UPCOMING: - Thursday, June 30th - BOARD OF SUPERVISORS' ZONING 6:00pm Courthouse - Wednesday, July 6th - BOARD OF SUPERVISORS' ZONING 6:00pm Courthouse - Wednesday, July 6th - RURAL NELSON MEETING 7:30pm at the office at 622 Front Street, Lovingston. ------------------------------------------------------------------------- VOLUNTEERS NEEDED: - Sunday, June 26th to work the gate for Rural Nelson at the Summer Festival. Workers needed 11:30am-2:30pm. ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, June 22, 2005 Present: Ms. Phil Proulx, Dr. Valdrie Walker, Ms. Linda Russell, Mr. Mike Harman, Ms. Emily Hunt Absent: Mr. Tommy Bruguiere FINAL SUBDIVISION/MR. WILLIAM L. WHITEHURST - The applicant submitted a final plat to divide 195.291 acres on Carter Road in Schuyler into 7 lots ranging in size from 9.969 to 80.563 acres. With no public comment, Commissioners voted 5-0 to recommend approval. SPECIAL USE PERMIT/MR. CLAYTON DALE EVANS - The applicant requested permission to place a doublewide manufactured home on 1.29 acres located on Lonesome Pine Road (Rt. 649) in Shipman. The property is zoned Residential (R-1) which requires a permit for placement of a manufactured home. Mr. Boger noted that there are a number of manufactured homes in that area so the character of the neighborhood would not be changed by granting the permit. With no public comment, Commissioners voted 5-0 to recommend approval subject to VDOT approval of the entrance and Health Department approval of the septic system. PRELIMINARY SUBDIVISION/MR. CLARENCE CRAIG, JR. - The applicant submitted a plat to divide 16.70 acres into 6 lots ranging in size from 1.4 to 3.8 acres on property located between Oak Ridge Road and James River Road across from the VDOT Shipman Office. Commissioners voted 5-0 to approve the preliminary plat. PRELIMINARY SUBDIVISON/MS. MARLO GAYLE ALLEN - The applicant submitted a plat for division of 2.1 acres from 5.973 original acres of property on Rockfish Valley Highway, leaving a residue of 3.9 acres. Mr. Boger noted that the 2.1-acre lot does not front on a public road built to state or county standards but has an existing 35-foot right-of-way designed to meet the requirements of the 2004 one-time division. An exception to Section 4-7-C and Section 4-6-C must be obtained from the Board of Supervisors to use the existing right-of-way. Mr. Massie Saunders, representing the applicant, said that Ms. Allen intends to proffer no further division of the property and that the original division of the property was done to settle the estate, not by the applicant. With no public comment, Commissioners voted 5-0 to approve the preliminary plat contingent on the applicant obtaining an exception from the Board of Supervisors for the road frontage and subject to a proffer of no further subdivision of the property. SITE PLAN/AFTON SERVICE CENTER - Mr. Tommy Harvey submitted a site plan for an addition to the Afton Service Center on Rt. 151. Ms. Russell asked whether there would be additional lighting for the addition. Mr. Harvey said that no additional lighting is planned. Commissioners voted 5-0 to approve the site plan. SPECIAL USE PERMIT/HIGH COUNTRY ASSOCIATES (HCA) - The applicant has applied for a permit to reallocate 150 development rights from Single-Family to Mixed Use in the Valley Village area located west of Monocan Drive in the general area of the Tuckahoe School and behind Valley Green Shopping Center. The proposal does not include the approximately 3 acres at the entrance to Stoney Creek and the use for that property has not yet been determined. Mr. Boger reported that the County Attorney, Mr. Payne, had responded to the questions of the Commissioner's based on the zoning ordinance and noted that many of the questions were related to internal Wintergreen issues. Mr. Payne indicated that the issues related to the covenants are between the property owners and the developers. He determined that the ordinance does not, at this stage, require a final plan but only a schematic preliminary plan, which was submitted with the conditional rezoning application in 2004. Mr. Payne indicated that the pending litigation should not be considered as a part of the current proposal. Mr. Boger noted several questions and concerns with the current application: 1. a site plan was previously submitted showing the area used for assisted living housing so the applicant would need to submit a final plan showing the new use; and 2. the developer of the assisted living housing requires only 120 development rights so it is unclear what the remaining development rights would be used for. Ms. Proulx asked what the total acreage is on the parcel. Mr. Boger said that it is approximately 32 acres. Ms. Proulx then noted that the only issue the Commissioners can consider with the final plat is whether it meets the requirements of the Master Plan. Mr. Boger agreed and said that the Commission does not have much control over the preliminary plan under the Residential Planned Community District (RPC). Dr. Walker clarified that the only question to address is whether it is appropriate to allow the transfer of 150 single-family residential rights to that area. Mr. Boger said that currently that area is earmarked for commercial so the Commission would have to decide which is more appropriate. Ms. Proulx said that the Commission has to look at what is being presented rather than what could be developed. She said that while she appreciates the flexibility allowed by the RPC zoning, a current schematic would be useful as the one submitted does not match what was approved and needs to be revised. Ms. Russell said that under the Master Plan, approximately 1,000 units were planned for Stoney Creek. She said that the county has approved an additional 175 units and that the applicant is asking to transfer 150 units to this property which will not affect the overall density. She said that currently mixed use and residential are allowed in that area and is appropriate for the area. Ms. Russell said that she is very uncomfortable with the vagueness of the plan submitted however, and she would like to see something current as a plan especially since the 175 senior housing units are now only 120-130 units. Mr. Stuart Sadler, representing HCA, said that the area now planned for senior housing is 13.8 acres and the property in question in this application is 18 acres. He said that actually, HCA is not transferring development rights but requesting that the county allow more units in this particular area than allowed under the current Master Plan. He said that some of the residential units may be needed for the senior housing project - to allow that project to begin prior to the litigation being settled. Ms. Proulx said that the original project was tied to the senior housing project and that she hesitates to do something that could change that. Ms. Russell said that because the county limited the 175 units to senior housing, she would be tempted to allow the 150 for this property. In response to a question from Ms. Russell, Mr. Boger clarified that Mixed Use would allow the residential development of single-family, multi-family, apartments and duplexes. Ms. Proulx said that she does not believe that what is being requested matches what is being shown on the schematic. She said that she does not like the idea that the county is being asked to approve a contingency plan if the 175 senior living units fall through. Ms. Russell noted that if the 175 senior living units fall through, HCA would have 150 units for the entire 32-acre parcel rather than just the 18-acre parcel in the application. Mr. Boger agreed but noted that HCA could apply to have the condition regarding senior living housing removed. Dr. Walker moved (Mr. Harman seconded) to recommend approval of the application to move 150 development rights from Single-Family to Mixed Use. Commissioners voted 2-3 on the motion (Dr. Walker, Ms. Hunt and Ms. Proulx voting no). Following the vote, Ms. Hunt and Ms. Proulx said that they did not have the information needed to make a decision. Dr. Walker agreed, saying that there was no clear schematic on which to make a decision. Ms. Russell said that Article 14 requires a schematic preliminary plan be submitted with the application and that that has not been received. She said that the previous schematic does not come close to the current proposal. Meeting adjourned. ------------------------------------------------------------------------- OF INTEREST: - Thursday, July 21st "Why the Civil War Still Lives" - Speaker James I. Robertson, Jr., Alumni Distinguished Professor of History. Reception at The Nelson Center 6pm-7:30pm $25 per person (wine, cheese, heavy hors d'oeuvres &lecture). Lecture at 8:00pm at Nelson County High School Auditorium $10 per person for lecture only. All proceeds benefit Nelson County Museum of History-Oakland. Contact Bernie McGinnis at 263-5321 (bkmcgi@aol.com) for information. RSVP by July 7th. ------------------------------------------------------------------------- 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