PLANNING COMMISSION Wednesday, July 28, 2004 Present: Ms. Proulx, Mr. Hoffman, Mr. Bruguiere, Ms. Russell, Dr. Walker, Ms. Hunt Absent: Mr. Harman REZONING REQUEST/LISA BRANCH CARTER - Applicant has requested that a small portion of her property located at 5995 Rockfish Valley Road be rezoned from Residential (R-2) to Agricultural (A-1) to allow placement of a singlewide manufactured home for her son. Surrounding parcels are zoned Business (B-1), Industrial (M-2), Residential (R-2) and Agricultural (A-1). A portion of the applicant's parcel is in a Floodplain District. Ms. Hunt noted that the current zoning in the area is scattered and that the proposed rezoning should not disturb current uses. With no Public Comment, Commissioners voted 6-0 to recommend approval. PRELIMINARY PLAT/CRAB APPLE ESTATES - The applicant had submitted a revised preliminary subdivision plat reducing the number of lots from 29 to 27 for property on Jenny's Creek Road off Rt. 151 in Piney River. The revised plat increased the lot size to an acre or larger in size so each lot could be served by an individual well rather than a public water system. In addition, the applicant changed the two cul-de-sacs to a loop road. Mr. Boger reported that the plat contained all of the required elements and recommended approval. During Public Comment, Mr. Tom Saunders said that it is the duty of the Commissioners to do what is best for the citizens of the county. He noted two ongoing concerns - water quality and issues related to mineral rights. He said that people will deplete their savings only to find that the water is not safe to drink and that they cannot get bank loans without owning the mineral rights on the property. Ms. Proulx said that Mr. Saunders' concerns are important but that the Commission is strictly limited by code as to what issues could be considered during a preliminary plat review. Mr. Bruguiere said that whether you do or do not like the subdivision, the plat does meet the legal requirements. Commissioners voted 5-1 (Mr. Hoffman voting no) to recommend approval. FINDLAY MOUNTAIN AGRICULTURAL/FORESTAL DISTRICT - Ms. Julie Hilton submitted an application to create a new 838.61 acre AFD along Findlay Mountain Road (Rt. 647) off Rt. 56, with the majority of the property along Snowhill Lane. The proposed period before the first review would be five years. In addition to the requirements stated in Section X-202 of the Code of Nelson County, the following conditions also apply: 1. No parcel within the District shall be developed to a use more intensive than that existing on date of creation of the District, other than uses resulting in more intensive agricultural or forestall production; 2. 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 District renewal; and 3. Parcels of land within the District may be sold in 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. (Note: For a complete explanation of Agricultural/Forestal Districts, see http://www.ruralnelson.org/Ordinances/Ag-Forestal2.htm) Mr. Boger reported that the AFD Advisory Committee had discussed a possible problem with one 4.79-acre lot at the intersection of Rt. 647 and Rt. 56. As the county has identified that intersection as the #2 priority for improvement in the VDOT Six-Year Plan, Mr. Boger expressed concern that having that parcel in the AFD could jeopardize any improvement to the intersection if right-of-way acquisition or easements were required. He said that including that parcel in the AFD would require VDOT to notify all of the AFD landowners prior to any improvements and require a 90-day review period that could delay the improvements. During Public Comments, Mr. Morris Barrett, owner of the 4.79-acre parcel, said that he did want to remain in the AFD and would be willing to work with the county and VDOT so improvements could be made to the intersection. He said that if including his parcel would jeopardize the rest of the group though, he would withdrawal from the application. Mr. Bruguiere said that he did not want to see a VDOT project held up because of paperwork and suggested not including the parcel until VDOT determines a time schedule. Mr. Barrett said that he was willing to do whatever it took to make the situation work. Commissioners voted 6-0 to recommend approval of an 833.82-acre Findlay Mountain AFD with the 4.79-acre parcel excluded unless the situation could be worked out with VDOT before the application goes before the Board of Supervisors for consideration in September. ADDITION TO DUTCH CREEK AFD - With no Public Comment, Commissioners voted 6-0 to recommend adding Mr. and Mrs. Andre Scott's 3-acre parcel to the existing AFD. OTHER BUSINESS - Ms. Proulx suggested that the Commissioners consider revising the Planning Commission bylaws at a future meeting. She asked staff to include the existing and a draft template in the Commissioners' packets for the next meeting. Meeting adjourned. --------------------------------------------------------------------------- This report, sent to over 580 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