UPCOMING: - Tuesday, March 14th - BOARD OF SUPERVISORS - 2:00pm/7:30pm Courthouse - Wednesday, March 22nd - PLANNING COMMISSION - 7:30pm Courthouse ------------------------------------------------------------------------- PLANNING COMMISSION - SPECIAL MEETING Wednesday, March 8, 2006 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Delores Truesdale, Mr. Tommy Bruguiere (Staff: Mr. Fred Boger) Absent: Ms. Linda Russell CRABAPPLE ESTATES - On February 22nd, the Planning Commission considered a final subdivision plat dividing 29.584 acres into 23 lots ranging in size from 1.00 acres to 2.470 acres on property located on Rt. 674 (Jenny's Creek Road) in Piney River. At that time, the Planning Commission 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. Following the February 22nd meeting and recommendation, the Commissioners learned that two statements made during that meeting were incorrect. First, it was stated that the E&S plan had been submitted and was under review, which was not correct. The plan was actually mailed to the Thomas Jefferson Soil & Water Conservation District Office on the day of the Commission's meeting. The second statement was that the developer had the right-of-way for the sewer line extension. After reviewing his documents, the developer later concluded that he did not have the right-of-way along Jenny's Creek Road. Based on these two incorrect statements, the Commissioners held a Special Meeting to affirm, modify or rescind and/or adopt a new resolution regarding this proposed subdivision. Mr. Boger said that he has verification from TJSWCD that the plan has been received and is under review. He noted that the Army Corps of Engineers will also inspect the site to determine whether there are wetlands on the property and whether the wet-weather branch is a branch or an actual stream. Mr. Rob Rutherford, owner of the property, presented a copy of the signed easement for the sewer line extension for the first phase of development - 16 lots. Mr. Harman said that the Army Corps of Engineers' inspection could make a difference in the final plat if their determination requires a 50-foot building setback. He said that that setback could change the number or size of the lots. Ms. Proulx agreed, noting that this is a final plat approval. Mr. Boger said that the applicant can decrease the number of lots without going back through the approval process. Mr. Rutherford noted that the house footprint can be changed on each lot to allow for the 50-foot setback if required. Mr. Harman said that he is concerned about one-acre lots with a house, setback and individual well given the history of wells failing in that area. Mr. Rutherford said that he believes the lots are sufficient in size to accommodate the house, setback and well. Ms. Proulx asked whether the plat shows the sewer easement. Mr. Rutherford said that that easement will be the same as the electric easement shown. Ms. Proulx said that she was distressed after the February 22nd meeting to learn that the E&S Plan had not been received and that a sewer easement was not in place, noting that some of the Commissioners based their vote on that information. Mr. Rutherford apologized for the misunderstanding on both issues. Ms. Proulx noted that the present consideration is an administerial process if the requirements have been met. She said that the Commission had taken a vote on recommending approval with three conditions and can now do nothing, allowing those conditions to stand; can amend the conditions; or can rescind approval. Mr. Harman said that he would like to see the Army Corps of Engineers report and the actual E&S Plan approval before recommending approval. Ms. Proulx noted that the Commission has, in the past, given approvals contingent on the approvals of the various required plans, although in the future the Commission may need to discuss how to handle those approvals. She noted that the Army Corps of Engineers' approval was not included in the original conditions and could be included in an amended motion. Ms. Proulx also said that her original issue, that there is not public sewer available for Phase II of the development, is still a concern. She noted that the county has a responsibility to make sure that an approved subdivision has all of the facilities it is supposed to have. She noted that she also believes that the Army Corps of Engineers' report will be important. Mr. Boger said that the Commission could request that the developer put a note on the plat that no lots will be sold until sewer is available for those lots. Mr. Bruguiere said that the county could also do a phased approval as sewer is available to each phase. Mr. Boger agreed, noted that the county could approve Phase I with lots to be served by the existing Henderson's Store system with approval of Phase II pending availability of the Piney River III system. Ms. Proulx suggested that if the Commission were to amend to add more conditions, she would like to add that the county attorney review the easements to verify that they meet the county ordinance standards and that the Army Corps of Engineers determine whether there are wetlands and whether there is a wet-weather branch or a stream on the property. Mr. Harman said that he would also like to be sure that the proposed dry fire hydrant is sufficient. Mr. Boger said that the project engineer will have to certify that it meets state and federal standards and that there is no certifying agency in the county for dry hydrants. Ms. Proulx said that there should at least then be a condition that the system will be certified as meeting National Fire Code standards by an engineer. Ms. Proulx said that she still feels that the plat does not meet the requirements for sewer availability. Mr. Harman said that he felt the requirements were not met at the February meeting and that there is still concern over those same requirements now. He said that the Commission's job is to gather the required information rather than passing the problems on to the Supervisors. Ms. Hunt said that she has never been comfortable with accepting things on faith as it is unprofessional and leaves too many things undone. Ms. Proulx said that while there are still the same concerns, amending the conditions might be the more correct way to go. She said that she does not know that the Commission can comfortably go back and change everything now that the applicant has addressed the issues of concern. Commissioners voted 2-3 (Ms. Hunt, Ms. Proulx and Mr. Harman noting no) on a motion (Mr. Bruguiere/Ms. Truesdale) to amend the previous (2/22/06) motion to recommend approval adding the following conditions to be met before consideration by the Board of Supervisors: 1. Submission of an addendum to the final plat of the sewer and electric easements; 2. An approved E&S Plan; and 3. Approved permits from DEQ, Army Corps of Engineers and any other applicable agencies. (NOTE: As this motion failed, the recommended approval with the three conditions listed at the beginning of this report and approved by 3-2 vote at the 2/22/06 Commission meeting stands as the recommendation to the Board of Supervisors. The Board will consider the final plat at their April 11th meeting.) OTHER BUSINESS - Mr. Boger presented a Policy Change for Commission review. The change would require that all applicants for final subdivision approval and site plan review supply the county with written documentation that the required plans have been received and are approved or under review by the appropriate agency. Verbal verification by the applicant will no longer be acceptable. Ms. Hunt said that she would also like to see the Policy Change include a time deadline for receipt so that the Commission does not receive the documentation on the day of the meeting. Meeting adjourned. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- OF INTEREST: - Tuesday March 14th - 7:30pm - Courthouse - Public Hearing on the proposed Community Block Grant application to be submitted to the VA Dept of Housing and Community Development for the Lovingston Business District Revitalization Project. A fact sheet on the proposed project and draft proposal is available at the County Administrator's Office in the Courthouse. - Business After Hours with the Nelson County Chamber of Commerce - March 21st 5:30pm-7:30pm at Hill Top Berry Farm on Berry Hill Road in Nellysford. Drinks and appetizers provided. Bring a friend, a smile and a business card! RSVP by March 15th by leaving a message at 263.5971. - Thursday, March 30th - 6:30pm - "Biofuels: For Our Environment, Economy, and Security" by Public Policy Virginia. The forum will take place at the Thomas Jefferson Memorial Church (Unitarian Universalist) located at 717 Rugby Road in Charlottesville. For more information on the forum and speakers, go to www.ppvir.org. - 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 ------------------------------------------------------------------------- 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