Planning: October 26, 2005

October 26, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
October 26, 2005

Present: Mr. Michael Harman, Mrs. 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 Circuit Court Room of the County Courthouse.

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

Other Business:
Mr. W. A. Wright reported on behalf of the Agricultural and Forestal District Advisory Committee regarding the addition of four (4) properties to the Dutch Creek Agricultural and Forestal District. The Committee toured the property on September 12, 2005, and recommends that the application be forwarded to the Board of Supervisors for approval. Since that time, three additional property owners have applied for inclusion in the District, bringing the total additional acreage to 394.98. The application has been revised and the AFD map updated. Mr. Wright is the point of contact for this District.

Mr. W. A. Wright also reported on the creation of the Davis Creek AFD which is comprised of eight (8) properties totaling 546.04 acres. This area was also toured by the Committee on September 12, 2005, and recommends that the application be forwarded to the BOS for approval. Mr. Andre′ Derdeyn is the point of contact for this District.

1. Final Subdivison Approval – Jockey’s Ridge
Mr. Boger reported that Mr. John C. Holland, Jr. and Mrs. Heather Goodwin have submitted a final subdivision plat to divide 34.50 acres into 16 lots on Diggs Mountain Road, Arrington, Tax Map #67-4-19. The Health Department has approved the soils work, dry hydrant location has been placed on the plat, and Staff recommends approval of the plat. Mrs. Rhonda Holland was present to represent the applicants.

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

Mr. Bruguiere made a motion to recommend approval of this plat, as stated in the following resolution from the Planning Commission:

Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated February 9, 2005 and revised March 9, 2005, entitled “Plat Showing Jockey’s Ridge,” contingent upon the Health Department’s approval of the soils work for the well and septic drain field locations, and Staff is authorized to sign the final plat once said approval is received.

Mr. Harman provided the second, and Mr. Bruguiere amended the Resolution to include a second revision date of the plat and remove the contingency. The amended Resolution states:

Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated February 9, 2005 and revised March 9, 2005 and September 19, 2005, entitled “Plat Showing Jockey’s Ridge.” Staff is authorized to sign the final plat once BOS approval is received.

Mr. Harman again provided the second and motion passed 5-0.

2. Final Subdivision Approval – Division of Lot No. 6, Spy Rock Subdivision
Mr. Boger reported that Ms. Kathleen Monoghan has submitted a final subdivision plat to divide lot #6, Spy Rock Subdivision, 17.438 acres, into two lots of 8.714 acres each, Tax Map #26-5-6. All requirements for the plat have been met, with the exception of the soils work; however, a letter has been received from Mr. Roger Nelson, AOSE, stating that the work has been done and meets Health Department standards. The final survey will be submitted to the Planning Department as soon as it is completed. Staff recommends approval of the plat, contingent upon receipt of the final survey.

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

Mrs. Hunt made a motion to recommend approval of this plat, as stated in the following Resolution from the Planning Commission:

Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated June 2, 2005, entitled “A Plat of The Division of Lot No. 6, Spy Rock Subdivision, Near Montebello, Surveyed for Kathleen Monaghan,” contingent upon the revised survey being received which shows the soils work approval.

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

3. Final Subdivision Approval – Division of Property of Marlo Gayle Allen
Mr. Boger reported that Marlo G. Allen is requesting the division of 5.973 acres into two lots of 2.1 and 3.9 acres, respectively. The property is located on Rockfish Valley Highway, Tax Map #22-A-64F. This was brought before the PC because Ms. Allen had used her one-time division right. Mr. Massie Saunders, Surveyor, has met all the requirements for the plat and wording has been added regarding the BOS approval of an exception for the road. Staff recommends approval of this plat.

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

Ms. Russell made a motion to recommend approval of this plat, as stated in the following Resolution from the Planning Commission:

Recommends to the Nelson County Board of Supervisors approval of the final subdivision plat, dated July 13, 2005, entitled “A COMPOSITE DRAWING SHOWING A SUBDIVISION OF THE PROPERTY OF MARLO GAYLE ALLEN” located on Rockfish Valley Highway.

That the final subdivision plat can be signed by staff when the plat is revised to show the date of the Board of Supervisor approval of the road exception, August 9, 2005, and approved by the BOS.

Mr. Bruguiere provided the second and motion passed 5-0.

4. Rezoning #2005-003 – Judy Barnes/Larry Whitaker
Mr. Boger reported that Ms. Judy Barnes and Mr. Larry Whitaker are requesting to rezone approximately one (1) acre of land in front of the former Lovingston Manufacturing building, located at 8230 Thomas Nelson Highway, from Limited Manufacturing, M-1, to Business, B-1. They anticipate this parcel will be used as a restaurant. Property adjacent on both sides of the lot are zoned B-1, and normally Staff would recommend that the whole strip in front of the building be rezoned, but that seems unnecessary since the building is already zoned M-1. Staff has no objections to rezoning this area as requested. Mr. Whitaker was present to answer questions from the Commission.

Ms. Russell asked Mr. Boger if the entire area will be rezoned to Town Center under the proposed ordinance. He stated it would be, and that there are other uses in the building now (harness repair) and eventually there will be a bookstore, etc. The building is being occupied and being well maintained. Ms. Proulx asked Mr. Whitaker why the request was for part of the front parcel rather than the entire front. He replied that he wanted to keep the necessary 100’ of road frontage for the back parcel.

The public hearing was opened.

Allen Cook asked which area was to be rezoned and was told that it was to the right of the existing driveway. Mr. Cook is opposed to the rezoning because of safety concerns. He showed photographs of traffic moving in the area, north and southbound, and discussed how difficult it would be for cars to get into and out of the driveway without incident, due to the increased 60 mph speed limit. There is also concern about the cross-over where up to three cars can be waiting to cross the highway. Mr. Cook proposed a two-fold solution: (1) Ask VDOT to lower the speed limit to 35 or 45 mph starting at the day care center; and (2) install acceleration and deceleration lanes. Another option might be to put the restaurant inside the building rather than creating two empty buildings – the vacated restaurant and the partially empty applicant’s building. There is also concern about loitering around the property, trash, noise, etc. which will be detrimental to the entire community. If this site plan is approved, the building should be set back a minimum of 200 feet and signage can be used to identify the business.

The public hearing was closed.

Mr. Boger responded that VDOT has been consulted about the deceleration lane and that the changing of speed limits requires State legislation approval. Mr. Bruguiere stated that if a traffic light is placed further down the road at the Callohill Drive intersection, there would probably be a flashing light warning of the upcoming red light. It has not been decided where that light will be placed since they’re installed based on the distance from the actual traffic light. Mr. Boger said that the Board of Supervisors has issued a Resolution requesting a further reduction in the speed limit in this area.

Mr. Harman questioned whether one acre is large enough for a restaurant, parking, handicapped access, etc., and whether the applicant’s property would also be used for parking. Mr. Boger responded that the owner would make that decision. Mrs. Proulx stated that the traffic issues brought up by Mr. Cook are very relevant and that she is uncomfortable with the rezoning without knowing VDOT’s requirements and whether there is sufficient room for parking. Ms. Russell said she would prefer that rezoning to B-1 extend across the front of the entire parcel. When the proposed zoning ordinance is enacted, all of this property will carry the same designation. Water and sewer has been added to encourage business in this area. Mr. Harman, Mr. Bruguiere, and Mrs. Proulx agreed, taking into consideration the issues with VDOT. When the site plan is done, it will be determined whether further rezoning is needed. The project engineer will determine if one acre is sufficient. Ms. Russell said that Mr. Whitaker is aware of the possibility of needing further rezoning and will come back to the Planning Commission if this becomes necessary.

Ms. Russell made a motion to recommend approval of this rezoning, as stated in the following resolution from the Planning Commission:

Recommends to the Nelson County Board of Supervisors approval of the ordinance to rezone approximately one (1) acre of land located at 8230 Thomas Nelson Highway as shown on the survey submitted as part the petition from Limited Manufacturing, M-1, to Business, B-1; and

That the Zoning Map for Nelson County is hereby amended to reflect this change in zoning for said property and the Planning Director is authorized to make the necessary change to the Zoning Map.

Mr. Harman provided the second and motion passed 4-1, with Mrs. Proulx voting against the rezoning because she felt it was spot-zoning.

5. Site plan #2005-006 – Royal Oaks
Mr. Boger reported that Mr. Keith Smith, owner, has submitted a revised site plan for an amendment to Phase 1 and a new Phase 2 to reflect changes in the overall concept for Royal Oaks. Instead of being marketed only as a facility for overnight lodging, the owner is now marketing it for group activities and events such as weddings. The proposed changes will be a 3200 s.f. social hall/assembly area in Phase 1 and five (5) one-bedroom cabins and 8 three-bedroom chalets in Phase 2. There is a 33 year old sanitary system in place and the owner proposes to install a new engineered system. He is working with the Health Department and Building Inspections office to determine if construction can begin as soon as the revised site plan is approved. A revised E & S control plan has been submitted to the Thomas Jefferson Soil and Water Conservation District Office in Charlottesville for approval. Once the plan is approved, the appropriate E & S bond must be posted with the Building Official’s office and a Land Disturbing Permit obtained. Staff has no objection to approving the site plan with the contingency that E & S and Health Department approvals must be received prior to the start of construction.

Applicant Keith Smith said that his business has increased and at the present time tents are being used for weddings. Terra Development Corp. is working on a revised sewer system at this time. They are aware that the current drainage area is insufficient. John Davis is working on the E & S plan.   There is only one 3-bedroom unit on the property now and it is in great demand. Most wedding guests are from out of state and are staying at local bed and breakfast facilities. Being able to provide accommodations will increase his business and provide additional tax money to the County.

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

Ms. Russell pointed out that the survey shows 7.5 acres instead of the 17.66 acres of this property. She feels this is an excellent use of this property, but would like to see the report from the Health Department prior to approval. Mr. Bruguiere said that all the work has been requested but not completed at this time, which is different from previous requests which were denied because the soils work had not been requested at the time of the PC review.   Mr. Smith said he is aware that regulations have changed and that the present septic system is not adequate. Mr. Smith is confident there is enough area available to locate the main sewer system; the reserve system may have to be relocated.

Mr. Harman made a motion to recommend approval of the site plan, as stated in the following resolution from the Planning Commission:

Approves Site Plan #2005-006, entitled “Final Site Plan (Phase 2)”, dated October 30, 1006, revised August 15, August 29 and August 31, 2005 contingent upon final approval of the E & S Plan.

Mrs. Hunt provided the second and Mr. Harman amended the Resolution to correct the plat date and to add contingency of Health Department approval. The amended Resolution states:

Approves Site Plan #2005-006, entitled “Final Site Plan (Phase 2)”, dated October 30, 1996, revised August 15, August 29 and August 31, 2005 contingent upon final approval of the E & S Plan and Health Department approval.

Mrs. Hunt provided the second and motion passed 4-1, with Ms. Russell voting against approval of the site plan.

6. Agricultural and Forestal District Addition – Dutch Creek
Mr. Boger reported that Staff concurs with the AFD Advisory Committee’s request to add 394.98 acres to the existing Dutch Creek AFD. Property owners have placed conditions on themselves as stated in the Resolution. If large subdivisions are proposed for this area, the AFD should be taken into consideration. Since the original application, several parcels have been added. A revised list of participants follows:
1)   Tax Map #60-A, Parcel 25, 111.961 acres, Carol C. Bauer, property owner
2)   Tax Map #60-A, Parcel 33, 9.76 acres, Janet L. & Thomas Cabrera, property owners.
3)   Tax Map #59-A, Parcel 22, 102.0 acres, Richard Barclay, property owner
4)   Tax Map #60-A, Parcel 28, 15.0 acres, Chapin Wilson & Janice Jackson, property owners, by boundary adjustment
5)   Tax Map #59-A, Parcel 46, 50.0 acres, I. Blair Clark, Jr., property owner
6)   Tax Map #60-A, Parcel 23, 59.26 acres, Carl E. & Isabelle H. Stevens, property owners
7)   Tax Map #60-A, Parcel 68, 47.0 acres, Robert & Sherry W. Robinson, property owners
(Additions to the original application are 59-A-46, 60-A-23, and 60-A-68.)

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

Ms. Russell made a motion to refer the Dutch Creek AFD application to the Board of Supervisors, as stated in the following resolution from the Planning Commission:

   Recommends adoption of an ordinance adding 394.98 acres to the Dutch Creek    Agricultural and Forestal District as proposed with the conditions (restrictions)    as    stated in the application which each property owner voluntarily agreed to place on    his and/or her property.

Mr. Harman provided the second, and motion passed 5-0.

7. Agricultural and Forestal District Creation – Davis Creek

Mr. Andre Derdeyn has filed an application to create the Davis Creek Agricultural and Forestal District along Davis Creek from Grape Lawn Drive to just west of the intersection of Wright Lane with Davis Creek Lane. The new District will consist of the following properties:

1)   Tax Map #45-A, Parcel 19, 213.60 acres, Andre′ & Marie Jose Derdeyn, property owners
2)   Tax Map #45-A, Parcel 17, 168.00 acres, Andre′ & Marie Jose Derdeyn, property owners
3)   Tax Map #45-A, Parcel 5C, 16.97 acres, A. Jackson Boylan, property owner
4)   Tax Map #45-A, Parcel 5D, 12.20 acres, Helene R. & John R. Dodge, property owners
5)   Tax Map#45-A, Parcel 11C, 47.05 acres, Virginia M. & Jay C. Coleman, property owners
6)   Tax Map #45-A, Parcel 4C, 34.25 acres, Lois A. Werner, Trustee, property owner
7)   Tax Map #45-A, Parcel 4E, 16.82 acres, Lois A. Werner, Trustee, property owner
8)   Tax Map #45-A, Parcel 6, 37.15 acres, Yvette D. & Walter M. White, property owners

The total acreage of the proposed district is 546.04 acres. The AFD Advisory Committee met on September 6th to review and discuss the application and their determination is included in the Staff file. Staff also recommends approval of the creation of this District.

Mr. W. A. Wright represented this District in Mr. Derdeyn’s absence.

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

Ms. Russell made a motion to refer the Davis Creek AFD application to the Board of Supervisors, as stated in the following resolution from the Planning Commission:

   Recommends adoption of an ordinance creating the Davis Creek Agricultural and Forestal    District as proposed with the conditions (restrictions) as stated in the application which each    property owner voluntarily agreed to place on his and/or her property.

Mrs. Hunt provided the second, and motion passed 5-0.

Other Business – Discussion of Proposed Site Plan for Blue Ridge Medical Center

Mr. Boger reported that Blue Ridge Medical Center has asked for comments from the PC regarding the amendment of Site Plan #97-16 to place temporary quarters for office staff at the northern corner of the existing site and to relocate one storage building and add another to the existing area. The temporary office space will free up additional examination/consultation rooms in the existing building. Mr. Boger presented a rough drawing which had been submitted by Peggy Whitehead, Executive Director of BRMC.

Mr. Bruguiere made a motion to give Mr. Boger authorization to approve amendment of the site plan relative to these temporary quarters. Mr. Harman provided the second and motion passed 5-0.

Adjournment
At 9:30 P. M. Ms. Russell made a motion to adjourn, Mr. Harman provided the second, and motion passed 5-0.

Next Meeting: November 30, 2005

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR
JOCKEY’S RIDGE SUBDIVISION

WHEREAS, Howard L. Vance, Land Surveyor, representing Mr. John C. Holland, Jr., ET AL, has filed a final subdivision plat with the Nelson County Planning Department to divide 34.50 acres into 16 lots, said plat entitled “Plat Showing Jockey’s Ridge,” dated February 9, 2005, revised March 9, 2005 and September 19, 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 October 6 and October 13, 2005; and

WHEREAS, on October 26, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, the Director of Planning informed the Planning Commission that the required soil work for this subdivision has been submitted to the Health Department and has been approved by said Department;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION AS FOLLOWS:

Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated February 9, 2005 and revised March 9, 2005 and September 19, 2005, entitled “Plat Showing Jockey’s Ridge.” Staff is authorized to sign the final plat once BOS approval is received.

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 THE FINAL
SUBDIVISION PLAT FOR LOT #6
SPY ROCK SUBDIVISION

WHEREAS, Ms. Kathleen Monaghan has filed a final subdivision plat with the Nelson County Planning Department to divide Lot #6, Spy Rock Subdivision, said plat being dated June 2, 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 October 6 and October 13, 2005; and

WHEREAS, on October 26, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, on September 28, 2005 the Planning Director informed the Planning Commission that the soils scientist, Roger Nelson, has submitted a letter stating that soil conditions meet current Health Department standards for the installation of a subsurface sewage disposal system, the existing dwelling drainfield appears to be functioning properly, and the revised survey will be submitted;

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

Recommends to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated June 2, 2005, entitled “A Plat of The Division of Lot No. 6, Spy Rock Subdivision, Near Montebello, Surveyed for Kathleen Monaghan,” contingent upon the revised survey being received which shows the soils work approval.

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 MARLO GAYLE ALLEN

WHEREAS, P. Massie Saunders, Land Surveyor, representing Ms. Marlo Gayle Allen, has filed a final subdivision plat with the Nelson County Planning Department to divide 5.973 acres located on Rockfish Valley Highway into two lots, said plat being dated July 13, 2005; and

WHEREAS, on August 9, 2005 the Nelson County 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 without approval of the Board of Supervisors; 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 October 6 and October 13, 2005; and

WHEREAS, on October 13, 2005, the soils report was submitted to the Health Department and approved by letter dated October 26, 2005;

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

Recommends to the Nelson County Board of Supervisors approval of the final subdivision plat, dated July 13, 2005, entitled “A COMPOSITE DRAWING SHOWING A SUBDIVISION OF THE PROPERTY OF MARLO GAYLE ALLEN” located on Rockfish Valley Highway.

That the final subdivision plat can be signed by staff when the plat is revised to show the date of the Board of Supervisor approval of the road exception, August 9, 2005, and approved by the BOS.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Thomas Bruguiere

Motion Passed:   5-0               APPROVED: __________________________
                                            CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF AN
ORDINANCE AMENDING THE
NELSON COUNTY ZONING MAP

WHEREAS, Mr. Larry Whitaker and Ms. Judy Barnes have filed a petition to rezone approximately one (1) acre of land on the northwest corner of their property located at 8230 Thomas Nelson Highway from Limited Manufacturing, M-1, to Business, B-1, generally known as the former Lovingston Manufacturing site and further identified as Tax Map #67-A, Parcel 27; and

WHEREAS, the petitioners have submitted a copy of a survey for the entire property and identified the area to be rezoned; 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 consideration of the rezoning petition was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, on October 26, 2005, the Nelson County Planning Commission held the required public hearing on said rezoning petition; and

WHEREAS, the Director of Planning presented to the Commission the staff report; 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 petitioners;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:
Recommends to the Nelson County Board of Supervisors approval of the ordinance to rezone approximately one (1) acre of land located at 8230 Thomas Nelson Highway as shown on the survey submitted as part the petition from Limited Manufacturing, M-1, to Business, B-1; and

That the Zoning Map for Nelson County is hereby amended to reflect this change in zoning for said property and the Planning Director is authorized to make the necessary change to the Zoning Map.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman

Motion Passed: 4-1           APPROVED: __________________________
                               CHAIR
                   ATTEST: _____________________________
                                                           Planning Commission Secretary
                                                                            A RESOLUTION
APPROVING THE SITE PLAN
FOR AMENDING PHASE I AND BEGINNING PHASE II
OF “ROYAL OAKS”

WHEREAS, Mr. Keith Smith, owner, has filed the Site Plan for “Royal Oaks” to add a social hall/assembly area to the present Phase 1 area and construct five 1-bedroom cabins, eight 3-bedroom chalets in Phase 2, said plan being dated October 30, 1996, revised August 15, August 29 and August 31, 2005; and

WHEREAS, the E & S Plan for Phase 2 dated October 6, 2005 has been submitted to the Thomas Jefferson Soil and Water Conservation District Office in Charlottesville, Virginia; and

WHEREAS, notice of public hearing was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on October 17, 2005; and

WHEREAS, on October 26, 2005, the Nelson County Planning Commission reviewed the application; and

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

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

Approves Site Plan #2005-006, entitled “Final Site Plan (Phase 2)”, dated October 30, 1996, revised August 15, August 29 and August 31, 2005 contingent upon final approval of the E & S Plan and Health Department approval.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 4-1           APPROVED: __________________________
                               CHAIR

                   ATTEST: _____________________________
                                        Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF AN ORDINANCE ADDING TO
THE DUTCH CREEK AGRICULTURAL AND FORESTAL DISTRICT

WHEREAS, Mr. W. A. Wright has filed an application to add to the Dutch Creek Agricultural and Forestal District; and

WHEREAS, the addition will consist of the following properties:

1)   Tax Map #60-A, Parcel 25   111.961 acres   Carol C. Bauer, property owner
2)   Tax Map #60-A, Parcel 33   9.76 acres   Janet L. & Thomas Cabrera,                                property owners
3)   Tax Map #59-A, Parcel 22      102.0   acres   Richard Barclay, property owner
4)   Tax Map #60-A, Parcel 28      15.0 acres   Chapin Wilson & Janice Jackson,                            property owners
   (Mr. Wilson and Ms. Jackson’s property is already in the Dutch Creek    Agricultural and Forestal District. The 15 acres is being added to the District as a    boundary adjustment.)
5)   Tax Map #59-A, Parcel 46   50.0 acres   I. Blair Clark, Jr., property owner
6)   Tax Map #60-A, Parcel 23   59.26 acres   Carl E. & Isabelle H. Stevens,                            property owners
7)   Tax Map #60-A, Parcel 68   47.0 acres   Robert & Sherry W. Robinson,                            property owners

WHEREAS, the total acreage of the addition to the District will be 394.98 acres; and

WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section X-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:

a.   No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production;
      b.   Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District for at least until the time of the next scheduled District renewal; and
c.   Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
d.   Membership in this AFD does not preclude building a home on land on which no structure exists, or construction of guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations.
e.   The period before first review is five (5) years; and

WHEREAS, on July 6, 2005, the Nelson County Planning Department referred the application to the Nelson County Board of Supervisors; and

WHEREAS, on July 13, 2005, the Nelson County Board of Supervisors referred the application to the Nelson County Planning Commission; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Advisory Committee; and

WHEREAS, the Agricultural and Forestal Advisory Committee met on September 6, 2005 to review and discuss the application; and

WHEREAS, the Agricultural and Forestal Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for designation as an Agricultural and Forestal District and recommends the creation of the Davis Creek Agricultural Forestal District as proposed; and

WHEREAS, on October 4, 2005 letters were mailed first to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on October 26, 2005 for the Planning Commission and on December 13, 2005 for the Board of Supervisors; and

WHEREAS, pursuant with Section 15.2-4311 of the Code of Virginia, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and

WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15-2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on October 6, 2005 and October 13, 2005; and

WHEREAS, pursuant to Section 15.2-4307 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed district on October 14, 2005; and

WHEREAS, on October 26, 2005 the Nelson County Planning Department and the Agricultural and Forestal Advisory Committee presented to the Commission their reports recommending approval of the application as proposed; and

WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on October 26, 2005 to receive comments from the public on the proposed Agricultural and Forestal District; and

WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Advisory Committee’s recommendation, and considering comments from the public, it is the Commission’s finding that there are significant agricultural and forestal lands within the proposed district and that they meet the requirements for designation as an Agricultural and Forestal district;

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

   Recommends adoption of an ordinance adding 394.98 acres to        the Dutch Creek Agricultural and Forestal District as proposed    with the conditions (restrictions) as stated in the application which    each property owner voluntarily agreed to place on his and/or her        property.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0           APPROVED:__________________________
                                         CHAIR

                   ATTEST:____________________________
                                    Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF AN ORDINANCE CREATING
THE DAVIS CREEK AGRICULTURAL AND FORESTAL DISTRICT

WHEREAS, Mr. Andre Derdeyn has filed an application to create the Davis Creek Agricultural and Forestal District along Davis Creek from Grape Lawn Drive to just west of the intersection of Wright Lane and Davis Creek Lane; and

WHEREAS, the new District will consist of the following properties:

1)   Tax Map #45-A, Parcel 19   213.60 acres   Andre & Marie Jose Derdeyn,                            property owners
2)   Tax Map #45-A, Parcel 17   168.00 acres   Andre & Marie Jose Derdeyn,                            property owners
3)   Tax Map #45-A, Parcel 5C      16.97   acres   Jackson A Boylan, property owner
4)   Tax Map #45-A, Parcel 5D      12.20 acres   Helene R. & John R. Dodge,                                property owners
5)   Tax Map #45-A, Parcel 11C      47.05   acres   Virginia M. & Jay C. Coleman,                            property owners
6)   Tax Map #45-A, Parcel 4C      34.25 acres   Lois A. Werner, Trustee, property                            owner
7)   Tax Map #45-A, Parcel 4E      16.82 acres   Lois A. Werner, Trustee, property                            owner
8)   Tax Map #45-A, Parcel 6      37.15 acres   Yvette D. & Walter M. White,                            property owners; and

WHEREAS, the total acreage of the district will be 546.04 acres; and

WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section X-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:

9)   No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestall production;
      b.   Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District for at least until the time of the next scheduled District renewal; and
f.   Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
g.   Membership in this AFD does not preclude building a home on land on which no structure exists, or construction of guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations.
h.   The period before first review is five (5) years; and

WHEREAS, on July 6, 2005, the Nelson County Planning Department referred the application to the Nelson County Board of Supervisors; and

WHEREAS, on July 13, 2005, the Nelson County Board of Supervisors referred the application to the Nelson County Planning Commission; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Advisory Committee; and

WHEREAS, the Agricultural and Forestal Advisory Committee met on September 6, 2005 to review and discuss the application; and

WHEREAS, the Agricultural and Forestal Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for designation as an Agricultural and Forestal District and recommends the creation of the Davis Creek Agricultural Forestal District as proposed; and

WHEREAS, on October 3, 2005 letters were mailed first to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on October 26, 2005 for the Planning Commission and on December 13, 2005 for the Board of Supervisors; and

WHEREAS, pursuant with Section 15.2-4311 of the Code of Virginia, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and

WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15-2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on October 6, 2005 and October 13, 2005; and

WHEREAS, pursuant to Section 15.2-4307 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed district on October 14, 2005; and

WHEREAS, on October 26, 2005 the Nelson County Planning Department and the Agricultural and Forestal Advisory Committee presented to the Commission their reports recommending approval of the application as proposed; and

WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on October 26, 2005 to receive comments from the public on the proposed Agricultural and Forestal District; and
WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Advisory Committee’s recommendation, and considering comments from the public, it is the Commission’s finding that there are significant agricultural and forestal lands within the proposed district and that they meet the requirements for designation as an Agricultural and Forestal district;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION, that it recommends adoption of an ordinance creating the Davis Creek Agricultural and Forestal District as proposed with the conditions (restrictions) as stated in the application which each property owner voluntarily agreed to place on his and/or her property.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Emily Hunt

Motion Passed: 5-0       Approved:__________________________
                               CHAIR

               ATTEST:____________________________
                          Planning Commission Secretary