UPCOMING: - Thursday, April 6th - ECONOMIC DEVELOPMENT AUTHORITY - 12:00noon at Central VA Electric Cooperative - Tuesday, April 11th - BOARD OF SUPERVISORS - 2:00/7:30pm Courthouse - Wednesday, April 12th - BOARD OF SUPERVISORS' BUDGET SESSION - 6:00pm Courthouse ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, March 22, 2006 Present: Ms. Emily Hunt, Mr. Mike Harman, Ms. Delores Truesdale, Ms. Linda Russell, Mr. Tommy Bruguiere (Staff: Mr. Fred Boger) Absent: Ms. Philippa Proulx REZONING/ROCKFISH INVESTMENT CO. LC - Mr. Gordon Smyth, Managing Partner, has requested a rezoning of approximately 6.647 acres from Agricultural (A-1) to Business (B-1) Conditional. The property is located on Pheasant Run in Nellysford behind the Montague-Miller Realty office. A final subdivision plat was approved in 1992 dividing the tract into five residential lots. Mr. Boger reported that the applicant has a client interested in purchasing a lot to construct a new building for a physical therapy practice. He noted that the applicant has offered the proffers to exclude the following uses: 8-1-5 Gasoline filling stations and/or the servicing and minor repairing of motor vehicles when in an enclosed structure. 8-1-6 Golf driving ranges and miniature golf courses. 8-1-11 Waterfront business activities: wholesale and retailing marine activities such as boat docks, piers, small boat dock, yacht clubs, and servicing facilities for the same; activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront. 8-1-14 Sale of new and/or used cars. 8-1-20 Automobile graveyard, class A. Mr. Boger noted that trends in the area make the property incompatible with residential and that the proposed rezoning would fit into future plans for the area as defined in the Comp Plan and in the working Zoning Ordinance draft. Ms. Russell asked whether the applicant could put a physical therapy office on the property under the A-1 zoning. Mr. Boger said that he could with a Conditional Use Permit but that the applicant felt the rezoning was more appropriate. Ms. Russell noted that the Commission does not usually rezone property for one lot. She said that the property was originally laid out for residential and whether it would work for a business with no set backs in B-1 is a concern. Noting that the original plat shows about one-half acre of open space, she said that it is unclear what applies from the subdivision plat and what does not. Ms. Russell asked what the property would be zoned under the new Zoning Ordinance. Mr. Boger said that it would be zoned Village Mixed-Use. Mr. Bruguiere noted that the VM-U designation would allow business. He asked whether, if rezoned, the applicant plans to put the road in as noted on the existing plat, make boundary line adjustments or bring in a new plat. Mr. Boger said that if the applicant simply makes a boundary line adjustment, approval would be done administratively. He noted that the applicant will still have to do a site plan, E&S plan and get approvals from any other applicable agencies. Mr. Sam Eggleston, representing the applicant, said that three of the adjacent parcels along Rt. 151 have already been rezoned to Business and that, with what is already happening in the neighborhood, it makes sense for the parcels in question to be zoned Business. He said that the applicant will probably have to reconfigure the parcels and that there are no plans for the residue at present, although the applicant feels that similar uses, such as offices or small retail, would be appropriate. With no Public Comment, Mr. Bruguiere noted that since the property is contiguous with other Business properties, spot zoning will not be a concern. Ms. Russell said that, while she is pleased that the applicant included the proffers, she would have also liked to see 8-1-15 (Public Utilities) included but would not vote against the rezoning because it was not included. She said that she thinks the proposed rezoning is for a realistic use of the property and fit with what is envisioned for the future of Nellysford. Commissioners voted 5-0 to recommend approval of the rezoning from A-1 to B-1 Conditional with the proffered excluded uses as listed above. FINAL SUBDIVISION/ROCKFISH HEIGHTS - The applicant, Winter Wren, LLP, represented by Mr. Jace Goodling and Mr. Tim Luwis, has submitted a final plat to divide 33.843 acres into 7 lots ranging in size from 2.147 to 5.874 acres on property located on Spruce Creek Lane (Rt. 627) in Nellysford. Mr. Boger noted that VDOT has approved the entrance and the soils work has been approved. He reported that the E&S plan is nearing final approval. Mr. Boger said that a draft of the homeowners' agreement and covenants has been received but that the applicant will be amending that agreement based on Thomas Jefferson Soil & Water Conservation District comments. He noted that the Army Corps of Engineers has been to the site to look at the stream on the property and that the applicant is planning to install a 10,000-gallon tank for a dry hydrant system based on the calculations provided by the Fire Marshall's office in Roanoke. Ms. Russell, noting that this development is to be done in two phases, asked Mr. Boger whether a preliminary plat approved under the existing zoning ordinance in its entirety but with Phase 2 actually developed under a new zoning ordinance would be subject to the old or new regulations. Mr. Boger said that that would depend on how the Board of Supervisors wrote the ordinance. He noted that the Board could include language designated a period of time for subdivisions in process to complete their application in order to be grandfathered under the existing ordinance. Mr. Goodling noted that, in addition to the required stream buffer on each lot, there will also be a lot clearing limit of 50 feet from the footprint of the house. He reported that final information is pending from the Fire Marshall's office but that, at present, the plan is to install a 10,000-gallon tank for the dry hydrant. With no Public Comment, Commissioners voted 5-0 to recommend approval of the final plat contingent on E&S approval and receipt of the revised homeowners' covenants. Ms. Russell noted that, although not required, the county would like to receive a narrative on the size and construction of the dry hydrant. SITE PLAN AMENDMENT/VIRGINIA OIL COMPANY - Virginia Oil Company, owner of the Liberty station on Callohill Drive in Lovingston, has requested an amendment to their site plan to for a platform located under the gas price sign to enable employees to change the prices more efficiently. The deck is 20 feet long, 4 feet wide and 3 feet above the dirt mound under it and would be an accessory structure for the existing building. Ms. Russell said that she had done a survey in Charlottesville and along Rt. 29, noting that most gas stations have signs lower than the 35-foot sign at Liberty. She said that those with a 35-foot sign usually have the name of the business at 35 feet with the gas price sign lower. Ms. Russell said that she has walked the platform at Liberty and is concerned that it is an attractive nuisance and could be a safety concern. She said that there are other ways to accomplish what the applicant wants and that she will not vote for the amendment. Commissioners voted 3-2 (Ms. Russell and Ms. Hunt voting no) to approve the site plan amendment. RESOLUTION OF INTENT TO AMEND ZONING ORDINANCE/VEGETATIVE RUBBISH RECYCLING FACILITY - The Board of Supervisors has submitted a resolution of intent to amend the ordinance to the Commissioners, who have 100 days to make a recommendation on that resolution. Ms. Russell suggested that the Commissioners provide staff with a list of the information they would like to review, plan to discuss the amendment at the April meeting and advertise a Public Hearing for the May meeting. Ms. Russell also suggested that the proposed amendment should include guidelines for the information to be submitted with an application so that each applicant will start on the same footing. She said that she would like to see a draft zoning map so the Commission could also include a recommendation on a Vegetative Rubbish Recycling Facility for the new zoning ordinance. Mr. Bruguiere noted that the zoning map is subject to change without notice. Ms. Russell noted that the proposed definition does not clearly indicate that the materials will be ground on the property. Ms. Hunt said that the phrase "temporarily stored" is also not clear. Mr. Harman said that the ordinance should also mention items that should not be ground, such as treated or painted wood. Ms. Russell asked staff to provide a copy of Section 10-1.T. of the Solid Waste Ordinance, as referenced in the proposed amendment. RESOLUTION OF INTENT TO AMEND ZONING ORDNANCE/PERMITTED RESIDENTIAL USE IN A BUSINESS DISTRICT - Ms. Russell suggested that the Commission consider whether a residential use in a Business District should have a set back requirement or be allowed to go right up to the street as allowed for a business. Ms. Russell asked staff to provide information on the existing B-1 areas in the county, as those would be affected by the proposed amendment. Commissioners agreed to discuss the two proposed amendments during their April meeting. Meeting adjourned. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- OF INTEREST: - Part II of March on 56 (the final phase for 2006) is this Saturday, March 25. Meet at 9 a.m. at Saunders Brothers Nursery (on Rt. 56 west of U.S. 29) to register. Work for 2 hours, quit at 11 a.m., and feel proud to be part of a group effort. Keep Nelson Beautiful is sponsoring the event, and each additional pair of hands means one more stretch of this scenic road is freed from litter. The result of operating this event every year is that we are picking up less litter than in the past. The Sierra Club will sponsor a picnic for participants on March 25. Please call 434-263-7098, 434-6714, or 450-377-5754 for more info. or if you plan to attend the picnic. - 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. ------------------------------------------------------------------------- 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