Community Center. He presented the definition stated below:

Community Center: A building and grounds used for recreational, social,    educational, health, and cultural activities open to the public or a portion of the    public, owned and operated by a public or private non-profit group or agency. The    activities may involve leasing of space within the building for the sale of goods and    services, offices subject to site plan approval, and any additional conditions that    may be imposed to such sales of goods and services by the Planning Commission.    The sale of goods and services may be carried out    on a profit basis or for charitable    non-profit purposes by the owner or the ownerâs approved lessee or licensee.   There    can be no exterior indication of commercial activities at the center such as outside    storage, sales area and signage, except for a principal sign    identifying the center    with a listing of its tenants.

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

Dr. Walker said it appears the definition captures all the areas discussed by the PC previously. She made a motion to recommend to the BOS that the zoning ordinance be amended to include this definition of Community Center, as presented to the PC on March 23, 2005. Ms. Russell seconded the motion, and motion passed 6-0.

Site Plan #2004-007 ö Nelson County High School Parking Lots
Draper Aden Associates has submitted a site plan to construct two parking areas at Nelson County High School. One parking area will be located in front of the school in the area between the new tennis courts and the service drive. The second parking area will be located behind the high school where the old vehicle maintenance facility was located. This area is adjacent to Drumheller Orchard Lane.

Both of these parking areas were included in the master development plan for the improvements to the high school and middle school. Staff has reviewed the site plan and identified two concerns which must be resolved before the plan can be approved. The first problem deals with stormwater drainage and the need to comply with the Stateâs MS-19 requirements. The site engineer must work with the Thomas Jefferson Soil and Water Conservation District Office to obtain approval of the Erosion and Sediment Control Plan.

The second concern is an existing septic system and possible drain field at the rear of the site along Drumheller Orchard Lane. If this system is no longer in use, Staff recommends abandoning the system by collapsing the septic tank in place and filling in with appropriate fill material. If the intent is to continue use of this system, then the Health Department must be consulted regarding modification of the plans as proposed and how to protect this system from being damaged by vehicle traffic.

Mr. Banton, who lives across the street, asks that Staff voice his concerns about the runoff water. Heâs attended several of the meetings concerning this site plan, but could not be here tonight.

Mr. Bruguiere has met with VDOT regarding these parking lots. The runoff water needs to be addressed. Itâs running down onto Mr. Ronald Collinsâ property. This water should have been diverted to the retention pond. Permits are still open and the bond is still in effect.

Mr. Glenn Custis with Draper Aden Associates stated that the rear parking lot will consist of compacted gravel and the size of the parking area will be reduced by adding grassy island which will reduce the amount of runoff. The E & S plan has been submitted and VDOT is also involved. They plan to focus on the rear lot. The front lot will experience no size change. There is an erosion problem on the side of the road across from the rear lot. Mr. Boger said this should have been addressed with the original contractor.

Dr. Roger Collins, N. C. School Superintendent said that contractor Dobbins is working with the runoff issue. Mr. Ronald Collins explained to Dr. Collins the impact this runoff water has on his property. There is one outstanding ditch problem on Mr. Collinsâ area and in the tennis court area. Dr. Collins said the contractor has been working on this for about 45 days. The ditch will be 28â wide and will probably be in place within the next 60 days. The tennis court area will receive additional rip rap.

Mr. Bruguiere said that an alternative to using a ditch as shown on the plan, going down through arboretum, they could close off the diagonal pipe coming directly across the road and put it in the ditch thatâs inside Drumheller Orchard Lane, diverting the water to the retention pond. That way, all water stays on school property rather than on Collinsâ property. Mr. Custis said that would be a good solution.

Mr. Custis said the original drawings have been submitted to VDOT and a response is expected soon. Mr. Bruguiere asked if paving the back lot was going to solve the problem, which is the overflowing ditch on Drumheller Orchard Lane and the adjoining field. Mr. Custis replied that gravel will go to the edge of the building and grass will be planted in island areas. All E & S plans have been submitted to Alyson Sappington of Thomas Jefferson Soil & Water Conservation District. Ms. Russell recalled that Ms. Sappington had at one time suggested doing away with the curbs along the back lot. It was felt that this may not be a feasible solution to the problem.

Mr. Harman asked if the septic tank issue had been resolved. Mr. Custis said they will uncover and abandon the tank if it has not already been abandoned. Fuel tanks have been taken away.

Dr. Collins said this is the final phase of the high school project. He will recommend that dirt taken out would be given to Mr. Ronald Collins to help with the erosion problem.

Mr. Jim Hooker of 40 League Lane commented that Mr. Bruguiere seems to understand the concept of the problem. The water comes across from the school, crosses Drumheller Orchard Lane, goes into League Lane and floods yards. Heâs not against the paving of the lots, but the water situation must be dealt with first. Heâs put up with this problem for two years. In the winter the water turns to ice and it is treacherous.

Mr. Ronald Collins is concerned about the property between League Lane and his property. He showed pictures of before and after the ditch was worked on. The runoff water problem has been going on for years and should have been corrected with the original project. VDOT filled the ditches with rocks and the water flooded the rocks out of the ditch. A letter he received from Ms. Sappington said that grading could be the problem.

Mr. Collins said that Rt. 29 is affected also. A lot of damage has been done in the past and he feels the County should be responsible for damages to his property.

Mr. Bruguiere stated that the site plan, as submitted, is adequate. The former problems, however, must be resolved. There is still a bond outstanding. Dr. Collins said that the bid on the parking lot project runs out in mid-April. Mr. Bruguiere said he would like to delay a decision for one more month for more information form Alyson Sappington and the VDOT engineer. He volunteered to meet with Dr. Collins, Ms. Sappington, Ronald Collins and Glenn Custis to see what can be done.

Dr. Collins requested a postponement to the April meeting.

Other Business
Mr. Boger reported on the progress of the BOS review of the zoning ordinance; in particular, development rights and parcel sizes. The County Attorney is to advise about public hearing requirements.

Adjournment
At 9:30 P. M. Dr. Walker made a motion to adjourn, Mr. Bruguiere seconded the motion, and motion passed 6-0.

Respectfully submitted,

Betty Fortune
Secretary