UPCOMING: - Thursday, February 24th - BOARD OF SUPERVISORS/SCHOOL BOARD BUDGET WORK SESSION - 6:15pm - High School Complex - Tuesday, March 1st - BOARD OF SUPERVISORS' ZONING WORK SESSION - 7:00pm Courthouse - Wednesday, March 2nd - RURAL NELSON ANNUAL MEETING - 6:00pm Lake Monocan at Stoney Creek - bring a favorite dish to share for dinner. Invite a friend. ------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, February 23, 2005 All Commissioners present. FINAL SUBDIVISION PLAT/GLENN & CHARLES SIMPSON - Applicants submitted a final plat to divide 140.884 acres into 3 lots - 115.00; 9.496 and 16.228 acres. The property is located at the intersection of Laurel Road (Rt. 639) and Brownings Cove (Rt. 719). Mr. Boger noted that two of the lots (9.496 and 16.228) had received Health Department approval for septic drain fields, but that the third lot (115.00) had not been inspected. He noted that the final plat could not be approved until all lots had received Health Department approval. In addition, Mr. Boger reported that the plat does not show utility easements for each lot and an E&S agreement would be required before any land disturbing activities took place on each lot. Mr. Boger noted that the proposed 115-acre lot had apparently been under contract to a buyer as two separate lots, which was not indicated on the submitted plat and would have required two separate perk tests. He suggested that the Commissioners clarify that issue with the applicant. Mr. Simpson said that the real estate contract has nothing to do with the plat submitted. He said that he had received VDOT approval for the driveways and had been told at the Site Plan Review meeting that a perk test would not be required for the 115-acre lot. Ms. Russell said that she was at the Site Plan Review meeting and that the Health Department representative was not clear on the issue but that the subsequent letter from the Health Department did not state that the perk test was not required for that lot. During Public Comment, Ms. Lucy Colby said that she had had contracts for two separate parcels for the 115 acres but that it was no longer viable to purchase the property as it had to be in two separate parcels with clear titles. Mr. Simpson said that he was asking only for the three lots shown on the plat. Following the Public Hearing, Ms. Proulx noted several Commissioners' concerns with the items Mr. Boger noted as incomplete on the plat. The applicant asked for a postponement until the March 23rd meeting to complete those items. REZONING REQUEST/AFTON SERVICE CENTER - Mr. Tommy Harvey, representing landowner A.G. Small, requested a rezoning of 1.509 acres from Residential (R-1) to Business (B-1) in order to expand the Afton Service Center. The property is the remaining portion of a 2-acre parcel of property located on Tanbark Drive (Rt. 840) behind Afton Service Center on Rt. 151. Mr. Boger presented information on the history of the zoning and site plan process for the business between 1977 and the present. In November 2004, the applicant was sent a notice of violation concerning the screening of the storage yard. He noted that approval of the rezoning would require the applicant to submit a revised site plan for the expanded area, the auto storage yard must be completely enclosed with a fence or evergreen screen, an E&S plan must be prepared and approved for the new storage area and VDOT must approve the entrance to the storage area. Mr. Harvey said that the original business had been built approximately 1960 and that he had been the owner since 1974. He said that the requested rezoning would allow him to expand his bay and service area. He said that he too dislikes storing the vehicles but the process of disposing of them is difficult and takes time. He said that Afton Service Center is an important business to the county grossing $2 million a year and employing 12. Mr. Harvey said that there had been an anonymous complaint filed about oil on the ground in his storage area but that a DEQ inspection this month found that there was no problem. He said that he had planned to finish the fence for some time but had not due to financial issues. He said that the fence is now up for the whole area - regardless of the decision on the rezoning request. Mr. Harvey noted only two complaints on the stored cars since he has owned the business. During the Public Hearing, Mr. Jim Gates said that he drives up and down Rt. 151 for his home-building business and has been a long-time patron of Afton Service Center. He said that the business offers convenience for hundreds of residents and he supported the request for rezoning. Mr. Ron Quick, an adjoining landowner, said that he had no problem with the business. Mr. Charlie Markel, an adjoining landowner since 1968, said that in 1977 Mr. Harvey had agreed to screening the storage yard. He said that that situation was repeated in 1997 and that in 2005, there was still no screening. He said that he had no objection to the rezoning if done properly, but that the rezoning should be held until what was agreed to before is completed. He said that Mr. Harvey has an obligation to comply with the zoning laws. Ms. Amy Moyer, Afton, said that, as a Supervisor, Mr. Harvey was well aware of the zoning laws. She said that she is opposed to the rezoning as it would have a detrimental effect on the quality of life. Ms. Georgia Moyer, who lives behind Afton Service Center, said that she wants the junkyard to go to improve the neighborhood and make the area conform to a subdivision. She said that it is not a storage yard but an auto graveyard as many of the vehicles have been there for years. She presented a petition with 75 signatures in opposition. Mr. Harry Balm said that the B-1 uses sound reasonable, but that he is concerned with the junk and burned-out vehicles. He asked that the Commissioners not allow the junkyard to expand by another 1.5 acres. Mr. Harvey Morris, who lives several miles away, said that the county should rezone Mr. Harvey's property. He said that if Mr. Harvey is not putting out nuclear waste, he is doing his business and that the dumpsters that were there were nastier than his business. Mr. Morris said that the landowners are taking back the county and will replace everyone on the Planning Commission and Mr. Boger. Mr. Bo Zirkle, an adjoining landowner for 32 years, said that the subdivision was built around the business as it was already there. He said that the dumpsters caused him more problems than the junkyard ever had. He said that the fence looks worse than the junkyard looked before. He said that as long as the business stays half within the law, it should be rezoned. Mr. John Pugh said that he had been there for 40 years and that Mr. Harvey had really improved the business since he had had it. He said that there is no junkyard there and there is no problem with oil on the ground on the property. He said that Mr. Harvey needs to expand to grow his business and suggested that the Commissioners consider whether the opposition might be a political issue for 2005. Ms. June Balm expressed opposition, saying that the storage area is an eyesore, with some of the vehicles there long enough to have shrubs growing out of them. She said that the wrecked vehicles are visible from Rt. 151 and asked that the Commission not approve enlarging the auto graveyard. She suggested setting a time limit for vehicles to be processed off the property. Mr. Carlton Ballowe, Faber, said that he too owns commercial property along Rt. 151 and supports the rezoning request. He said that the business is already there and it is just a matter of degrees. Ms. Linda Cook said that Mr. Harvey has gone way beyond and built a beautiful plank fence. She said that garages have cars and the rezoning request is reasonable. She asked that the Commissioners not stop a business from growing. Mr. Mike Cook said that he is in favor of the request in order to let a business grow. Ms. Donna Rhodes, employed by Afton Service Center, said that the business does not like the junk cars either but noted the long process to get rid of them. She said that the Service Center does an incredible business and needs to expand the bay area. Ms. Angela Robinson said that her family and many friends live behind the business. She read excerpts from the Planning & Zoning Director citing other citizens for junkyards or auto graveyards and said that the county needs to be consistent. She said that the county should stop finding reasons to call Mr. Harvey's a storage area. Ms. Robinson said that there are no excuses for the behavior as Mr. Harvey knows better. She asked if the land looks as it does as R-1, what it will look like as B-1. Mr. David McGann said that he has no problem with the rezoning and that people are just nosy and jealous. Mr. Clay Robinson said that he does not personally know Mr. Harvey but has heard good things about what he has done for the county. He said that the area in question is a high-density residential area and that this rezoning is just wrong. He said there are no political motives but that he just wants to clean up the county. Following the Public Hearing, Mr. Harvey said that the original site plan had no deadline for fencing/screening although the county probably should set a date for requirements. Ms. Russell asked how long cars typically stay on the property. Mr. Harvey said that it could be anywhere from one day to as long as he wants to let them sit. He said that some have been there a long time and that he hates the cars being there. He said that he is working with two contractors to have them taken away. Ms. Russell also asked whether there are plans to do any vegetative screening along the north side of the property and Mr. Harvey said that he does plan to do that. Mr. Boger clarified that the original requirement was for trees to be planted along the rear of the property and along Tanbark Drive, but that the Planning Commission had not required any plantings along the north side. Mr. Bruguiere said that he is in favor of the rezoning. He said that the business provides a lot of services to the community and that hauling cars does have a long wait time to get rid of them. He said that the fences are in place and approval would require a site plan. Dr. Walker asked whether the number of cars met the requirements in B-1 zoning. Mr. Boger said that a number does not apply as long as the area is enclosed and fenced or landscape screened. Ms. Hunt asked how often DEQ inspects the property. Mr. Harvey said that they inspect only if there is a complaint and that the inspection earlier this month was the second inspection. Dr. Walker asked whether there is a provision for setting a time-line for compliance. Mr. Boger said that there is not a provision. Mr. Harvey said that he would be happy to put a date for completion on this site plan. Following Mr. Bruguiere's motion to recommend approval, Ms. Hunt said that while Mr. Harvey had been a good citizen of the county, she could not see the business expanding in a residential area. Commissioners voted 5-1 (Ms. Hunt voting no) to recommend approval of the rezoning. FINAL SUBDIVISION PLAT/MOUNTAIN RIDGE - Falling Creek Properties, LLC (represented by Mr. Greg Baldwin) submitted a final plat to divide 181 acres into 18 lots ranging in size from 5.44 to 14.87 acres. The property is located on the north side of Rt. 639 across from the intersection with Rt. 719. Mr. Boger, noting the issue of public water and sewer, reported a recent Board of Supervisors' decision that the Service Authority's regulations supercede the county's Subdivision Ordinance (Section 4-4A) regarding requirements for subdivisions to connect to public water and sewer. The Subdivision Ordinance states that "if any part of a subdivision falls within an area in which the Nelson County Service Authority operates a water and/or sewage system, the developer/subdivider shall be subject to the regulations of the SA for public water and sewer connections, including the extension of public water or sewer lines to lots within the subdivision." The Board's interpretation means that only those buildings or structures within 300' of an existing line are required to connect (as per NCSA regulations). Mr. Boger said that, in effect, the decision means that the county cannot require any subdivision to connect to public water and sewer. He noted that many residents along Rt. 639 would prefer not to extend the line in that area and that the applicant is still debating whether to extend the line to the subdivision. Mr. Baldwin said that since he had originally been told that he would have to connect to public water and sewer, he had pre-sold some of the lots with that as part of the deal. He said that he is now considering whether or not to extend the lines. During the Public Hearing, Mr. Chapin Wilson, Laurel Road, said that the Service Authority has big plans to use Mr. Baldwin's subdivision as a jumping-off point to make a water/sewer line circle back to Shipman. He said that there had been talk about using Community Development Block Grant monies, but he noted that the people coming into this subdivision will have money to take care of their own needs. He said that we should not be using Block Grant funds to run water and sewer lines all over the county. He said that the county should be very careful as this is a critical issue and that he hopes Mr. Baldwin will not put the line in. Ms. Michelle Spencer, Brownings Cove Road, said that with the exception of one house at the end of the road, all of the residents are her family. She said that they do not want county water and that they do not want overdevelopment in the area. Mr. Andy Wright said that he is concerned with the introduction of county water into this area of the county, which is in direct contradiction with the Comprehensive Plan. Mr. Gordon Koerner, Brownings Cove Road, said that he encourages the developer to run the water into the subdivision but he is not sure it should go any further. He said that he had been told there was insufficient water in that area but had since found that that was not the case after talking to the neighbors. Following the Public Hearing, Mr. Bruguiere said that he could not speak for the other Supervisors, but that he had no intention of applying for CDBG funds for a project in this area. Ms. Proulx said that, while the water and Service Authority issues are significant, they do not have direct application to this request. Dr. Walker said that it is a conflict to say that this is a rural area and then say that county water and sewer can be put in. Ms. Russell agreed, saying that the Service Authority policy is in direct conflict with the Comp Plan. Mr. Boger said that the Supervisors want to meet with the Service Authority to discuss these issues. Ms. Proulx said that it might be useful for the Supervisors, Commissioners and Service Authority to meet so everyone can understand who has what authority. Commissioners voted 6-0 to recommend approval of the final site plan for Mountain Ridge. FINAL SUBDIVISION PLAT/MR. WAYNE ORME - The applicant submitted a final plat dividing 5.096 acres into two lots of 3.095 and 2.001 acres. The property is located in the Highland on the James subdivision on Cabell Road (Rt. 626). With no public comment, Commissioners voted 6-0 to recommend approval. FINAL SUBDIVISION PLAT/MR. PAUL J. BUTERBAUGH - The applicant submitted a final plat to divide 12.267 acres into two parcels of 7.262 and 5.005 acres. The property is located on Lobbans Lane (Rt. 840). With no public comment, Commissioners voted 6-0 to recommend approval. FINAL SUBDIVISION PLAT/NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATION (NCCDF) - The applicant submitted a final plat dividing 5 acres into two 2.5-acre parcels. The property is located on Phoenix Road (Rt. 661). With no public comment, Commissioners voted 6-0 to recommend approval. FINAL SUBDIVISION PLAT/GLEN MARY - The applicant (Mr. Steve Crandall) submitted a final plat to divide 67.4 acres into 12 parcels ranging in size from 3.905 to 8.650 acres. The property is located on Beech Grove Road across from the entrance to Wintergreen Winery. Mr. Boger noted that the 100-year floodplain for Reed's Creek must be shown on the plat. He said that data collected shows that the floodplain may not be as extensive as shown on the maps, the floodplain must be shown as is until the FEMA maps are amended. He also said that "Open Space Easement" as shown on the plat should be defined. During the Public Hearing, Mr. David McGann spoke in favor of the project. Following the public comment, Ms. Proulx said that a definition of "Open Space Easement" since it is on the plat. Mr. Crandall said that the purpose was to buffer the property lines and prohibit any building in those areas. Dr. Walker said that the definition could simply be "buffer". Commissioners voted 6-0 to recommend approval contingent on a definition of "Open Space Easement" being included on the plat and a correction to a setback for Parcel A being made. SITE PLAN/NELSON COUNTY HIGH SCHOOL PARKING LOT - Postponed by applicant. OTHER BUSINESS - Mr. Boger presented a proposal for a project by Mr. Alan Stacey of Gaia Homes, Inc. The project is for a parcel currently zoned Business (B-1) on Rt. 151 near the old Tuckahoe School and could require a rezoning. Mr. Stacey is considering building a 6,000 square foot office for his business with other retail businesses complimentary to his building business as allowed under the current B-1 zoning. The project also includes a rezoning request to Residential (R-2) for 5 mid-rise apartment buildings with 4 units per building. The lower apartments would be handicapped accessible. Mr. Bruguiere asked about the availability of water on the land. Mr. Stacey said that he would need to determine whether he could supply the 7 gallons per minute required for the central water system, but said that he felt that he could. He said that he had already done the perk tests. Mr. Bruguiere said that he thought it was a good plan and needed in the county. Ms. Proulx, after polling the Commissioners, said that there were no negative comments about the concept but that there is still a process to go through and that the Commission could not make a guarantee. Meeting adjourned. ------------------------------------------------------------------------- OF INTEREST: - Saturday, March 5 "Use It or Lose It" - Learn how to reduce problems associated with runoff using rain as a resource. Topics: rainwater harvesting, raingardens & bio-retention areas, green roofs. 9:00am - 12:00 noon at Monticello High School (Rt. 20 South). Register, or more information, Thomas Jefferson Soil & Water Conservation District at 434.975.0224. ------------------------------------------------------------------------- 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