Planning: April 27, 2005

April 27, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
April 27, 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. The rezoning case on Avon Road, advertised for this meeting, has been moved to the May agenda.

Approval of Minutes:
No changes were made to the minutes of March 23, 2005. Dr. Walker made the motion to approve, Ms. Russell provided the second, and motion passed 6-0.

Final Subdivision Plat ö Beaver Creek
Mr. Boger reported that Mr. Bob Macionis has submitted the final plat for Beaver Creek Subdivision located on Hunting Lodge Road (Rt. 646). The preliminary subdivision dividing 43.76 acres into eight lots was approved by the Commission on October 27, 2004. Since that time, the soil work has been reviewed and approved by the Health Department. VDOT is OK with the individual entrances. Therefore, Staff recommends approval of the final subdivision plat.

Brian Ray, of Roger W. Ray & Associates, represented Mr. Macionis. He stated that this is a by right subdivision, all required approvals have been received, and he was available to answer any questions the PC would have. Mr. Harman asked about the 25â strip shown on the plat and Mr. Ray replied that VDOT requested this strip to be dedicated for public use in the event the road needs to be widened in the future.

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

Mr. Bruguiere made a motion to recommend to the Board of Supervisors approval of the Beaver Creek final subdivision plat. Mr. Harman provided the second. Motion passed 6-0.

Preliminary and Final Subdivision ö Michael & Sally Donovan
Mr. Boger reported that Michael and Sally Donovan have submitted a final subdivision plat to divide 10.98 acres of their property to create parcel ãBä of the Sunnyside Farms Subdivision. The required road for the subdivision has been completed and it complies with the Countyâs standards for a private road and has been certified by an engineer. The road can accommodate the traffic generated from this additional property. The soil work for the new lot has been completed and forwarded to the Health Department for review and approval. Access to Blundell Hollow Road must be from Sunnyside Lane. A telephone call was received from an area resident indicating there is a stormwater runoff problem associated with the subdivision. Mr. Donovan stated that he has addressed this situation. A land disturbing permit is required before any construction can commence on individual dwellings.

Ms. Russell was concerned that the plat did not show the entire residue. Mr. Boger said that this has been discussed previously, and it was decided that when the outline of the residue is shown on the plat, it meets the requirements of the subdivision ordinance. (It was also noted that this is not a family subdivision, as advertised.)

Mr. and Mrs. Donovan were present and Mrs. Donovan stated that all of the property has been surveyed. The residue was not shown because it wouldnât fit on the plat being reviewed by the PC. They will attach a copy of the complete plat when the final is submitted. In regard to stormwater runoff, the E & S plan has been followed. No runoff water from this property enters the stream.

The public hearing was opened.

Ray LaFalce had questions regarding the 10 acre plat. There are some very sensitive areas along the creeks. When the original 5 lot subdivision was approved, it looked good on paper, but there is at least an 18% grade on this property. He would not like to see this separated into smaller lots with private well and septic. There are 5 lots already there, and if the land is broken up into smaller parcels, it would cause a problem with septic systems. He wants to be assured that there wonât be further division of this property. To prevent a problem with Creek Road north into the Donovan property, there needs to be a condition that it stays at 10 acres. He will be watching the creek for problems in the future. He brought this to the Countyâs attention before the first 5 lots were divided, and no health department approval was received.

The public hearing was closed.

Mrs. Donovan stated that covenants with the subdivision do not allow for this parcel to be further divided. All soil work for the original five lots and the new lots was approved.

Mr. Boger, referring back to Mr. LaFalceâs statements, said that under State law, if the owners meet the requirements of the subdivision ordinance, it must be approved by the PC. Mr. Bruguiere asked the Donovans if they had plans to further develop the remaining 42 acres. They replied that they did not, but that it is for sale.

Mr. Bruguiere made a motion to recommend to the Board of Supervisors approval of this plat. Mr. Harman provided the second. Motion passed 6-0.

Site Plan #2004-007 ö Nelson County High School Parking Lots
Mr. Boger reported that since the March PC meeting, Dr. Roger Collins, Nelson School Superintendent, and Mr. Bruguiere have met and discussed plans to correct the stormwater drainage problems that exist on adjoining properties.

Mr. Custis, engineer with Draper Aden Associates was present and discussed the issues. Several options were presented:
1)   Underground detention
2)   Subdivision ditch improvements
3)   Pipe along Drumheller Orchard Lane

Any one of these three options will work and resolve the drainage issues. VDOT and E&S approvals are required. The least expensive would be to make improvements to the ditch and try to get the water down to the creek. The ditch can be made wider to improve capacity. Also, water can be retained on site with a retention facility to e release water slowly. Dr. Collins said that all of this is pending funding. There is approximately $200,000 available. The only bid came in at $429,000, which has since been reduced to $357,000.

Mr. Bruguiere stated that when the road (Drumheller Orchard Lane) was put in, there was no plan for runoff water. It was assumed it would just run off, which is not the case. Adjoining property owners are eager to get this resolved and additional funding is being worked on.

Mrs. Proulx expressed concern over approving the site plan before these issues are settled. Mr. Collins stated he would like the PC to approve the site plan so that work may begin as soon as the approvals are received.

This site plan was not a public hearing item; however, comments were heard from Mr. Ronald Collins.   He reminded the PC of where the creek runs off onto his property and presented a letter from Alyson Sappington, TJSWCD. (See file.) There has been four years of storm damage on his property and he is expecting a solution. He would like to see the water taken in another direction which would involve piping to a box culvert.

Mr. Bruguiere stated that the site plan seems to be acceptable. Mr. Harman suggested that it could be approved contingent on getting the water runoff problem solved for adjacent property owners. Dr. Collins said that the bid for this job expires if it extends past May 1. Mr. Boger said that a decision needs to be made tonight, and the approval can be contingent upon correcting the existing problems. He also said that the PC could require that the work be bonded, according to Section 13-6 of the Zoning Ordinance. This would be a separate bond from E&S bonding and this would insure that drainage issues are resolved.

Mr. Massie Saunders stated that a concern is taking water off site. The facility behind the school has a retention pond, and the water could be taken down through Mr. Collinsâ property. State law requires that stream banks be stabilized. The bond has not been released on the original project, which should solve the present problem. The ditch thatâs there now has been worked on within the last few weeks and must show stabilization for one year.

Mrs. Proulx stated that the PC has four options at this point: 1) approve the site plan with the contingency of VDOT and E & S approval; 2) approve the site plan with a bond that is time-specific; 3) approve the site plan with no contingencies; 4) turn down the approval for lack of specificity in addressing the issues related to runoff water on this site.
.
Ms. Russell made a motion to approve the site plan for NCHS parking lots, dated April 16, 2004, subject to approval of amelioration proposals, as contained in, but not limited to, the memo from Glenn Custis to Roger Collins dated April 26, 2005. Such approvals are to be received from VDOT and E & S agency (Thomas Jefferson Soil and Water Conservation District) and posting of a performance bond at the Planning Directorâs office to guarantee completion of the solution selected. Dr. Walker provided the second, and motion passed 6-0.

Site Plan #2005-001 ö Ligmincha Institute

Mr. Boger reported that Mr. Massie Saunders, Land Surveyor representing Ligmincha Institute, has submitted a site plan for additions to the Institute (Phase II) located at 874 Drumheller Lane (Route 714). In 1998 the subject property was purchased by Ligmincha Institute for the purpose of constructing a retreat center for the study of the Religion and Culture of Tibet. A concept plan was presented to the Commission and it was decided that the property would be used for a religious institution and was a permitted by right use in the Agricultural District. Some changes were made in parking lots. The proposed site plan for this phase of development shows some deviation from the original concept plan with an additional 5,960 sq. ft. dormitory. The plan also shows a   future mezzanine, and a building for future offices, classrooms and bookstore. The Health Department must determine if the existing sanitary system is adequate for the proposed expansion. Mr. Saunders is working with the Thomas Jefferson Soil and Water Conservation District Office to develop a plan to manage stormwater on this site. There are some design limitations due to slopes and proximity to the side property line which require careful study before developing the plan. All building plans must be drawn by a Virginia licensed architect or engineer. The site plan can be approved contingent upon Health Department and E & S approvals.

Mr. Saunders pointed out on the site plan the existing structure, the proposed additions, and the future improvements. He stated that the plan is to develop underground stormwater retention on site, utilize gravel pits, and undercut the patio area for stormwater retention. A trail will be added to the second parking lot. The sewer system was planned for full utilization and is being checked by Hurt & Proffitt. There is currently a 25,000 gallon septic tank.

Mr. John Massie, Director of Development for the Institute, said that their primary intention now is to increase the dorm area. There are usually 4 events per year which last for 5 days each. The septic system is designed for 100 persons per day for 365 days per year. The original plan was for open dorm space for 60 people. Occupancy for 80 people is needed, with private rooms and other privacy areas. This summerâs retreat will have 100+ people, but not all will stay overnight.

Mr. Harman asked about lighting. Mr. Massie said that some lighting is required for night movement around the grounds. Some of the present fixtures are shining outward and lower wattage lighting can be used.

Mr. Harman made a motion to approve the site plan dated March 14, 2005, contingent upon items 1 and 2 of Staffâs report (see file). Mr. Bruguiere provided the second. Mr. Harman amended his motion to include the submittal of a lighting plan for approval by the Planning Director. Mr. Bruguiere amended his second and motion carried 6-0.

Other Business: Presentation of Regional Hazard Mitigation Plan
Mr. Boger introduced Mr. Bill Wanner of the Thomas Jefferson Planning District who presented a summary draft of the Regional Hazard Mitigation Plan (HMP) for Nelson County, dated April 4, 2005 (see file). Mr. Wanner stated that Mr. Boger, staff and Ray Uttaro have been very interested and helpful and Nelson is one of the most active counties in emergency preparedness planning. If the County adopts the Hazard Mitigation Plan, funding may be available to update the floodplain maps. The TJPD has submitted a grant application for this project.

The next step will be a public hearing on the Plan. This can be scheduled for the May 25 Planning Commission meeting and then the Board of Supervisors. Mr. Boger will ask Mr. Uttaro to attend the May 25 meeting.

Mr. Wanner explained that ãreverse E911ä is the ability to get an emergency message out to every person who has telephone service.

Copies of the HMP will be made available to the public via paper copy in the Planning Office and by posting on the County website. The plan will go through formal adoption steps with the PC and BOS.

Other Business:
Mr. Boger reported that the Afton Service Center rezoning decision has been appealed, following the BOS approval. Also, S. Vance Wilkins is appealing the BZA decision regarding an interpretation of zoning for his Arrington Cold Storage property.

Adjournment:
At 10:00 P. M. Dr. Walker made a motion to adjourn, Ms. Hunt provided the second, and motion passed 6-0.

Respectfully submitted,

Betty Fortune
Secretary