PLANNING COMMISSION Wednesday, May 26, 2004 Present: Ms. Proulx, Mr. Hoffman, Mr. Bruguiere, Ms. Russell, Dr. Walker, Mr. Harman Absent: Ms. Hunt ELECTION OF OFFICERS - By unanimous vote, Commissioners elected Ms. Proulx as Chair and Dr. Walker as Vice-Chair. Ms. Betty Fortune was appointed Secretary. SITE PLAN REVIEW/NELSON COUNTY HIGH SCHOOL - Commissioners reviewed a site plan for two parking areas - one in front of the school and one behind the school where the old vehicle maintenance facility was located. After discussion, Commissioners continued discussion to their June meeting pending additional information on several drainage problems associated with the planned parking areas. SITE PLAN REVIEW/ST. MARY'S CHURCH - The proposed site on the east side of Thomas Nelson Highway just north of Lovingston, is 36 acres and zoned Residential (R-1) and Agricultural (A-1). Following discussion, Commissioners voted 6-0 to approve the site plan with the Planning Director authorized to approve the lighting and signage plans when submitted. REZONING/SPECIAL USE PERMIT/MARY HAMILTON - Ms. Hamilton requested to rezone 1.03 acres from Agricultural (A-1) to Business (B-1) Conditional at 1471 Beech Grove Road to operate a furniture consignment shop. Mr. Boger noted that the applicant would also be agreeable to a Special Use Permit rather than a rezoning. He said that rezoning the property to a commercial use would not comply with the County's Comprehensive Plan and would require amending the Comp Plan. Mr. Boger noted several examples in the area where Special Use Permits were issued for similar businesses rather than rezoning. With no public comment, the applicant withdrew the applicant for a rezoning. Commissioners voted 6-0 to recommend approval of the Permit with the stipulation that the Permit is non-transferable. PRELIMINARY SUBDIVISION REVIEW/MOUNTAIN VIEW - The applicant, Mr. Greg Baldwin, submitted a plat dividing a 181-acre tract into 18 lots ranging in size from 5.35 acres to 18.01 acres. The property is located on the north side of Rt. 639 across from the intersection with Rt. 719 and is zoned Agricultural (A-1). The property is located east of the Dutch Creek Agricultural Forestal District, but the railroad line separates the two properties. Mr. Boger reported that the proposed development should have little, if any, impact on the Ag/Forestal District. Mr. Boger also noted that the Nelson County Service Authority had reviewed the site and that the developer would be required to connect all lots to the county's water system. During Public Comment, Mr. James Simpson, an adjoining landowner, asked that consideration be given to the increased traffic the development would generate and said that the water supply to the area was already inadequate and noted that the increased number of houses would only make the situation worse. Mr. James Ford said that the several parcels of land in that area had been flatted out and all of the trees removed. He asked that the county consider what the future of that area would be if the other two parcels were developed. Following Public Comment, Commissioners voted 6-0 to approve the plat. REZONING/ROCKFISH VALLEY COMMUNITY CENTER - Withdrawn PRELIMINARY SUBDIVISION REVIEW/CRAB APPLE ESTATES - The project consists of dividing a 32.13-acre tract into 29 lots ranging in size from .92 acres to 1.3 acres. The property is located on the south side of Jenny's Creek Road approximately .9 miles east of Rt. 151. Phase I of the project would include 15 lots connected to Henderson's Store Wetlands sanitary sewer system. Phase II would be developed with 14 lots after the County's Piney River Phase III is in place. The developer plans for individual wells to serve each lot and for one dry hydrant for fire protection for the development. Mr. Boger noted several areas that would need to be addressed prior to approval of a final plat including Health Department concerns about water quality in the area of the proposed development, traffic impacts, stormwater management in an area where there have been problems with water infiltration and fire & rescue concerns with the two cul-de-sacs serving the development. Mr. Long with VDOT said that on April 12, there was not sufficient sight distance but that since that time the applicant had cleared the growth on the property to achieve adequate sight distance (610 feet in each direction). He noted that a traffic study had noted 62 vehicles on that section of the road with an average speed of 39 mph. Ms. Betsie Michael of Terra Development Services, representing the applicant, noted that the project is a by-right subdivision and met the requirements of the current zoning ordinance. Mr. Bruguiere asked for specifics on the dry hydrant. Ms. Michael said that the hydrant would include an underground storage tank with a pump and would meet National Fire standards. Ms. Proulx, noting Section 4-4-B of the Subdivision Ordinance ("When a subdivision contains any lot less than one acre in size and the land does not have access to public water and sewer then the developer shall construct both a central water system and a central sewer system."), asked Mr. Boger to request a legal interpretation from the county attorney. During Public Comment, Mr. Harry Bourne, Jr. presented documents asserting his family's ownership of the reserved mining and mineral rights on the property. Mr. George Clarkson, Piney River Fire Chief, expressed concern with fire safety with the dry hydrant and with the cul-de-sacs proposed for the development. Mr. Marshall Kidd, who owns property across from the proposed development, noted his concerns regarding increased traffic on Jenny's Creek Road. Mr. Tom Saunders, who lives across the road from the proposed development, noted the concerns with stormwater issues, fire protection, the burden on taxpayers to provide sewer to benefit a private developer, the legal issues involved in the mineral rights not being owned by the developer. Mr. Saunders asked that the county protect the rural nature of the county and not let the county become another Loudoun County. Mr. Massie Saunders said that the proposed lots in the development were in the 40,000 sq foot range, the densest development in the area on the worst soils in Nelson - which he noted is completely in contradiction to where the county has been headed. He expressed concern that the Health Department had stated that the area had extremely slow perk rates and that water was inadequate in quality and quantity. Mr. Saunders said that studies showed that over 50% of the wells in that area are contaminated. He expressed concerns with fire safety issues related to the dry hydrant, noting that 120,000 gallons of stored water could be required with no running water on the site. He said that getting fire equipment into and turned around in the development could be a problem, noting that a loop road would be a better option. Mr. Saunders said that VDOT had counted 62 vehicles at present and the development would add an additional 290 trips, or five times what is already on the narrow road. He noted that the entrance to the proposed development had met the sight distance requirements on the second inspection because the developer had cleared the land without a DEQ or E&S permit. Mr. Saunders noted that Section 4-3-C of the Subdivision Ordinance requires that a permit be obtained prior to commencement of any land disturbing activity. He agreed that Section 4-4-B should be applied, requiring the developer to construct a central water system with lots less than one acre in size. Mr. Saunders asked whether development of Phase II would fall under the old or new Zoning Ordinance. He also noted that the 60-day time period for action on the preliminary plat did not apply if, as noted in Section 3-8-A(2), approvals had not been received from all applicable state agencies. Mr. Saunders said that there were too many unresolved issues involved to consider approving the plat at this time. Mr. Mike Boles said that mineral rights are ownership. He said that if the owners of the mineral rights on the property assert their rights, it would be incumbent on the county to get a legal ruling. He suggested that the county consider all ownership rights when considering a proposal. Following the Public Comment, Commissioners voted 3-3 (Mr. Hoffman, Ms. Proulx and Mr. Harman voting no) on Ms. Russell's motion to approve the preliminary plat. Commissioners requested legal rulings on Section 4-4-B and the mineral rights issue before again considering approval. Mr. Bruguiere noted that approval of a preliminary plat would not guarantee approval of a final plat. He noted many problems with the land. He said that he did not necessarily agree with 40,000 sq foot lots but said that that was what the court had said was legal. Mr. Bruguiere said that he would like to see the cul-de-sacs changed to facilitate fire protection. Mr. Hoffman said that the plan has too many inadequacies and too many questions to be answered in the future. REZONING/AMENDMENT TO WINTERGREEN MASTER PLAN - Mr. Stuart Saddler, representing High County Associates, proposes adding 350 units to the Master Plan with half of those units to be assisted living and eldercare housing. The proposal would add approximately 175 units (assisted living units, patio homes and apartments) in the area around Tuckahoe School at Stoney Creek. In addition, a rezoning is requested for 29 acres from Agricultural (A-1) to Residential (R-1) in the area adjoining Wintergreen and on the west side of the Rt. 151/Rt. 612 intersection. The proposal would include approximately 175 multi-family units with a commercial component. Mr. Boger noted that the Village Center concept for the multi-family units would require amending the Comp Plan as it would conflict with the concept of the Village Center in Nellysford. He suggested that the area be designated as a Multiple-Family Residential Sector, more in keeping with the concept of the Comp Plan and the existing residential concept of Stoney Creek. Mr. Sadler said that the Master Plan had been amended over the years as needed to meet market demand, always with consideration for whether the changes would be good for Wintergreen, the residents and the county. He noted a shortage of multi-family housing at Wintergreen, that the assisted living facility would allow many to continue to live at Wintergreen in later years and that the congregate care plan proposal included the number of units needed to make it effective. Ms. Russell asked whether there were any numbers on the water and sewer capacity to handle development once Wintergreen is built out and whether there would be sufficient capacity to handle an additional 350 residences. Mr. Sadler said that he thought so but that standard formulas do not apply given the sometimes seasonal use of some of the homes. He noted 5 wells and the ability to drill additional wells. He said that the sewer system was built to allow for expansion. Mr. Sadler said that, at present, the system is using 11% of the water capacity and 13% of the sewer capacity. Ms. Russell asked why the request was for a Village Center rather than Residential. Mr. Sadler said that multi-family units would require some support and the ability to have some commercial on approximately one acre would allow that. He said that the developer would want a small commercial area with that much residential. Ms. Russsell noted that once permission was given, the zoning law would allow all kinds of uses and that she would prefer to see residential only in that area with the developer coming back in specific commercial uses were desired in the future. Mr. Sadler said that they could do that but that there is expense involved in amending the Master Plan. During the Public Comment, Mr. Mike Crowe said that the Stoney Creek residents had heard only rumors and had no information on which to comment or ask questions prior to this meeting. He said that he had come to Wintergreen to enjoy the 11,000 acres and had not expected that to grow. Mr. Bill Howard expressed concerns regarding water capacity. Mr. Matt Gibb said that he did not know whether to support the proposal or not given the lack of information. He noted concerns with the additional traffic onto Rt. 151. He suggested waiting to rezone the 29 acres until the developer could state what would actually be built there. Ms. Judy Juergens said that she was on the eldercare committee and that there had been nothing concrete enough to justify the agreement to add additional units without a firmer plan by the developer. Mr. David Juergens, adjoining the area proposed for rezoning, expressed concern with the density proposed. He suggested that the area would be better suited for single-family homes rather than multi-family housing. He noted that WPOA and WPI govern the resort and that the Master Plan is the plan of the developer not the management of the resort. Mr. Billy Smith expressed concern with the commercial component proposed. Ms. Peggy Robertson said that she was concerned with the high density proposed and asked what effect that would have on schools, roads and other services. Mr. Bob Keenan said that he remembered the enforced water restrictions of a couple of years ago and questioned the 11% usage of capacity. He noted his opposition to the commercial uses. Mr. Joe Steele expressed his support for the proposal. Mr. Steele said that he is the Chair of the Ad Hoc Senior Issues group and wants to see senior housing addressed at Wintergreen. He noted the group's survey of residents indicating a strong interest in senior housing. Ms. Ann Strober, an adjoining property owner in Nellysford, noted concern for the water table when adding an additional 350 residences or approximately 700 residents. She said that Rt. 151 is getting more crowded and said that it would become a nightmare if the proposed development happened. Ms. Strober also asked whether there is a height restriction for the buildings. (Mr. Boger noted that under the Master Plan, there is not a restriction.) Following the Public Comment, Mr. Sadler said that the developer was not required to notify everyone in Stoney Creek but that they had notified those responsible. Ms. Proulx asked whether the property incorporated into Wintergreen would be subject to the existing Wintergreen covenants and restrictions and Mr. Sadler said that is would. Mr. Bruguiere said that the county has, in the past, turned down commercial proposals because the developer did not know exactly what would be built. He said that he had no problem with the residential component, but that the county would need to be consistent on the commercial. Dr. Walker said that she would prefer to eliminate the commercial and then have the developer come back when they knew what that commercial would be. Mr. Sadler and Mr. Carroll proposed a multi-family designation proferring away commercial with a few exceptions such as a real estate management office and recreational. In addition, the developer would subtract the proposed assisted living/eldercare units from the Master Plan if that project were not developed for that use. Dr. Walker said that she would like additional time to digest the information. Commissioners voted 6-0 to continue the discussion to their June meeting. PROPOSED AG/FORESTAL DISTRICT - Commissioners voted 6-0 to accept an application and begin the review process for a proposed District in the Findlay Mountain Road area of Shipman. Meeting adjourned. ------------------------------------------------------------------------------ OF INTEREST: - Wednesday, June 2 at 7:00pm - kick-off meeting for building a playground in Nelson County at the Nelson Center. Contact Margaret Clair for more information at 361-2463. - Friends of the Rockfish Watershed (www.FORWatershed.org) and the New World Stone Company (www.newworldstone.com) invite you to a special tour and picnic on June 6 from 4 - 7 PM. Continuing the tradition of the historic Alberene Stone Company, New World Stone Company operates the only active architectural soapstone quarries in North America. This special tour will show you what's happening now at New World Stone Company. You are also invited to canoe or kayak on the Rockfish River before the main event. Bring your own canoe or kayak. Or come early and visit the historic Walton's Mountain Museum (the museum closes at 4 p. m). Friends of the Rockfish Watershed's mission is to "safeguard the health, scenic beauty and cultural heritage of the Rockfish River and its watershed." In conjunction with these events, FORW will hold a special membership meeting. Cost: $10 per person includes food and basic individual membership in FORW for those over 18 yrs of age. For those under 18, $5 covers the cost of food for the picnic. Directions: From Rt. 29 take Rt. 6 East to Rt. 800. Turn right onto Rt. 800 and continue to the New World Stone Company on the left, just before arriving in Schuyler. Enter the gate marked "Visitors must report to office." - WINTERGREEN WINE FESTIVAL - sponsored by Wintergreen Performing Arts - Tastings available from 10 Virginia wineries - Saturday, June 19th 12:00noon to 6:00pm at Evans Center at the top of Wintergreen Mountain. Cost $10 in advance or $12 at the gate. Wine-cheese pairing seminars (with samples) at 2, 3 and 4pm -reservations required - Cost $7. Additional food available for purchase. Music by Blue Ridge Jazz. Call 434-325-8292 or 1-800-594-TIXX. ----------------------------------------------------------------------------------- This report, sent to over 550 Nelson County citizens, was made possible by the generous donations of Rural Nelson members and supporters. We need your help to continue this service. Please consider donating. Kim T. Cash Field Officer Rural Nelson, Inc. P. O. Box 401 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org