UPCOMING: - Monday, August 29th - BOARD OF SUPERVISORS' ZONING WORK SESSION 6:00pm Courthouse - Thursday, September 1st - ECONOMIC DEVELOPMENT AUTHORITY - 3:00pm The Nelson Center ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, August 24, 2005 Present: Ms. Phil Proulx, Ms. Linda Russell, Mr. Mike Harman, Ms. Emily Hunt, Mr. Tommy Bruguiere COMMISSION RESIGNATION - Ms. Proulx announced that Dr. Walker has resigned the Planning Commission as she has taken a job in Florida. AG/FORESTAL DISTRICT - Commissioners voted 5-0 to refer an application for an addition of 220+ acres to the Dutch Creek District to the Ag/Forestal District Committee for review with a committee report requested by September 28th. In addition, Commissioners voted 5-0 to refer an application for a new 540+ acre Davis Creek District to the Committee for review with a committee report requested by September 28th. FINAL SUBDIVISION PLAT/JOCKEY'S RIDGE - The applicant, Mr. John C. Holland, Jr., submitted a final plat to divide 34.50 acres located on Diggs Road (Rt. 668) into 16 lots ranging from 2.0 to 2.97 acres. Mr. Boger reported that the soils work has been submitted and is being reviewed by the Health Department. He noted that there are several identified concerns related to drainfields in utility easements, storm water going into the area of the drain field on one lot and the possibility that two of the lots may have to be consolidated in order to establish an approved drainfield. Mr. Boger said that the Commissioners could approve the plat contingent on Health Department approvals. Ms. Proulx and Ms. Russell said that they would prefer to look at a final plat with Ms. Russell noting that the Health Department concerns could require a change to the number of parcels. With no public comment, Commissioners voted 5-0 to defer a decision to the September meeting to receive information from the Health Department on the drainfield questions and information on the utility easement issue. Ms. Russell also said that the exemption granted by the Board of Supervisors from the dry hydrant requirement should be noted on the final plat. FINAL SUBDIVISION APPROVAL/SPY ROCK - Ms. Kathleen Monaghan submitted a final plat dividing 17.428 acres into two lots 8.714 acres each located at the end of Fish Hatchery Lane in Montebello. Mr. Boger reported that the soils work is outstanding and that the applicant had left a message that she does not know at this time where the house will be located or when the second lot will be sold. Mr. Boger noted that the county's ordinance requires that the soils work be done before approval of the final plat. Mr. Sam Eggleston, representing the applicant, said that his client will hire a soil scientist if required by ordinance and asked the Planning Commission to consider approving the application contingent on completion of satisfactory soils work. Ms. Proulx said the issue could also be deferred until the September meeting. During Public Comment, Mr. Massie Saunders said that the process of completing soils work can take 4-6 months for approval. Mr. Bruguiere said that nothing could happen with the property until staff receives final soils work. Mr. Boger said that he does not believe the Commission can approve a final plat if the soils work has not actually been submitted to the Health Department as required by the county's ordinance. Commissioners voted 5-0 to defer a decision until their September meeting to allow the applicant time to get the Health Department review process started. FINAL SUBDIVISION APPROVAL/MARLO GAYLE ALLEN - The applicant has submitted a final plat to divide 5.973 acres into two lots of 2.1 and 3.9 acres on Rockfish Valley Highway. Mr. Boger reported that the soil work has not been approved by the Health Department for the new lot or for the existing dwelling to identify the primary and reserved drainfields. He noted that on August 9th, the Board of Supervisors granted an exception for the applicant to Section 4-7-C and Section 4-6-C to allow the applicant to use the existing road right-of-way and accepted the proffer of no further division of the property. Ms. Russell said that she would like the road exception, with the date granted, noted on the plat. Mr. Massie Saunders, representing the applicant, said that a soil scientist will not be available for at least several weeks so the soils work has not been done. Ms. Proulx said that the note on the plat that there will be no further division of the property without approval of the Board of Supervisors should be changed to delete "without approval of the Board of Supervisors". Mr. Saunders said that the Supervisors reviewed the plat and note when granting the exception and did not state that the note should be changed. With no public comment, Ms. Proulx asked staff to request a legal opinion on the Commission's options when Health Department approvals are pending. Ms. Russell agreed, noting that the first question is whether a final plat can be approved without completed soils work and then whether the plat can be approved contingent on completion of the soils work. Ms. Proulx also asked that staff review the August 9th minutes to determine what the actual language was on the Board's acceptance of the applicant's proffer of no further subdivision. Commissioners voted 4-1 (Mr. Bruguiere voting no) to defer a decision until their September meeting. FINAL SUBDIVISION APPROVAL/NELSON COUNTY HABITAT FOR HUMANITY - The applicant submitted a final plat dividing 5.70 acres into 4 lots ranging in size from 1.248 to 1.464 acres located on St. James Church Road in Piney River. With no public comment, Commissioners voted 5-0 to recommend approval of the final plat. PRELIMINARY SUBDIVISION APPROVAL/ROCKFISH HEIGHTS - The applicant, Winter Wren LLC, submitted a plat dividing 110 acres into 22 lots with an average density of one dwelling per five (5) acres on Spruce Creek Lane approximately .9 miles NW of Rt. 151. Mr. Boger reported that the developer has indicated that he will be constructing the project in phases with a final plat submitted for review and approval of the specific phase to be constructed. He noted that other localities are approving phased construction and bypassing the one-year state code deadline for construction after approval of the preliminary plat by considering the developer vested upon submission of the first-phase final plat. Ms. Proulx said that the Commission should be very clear about the legalities of phasing the final plats. Ms. Russell asked if the preliminary plat is approved and the development is done in phases, whether the other approvals would be done on the entire property or on the phases. Mr. Boger said that the E&S would probably be done on the entire property with road construction and soils work done in phases. He noted that as the county grows, larger subdivisions will take place with phasing becoming a useful tool. With no public comment, Commissioners voted 5-0 to approve the preliminary plat. Mr. Boger noted that the preliminary plat is good for one year with a six-month extension available. He said that the phasing component can be addressed in the final plat review, giving staff time to research the legality. Ms. Russell noted that she would like to have more information on how the dry hydrant for the project will work before the final plat is submitted. SPECIAL USE PERMIT/WINTERGREEN PARTNERS, INC. - The applicant has requested an ordinance amending the Master Plan by special permit to transfer 60 development units from Mountain-Single Family to Wilderness-Single Family for the possible development of 142 platted lots in the 1,422.888-acre Crawford's Knob area. Mr. Boger noted that the preliminary plat and schematic submitted meet the requirements of the county's ordinance. He noted that WPI is considering two options for the property - a 142-lot subdivision or a permanent conservation easement - and exploring which of the two options would be best. He noted that the final plan could be significantly different from the preliminary plat but the density could not exceed 142 lots. Mr. Brent Douglass, Director of Development for WPI, said that most of the land within the Crawford's Knob area was designated as wilderness tracts and that Wintergreen has been considering granting a conservation easement on the property. He noted that WPI has two options with the benefits of both alternatives being considered over a long period of time. Mr. Douglass said that the schematic presented shows 142 large lots within the allowed density for the area. He noted that there are currently 83 development rights available to that area so another 60 are required to complete the proposed project. He said that the additional 60 would also establish the value potential if a conservation easement is the final choice for the tract. Mr. Douglass noted that WPI is requesting the transfer of the 60 development rights to get what is needed for the project which will also lower the number of remaining development rights in the rest of Wintergreen. He noted that a conservation easement would remove all 142 development rights altogether. In response to Mr. Bruguiere's question about the financial benefits of the conservation easement, Mr. Douglass said that giving up the development rights on a parcel of land allows the donor to receive tax credits. During public comment, Mr. Russell Otis, representing Wintergreen Property Owners Association, endorsed the transfer of the 60 development rights. Mr. Doug Coleman, Executive Director of the Wintergreen Nature Foundation, said that his concern is protecting the Crawford's Knob area - a global-ranked and state #1-ranked ecosystem. He said that now is the best opportunity to protect this significant ecosystem. Mr. Tony Troy, Chair of the Board of the Wintergreen Nature Foundation, noted that WPI, WNF and WPOA are all in favor of the transfer, realizing that there are two options for the land. He said that WNF has been working diligently to develop a sound conservation easement and that it will be a win-win situation if the right choice is made between the two options. A representative from the Appalachian Trail Conference said that a conservation easement for the area would be the best and highest use based on biological resources and the importance of the area to the viewshed of the AT. Ms. Proulx pointed out that the application is for a transfer of 60 development units for the possible development of 142 lots. She said that a conservation easement is not within the Commission's consideration or within the Commission's ability to decide. Ms. Russell said that the Residential Planned Community designation does allow consideration of other options. She noted that 142 lots is a significant reduction from the development planned for the area, with 110 rights having already been transferred from the area to Stoney Creek. Ms. Proulx said that she wants to be clear that the application is transferring development rights for a possible development and not for enhancing a business' financial interests. Commissioners voted 5-0 to recommend approval. FINAL SITE PLAN/WINTERGREEN ASSOCIATE HOUSING - The applicant, WPI, has submitted a final site plan to construct 3 new buildings, 3 stories each to house seasonal and temporary employees adjacent to the existing parking lot "F" located on Wintergreen Drive. Mr. Douglass said that the intent is for 16 3-bedroom apartments with a manager's unit. Commissioners voted 5-0 to approve the final site plan. BOARD OF SUPERVISORS' LIAISON REPORT - Ms. Russell requested a report on Supervisor action on the Anderson's Market rezoning request and the HCA application to transfer development rights for senior housing and single-family residential. Mr. Bruguiere said that he would have a report on those items for the September meeting. Ms. Russell said that the HCA proposal considered by the Supervisors was very different from what came before the Planning Commission. She expressed concern that although the Board had the option to send the proposal back to the Commission, it had not done so nor was there an opportunity for public comment on the new proposal. Meeting adjourned. Copyright 2005 by Rural Nelson, Inc. All rights reserved. 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