Planning: June 22, 2005

June 22, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
June 22, 2005

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

Absent: Mr. Thomas Bruguiere

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:
Review of May 25, 2005 minutes was postponed until the July meeting.

Final Subdivision – Whitehurst Property

Mr. Boger reported that Mr. William Whitehurst has submitted the final subdivision plat for division of 195 acres into seven (7) lots. Staff finds the plat complete and recommends approval. After approval by the Board of Supervisors, Mr. Whitehurst may build the road initially and submit an engineer’s certification that it was built to County standards. If he chooses to delay construction, a road bond guaranteeing completion of the road to County standards would be required before Mr. Boger could sign off on the plat.

Mr. Whitehurst was available to answer questions from the Commission.

The public hearing was opened and closed, with no comment from the public.

Dr. Walker made a motion to recommend to the Board of Supervisors approval of the final subdivision for Tax Map #62-A-80, William Whitehurst. Mr. Harman provided the second and motion passed 5-0.

Special Use Permit #2005-002 – Clayton Dale Evans

Mr. Boger reported that Mr. Evans has submitted a petition for a SUP to place a double wide manufactured home on a 1.29 acre parcel of land located on Lonesome Pine Road, Shipman, Tax Map #69-A-48. The property is presently zoned R-1. Manufactured homes are permitted in this district with a Special Use Permit. An entrance permit for the driveway will be required from VDOT and the Health Department must approve the septic system. The proposed use will not change the character of the area. Staff has received no adverse public comments regarding the placement of this home.

The public hearing was opened and closed, with no comment from the public.

Ms. Russell made a motion to recommend to the Board of Supervisors approval of Special Use Permit #2005-002 for Clayton Dale Evans to allow a manufactured home to be placed on property identified as Tax Map #69-A-48, with VDOT and Health Department approvals as stated above. Dr. Walker provided the second. Motion passed 5-0.

Preliminary Subdivision – Clarence R. Craig, Jr.

Mr. Boger reported that Mr. Craig has submitted a preliminary subdivision plat to divide 16.70 acres into 6 lots. The property is identified as Tax Map #68-A-57 and is located across from the VDOT Shipman Office on James River Road. The lots will be served by public water. Soil work must be prepared for the subdivision, submitted to the Planning Office, and then forwarded to the Health Department for approval. There were some concerns originally about the road into the subdivision. The latest plat has a note indicating that lots 1, 2, 3 & 4 will be served from Rt. 56. The road shouldn’t have to be upgraded. There is also a note on the plat concerning public water serving houses that are within 300’ of the water line. Septic systems will be private.

The public hearing was opened and closed, with no comment from the public.

Ms. Hunt made a motion to approve the preliminary subdivision for Clarence Craig, Jr., Tax Map #68-A-57. Ms. Russell provided the second, and motion passed 5-0.

Preliminary Subdivision – Marlo Gayle Allen

Mr. Boger reported that Ms. Marlo G. Allen has submitted a preliminary subdivision plat to divide 5.973 acres into two parcels of land. The property is located at 5280 Rockfish Valley Highway, Tax Map #22-A-64F. She plans to sell the existing dwelling and build another home on the remaining 3.9 acres. Mr. Boger noted that the 2.1 acre piece does not front on a road built to county standards. It does have an existing 35 ft. right of way designed to meet the requirements of a 2004 one-time division; however, an exception to Section 4-7-C and 4-6-C must be obtained from the Board of Supervisors to use the existing road.

Mr. Massie Saunders represented Ms. Allen. He gave a brief history of the original lot which was divided in order to settle an estate after the death of the owner. There is a power line over the existing lot and Ms. Allen prefers to build in a different location. She is willing to proffer that no additional division will be made of this property. That proffer will be stated on the final subdivision plat.

The public hearing was opened and closed, with no comment from the public.

Ms. Russell made a motion to approve the preliminary subdivision, Tax Map #22-A-64F, for a 2-lot subdivision subject to obtaining an exception from the Board of Supervisors for road construction and the proffer of no further division of this property. Dr. Walker provided the second and motion passed 5-0.

Site Plan #2005-004 – Afton Service Center

Mr. Boger reported that Mr. Tommy Harvey has submitted a site plan for expanding the vehicle storage area and an addition to the existing Afton Service Center, as required by the rezoning approval by the Board of Supervisors on March 8, 2005. The property is located at 10921 Rockfish Valley Highway, Afton, Tax Map #6-A-28. The E & S has been approved, and a majority of the landscaping is in place. Staff has no objection to the site plan.

Mr. Harvey showed an aerial photograph which showed the entire area of operation and the landscaping that is presently in place. Tires are stored in a trailer on the property. No additional lighting will be needed in the rear of the property. Lighting for the addition has not been determined. Construction will begin as soon as financing is available.

Ms. Russell made a motion to approve site plan #2005-004 for Afton Service Center dated June 22, 2005. Dr. Walker provided the second, and motion passed 5-0.

Special Use Permit #2005-001 – High Country Associates, LLC
(Deferred from May 25, 2005 PC meeting for further information and discussion.)

HCA has submitted a request to move 150 development rights from Single Family to Mixed Use on property located in the area of Tuckahoe School and behind Valley Green Shopping Center, Tax Map #22-A-9. Mr. Boger reported that County Attorney Payne’s comments have been forwarded to the PC. On the rezoning request of May, 2004, 175 units were earmarked for assisted living (senior units). Mrs. Virginia Taboub is negotiating to build the assisted living facility (Rosewood Village) and believes she will need 125 units. Mr. Boger has recommended that the PC not approve this request until the PC has received more specific information regarding the development of this parcel including a revision of the schematic plan that was submitted in May, 2004. If the present court challenge succeeds, then the applicant may request a Special Use Permit from the County to transfer the 150 development rights to Village Center Mixed Use for this parcel.

Ms. Proulx said it was her understanding that the PC was not to consider any pending litigation, but to act on the request as submitted. Mr. Boger agreed and stated that the PC must rely only on the Zoning Ordinance in making a decision, which should be made tonight. Mrs. Proulx indicated that there is an option for a delay.

Ms. Russell verified that HCA is requesting to transfer 150 units from single family to mixed use, and no schematic has been submitted to show how the units would be used. Mr. Boger stated that the original schematic will have to be amended if this request is approved and would be reflected in the final plan. There is a total of 32 acres, including the corner parcel, which is shown as commercial. The schematic provides flexibility. The PC has very little discretion when reviewing the final plan. Covenants are not to be considered as they are between property owners and developers.

Dr. Walker reiterated that what the PC is to consider tonight is whether it is appropriate to move 150 units from RPC single family to mixed use based on compatibility with the area. HCA has the option of coming back to the PC later with another request. Mr. Payne has provided his expert opinion. Mrs. Proulx said she appreciated the flexibility and doesn’t want to pin HCA down to exact plans, and that perhaps this is not the time to add these units. The presentation now being made doesn’t match the previous schematic.

Ms. Russell said that the original Master Plan (1985) called for 1000 units in Stoney Creek and an additional 175 units have been approved for this parcel. HCA is asking to transfer units to be used on this parcel which will not increase the total density in Stoney Creek. Residential units are permitted in the Village Center Mixed Use area. She is uncomfortable with the vagueness of the plan. It has been represented that the single family units are going to be similar to Breezewood and Club Highlands, yet there may be patio homes, which is entirely different. She can understand the 2004 schematic as being acceptable, but would like to see current plans for the 150 units.

Mr. Stuart Sadler, representing HCA, showed a drawing of the area under consideration. He   would like to have Virginia Taboub develop Rosewood, but financing is needed. If the financing falls through, these 150 units would allow Mrs. Taboub to proceed while the court is considering the challenge to the County’s December, 2004 decision. Mrs. Proulx said that the original project was tied to the senior housing project and that she hesitates to do something that could change that.

Ms. Russell asked if the County’s approval of 350 additional units was site specific – 175 for annexed property and 175 for the property in question here. Mr. Sadler said it was site-specific: parcel 9.

Dr. Walker made a motion to recommend to the Board of Supervisors approval of Special Use Permit #2005-001 to move 150 development rights from RPC single family to mixed use, Tax Map #22-A-9. Mr. Harman provided the second. Voting yes: Mr. Harman and Ms. Russell. Voting no: Mrs. Proulx, Dr. Walker, and Ms. Hunt. Mrs. Proulx stated that the PC will recommend denial to the Board of Supervisors based on the following:
•   Lack of a schematic or preliminary plan with the application, as required by Article 14 of the zoning ordinance. The schematic in hand does not represent what is now planned.
•   The potential for abandoning the original approval which includes plans for assisted living
•   The difference in number of development units – 150 vs. 175 vs. 325.
Dr. Walker stated that HCA’s options are to go directly to the Board of Supervisors or to make changes and come back to the PC with a final plan.

Other Business

Discussion of Bylaws – A draft with County Attorney Payne’s recommendations was distributed. It was agreed that Item B.6.F should remain as it was in the original draft, but all other changes were acceptable. Ms. Russell made a motion to approve the Nelson County Planning Commission Bylaws with the addition of Item B.6.F. Ms. Hunt provided the second and motion passed 5-0.

Next Meeting: July 27, 2005, at which time revised applications for CUP, SUP and Rezoning will be discussed.

Adjournment: At 9:15 Dr. Walker made a motion to adjourn, Ms. Hunt provided the second, and motion passed 5-0.

Respectfully submitted,

Betty Fortune, Planning Secretary