NOTE: There will not be a November Rural Nelson meeting. The "Protecting Gateway Communities" program will be presented at the December 1st meeting. ------------------------------------------------------------------------ Upcoming: - Wednesday, November 3 BOARD OF SUPERVISORS - 6:00pm Work Session and 7:30pm Public Hearing on VDOT Six-Year Plan - Thursday, November 4 ECONOMIC DEVELOPMENT AUTHORITY - 4:00pm Courthouse ------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, October 27, 2004 All Commissioners present. CENTRAL VA LAND CONSERVANCY - Mr. Jim Fulcher gave a brief overview of the organization which serves Bedford, Amherst, Nelson, Appomattox and Campbell Counties as well as the cities of Lynchburg and Bedford. The group provides information and assistance to landowners interested in preserving their lands. Contact information: 434.384.3785 or cvlc2004@yahoo.com. REZONING/MR. STEVE CRANDALL (VERDTOGO, LLC) - The applicant is requesting a rezoning of approximately 45 acres from Agricultural (A-1) to Service Enterprise (SE-1) for property at Rt. 151 and Rt. 664 (Beech Grove Road). The development would include a restaurant/brewery, coffee shop and gift shop with open space around the commercial area. Mr. Boger noted that the area is identified in the 100-year floodplain and that the site plan would have to be signed by the state floodplain review board prior to county approval. He said that while proposal is a good concept, the Comp Plan would have to be amended to change the Rural & Farming designation in that area to allow the development. Mr. Crandall said that he is aware of the floodplain issue and would be dealing with FEMA. He said that he had talked to many of the adjoining landowners and nearby businesses about his plans. He noted that several were concerned that the lighting not be like the Ski Barn's lighting and that the existing tree line remain. Mr. Crandall said that the commercial plan would not compete with Nellysford. Ms. Russell noted that if rezoned to SE-1, there are many by-right uses that might not be appropriate for the area. Mr. Crandall said that he had no intention of developing many of those uses. He said that he would be willing to review the list and proffer away those that did not apply. Ms. Russell said that the proposal sounded like one she could support, but that she would be more interested if she did not have to consider the many other by-right uses allowed. Mr. Bruguiere said that it was a good project and would fit into the county's tourism industry. He said that he did not see why the Comp Plan would need to be amended and said that he did not believe Mr. Crandall intended to develop any of the other uses allowed under SE-1. Ms. Proulx said that she would agree that the Comp Plan did not need to be amended as the SE-1 zoning was intended to be used in Rural & Farming for low-impact commercial uses. She said that she did, however, share Ms. Russell's concerns about the long list of uses that would not be appropriate in that area. She said that she would be uncomfortable acting on good intentions. Ms. Hunt agreed, saying that if the property were sold after the rezoning, the county could be dealing with a much different situation. Mr. Sam Eggleston, III, representing the applicant, said that it put the applicant into a box when the county lists by-right uses but does not want the applicant to then do those things. He said that the SE-1 zoning fits what the applicant wants to do and fits the area. He asked how the applicant could know what the Planning Commission would want him to proffer away. Mr. Bruguiere said that the Commission would have some control via the site plan. Ms. Proulx said that if the by-right uses were granted through a rezoning, there would be no way to stop the applicant from developing those uses. Mr. Bruguiere said that the Commission needed to make it easier for businesses and said that he could not see making the applicant wait another 30 days to readvertise the application as a Conditional Rezoning with proffers. With no Public Comment, Commissioners voted 4-3 (Ms. Proulx, Ms. Russell and Ms. Hunt voting no) to recommend approval. PRELIMINARY SUBDIVISION PLAT/"GLEN MARY"/MR. STEVE CRANDALL - The applicant submitted a preliminary plat for subdivision and development of 50.4 acres into 12 parcels ranging in size from 2.2 to 6.6 acres on property located on Rt. 664 (Beech Grove Road). The proposal includes 14.4 acres of open space. Mr. Crandall noted that the intent is for covenants and restrictions to have homes use different elements of green construction. With no Public Comment, Commissioners voted 7-0 to approve the plat. FINAL SUBDIVISION PLAT/"JERRYS WAY"/MS. NANCY U. SAUNDERS - The applicant submitted a plat for a division of property into 12 tracts. The property is located in Colleen and accessed from an entrance beside Blue Ridge Medical Center. With the Board of Supervisors having granted exceptions to road and utility easement requirements and with no Public Comment, Commissioners voted 7-0 to recommend approval. PRELIMINARY SUBDIVISION PLAT/"BEAVER CREEK"/MR. BOB MACIONIS (Charlottesville, VA) - The applicant submitted a plat to divide 43.76 acres into 8 lots ranging in size from 3.10 to 10.32 acres. The property is located between Rt. 645 and Rt. 646 in Wingina. With no Public Comment, Commissioners voted 7-0 to approve the plat. PRELIMINARY SUBDIVISION PLAT/"WINTERHAVEN PLAZA"/MR. CHARLIE SHIPE (Great Falls, VA) - The applicant, represented by Mr. Massie Saunders, submitted a plat to divide 13.8 acres into 5 lots ranging in size from 2.3 to 3.3 acres. The property is zoned Service Enterprise (SE-1) and located on Rt. 151 at Glenthorne Loop. The development concept is to construct two dwellings (duplexes) on a lot with one to include an office for the owner. Mr. Boger noted a Health Department/Subdivision Ordinance issue with the plat showing some of the drainfields on an adjacent lot that has been sold to a different owner. He noted Section 4-4D of the Subdivision Ordinance which states that "?the soil report must address the suitability for on site sewage disposal systems for each lot." Mr. Bruguiere asked whether Lots 3 and 4 are in the 100-year floodplain and Mr. Saunders said that they are according to the FEMA maps and that studies would have to be done. During Public Comment, Mr. Colin Winter, owner of the 30 adjoining acres plus the 4-acre "scenic easement" on which the septic fields for the project would be located, noted his family's opposition to the project. He said that an SE-1 district was intended for low-density development and not for duplexes in a very small area. He expressed concerns about floodplain issues and new roads and parking areas to serve the duplexes. He said that he did not feel that duplexes fit with the rural character of the area. Mr. Peter Agelasto, adjoining landowner, said that the property in the proposal contains wetlands. He said that while one acre of wetlands had been identified by the Army Corps of Engineers, additional wetlands existed and should be identified and permitted. He said that the Commissioners should review the deed for the drainfield parcel and asked where the backup site would be if there were a problem with those drainfields. He suggested obtaining a legal ruling on Section 4-4D of the ordinance before making a decision. Mr. Agelasto said that the property is the worst site in the Rockfish Valley for development and yet the proposal is for double the density. Mr. Saunders said that the applicant is not asking for a rezoning and that everything requested is a by-right use in SE-1. He pointed out that the application is only for a division of the land. He noted that the proposed zoning ordinance encourages clustering of buildings with shared roads and parking. He said that the proposed development would not affect Mr. Winter's floodplain levels at all and said that soil tests have been submitted to the Health Department for all drainfields. Mr. Saunders said that the wetlands on the property had been mapped and recorded per the Army Corps of Engineers' flags. He said that he knew nothing about additional wetlands on the property. Ms. Proulx said that she would like legal advice on Section 4-4D prior to submission of the final site plan. She also noted that many of the concerns raised during Public Comment could not be addressed during the preliminary plat process but would be addressed with the final plat. Commissioners approved the plat with a 7-0 vote. PRELIMINARY SUBDIVISION PLAT/HABITAT FOR HUMANITY/NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATION - Mr. William Shade, representing Habitat for Humanity, submitted a plat to divide 39.5 acres into 14 lots ranging in size from 2.0 to 5.0 acres. The property is located on Lobo Lane (Rt. 734), Arrington. With no Public Comment, Commissioners voted 7-0 to approve the plat. SITE PLAN/PAYNE'S GARAGE - Mr. Bob Payne submitted a site plan for renovation of the existing building and the addition of a showroom. The property is located at 3846 Patrick Henry Highway in Piney River. The renovation includes a 300 sq ft addition to square the front of the building plus a 1,600 sq foot showroom addition. Mr. Boger noted VDOT's requirement that the applicant install a commercial entrance with curbing. Mr. Payne said that if curbing were installed, he could not get large trucks into the lot for inspections. Commissioners noted no problems with the proposed additions, but said that they could not override VDOT's requirements. Commissioners voted 7-0 to defer a decision until their November meeting to allow time for the applicant to try to work out a compromise with VDOT. DISCUSSION OF PRELIMINARY PLAT/MR. GLENN SIMPSON - Mr. Simpson asked Commissioners for their comments on dividing 140.89 acres into 4 lots - one lot being 115 acres and the remaining lots ranging from 7.0 acres to 12.89 acres. He said that he has a buyer for the 115 acres but wanted to hear any comments prior to hiring a surveyor and entering into an agreement with the buyer. The property is located on Brownings Cove Road and Laurel Road in Shipman. Ms. Proulx asked Mr. Boger whether the buyer could subdivide the 115 acres. He said that they could but that it would have to come before the Commission and Board of Supervisors. Mr. Simpson said that the potential buyers wanted to farm the property. Commissioners noted no obvious problems with the proposal. MR. HOFFMAN'S TERM - Noting that this was Mr. Hoffman's last Planning Commission meeting (term expires 10/31/04), Ms. Proulx and other Commissioners commended Mr. Hoffman for his service to the board. Meeting adjourned. The next Planning Commission meeting will be on Wednesday, November 17th at 7:30pm. Note that the meeting was moved to the 3rd Wednesday of the month due to the Thanksgiving holiday. ------------------------------------------------------------------------ Of Interest: - Facilitated Planning Strategy Session for the Lovingston Revitalization Project - Wednesday, November 10 at 1:30pm at the Courthouse. Open to Lovingston property owners, residents and any interested citizen. ------------------------------------------------------------------------ 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