OF SPECIAL NOTE: Rural Nelson will hold its Annual Meeting and Potluck Dinner on Wednesday, March 1st at 6:00pm at Hilltop Berry Farm (Rt. 612 off of Rt. 151). Please bring a favorite dish to share and invite a friend. Beverages provided. ------------------------------------------------------------------------- UPCOMING: - Monday, February 27th - BOARD OF SUPERVISORS' WORK SESSION - 5:00pm at the Courthouse ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, February 22, 2006 Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Delores Truesdale, Ms. Linda Russell, Mr. Tommy Bruguiere Absent: Ms. Emily Hunt SITE PLAN/GARDEN TRADE, LLC - Mr. Robert A. Ballard and Ms. Susan B. Viemeister have requested approval of a site plan for a proposed garden center to be located at 71 River Road, the former Walton's Mountain Store at Woods Mill. The proposed improvements include a greenhouse attached to the left side of the store; a small lath shed; a lath house at the rear of the building; outdoor sales benches for plants; a new well at the rear of the property; and a picket fence with gates across the front. The proposal includes 21 off-street parking spaces in addition to the existing spaces in the front. The property is zoned Agricultural (A-1) and the area for the garden center is located in the 100-year floodplain of the Rockfish River. Mr. Boger noted that in February, the Board of Zoning Appeals approved a Special Use Permit to allow the Garden Center to be located within the floodplain, provided new structures are constructed according to floodplain and building code requirements. The display tables will have to be anchored down to prevent floatation during a flood event. He reported that VDOT has agreed to permit the continued use of the existing parking area in front of the business, provided the applicants construct a traffic island in front to manage traffic ingress and egress. Mr. Boger said that the design of the new buildings and the anchoring of the tables must be approved by the County. Ms. Proulx asked for clarification on what county department must approve the anchoring plan. Mr. Boger said that the BZA condition required approval of both the Building Inspections Department and the Planning & Zoning Department. Ms. Proulx asked what chemicals or pesticides would be stored on the property, noting concern about those items in the event of flooding. The applicants said that most of the plants would be grown off-site with only a few, if any, organic products stored on-site. Mr. Harman asked whether there were any lighting or signage issues and Mr. Boger said that there are not. During Public Comment, Mr. Rob Rutherford said that the proposal is a great project. Commissioners voted 5-0 to approve the site plan dated 2/20/06 with the condition that the anchoring plan be approved by both the Building Inspections Department and the Planning & Zoning Department. FINAL SUBDIVISION PLAT/CRABAPPLE ESTATES - Mountain View III, owner and applicant, represented by Mr. Tommy Brooks of Acres of Virginia, has submitted a final plat to divide 29.584 acres into 23 lots ranging in size from 1.00 acres to 2.470 acres on property located on Jenny's Creek Road (State Rt. 674) in Piney River. Mr. Boger reported that the proposed road system for the development will be a single road and cul-de-sac with a radius of 80 feet and that the new road will be constructed to State Road Standards. He noted that a note has been submitted with the plat that the lots will be served by public sewer and that an E&S plan has been submitted to TJSWCD for approval. Mr. Boger noted that the two corner lots will have to have access of the new road (Crabapple Road) rather than off Jenny's Creek Road and that the applicant must supply information on the proposed dry fire hydrant. Mr. Harman asked what the plan is for water for each lot. Mr. Boger said that each lot will be served by individual wells and that a statement to that effect should be included with the plat before it goes to the Supervisors. Ms. Russell asked for clarification on the phased development and hookups to the county's sewer system. Mr. Boger said that Phase I will be 16 lots, provided there is sufficient sewer capacity for that many lots with the existing Henderson Store system. The remaining lots will be developed to connect to the proposed Piney River Phase III system. Mr. Brooks noted that VDOT has approved the entrance off Jenny's Creek Road and will have to sign off on the construction of Crabapple Road. He said that the applicant does now have an easement for the electric service and will have to finalize easements for the sewer line to the first phase of development. Mr. Brooks said that the dry fire hydrant will be constructed to national fire code standards and utilize the existing well on the property, which flows at 22 gallons per minute. He said that at a previous public hearing, residents had expressed concern about what kinds of houses would be built on the property and he showed a drawing of one of the houses, noting that the homes would sell for $145,000 to $165,000. He said that the development would take five years to build out. Mr. Bruguiere, noting a wet-weather branch on the property, asked Mr. Boger whether that branch would require the same 50-foot building setback as required for a stream. Mr. Boger said that the county's attorney would need to answer that question. Mr. Brooks said that if a 50-foot setback were required, the lots could still accommodate the homes proposed. Ms. Russell asked whether the existing well, to be used for the dry hydrant, would also be used for the residence on that lot. Mr. Brooks said that that decision has not yet been made and noted that the owner of that lot will be required to maintain and provide unlimited access to the dry hydrant to the fire department. Ms. Russell asked how deep the dry hydrant would be buried. Mr. Brooks said that it would be 8 feet deep. During Public Comment, MR. GEORGE CLARKSON, an adjoining landowner and Piney River Fire Chief, expressed concerns about the dry hydrant. He said that Piney River's pumper pumps 500 gallons a minute with the proposed dry hydrant using a well that flows at 22 gallons a minute. He said that what the applicant has referred to as a wet-weather branch is a pretty steady branch unless it is a very dry year. He expressed concerns about increased traffic. Mr. Clarkson said that there are a lot of "what-ifs" in the proposal. He said that part of the sewer lines are going through the Jenny's Creek wetlands and part of the lines are going up the road. He asked whose lands those lines are crossing. Mr. Clarkson said that he does not see how the county can approve the proposal like it is. MR. MASSIE SAUNDERS said that there are a lot of issues with the proposal, including fire protection issues. He said that there are already problems getting fire equipment into the area for brush and structure fires. He said that the stream on the property is a concern. Mr. Saunders said that water stands in trenches in that area because the soils will not perk. He said that he would like to see how water runoff will be controlled with 23 lots on a small piece of property with erosion taking place out there already. Mr. Saunders said that the dry hydrant is a concern and that the fire department would have to go off-site to refill the tanker after the first fill at the dry hydrant at 20 gallons a minute. He noted that the flow needed for a structure fire is 1,000 gallons a minute for two hours. Mr. Saunders asked who is granting the sewer easements as nothing is shown on the drawings. He noted that Nelson County Health Department studies show that 45% of the wells in that area of the county fail over time. Mr. Saunders said that the Piney River III project is, as of now, two to four years out with 100% of the 50-70 easements needed required in place before the system is built. He said that if the applicant were to decide to use alternative sewer systems, those plans have to be submitted and approved as a part of the subdivision plat. He noted that E&S and VDOT approvals have not been received. Mr. Saunders said that the Commission has turned other applicants away for not having approvals on all pieces as a part of the process. He said that the Commission should not then approve this application without approvals. Ms. Proulx asked whether there would be a pressurized line from the well to the dry hydrant and Mr. Brooks said that there is not a plan for a pressurized line at this time. He said that there are many subdivision roads in the county that are difficult for fire trucks getting in and out. Mr. Brooks said that he does not know VDOT's plan for road improvements through the Six-Year Plan and whether Jenny's Creek Road might be included. Mr. Brooks noted that Mr. Rutherford is the one taking the financial risk with the development. Ms. Proulx asked whether there is a wet-weather branch or a stream branch on the property. Mr. Brooks said that depends on the weather but that he has been there when it was dry. Ms. Proulx asked Mr. Boger whether the county requires proof of easements. Mr. Boger said that the county can request that we see the easements. Ms. Proulx said that she has a problem with approving a plan for public sewer when there is not presently sufficient capacity for the whole development. Mr. Bruguiere said that this development is planned for public sewer and cannot be built unless that access is available. He said that, unfortunately, unless the traffic count goes up to 50 vehicles per day, Jenny's Creek Road cannot be improved under the Six-Year Plan. Noting concerns with the dry hydrant, Ms. Proulx said that the applicant did repeatedly say that the system will meet the minimum standards. Ms. Russell asked Mr. Boger whether 16 more sewer hookups are acceptable to the DEQ in the existing system given past problems. Mr. Boger said that there are a maximum number of hookups allowed and the system cannot then be expanded. Mr. Harman asked where there is an actual sewer line easement for Phase I. Ms. Proulx said that she would like to require that the plat show the easements coming to the property. Mr. Bruguiere said that he is not sure that the applicant can be required to show anything not on that specific property. Ms. Russell pointed out that the site plan shows the electric access point but not the sewer access. Ms. Proulx said that she understands that that is off-site access but asked how the county knows that sewer is available to the site. Mr. Bruguiere said that the developer cannot build or get a building permit if he cannot get access to the sewer line. Ms. Russell said that she too is concerned about the sewer access issue but noted that the developer cannot build if he cannot get access. She also noted that the Commission has approved other site plans as long as the E&S plan has been submitted and is approval is pending. Commissioners voted 3-2 (Ms. Proulx and Mr. Harman voting no) to recommend approval of the final plat dated 2/22/06 with three conditions: 1. Lots 1 & 23 (corner lots) must access off Crabtree Road; 2. Approval of the E&S Plan to the satisfaction of the Planning Director; and 3. A determination to the satisfaction of the Planning Director as to whether a 50-foot setback is required from wet-weather branches. BOARD OF SUPERVISORS' LIAISON REPORT - Mr. Bruguiere reviewed last month's decision to grant a permit for residential use for St. Mary Church. He also noted that the Supervisors expressed concern that the Planning Commissioners make a recommendation to the Supervisors on each issue rather than sending the issue on to the Board without any recommendation. He said that the recommendation is needed to meet the legal requirements. Ms. Russell said that the issue is whether the Commission has enough information to approve or disapprove something. Meeting adjourned. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- OF INTEREST: - Available March 1st - Nelson County Prescription Discount Card - The card is free to county residents with no income or age requirements and allows unlimited use for the whole family. Save an average of 20% off the participating pharmacy's regular price on commonly prescribed prescriptions and an average savings of 50% on 3-month supplies of select generics through mail service. No claim forms and no annual fee to pay. There is a small processing fee charged at the pharmacy ($2.50-$3.50). Cards available March 1st at the County Administrator's Office, Nelson County Health Department and Nelson County Social Services Department. For more information, call 1.877.321.2652 or visit https://naco.advancerx.com - March on Nelson - March & April 2006: VDOT and Keep Nelson Beautiful will co-sponsor a county-wide litter pickup event this spring. Any group or individual can participate. VDOT will issue temporary adoptions for this single event. There is no obligation for future pickups. VDOT will provide the necessary safety equipment and bags. This temporary adoption is only available during the months of March and April 2006. Adopt-A-Highway (AAH) sponsors are our inspiration, but if you cannot permanently adopt, this is the perfect opportunity to participate without future commitments. AAH sponsors are encouraged to participate during the same time frame. March on Nelson will be registered with the State Department of Conservation & Recreation as a Stewardship event for 2006. Additional information is available by calling KNB representatives at (434) 263-6915 or (540) 377-5754 or VDOT representative at (434)263-2159. Application form is available online at www.nelsoncounty.com/keepnelsonbeautiful ------------------------------------------------------------------------- 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