Planning: August 24, 2005

August 24, 2005

Nelson County Planning Commission
Meeting Minutes
August 24, 2005

Present: Mr. Michael Harman, Ms. Emily Hunt, Mrs. Philippa Proulx – Chair, Ms. Linda Russell, 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. in the Board of Supervisors Meeting Room, County Courthouse. She announced that Dr. Valdrie Walker, Commissioner from South District, has taken a position in a Jacksonville, Florida, college, and consequently, has resigned from the Planning Commission. She expressed thanks for the years of service Dr. Walker gave to the County.

Approval of Minutes:
Minutes from May 25, 2005 were reviewed with no changes made. Ms. Russell made a motion to accept the minutes, Ms. Hunt provided the second, and motion passed 5-0.

Minutes from June 22, 2005 were reviewed with no changes made. Ms. Russell made a motion to accept the minutes, Ms. Hunt provided the second, and motion passed 5-0.

Other Business:
Additions to the Dutch Creek Agricultural/Forestal District. Mr. Boger reported that Mr. Andy Wright has submitted a request to add three properties to this district totaling approximately 221 acres. The properties are: Tax Map #59-A-22 – 102.0 acres, Tax Map #60-A-33 – 7.5 acres, and Tax Map #60-A-25 – 111.96 acres. The Planning Commission is requested to send this application to the Review (Advisory) Committee. Motion was made by Mr. Bruguiere to pass the following resolution

[1] by the Planning Commission:
The request of Mr. W. A. Wright to add three (3) properties to the Dutch Creek Agricultural/Forestal District is referred to the Agricultural/Forestal District Review Committee to report back to the Commission on or before September 28, 2005. Motion was seconded by Ms. Hunt and passed 5-0.

Creation of the Davis Creek Agricultural/Forestal District. Mr. Boger reported that Mr. A. P. Derdeyn has submitted a request to create a new Agricultural/Forestal District totaling 546.04 acres. The properties are:
Tax Map #45-A-19 – 213.60 acres, Tax Map #45-A-17 – 168.00 acres, Tax Map #45-A-5C – 16.97 acres, Tax Map #45-A-5D – 12.20 acres, Tax Map #45-A-11C – 47.05 acres, Tax Map #45-A-4C – 34.25 acres, Tax Map #45-A-4E – 16.82 acres, and Tax Map #45-A-6 – 37.15 acres. The property is located along Davis Creek from Grape Lawn Drive to west of the intersection of Wright Lane and Davis Creek Lane. The Planning Commission is requested to send this application to the Review (Advisory) Committee. Motion was made by Ms. Hunt to pass the following resolution

[2] by the Planning Commission:
The request of Mr. A. P. Derdeyn to create a new Agricultural/Forestal District to be known as Davis Creek Agricultural/Forestal District is referred to the Agricultural/Forestal District Review Committee to report back to the Commission on or before September 28, 2005. Motion was seconded by Ms. Russell and passed 5-0.

Final Subdivision – Jockey’s Ridge
Mr. Boger reported that the final plat for subdividing 34.501 acres into sixteen (16) lots to be known as “Jockey’s Ridge” has been submitted by Mr. John C. Holland, Jr. and Mrs. Heather Goodwin. The property is identified as Tax Map #67-4-19 and located on Diggs Mountain Road (Rt. 668). Soils work has been submitted to the Health Department and is in the process of being reviewed. Several of the proposed drain fields encroach into the utility easements. The utility company and the Health Department must be contacted to see if this encroachment will be a problem in the future. The locations of drain fields for lots #5 & #6 do not agree with the locations identified in the field.    The date of the approval by the Board of Supervisors for an exception for a dry hydrant must be shown on the final plat.

The public hearing was opened, no comments were received, and public hearing was closed.

The Commission expressed concern over the number of issues that are unresolved, including the effect the drainage issues on lots 5 and 6 might have on the total lots to be created. Ms. Russell made a motion to defer Jockey’s Ridge final subdivision plat to the September meeting for resolution of these issues. Mr. Harman provided the second and motion passed 5-0.

Final Subdivision – Lot 6, Spy Rock Subdivision
Mr. Boger reported that Ms. Kathleen Monaghan has submitted a final subdivision plat dividing 17.428 acres into two lots of 8.714 acres each. The property is located at the end of Fish Hatchery Lane and is identified as Tax Map #26-5-6. The only outstanding item is the soils work. Ms. Monaghan indicated by phone that this work had not been requested because she does not have a plan yet for the house sites or a time frame of when the lots will be sold. Also, if Health Department permits are received now, they may expire before they are needed. The Health Department must approve the location of the drain fields and wells before the final plat can be signed.

Mr. Sam Eggleston, Attorney at Law, representing Ms. Monaghan, stated that he was not aware of the issue of soils work until 10 days ago or that a soil scientist would be needed. He suggested that either the plat be approved, contingent on satisfactory soils work, or deferred to the next meeting.

The public hearing was opened.

Massie Saunders, Surveyor stated that soils work, in general, takes about 4-6 months to complete, given the time necessary to contract and schedule with a soils scientist and Health Department delays. It is not something that can be done quickly.

The public hearing was closed.

In view of the fact that the soils work has not been requested as of this time, Mr. Harman made a motion to defer the final subdivision plat review for Lot 6, Spy Rock Subdivision to the September Planning Commission to allow time for soils work to begin. Mr. Bruguiere provided the second, and motion passed 5-0.

Final Subdivision – Property of Marlo G. Allen
Mr. Boger reported that Mr. Massie Saunders, representing Marlo G. Allen, has submitted a final subdivision plat dividing 5.973 acres into 2 lots of 2.1 and 3.9 acres. The property is located on Rockfish Valley Highway and identified as Tax Map #22-A-64F. On August 9, 2005, the Board of Supervisors approved exceptions to Sections 4-7-C and 4-6-C to permit three lots on a private street not built to County Standards, with the condition of no further division of either property. Two remaining items must be addressed: The soils work for the new lot has not been requested, and consequently, not approved by the Health Department. Additional soils work must be done for the existing dwelling to identify the primary septic drain field and the reserve drain field. Mr. Saunders said that there is no soil scientist available at this time.

Mrs. Proulx questioned note #8 on the plat: There shall be no farther division of either lot without approval by the Nelson County Board of Supervisors. She recalls that the proffer made to the Planning Commission did not include “without approval by the Nelson County Board of Supervisors.” This needs to be corrected on the final plat.

The public hearing was opened, there were no comments, and the public hearing was closed.

Mr. Saunders asked whether there was a new requirement that the soils work be at least requested from the Health Department before conditional final subdivision approval is granted. Mr. Boger stated it had always been that way. Mrs. Proulx suggested getting clarification from the County Attorney on the use of the contingency option. Mr. Boger feels it is clear in the current ordinance. Ms. Russell questioned whether it was legal to approval a final subdivision without the soils work being completed and stated that the final plat needs to show the correct proffer.

Ms. Russell made a motion to defer the final subdivision plat for Marlo G. Allen to the September meeting, allowing time for soils work to be requested. Clarification is also needed about the specific details of the proffer as approved by the BOS and the date of the approval, both of which should be shown on the plat. Ms. Hunt provided the second, and motion passed 4-1, with Mr. Bruguiere voting no.

Final Subdivision – Property of Nelson County Habitat for Humanity
Mr. Boger reported that Massie Saunders, Surveyor, representing Habitat for Humanity, has submitted a final subdivision plat for 5.70 acres to be divided into 4 lots ranging in size from 1.248 to 1.464 acres. The property is located on St. James Church Road and identified as Tax Map #64-A-164. The proposed development will be served by public sewer from the Henderson’s Store/Piney River Sewerage system. The sewer lines will have to be constructed to County specifications. Ground water in this area is of questionable quality and should be considered before constructing new dwellings.

The public hearing was opened, there were no comments, and the public hearing was closed.

Mr. Harman made a motion to recommend approval of this plat, as stated in the following resolution
[3] from the Planning Commission:
Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated July 11, 2005, entitled “COMPOSITE PLAT SHOWING A SUBDIVISION OF PROPERTY OF NELSON COUNTY HABITAT FOR HUMANITY” and Staff is authorized to sign the final plat.

The motion was seconded by Ms. Russell and passed 5-0.

Preliminary Subdivision – Rockfish Heights Subdivision
Mr. Boger reported that Winter Wren Partnership, L.L.P., has submitted a preliminary subdivision plat to divide approximately 110 acres into 22 lots with an average density of one dwelling per five acres. The property is located on Spruce Creek Lane approximately 0.9 miles NW of Rockfish Valley Highway and is identified as Tax Map #21-A-22, 23, and part of 24. The soils work must be approved before the final plat is submitted. An entrance permit is required from VDOT and an E&S Control Plan is also required. The developer has indicated that he will be constructing this project in phases. Once the preliminary subdivision plat is approved, a final subdivision plat can be submitted for review and approval for the specific phase to be constructed. Other counties allow this process, which begins a “vested” process. Mrs. Proulx asked that Mr. Boger check with Mr. Payne regarding the phasing of development.

Mr. Harman asked if the lot sizes would change as a result of the phasing process. Mr. Boger said that is possible, but if the changes are not major, it will present no problem. If the preliminary is approved and the property is developed in phases, the stormwater management plan for the entire project must be completed, the Health Department will decided whether soils work may be done in phases, and the roads will also be addressed in phases.

Ms. Russell asked about the stream that is on the property and Mr. Jace Goodling, applicant, stated that a permit for a bridge has been received from Ms. Iseli of the Army Corp. of Engineers. A stream along the property line needs to be identified along with a buffer area. Adjacent property owners’ names must be shown and dry hydrant issues addressed.

The public hearing was opened, there were no comments, and public hearing was closed.

Ms. Russell noted that the phasing process was not addressed on Attachment A. Mr. Boger said it would be shown on the final plat.

Mr. Bruguiere made a motion to approve the preliminary plat as stated in the following resolution
[4] from the Planning Commission:
Approves the preliminary plat entitled “PRELIMINARY PLAT FOR ROCKFISH HEIGHTS” dated April 12, 2005 and revised July 22, 2005.

That Attachment A, entitled “Preliminary Subdivision Review and Approval, Rockfish Heights Subdivision-Route 627, August 16, 2005,” prepared the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.

That this approval of the preliminary subdivision is valid for one year from this date or as may be extended by the Subdivision Ordinance.

The motion was seconded by Mr. Harman and passed 5-0.

Special Permit #2005-003 – Wintergreen Partners, Inc.
Mr. Boger reported that Wintergreen Partners, Inc. is requesting an amendment to the Wintergreen Master Plan by a Special Permit transferring sixty (60) of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the possible development of 142 platted lots. The subject property is identified as the “Plat showing Crawford’s Knob Parcel, 1,422.888 Acres, From Wintergreen Development, Inc. to Wintergreen Partners, Inc, Wintergreen, Nelson County, Virginia,” dated August 9, 1984, recorded August 31, 1984 with the Clerk of Nelson County Circuit Court and found in Plat Book 15, page 25. The property is part of the property identified as Tax Map 11-A, Parcel 2. As required by Section 7-2, the applicant has submitted a schematic preliminary plan showing the proposed development of the property which would be a subdivision containing 142 lots.

Mr. Brent Douglass, Director of Development for WPI, notified the Commission by letter that there are two options being explored: 1) development of 142 lots on the property; or 2) conservation easement. Mr. Boger stated that in order to amend the Wintergreen Master Plan, an ordinance is required. A letter had been received from Sheila Gasperson, Land Resources Specialist with the Blue Ridge Parkway, stating that the greatest visual impact of this project is from Humpback Mountain. The Appalachian Trail looks down into this area.

Mr. Douglass said that the action of amending the Wintergreen Master Plan and transferring the requested development units pertains to planning the future use of the 1422 acre tract known as Crawford’s Knob. It is currently zoned for low-density single family homes; however, the granting of a conservation easement is being considered and has been announced to the public. There are significant financial implications associated with either option. There are 83 units available and 142 are needed, for a difference of 59 units. These units must be approved before any further action can be taken. The conservation easement without the transfer becomes less economically viable. He reiterated that this request is not a signal that development within Crawford’s Knob is a certainty. The conservation easement option is being strongly considered. Also, WPI is requesting that the units be transferred within the Master Plan, not added to it, which will result in the density within the remaining areas of Wintergreen being reduced. He urged the support of the Planning Commission.

Mr. Bruguiere asked about the advantages of the conservation easement and Mr. Douglass stated there are tax benefits by donating the easement which restricts the property from future development. Mr. Harman asked what will happen to the 60 development units if the conservation easement option is chosen. Mr. Douglass said that all 142 will go away, which will reduce the overall density within Wintergreen.

The public hearing was opened.

Russell Otis – Wintergreen Property Owners Association endorsed the transfer of the development rights and said the WPOA was in agreement.

Doug Coleman – Co-Director of Nature Foundation said the conservation easement would protect the mountain range to the North, as well as local wildlife and wetlands. The timing is right to go the conservation easement route which will give a greater chance of preserving Crawford’s Knob. The ecosystem is significant.

Tony Troy – Chairman of Wintergreen Nature Foundation said he was in favor of this action. Of the two alternatives, the W.N.F. is working to insure the conservation easement becomes a reality. There is a need for the additional 60 lots, and if they’re not added, the financial impact of tax credits becomes less viable. This is a win-win situation. He urged an affirmative vote from the PC, the BOS and the State.

Laura Bellville of the Appalachian Trail said that the best use is the conservation easement. Because of the property’s proximity to the Appalachian Trail, the area needs to be protected. She urges the PC to carefully consider this win-win situation.

The public hearing was closed.

Mrs. Proulx clarified that the application requests transfer of development rights from Single-Family Mountain to Single-Family Wilderness. Mr. Bruguiere feels this has far-reaching positive implications for the County. The conservation easement would be a win-win solution.

Mr. Bruguiere made a motion to adopt the following resolution[5] <#_ftn5> from the Planning Commission:

Recommends to the Board of Supervisors approval of the ordinance to amend the Wintergreen Master Plan and the special permit transferring 60 of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the possible development of 142 platted lots according to the schematic plan entitled “Crawford’s Knob Subdivision”, dated February 23, 2005.

That Attachment A, entitled “Wintergreen Master Plan Amendment and Special Permit to Transfer 60 Development units,” dated August 17, 2005, prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.

Ms. Russell provided the second and motion passed 5-0.

Site Plan #2005-005 – Wintergreen Associate Housing
Mr. Boger reported that Wintergreen Partners, Inc. has submitted the final plan for construction of Wintergreen Associate Housing on a site adjacent to parking lot “F” on Wintergreen Drive across from the Wintergreen Fire Station. The development will consist of three buildings with a total of 17 apartments (Bldg. C – 9 units, Bldg. B – 6 units, and Bldg. A – 2 units). The project site is in an area designated as Multiple-Family Residential Sector – MR. The maximum allowable density in this Sector is fifteen dwelling units per acre. The site will be served with public water and sewer provided by the Nelson County Service Authority.   (See file for additional information from the Service Authority.) The E & S control plan was previously approved for this project, but has expired since construction did not commence within the 180 day approval window. Consequently, it must be reviewed again. The developer needs to submit verification that there are enough development rights available for the project. As soon as this information is provided, the final plan can be approved.

Mr. Brent Douglass, Director of Development for WPI, showed a sketch of the building’s exterior and stated that there would be 16 apartments, 3 bedrooms each and an apartment for the manager. Plans have been shared with WPOA.

Ms. Russell made a motion to adopt the following resolution
[6] from the Planning Commission:
Approves the Final Plan entitled “Wintergreen Associate Housing, Nelson County, Virginia”, dated May, 2004, revised August 5, August 24 and October 18, 2004.

That Attachment A, entitled “Review and Approval of Final Plan Wintergreen Associate Housing,” dated August 16, 2005, prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.

Ms. Hunt provided the second and motion passed 5-0.

Other Business:
Mr. Bruguiere and Mr. Boger gave the Planning Commission an update on BOS action on High Country Associates’ Special Use Permit #2005-001. Ms. Russell expressed concern that the public was not given an opportunity to view and comment on the proposal the BOS heard at their August meeting, which was very different from the proposal heard at the public hearing before the PC. The BOS had the discretion to hold a public hearing on the new request or return it to the PC if it was different from the original proposal. She thought public comment should have been permitted.

Mr. Boger said that in the future, site plan reviews will be public hearing items, as recommended by County Attorney, Phil Payne.

Adjournment: At 10:00 P. M. Ms. Russell made a motion to adjourn, Ms. Hunt provided the second and motion passed 5-0.

Next Meeting: September 28, 2005

Respectfully submitted,

Betty Fortune
Planning Secretary

Note: Signed copies of Resolutions are located in the Planning Office.

A RESOLUTION
REFERRING APPLICATION TO ADD
PROPERTIES TO THE DUTCH CREEK
AGRICULTURAL/FORESTAL DISTRICT

WHEREAS, Mr. W.A. Wright has filed a request to add 3 additional properties comprising approximately 221 acres to the Dutch Creek Agricultural/Forestal District; and

WHEREAS, the Planning Director has referred the request to the Planning Commission on August 24, 2004 and requested it be referred to the Agricultural/Forestal District Review Committee,

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION, as follows:

1.     The request of Mr. W. A. Wright to add three (3) properties to the Dutch Creek Agricultural/Forestal District is referred to the Agricultural/Forestal District Review Committee to report back to the Commission on or before September 28, 2005.

Motion made by Commissioner: Thomas Bruguiere

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 5-0

APPROVED:________________________
Chair

ATTEST: ___________________________
Planning Commission Secretary

A RESOLUTION
REFERRING APPLICATION TO CREATE THE
DAVIS CREEK AGRICULTURAL/ FORESTAL DISTRICT

WHEREAS, Mr. A.P. Derdeyn filed a request to create a new Agricultural/Forestal District to be known as the Davis Creek Agricultural/Forestal District along Davis Creek from Grape Lawn Drive to west of the intersection of Wright Lane with Davis Creek Lane; and

WHEREAS, the Planning Director has referred the request to the Planning Commission on August 24, 2004 and requested it be referred to the Agricultural/Forestal District Review Committee,

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION, as follows:

1.     The request of Mr. A. P. Derdeyn to create a new Agricultural/Forestal District to be known as Davis Creek Agricultural/Forestal District is referred to the Agricultural/Forestal District Review Committee to report back to the Commission on or before September 28, 2005.

Motion made by Commissioner: Emily Hunt

Motion seconded by Commissioner: Linda Russell

Motion Passed: 5-0                                          APPROVED:________________________
Chair
                                                            ATTEST:____________________________
Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR
NELSON COUNTY HABITAT FOR HUMANITY

WHEREAS, Mr. P. Massie Saunders, Land Surveyor, representing Nelson County Habitat for Humanity has filed a final subdivision plat with the Nelson County Planning Department to divide 5.70 acres into 4 lots, said plat entitled “COMPOSITE PLAT SHOWING A SUBDIVISION OF PROPERTY OF NELSON COUNTY HABITAT FOR HUMANITY”, July 11, 2005; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on August 4 and August 11, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, the Director of Planning has informed the Planning Commission that each lot will be served by public sewer from the Henderson’s Store/Piney River Sewerage system and individual wells.

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

1.     Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated July 11, 2005, entitled “COMPOSITE PLAT SHOWING A SUBDIVISION OF PROPERTY OF NELSON COUNTY HABITAT FOR HUMANITY” and staff is authorized to sign the final plat.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed: 5-0

APPROVED: __________________________
                                                                                                CHAIR

ATTEST: _____________________________
Planning Commission Secretary


A RESOLUTION
APPROVING THE PRELIMINARY
SUBDIVISION PLAT FOR
ROCKFISH HEIGHTS

WHEREAS, Mr. Jace Goodling, representing Winter Wren Partnership, LLC, has filed a preliminary subdivision plat with the Nelson County Planning Department to divide 110 acres into 22 lots, said plat entitled “PRELIMINARY PLAT FOR ROCKFISH HEIGHTS”, April 12, 2005 and Revised July 22, 2005; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on August 4 and August 11, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, the Director of Planning presented to the Commission the staff report, including a checklist showing compliance with the submittal requirements for a preliminary plat and items that are required for the final plat submission, and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the developer,

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

1       Approves the preliminary plat entitled “PRELIMINARY PLAT FOR ROCKFISH HEIGHTS” dated April 12, 2005 and revised July 22, 2005.
2.     That Attachment A, entitled “Preliminary Subdivision Review and Approval, Rockfish Heights Subdivision-Route 627, August 16, 2005,” prepared the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.
3.     That this approval of the preliminary subdivision is valid for one year from this date or as may be extended by the Subdivision Ordinance.

Motion made by Commissioner: Thomas Bruguiere
Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0
APPROVED: __________________________
                                                                                                CHAIR ATTEST: ____________________________
                                                                           Planning Commission Secretary


A RESOLUTION
RECOMMENDING APPROVAL OF AN
ORDINANCE APPROVING THE AMENDMENT OF THE
WINTERGREEN MASTER PLAN AND SPECIAL PERMIT
TRANSFERRING DEVELOPMENT UNITS

WHEREAS, Mr. C. Brent Douglass, representing Wintergreen Partners, Inc. has filed a request to amend the Wintergreen Master Plan with a Special Permit to transfer 60 of the development units from the Mountain-Single Family category to the Wilderness-Single Family category for the possible development of 142 platted lots; and

WHEREAS, Mr. Douglass has submitted the required schematic plan, entitled Crawford’s Knob Subdivision, dated February 23, 2005 as part of this request; and

WHEREAS, in accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Section 15.2-2204, Section 15.2-2285 and Section 15.2-2310, a notice of Public Hearing for the review of the proposed amendment to the Wintergreen Master Plan and Special Permit was published in the Nelson County Times on August 4 and August 11, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission held the required public hearing on said amendment and special permit; and

WHEREAS, the Director of Planning presented to the Commission the staff report, including a checklist showing compliance with the submittal requirements for a preliminary plat and items that are required for the final plat submission; and

WHEREAS, the Commission has considered the Planning Director’s report, comments from the public in attendance at the public hearing and comments from the developer,

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

1.     Recommends to the Board of Supervisors approval of the ordinance to amend the Wintergreen Master Plan and the special permit transferring 60 of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the possible development of 142 platted lots according to the schematic plan entitled “Crawford’s Knob Subdivision”, dated February 23, 2005.
2.     That Attachment A, entitled “Wintergreen Master Plan Amendment and Special Permit to Transfer 60 Development units,” dated August 17, 2005, prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.

Motion made by Commissioner: Thomas Bruguiere

Motion seconded by Commissioner: Linda Russell

Motion Passed: 5-0
APPROVED: __________________________
                                                                                                                                CHAIR ATTEST: _____________________________
                                                                                                Planning Commission Secretary

A RESOLUTION
APPROVING THE FINAL PLAN
WINTERGREEN ASSOCIATE HOUSING

WHEREAS, Mr. Rob Turner, Turner Wicks Construction, representing Wintergreen Partners, Inc., has filed the Final Plan for Wintergreen Associate Housing to construct three (3) buildings with a total of seventeen (17) apartments on a site adjacent to parking lot “F”, Wintergreen Drive, across from the Wintergreen Fire Station, said plan being dated May, 2004, revised August 5, August 24 and October 18, 2004; and

WHEREAS, a notice to adjacent property owners was mailed on August 15, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission reviewed the application; and

WHEREAS, the Director of Planning presented to the Commission the staff report on the Final Plan for Wintergreen Associate Housing; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the developer,

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

1.   Approves the Final Plan entitled “Wintergreen Associate Housing,                   Nelson County, Virginia”, dated May, 2004, revised August 5, August                      24 and October 18, 2004.
2.     That Attachment A, entitled “Review and Approval of Final Plan Wintergreen Associate Housing,” dated August 16, 2005, prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 5-0
APPROVED: __________________________
CHAIR ATTEST: _____________________________
                                                                                    Planning Commission Secretary

[1] Resolution – Dutch Creek Agricultural/Forestal District

[2] Resolution – Davis Creek Agricultural/Forestal District

[3] Habitat for Humanity Resolution

[4] Rockfish Heights Resolution

[5] WPI Resolution

[6] Wintergreen Associate Housing Resolution