TONIGHT (Thursday, October 26th): - "The Works" - panel discussion on 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 ---------------------------------------------------------------- UPCOMING: - Thursday, November 2nd - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center - Wednesday, November 8th - PLANNING COMMISSION WORK SESSION 7:00pm Courthouse - Tuesday, November 21st - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse (NOTE: This is a change from the regular meeting date) - Wednesday, November 29th - PLANNING COMMISSION 7:30pm Courthouse (NOTE: This is a change from the regular meeting date) -------------------------------------------------------------------------- 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, October 25, 2006 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Ms. Delores Truesdale, Mr. Tommy Bruguiere REZONING/MR. SCOTT COLLINS - The applicant, representing Piney Mountain Vinyl Siding, is asking to rezone 0.279 acres from B-1 (Business) to M-1 (Light Industrial). The applicant plans to purchase the property to add to property he currently owns (which is zoned M-1) on Cooperative Way in Colleen. With no public comment, Commissioners voted 6-0 to recommend approval of the rezoning. SITE PLAN/MR. SCOTT COLLINS - Mr. Massie Saunders, representing the applicant, submitted a site plan showing the addition of storage units for rental on the 2.316 acres (zoned M-1) and the 0.279 acres (requesting a rezoning to M-1) that the applicant plans to purchase. The storage unit development would utilize the existing Piney Mountain Vinyl Siding entrance off Cooperative Way. With no public comment, Commissioners voted 6-0 to approve the site plan (revised 10/24/06) contingent on the Board of Supervisors' approval of the rezoning of the 0.279 acres and receipt of the final E&S plan approval. SITE PLAN/BLUE MOUNTAIN BREWERY - Mr. Taylor Smack submitted a site plan for property located at 9585 Critzer Shop Road (Rt. 151) in Afton. The proposed facility will be a 3,360 square foot building with a brew area, tasting area and a kitchen. The proposal includes 12 off-street parking with one handicapped parking space. The plan shows landscaping to include hops along the front of the property with trees and shrubs around the parking areas. Ms. Russell said that the lighting plan needs to have more detail and said that she would like to see down-lighting used for the sign. With no public comment, Commissioners voted 6-0 to approve the site plan contingent on approval of the final E&S plan, VDOT approval for the commercial entrance and submission of a corrected lighting plan which the Planning Director can approve. FINAL SUBDIVISION PLAT WITH EXCEPTION TO SECTION 4-4 C. AND D. OF SUBDIVISION ORDINANCE/MR. CURTIS BRUGUIERE - The applicant submitted a final plat to divide a 2-acre parcel into two 1-acre parcels for property located at 9968 and 9936 Batesville Road. Currently, there is a stick-built house and a singlewide manufactured home on the property, which are rental properties, share a well and are zoned Agricultural (A-1). Mr. Boger noted that the applicant was asked to have a soil scientist review the sites to determine if there is a 100% reserve area available on each proposed lot. Mr. Bruguiere said that he plans to possibly sell the properties in the future and that dividing the lot into two lots would give the community some low-cost housing. He said that the two homes are currently rental properties and that having owners in them instead would mean that they would be better taken care of. Mr. Bruguiere said that the two homes have been there for 20 years so nothing will change in the neighborhood. He said that if the property were sold, he would put a separate well on the trailer lot for marketing purposes and asked that the Commission approve the plat contingent on the reserve being available. Ms. Proulx said that she would not be comfortable with approving the plat without knowing whether there is space for a 100% reserve, noting that it is very difficult to get septic, a reserve, a well and a building on less than two acres. She said that she does not see a hardship situation for the applicant that compels approval. Mr. Bruguiere said that having low-cost housing would benefit the community. Ms. Russell said that she agrees with Ms. Proulx and that she does not creating non-conforming lots. She said that if the applicant came back with Health Department approval for the reserve area, she would be willing to take another look at the application. Mr. Bruguiere said that owners would take better care of the property than renters would. Ms. Proulx said that there are serious issues with shared wells, reserve and creating non-conforming lots. She said that she had hoped to have answers on the Health Department issues before considering the request. Mr. Bruguiere said that he did not want to spend the money for a soil scientist unless he knew that the application would be approved. He said that business people do not work that way, that only the government works that way. He noted that there are many lots in the county with shared wells and septic. Ms. Russell said that there is a difference between an existing non-conforming lot and creating a non-conforming lot. Following no public comment, Mr. Boger pointed out that the Commission has, in the past, required soils work to be in process before approval of the plat. Ms. Russell said that she did not have enough information to make a decision. Ms. Proulx asked whether the applicant wanted to postpone for a month in order to provide the needed information. Mr. Bruguiere said that he could get a soil scientist to the property if that would help with a decision. Mr. Boger suggested that the Commission give the applicant their thoughts on the application before he employs a soil scientist. Ms. Proulx said that she would still have serious reservations. Mr. Harman said that approval would open the door to other requests for smaller lots. Mr. Tommy Bruguiere said that it is not rocket science and that the Commission is making a mountain out of a mole hill. He said that the applicant is just dividing one lot into two with two houses. He said that putting a second house on that lot should never have been allowed without a division to begin with. Mr. Curtis Bruguiere said that dividing the lot would benefit the community and that requests for smaller lots does not come up that often. Ms. Proulx noted that the request does not come up because the county does not normally approve them. Ms. Hunt said that she would not be comfortable approving the division as it would set a precedent for others to do the same. Ms. Hunt moved (with no second) to recommend denial of the exception as approval would produce non-conforming lots. Commissioners voted 4-2 (Mr. Tommy Bruguiere and Ms. Russell voting no). FINAL SUBDIVISION PLAT/DUTCH CREEK SUBDIVISION - Mr. Massie Saunders, representing the applicant, submitted a plat on behalf of Home Run, LLC dividing 200.70 acres into 19 lots ranging in size from 3.2 to 21.7 acres for property located on Laurel Road (Rt. 639). Mr. Saunders noted that the items that still need to be completed are all contingent on completion of an Army Corps of Engineers requirement that all wetlands and streams on the property be mapped. He noted that the E&S plan approval and the dry fire hydrant design are pending completion of that mapping, which was an unexpected requirement. Mr. Saunders noted that the mapping requirement is apparently a new regulation from DEQ and that it will apply to all future subdivision requests in the county. Mr. Boger reported that VDOT has approved the subdivision entrance and the soils work has been done for each lot. Mr. Ray Pennington, one of the principals with Home Run, LLC, said that his group has worked very hard to minimize the impact on the community and that he resents getting hit with the wetlands regulations. He said that if his group is going to be treated this way, everyone else has to be treated the same way. Ms. Proulx noted that the wetlands mapping requirement is an Army Corps of Engineers/DEQ requirement and that the Planning Commission has no authority over those agencies and what they require. Ms. Russell said that she has no problem with the application and simply wants the required information submitted to the appropriate agencies and under review before a vote on approval. After no public comment, Commissioners voted 6-0 to table the issue until their November meeting at the request of the applicant. CONDITIONAL USE PERMIT/MR. LAWRENCE E. HOWARD - The applicant is requesting a permit to use the Page House at 27 Chapel Hollow Road (off Rt. 151) for a real estate office. Mr. Boger reported that in 2002, a Special Use Permit was approved for an antique, craft or gift shop in conjunction with a bed and breakfast inn. He noted that approval of the revised site plan under consideration would eliminate the proposed antique store and apartment as previously approved. He noted that Mr. Howard (leasing from the owner) will utilize the entire Page House for a real estate office, Mr. Nuzzi (the owner) plans to live in the existing Mankin House on the property and continue to sell antiques. Ms. Proulx, noting that the application is very specific to Mr. Howard's business, asked whether the permit would apply to this applicant for this business only. Mr. Boger said that it would, noting that if a new tenant came in, they would have to apply for a new permit. With no public comment, Commissioners voted 6-0 to recommend approval. REZONING/MR. R. DOUGLAS LONG - The applicant is requesting a rezoning of property located at 978 and 994 Front Street in Lovingston from Residential (R-2) to Business (B-2). Mr. Long said that the dwelling will be converted to office space for the Virginia Farm Bureau and that the renovations will be done in keeping with the historic look and feel of the house. He noted that the back 80 feet of the old store building on the property was damaged during Camille and would probably be removed with the use of the front of that building still unclear, although it may possibly be used for storage by the Farm Bureau. Mr. Boger reported that the application is for a rezoning to B-2 rather than B-1 to provide for a transition between the existing residential area and a light commercial area. He noted that the surrounding properties are zoned primarily Residential (R-2) with four properties zoned commercial (B-1 and SE-1). With no public comment, Commissioners voted 6-0 to recommend approval of the rezoning. BOARD OF SUPERVISORS' LIAISON REPORT - Mr. Bruguiere had no report. PROPOSED ZONING/SUBDIVISION ORDINANCE AMENDMENTS - Commissioners agreed by consensus to request that the Board of Supervisors extend their allowed review period from 60 days to 100 days to allow time for adequate review without running into problems with the holidays. Commissioners scheduled a work session to begin review of the proposed amendments for Wednesday, November 8th at 7:00pm at the Courthouse. Meeting continued until November 8th. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- 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