UPCOMING: - Tuesday, October 3rd - BOARD OF SUPERVISORS' WORK SESSION 6:30pm Courthouse - Thursday, October 5th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm at the Nelson Center -------------------------------------------------------------------------- MARK YOUR CALENDAR: - Thursday, October 26th - "The Works" - water, sewer, biosolids, recycling and solid waste disposal - co-sponsored by Rural Nelson and Keep Nelson Beautiful 7:30pm at Lake Monocan at Stoney Creek. ------------------------------------------------------------------------- VOLUNTEERS NEEDED: - Jubilee House Steeplechase at Oak Ridge on Sunday, October 29th. Rural Nelson will earn a donation for our work. Volunteers needed from 9am-1pm and 1pm until dark to park cars and work the gates. Please let us know if you can help. ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, September 27, 2006 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Mr. Tommy Bruguiere Absent: Ms. Delores Truesdale EXCEPTION TO PRIVATE STREET CONSTRUCTION STANDARDS - Mr. William Whitehurst, applicant, has requested an exception to Section 4-6-C to reduce the shoulder width of the road for the Whitehurst Subdivision on Carter Road in Schuyler. The applicant wants to reduce the shoulder width to 2 feet (instead of the required 4-5 feet) on each side in three sections along the 3,000-foot roadway in order to save mature hardwood trees and disturb less earth. The road must be built to the standards for a Class I road, including the required 16-foot road surface. Mr. Boger reported that Thomas Jefferson Soil and Water Conservation District has reviewed the request and concluded that the proposed change would not significantly affect the runoff characteristics, hydrologic calculations or the approved erosion control measures for the road. With no public comment, Mr. Bruguiere said that he had no problem with granting the exception as the applicant is narrowing the ditch and not the road. Commissioners voted 5-0 to recommend granting the exception. EXCEPTION TO PRIVATE STREET CONSTRUCTION STANDARDS - Mr. and Mrs. Dabney Holt, applicants, have requested an exception to Section 4-6-C to reduce the required 16-foot road width to 14 feet for the bridge currently used to access their property, in anticipation of dividing a 27.75-acre parcel into 5 lots. The property and bridge are located on Deer Run Drive in Nellysford. Mr. Boger reported that Mr. Holt had received county approval in 1995 to replace the original bridge with the current one and that a certified engineer has stated that the bridge is safe for traffic and fire equipment. He noted that Deer Run Drive is approximately 14 feet wide and would have to be widened to comply with the subdivision road standards of 16 feet. Mr. Boger said that if the exception is granted, consideration should be given to requiring higher guardrails on the decking and higher abutment wings on each end to improve safety. Ms. Proulx asked why the applicant is requesting a road exception before submitting a subdivision plat. She noted that the subdivision plans may have bearing on the bridge issue. Mr. Boger said that the road exception is critical to the applicant's planning before they go to the expense of engineering and surveying. Mr. Mike Crabill, representing the applicant, said that the Holt's intent is for 5 lots on 27 acres, believing that that is the maximum the land will support given the topography of the parcel. Ms. Proulx asked whether there are any other roads to this property that could be considered. Mr. Crabill said that there is a road to Adial Road but that Deer Run Drive would be the quickest route to Nellysford for residents in the subdivision. Mr. Crabill noted that a number of landowners had contributed to the building of the bridge and have a vested interest in that bridge. He said that to now build a bridge with a 16-foot deck would be a more dangerous situation as a 14-foot bridge is obviously a one-lane bridge. Ms. Proulx said that she would think that the bridge would have to be 16 feet plus the equivalent of the required shoulder width. Ms. Russell asked how many households are currently served by Deer Run Drive. Mr. Crabill said that 6 to 8 properties are served. Ms. Russell asked whether Mr. Holt owns other properties in the area and Mr. Crabill said that he does. Ms. Russell said that the issue now is five lots but that there may later be many more using a 14-foot bridge. Mr. Bruguiere said that he would think that the applicant would have to come back to the county if there were further division of property. Ms. Russell said that if the exception is granted, the applicant would not have to come back. Mr. Bruguiere said that limiting the divisions could be a part of granting the exception. During Public Comment, Ms. Judith Williams, a resident on Deer Run Lane and landowner adjacent to the planned subdivision, said that from her property over the bridge to Rt. 151 is a basic farm road that floods three or four times a year. She said that there used to be good access from Deer Run to Adial Road but that that road is hilly and low-lying, often flooded. Ms. Williams said that she and other residents pay for gravel and maintenance of the road each year. She said that the residents are concerned about increased traffic on a road in very poor shape and a narrow bridge. Ms. Russell asked Ms. Williams whether there is an agreement as to the rights and responsibilities for the road. Ms. Williams said that she has spent considerable money for the road maintenance but that there is no written agreement. She said that Mr. Holt does not own the road and that the bridge was built by several landowners. Ms. Proulx asked Mr. Crabill to clarify who actually owns the road. Mr. Crabill said that Mr. Holt owns land from Rt. 151 to the other side of the bridge and that the bridge is on Mr. Holt's property. Mr. Crabill said that he is not sure who owns the road from the bridge to Rt. 151. Ms. Proulx noted that Mr. Holt was the applicant for the bridge replacement in 1995. Ms. Russell asked about the access to the new subdivision and whether the property owners in the subdivision would have to cross the bridge. Mr. Crabill said that they would. Ms. Russell said that that would mean that the new residents will be driving on a road not owned by Mr. Holt. Ms. Proulx said that her concerns are granting a road exception for a subdivision that the county knows nothing about and how many other subdivisions and properties could use this bridge in the future. She said that she is not saying that the exception should not be granted, but that she does not feel comfortable granting it without knowing what the potential development could be in that area. Ms. Russell pointed out that the 1995 minutes indicate that any future development of the property would require that the road be brought up to county standards, which the landowners knew when they built a 14-foot bridge instead of the required 16-foot bridge. Ms. Hunt asked who is responsible for the upkeep of the bridge if there is no written agreement. Mr. Crabill said that there was a low-water bridge and that Mr. Holt contributed the bulk of the money to replace that bridge as a community service. Ms. Proulx said that she understands that it was a community service, but that she is concerned about future residents. Ms. Russell said that she would want more specific information on safety improvements to the guardrails in the exception were granted. She said that she would be willing to vote for recommending the exception for no more than 5 additional households. Ms. Proulx said that she is not sure if that restriction would hold up, noting that another landowner could decide to subdivide. Mr. Boger said that the restriction would apply only to this applicant. Ms. Proulx said that she is also unsure who has legal rights to use the bridge. She said that she would like a legal opinion on whether there can be a restriction to only these five lots when others have a right-of-way. She suggested postponing further discussion on the issue for one month to allow staff to provide information on what properties use that bridge; specifically what kind of safety requirements should be included; whether there is an actual maintenance agreement; a legal opinion on whether there can be a restriction on the number of divisions. Ms. Proulx pointed out that the Commission still does not actually know what this subdivision will be. Commissioners voted 5-0 to postpone the issue until their next scheduled meeting (October 25th). PRELIMINARY SUBDIVISION/PIEDMONT LANDING - The applicants, Countryside Services Company, L.C., represented by Mr. Massie Saunders have submitted a preliminary plat to divide 100.025 acres into 13 lots ranging in size from 4.5 acres to 11.5 acres. The property is located on Tye River Road (Rt. 657) one-half mile south of Rt. 660 and is zoned Agricultural (A-1) and Floodplain (in part) along the Buffalo River. Mr. Boger noted that the preliminary soils work has been done with no identified problems and that electric service can be provided for the lots. Ms. Proulx asked how many entrances were planned onto Tye River Road. Mr. Saunders said that there will be two shared entrances and that other lots may share entrances, but he does not know that at this time. He noted that the lots will be sold, with individual buyers building their own houses. Ms. Russell noted that there would be potentially 11 entrances onto the road. Ms. Proulx said that the county can only suggest shared entrances and cannot require them. During Public Comment, Ms. Donna Evans, a landowner behind the proposed subdivision, said that the access to her property is through this subdivision. She said that she is concerned that the new owners could put up gates. Ms. Proulx explained that the right-of-way concern is a legal issue and not one that the Commission can address. Ms. Russell asked who Countryside Services is and Mr. Saunders said that Countryside developed Arrizona and Tye River Station subdivisions. Ms. Russell said that, while she is not happy with all the entrances onto Tye River Road, the ordinance will not let the Commission do anything about that. Commissioners voted 5-0 to approve the preliminary plat dated "Revised 9/25/06." SPECIAL USE PERMIT/MS. LORI BRECHLIN - The applicant has applied for a permit to allow sale of self-produced wool-related items and the sale of additional handcrafted items from other local artisans on property located at 3530 Tye River Road. The property is zoned Agricultural (A-1). The applicant noted that VDOT has visited the site and will require an extension of the road pipe from 30 feet to 50 feet. With no public comment, Commissioners voted 5-0 to recommend approval of the permit. Meeting adjourned. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- OF INTEREST: - September 30th - Volunteers needed for the Charlottesville Vegetarian Festival - call 434.979.1200 or email volunteer@cvillevegfest.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 Lovingston, VA 22949 434.263.5000 www.ruralnelson.org