UPCOMING: - Thursday, March 24th BOARD OF SUPERVISORS' BUDGET WORK SESSION 7:00pm Courthouse - Tuesday, March 29th BOARD OF SUPERVISORS' ZONING WORK SESSION 6:00pm Courthouse ------------------------------------------------------------------------- VOLUNTEERS NEEDED: CVEC Lineman Rodeo at Oak Ridge - Saturday, April 2nd from 8am-1pm (we still need 1 person) or 1pm-6pm (we still need 5 people). Rural Nelson will receive a donation for our work. ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, March 23, 2005 Present: Ms. Philippa Proulx, Dr. Valdrie Walker, Mr. Mike Harman, Ms. Linda Russell, Ms. Emily Hunt and Mr. Tommy Bruguiere FINAL SUBDIVISION PLAT/MR. 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 the 3 items requested from the applicant at the February meeting had been completed. During Public Comment, Mr. Edwin White said that he had been planning on purchasing one of the lots from Mr. Simpson but that as of February, the requested division of the 115-acre lot into two lots had not happened. Ms. Lucy Colby said that approving the plat at this time, with pending litigation on the 115-acre lot, might be premature. She said there are too many inconsistencies and unfinished business to approve the plat. Mr. Steve Eubank, an attorney representing the Simpson's, said that the Commission should not make their decision based on any civil contract. He said that the Simpson's have clearly stated that they want the land divided into 3 parcels and they have complied with the Subdivision Ordinance. Following the Public Hearing, Ms. Russell asked the applicant why, if there is a contract to sell the 115-acre parcel as two lots, he is unwilling to show that division on the plat. Mr. Simpson said that he had just heard about the situation in February and is only asking for 3 lots. Mr. Bruguiere said that the plat shows 3 lots and that it is none of the Commission's business who the applicant has entered into a contract with. Ms. Russell said that she would not feel comfortable voting for a 3-parcel plat when it is clearly a 4-lot plat. She said she does not feel sure the plat is a clear representation. Mr. Simpson said that nothing is being misrepresented. Commissioners voted 5-1 (Ms. Russell voting no) to recommend approval of the final plat. PRELIMINARY PLAT/DUTCH CREEK SUBDIVISION - The applicant, Home Run LLC represented by Mr. Ray Pennington, submitted a preliminary plat to divide 216 acres into 19 lots ranging in size from 2.4 acres to 20.2 acres. The lots will be served by individual wells and septic systems with underground utilities. Mr. Boger noted that the one access would be from Saunders Lane and that a dry hydrant would be required for the subdivision. Mr. Boger also reported that the boundary dispute appears to have been resolved. He noted that the applicant is considering phasing the development and that the Planning Commission would have to consider that process, possibly approving a final plat as each section is developed. Mr. Pennington said that the group has worked hard to lower the density to 19 lots from the original proposal of 90 lots, and to address the other concerns of the community. He said that the boundary disputes have been settled by agreement with legal paperwork still to be dealt with. He said that the group is interested in possibly developing the lots along the road first with the development at the back of the property to be done later. During Public Comment, Mr. Chapin Wilson of Laurel Road said that he and Mr. Pennington had worked out the boundary dispute by agreement with legal work still in process. He presented a letter from the other landowners involved in the boundary dispute, Mr. and Mrs. Thomas Cabrera, noting that the disputed property line had been worked out by agreement. Ms. Wisteria Johnson, Peavine Lane, thanked Home Run LLC for working with the people in the area to address the concerns. She said that the outlet for the subdivision on Saunders Lane will come out directly across from her family's cemetery, creating the opportunity for loitering, trash and disrespect to those buried there. She said that she hoped there would be a way to change or relocate the planned outlet to show the proper respect. Mr. Bo Delk of Lovingston, referring to the requirement that the subdivision have a dry hydrant, said that the area fire department would probably prefer to utilize public water located nearby instead. Mr. Boger clarified that only the Board of Supervisors can waive the dry hydrant requirement, but that the local fire department could submit their thoughts in writing for consideration of a waiver. He noted that any subdivision lot under 5 acres triggers the dry hydrant requirement but that the dry hydrant location is required on the final plat rather than the preliminary plat. Following Public Comment, Ms. Proulx asked Mr. Pennington if he had any comment on Ms. Johnson's concerns. Mr. Pennington said that he is willing to work on it to see if a better solution could be found before the final plat is submitted. Ms. Russell said that the project is a vast improvement over the one submitted a few months ago. Commissioners voted 6-0 to approve the preliminary plat with the understanding that the boundary dispute be legally resolved before submission of the final plat and with the hope that something could be done to reposition the entry road. PRELIMINARY PLAT/JOCKEY'S RIDGE - Mr. Howard Vance, representing Mr. John Holland, Jr., presented a plat to divide 34.41 acres into 17 two-acre lots on property located on Diggs Mountain Road (Rt. 668) off Oak Ridge Road. Mr. Boger reported that the applicant is requesting an exemption to the dry hydrant requirement with a supporting letter from the Lovingston Fire Department noting that they would prefer to use the fire hydrant at Rt. 29 and Oak Ridge Road. Mr. Boger noted that the applicant had changed some of the individual entrances to create joint entrances off Rt. 668. With no Public Comment, Commissioners voted 6-0 to approve the preliminary plat. REZONING REQUEST/MR. AL STACEY, GAIA HOMES, INC - The applicant is requesting a rezoning of five acres from Business (B-1) to Residential (R-2). The property is 13.02 acres located at 4300 Rockfish Valley Highway. The rezoning is requested to allow development of five multi-family structures with four residential units each for a total of 20 units (4 units/acre). In addition, the site plan shows a 6,000 square foot, 2-story commercial building, which will be located on the remaining parcel of the property retaining the B-1 zoning. The applicant offered the following proffer as part of the Conditional rezoning application: "I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in the submission of the Conceptual Plan dated 2/01/05." Mr. Boger noted that the proffer would require the applicant to come back to the county for any additional building to amend the proffer. He also noted that Mr. Stacey is the contract purchaser of the property and that the owner of the property has no problem with the rezoning application proceeding as submitted. Mr. Stacey said that the proposed buildings will be "barn-style" in keeping with Nelson's rural nature. He said that the office building will be super energy efficient and showcase what Gaia Homes does best. Ms. Hunt asked whether the apartments will be rentals and Mr. Stacey said that they will be affordable rentals. During Public Comment, Mr. Craig Cooper of Rodes Valley Drive expressed concerns about water, noting that there is not a lot of water in the Rockfish area. He also asked about the size of each unit. Mr. Stacey said that engineers have looked at the site and required 7 gallons of water a minute plus a 10,000-gallon holding tank. He said they felt there would be no problem with the water. He noted that each apartment unit will have 2 800-square foot, one-bedroom units downstairs and 2 two-bedroom units upstairs. Ms. Proulx said that she is very pleased with the proffer as it is very specific. Ms. Russell said that the project is welcome and an appropriate use of that land. Commissioners voted 6-0 to recommend approval of the rezoning of 5 acres per the development plan with the proffer as presented by the applicant. COMMUNITY CENTER DEFINITION - With no Public Comment, Commissioners voted 6-0 to recommend that the Zoning Ordinance be amended to include the following definition: "Community Center: A building and grounds used for recreational, social, educational, health, and cultural activities open to the public or a portion of the public, owned and operated by a public or private non-profit group or agency. The activities may involve leasing of space within the building for the sale of goods and services, offices subject to site plan approval, and any additional conditions that may be imposed to such sales of goods and services by the Planning Commission. The sale of goods and services may be carried out on a profit basis or for charitable non-profit purposes by the owner of the owner's approved lessee or licensee. There can be no exterior indication of commercial activities at the center such as outside storage, sales area and signage, except for the principal sign identifying the center with a listing of its tenants." SITE PLAN/NELSON COUNTY HIGH SCHOOL PARKING LOTS - Mr. Glenn Custis with Draper Aden Associates presented site plans for paving the existing student parking lot at the front of the school and for improvements to the staff parking lot located on the west side of the building. Mr. Boger noted two issues of concern - 1) existing problems with stormwater drainage; and 2) an existing septic system and possible drain field at the rear of the site along Drumheller Lane. Mr. Custis noted that the E&S plan for both lots has been submitted. He said that the proposal is to reduce the size of the staff parking area with grass islands to reduce runoff. He noted that the runoff rate will not change with paving the student parking area. Mr. Custis said that the existing septic system will be dug up and dealt with following Health Department guidelines. Dr. Roger Collins, School Superintendent, reported that the engineers for the previous project are working to resolve existing runoff issues. During Public Comment, Mr. Jim Hooker of League Lane said that he is not against paving the parking areas, but he wants the runoff issue resolved first. Mr. Ronald Collins, adjoining landowner, said that he is also concerned about the water and the damage it has done to his property. He said the problem has been going on for 3 years and he just wants it fixed. Mr. Harman said that he does not think this paving project should start before the existing problems are fixed. Mr. Bruguiere said that he would like to delay approval for a month to get more information from the Soil & Water staff. He volunteered to work with Dr. Collins, TJSWCD and VDOT to get the problems from the earlier projects corrected. The site plan was tabled until the April meeting. Meeting adjourned. ------------------------------------------------------------------------- OF INTEREST: - MARCH ON 56 Litter Pickup on Rt. 56 - registration each Saturday 8:30-9 with pickup from 9:00-11. Safety vests &bags provided; wear bright clothes, sturdy shoes and bring your own gloves. Volunteers must be at least 12: * Saturday, March 26 Massies Mill to Montebello (12 miles) - register at Tye River Memorial Park in Massies Mill (near Dickie Road). Note: Donuts and coffee served during registration with bottled water provided. The Sierra Club will provide lunch for workers at the Tye River Memorial Park after the pickup. Volunteers eligible for "road prizes". Call 263.6915 or 377.5321 for more information. ------------------------------------------------------------------------ This report, sent to over 600 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