UPCOMING: - Wednesday, October 6 RURAL NELSON MEETING - 7:30pm 622 Front Street, Lovingston - Topic: Biosolids - Thursday, October 7 ECONOMIC DEVELOPMENT AUTHORITY - 4:00pm Courthouse ------------------------------------------------------ PLANNING COMMISSION Wednesday, September 22, 2004 All Commissioners present. REZONING & AMENDMENT OF MASTER PLAN/HIGH COUNTRY ASSOCIATES (HCA) - HCA has requested a rezoning of approximately 30 acres from Agricultural (A-1) and Residential (R-1) to Residential Planned Community (Conditional), designating the property as Multiple Use and incorporating the area into the Master Plan for Wintergreen. The property is located on the west side of Rt. 151 across from the intersection at Rt. 612. In addition, the applicant has requested a total of 350 additional residential units be added to the Master Plan. At the August Planning Commission meeting, HCA offered the following proffers: 1. that 175 additional units, half the total additional units requested, be assigned exclusively to the development of a Senior Residential Care facility to adjoin two sides of the 27th hole of Stoney Creek Golf Course (behind Tuckahoe School). The proffer notes that these 175 units can only be built as senior housing; 2. Approximately 30 acres of land be added to the Master Plan and designated for Multiple Use (7-5-1) a) to reduce the density of the zoning from the Multiple Use density of 20 units/acre to a gross average for the entire parcel of not more than 6 units/acre; b) to impose a maximum height limitation on any structure built upon this property of not more than 3 stories (as defined in the BOCA Code) above the ground with a maximum height of any structure from ground level to roof crest of 52 feet; and c) to reduce its permitted nonresidential uses in this area to the following: *recreational facilities to compliment and support the residential uses including the sale/rental of soft drinks, confections, linens and sundries *Community Association Management/Support facilities not to exceed 1,000 sq ft of enclosed conditioned space *Real Estate professional offices for the sales and rentals of such residential units not to exceed 3,000 sq ft of enclosed conditioned space. 3. There is a fence line of trees and other vegetation located along the boundary of the proposed addition and Rodes Valley Section. HCA proffers not to remove any tree or vegetation of greater than 2" caliper located in such fence line unless it replaces such tree or vegetation with a similar tree or vegetation; and 4. HCA proffers that the development of the subject properties of this application shall be in strict accordance with the conditions set forth in their submission. Mr. Boger reported that he had consulted with the County Attorney on three issues questioned by the Commissioners: 1. Any transfer of development rights from one category to another does require a permit from the county; 2. Proffers can be modified if they are more restrictive; and 3. The application must be treated as one proposal (i.e. the Senior Residential Care facility can not be treated as a separate application from that of the rezoning request). Mr. Carroll, representing HCA, presented two additional proffers as follows: 1. No gas station or related commercial operation that offers the sale of motor fuels; and 2. If any 3-level buildings are built, HCA proffers that each building would contain no more than 12 units and there would be no more than 4 three-story buildings on the property. Mr. Carroll noted that the original proffer would still restrict the height of any 3-story buildings to 52 feet. Ms. Russell clarified that, given Proffer #2, there would still be 127 units in an unknown number of buildings that are two-story high. Mr. Carroll agreed, saying that there would be a maximum of 48 units in 3-story buildings if those were actually built. Mr. Bruguiere asked whether other areas of Stoney Creek, as developed, were approved by the Wintergreen Architectural Review Board. Mr. Carroll said that HCA brought each to the county and to the ARB as a courtesy but did not need the approval of either. Ms. Proulx expressed concern that time-share units were a possibility and asked whether HCA would be willing to proffer those away. Mr. Bruguiere asked whether time-share units are presently allowed at Wintergreen. Mr. Carroll said that HCA is not willing to proffer time-share units away as they would like to consider that option and he said that time-share units are not allowed at Wintergreen at present. Ms. Proulx said that in addition to her concern over possible time-share units, she was concerned with the level of density in that location surrounded by single-family homes. Ms. Russell said that Stoney Creek was developed as a year-round, permanent residential community under a set of covenants that had made it what it is. She said that HCA does not seem willing to apply all of the same covenants to the proposed development. She noted concerns with short-term rentals, more intense use of the facilities and more people coming and going. Mr. Carroll responded that there is going to be growth in the Nellysford area and that the best way to control that is to set the standard. He said that he believes that HCA can do a better job than anyone else but that they just do not want too many restrictions. Ms. Russell said that she is also concerned about approving the proposal when neither the developer nor the Commission knew what was going to go there. She said that HCA is now talking about increasing the population over what the property owners bought into. Mr. Carroll said that Wintergreen is a 30 year-old project and things change. Dr. Walker said that residents had expressed concerns that there was no closure to the amount of development. Mr. Carroll said that this is a way to control what is around Wintergreen. Ms. Russell said that she would still like to see the commercial component taken out of the proposal since the developer still has two unused parcels along Rt. 151 zoned commercial. Commissioners voted 6-1 (Mr. Bruguiere voting no) to recommend denial of the rezoning and amendment to the Wintergreen Master Plan based on non-compliance with the Comprehensive Plan and the proposed use not being compatible with the existing neighborhood due to scale, possible types of housing, impact on existing environment (Russell/Hoffman motion). Following the vote, Mr. Carroll asked the Commissioners who had voted to recommend denial if they would give their reasons. Ms. Proulx - density not compatible with surrounding area, possible time-share units; Mr. Hoffman - opposition of residents of the district, increased traffic on Rt. 151; Ms. Russell - stated above in the motion; Mr. Harman - possible time-share units, density, height at 52', no ARB review; Ms. Hunt - a vague plan, height and density not compatible with surrounding area; Dr. Walker - same as Ms. Hunt - noted that it was unfortunate that the two parts of the application could not have been separated. SPECIAL USE PERMIT/Mr. John W. Goines - Applicant has requested a permit to place a doublewide manufactured home on his property at 2151 Afton Mountain Road. The property is 0.58 acres and zoned Residential (R-1). With no public comment, Commissioners voted 7-0 (Bruguiere/Walker motion) to recommend approval. SPECIAL USE PERMIT/Mr. & Mrs. Clay Stewart - Applicant has requested a permit to build 2-5 rental cabins on their property at 1073 S. Powells Island Road in Arrington. Applicant withdrew the application to have time to deal with the issues raised by the Planning Director (primarily floodplain and VDOT) by either site plan or survey. PRELIMINARY PLAT/Mr. & Mrs. Timothy Masters - Applicant has submitted a preliminary subdivision plat to divide approximately 111.627 acres into 23 lots on property on Morse Lane (Rt. 748) approximately 0.2 miles east of Rt. 29. The lots would range in size from 2.0 to 19.5 acres. Lots would be served by individual well and septic systems. With no public comment, Commissioners voted 7-0 to approve the preliminary plat (Bruguiere/Russell motion). PRELININARY PLAT/Nelson County Community Development Foundation - Applicant has submitted a preliminary subdivision plat to divide 5 acres into two 2.5 acre parcels on Phoenix Road (Rt. 661). With no public comment, Commissioners voted 7-0 to approve the preliminary plat (Bruguiere/Russell motion). PRELIMINARY PLAT/Nelson County Habitat for Humanity - Applicant has submitted a preliminary subdivision plat to divide 5.612 acres into 4 lots on St. James Church Road approximately 0.3 miles west of Rt. 151. The lots will range in size from 1.3 to 1.5 acres. With no public comment, Commissioners voted 7-0 to approve the preliminary plat (Russell/Walker motion). PRELIMINARY PLAT/Mrs. Tatum Saunders - Applicant has submitted a preliminary subdivision plat to divide 32.95 acres into 14 lots ranging in size from 2.0 - 4.6 acres on property located on Loving Drive. With no public comment, Commissioners voted 6-0 (Mr. Bruguiere absent for this vote) to approve the preliminary plat (Russell/Harman motion). PRELIMINARY PLAT/Mr. James Koschara - Applicant has submitted a preliminary subdivision plat to divide 5.382 acres into two lots (2.837 and 2.545 acres) in Edgewood Park at the end of Graywinds Lane. Mr. Boger noted that when the 2.545 acre lot was sold a year ago, the plat was never recorded showing the division. Mr. Koschara asked to withdrawn the plat in order to correct several things overlooked for inclusion on the plat and in order to obtain the signature of the owner of the 2.545 acre lot. Meeting adjourned. ------------------------------------------------------------------------ OF INTEREST: - Advocates for a Sustainable Albemarle Population (ASAP) Conference - "Number One Today - But Tomorrow?" Will this still be the "Best Place to Live" when our population doubles? Purpose: to stimulate informed discussion about local population growth, and provide accurate information about the need and ability of localities to control their demographic fates. Saturday, October 2nd from 9:00 am to 12:45 pm. Registration (free - with coffee and donuts) will be from 8:30 to 9:00. Lane Auditorium in the Albemarle County Office Building. The headline speaker will be Jim Burton, the Loudoun County Supervisor who gave an impressive presentation at ASAP's 2002 conference. - Saturday, October 2nd - 9am-3:45pm "Virginia at the Crossroads - Which Energy Future?" - Education about nuclear power and exploration of safe alternatives for Virginia. Clark Hall, Environmental Sciences Building at UVA. $10 registration fee. Call 434.296.2494 or email ElenaDay@aol.com for information or registration. - Computer Literacy Classes--Literacy Volunteers of Nelson County presents: Beginning October 6, 2004: Intermediate Class, Rockfish Valley Community Center (RVCC) 6:00-8:00 PM; "Basic" Classes begin October 7, 2004: Morning Class at RVCC, (10:00 AM - Noon) - afternoon classes at Lovingston, Blue Dog Building (2:00 pm To 4:00 pm). Each session is 2 hours, 6 sessions -- Registration is REQUIRED - small charge per session. Introduction to Windows, Using the Mouse, Writing Letters, Address Lists, Spreadsheets, etc., Introduction to the Internet and E-Mail. Offered by Literacy Volunteers of Nelson County In cooperation with Rockfish Valley Community Center. TO REGISTER: Call LVNC office 263-8228 - leave a message giving choice of Class Preference, Location and time...and your phone number. ------------------------------------------------------------------------ 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