UPCOMING: - Thursday, March 1st - ECONOMIC DEVELOPMENT AUTHORITY - 3:00pm Courthouse - Monday, March 5th - BOARD OF SUPERVISORS' WORK SESSION - 1:30pm Courthouse - Thursday, March 15th - RURAL NELSON ANNUAL MEETING & POTLUCK DINNER - 6:30pm at Rapunzel's on Front Street in Lovingston. Bring a favorite dish to share - cash bar available for coffees, teas and specialty drinks. Invite a friend! ----------------------------------------------------------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, February 28, 2007 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Ms. Delores Truesdale, Mr. Tommy Harvey FINAL SUBDIVISION PLAT/MR. GLENN GOLDSTEIN - The applicant has submitted a final plat to divide 3.36 acres into 3 lots. The property is located in the Hickory Ridge Section at Wintergreen. Mr. Boger reported that a decision on the plat was deferred from January pending additional information from the Nelson County Service Authority on the applicant's plan to run sewer lines. Mr. Boger noted that 1. the new sewer line would be dedicated to and owned by the NCSA; 2. the rates and connection fees would be set by the NCSA; 3. all properties along the new sewer line would have to comply with the requirements adopted by the NCSA and County for connections; and 4. Mr. Goldstein is exploring the possibly of using an alternative sewage system for the new lots. Ms. Russell asked whether the rates and connection fees would be different from those charged for other properties at Wintergreen. Mr. Harvey said that they would be the same. Commissioners voted 6-0 to recommend approval of the final plat. NOTE: Because the next three agenda items are related and the discussion of the rezoning request included discussion on all three items, the three requests are listed first followed by the discussion and action taken on each: REZONING/MR. CURTIS BRUGUIERE - The applicant has requested a rezoning of 1.88 acres located at 1897/1889 Avon Road from Residential (R-1) to Agricultural (A-1). The existing use is convenience store (Anderson's Grocery) and the proposed use is office space as well as retail. CONDITIONAL USE PERMIT/MR. CURTIS BRUGUIERE - The applicant has applied for a permit to allow office space to be included with the retail use at Anderson's Grocery, contingent on approval of the rezoning noted above. SPECIAL USE PERMIT/MR. CURTIS BRUGUIERE - The applicant has applied for a permit to change Anderson's Grocery from nonconforming to conforming use as a neighborhood convenience store, contingent on approval of the rezoning noted above. The property includes a residence and an existing building used as a convenience store. The applicant wants to put an office in the one-room wing on the building. In 2002, the applicant applied for a rezoning to Business (B-1). Public Comment included concerns about inadequate sight distance, inadequate parking for the current use and the integrity of the residential zoning district being compromised, among other concerns. That petition was withdrawn by the applicant. In 2005, the applicant applied for a rezoning to Business (B-1) Conditional and the Planning Commission voted to recommend denial of the rezoning request for many of the reasons noted in 2002. The request was later withdrawn by the applicant. During discussions with the Supervisors in 2005, there was a suggestion that the applicant consider requesting a rezoning to Agricultural (A-1) and applying for a Conditional Use Permit for the real estate office in the building. Mr. Harvey said that, as in previous discussions, he would recuse himself from any discussion or vote on this issue as he owns a similar business nearby. Ms. Russell asked whether there is a survey of the property, noting that there is nothing that provides building sizes, setback lines or property lines. Mr. Bruguiere said that there is not a survey and that since this has been going on for several years, he would have hoped that members would have gone out to look at what he wants to do with the property. Ms. Russell said that she has been to the property several times but that that does not help with determining the actual property lines. She said she is concerned about whether the applicant can meet the parking requirements for three uses on the property (residential, retail and office). Ms. Proulx said that since the property is a nonconforming use, she is not sure that a survey is that important for the rezoning. Ms. Russell noted that the request is to add an office as well as application for a permit to bring the store into conformity. She said that she is not sure the applicant can meet the current regulations with three uses on the property, and that that could not be determined without the property lines or a survey. Ms. Russell noted that the original request in 2005 was for a Conditional Use Permit with a proffer (limiting the uses to neighborhood convenience store and real estate office) and asked whether this application includes a proffer. Mr. Bruguiere said that there is no proffer offered with this application. Mr. Boger noted that the Commission can recommend conditions on the permit and if the Supervisors agree, the conditions would apply. Mr. Bruguiere said that the proposed use would not affect the neighborhood since all traffic will come off of Rt. 151 rather than through the neighborhood. He said that the county can look at other existing neighborhood stores and see that they have had no negative impact on the neighborhood. Mr. Bruguiere said that in this case, the neighborhood is their own worst enemy with the inoperative vehicles in the yards and that the increasing traffic on Rt. 151 is due to the development in Nellysford and Stoney Creek and not because of Anderson's Grocery. He said that the rezoning to A-1 would allow for a convenience store with gas sales at some point in the future and that that has worked well in other neighborhoods in the county. He said that those operations have not lowered property values even for homes within sight of the businesses. During Public Comment, Mr. Roy White said that he was representing the citizens of Avon Road and expressed concern that a rezoning and making the store a conforming use would open the community up to expansion. He said that lights, parking and traffic resulting from a service station would have a negative impact on the neighborhood. Mr. White said that Mr. Bruguiere should have to meet the regulations if changing from a nonconforming to conforming use. He said that if the use changes, there should be a site plan. He presented Commissioners with a 1964 survey showing that the property is 1.5 acres rather than the 1.88 acres on the application. He said that a current survey is needed. Mr. White said that a change in use would cause a negative impact, especially if gas were sold at that location. He also expressed concerns about safety in the neighborhood. Ms. Proulx said that she started out thinking that a rezoning to A-1 with a permit for the office was fine but that she is now concerned that this has turned into something else with potential gas pumps, canopies and lighting. She said that a site plan would address some of the questions regarding building size, etc. Mr. Bruguiere said that what is existing on the property is what he wants to do and that if a gas station were to be discussed, a site plan would be submitted at that time. Ms. Proulx said that the rezoning opens up many other uses. She noted that Section 12-3-3 of the Zoning Ordinance states that an application for a Conditional Use or Special Use Permit is subject to the Site Development Plan requirements set forth in Section 13 of the ordinance. Ms. Proulx said that the addition of an office is not a concern but that the rezoning and allowed uses under that zoning district could be a dramatic change for that neighborhood. Mr. Harman said that he also has no problem with the addition of the real estate office but does have a problem with the additional uses that would be allowed with the rezoning. He said that he also sees no way that the property could meet the current requirements to be changed from nonconforming to conforming. Ms. Hunt asked whether there was any way to separate the real estate office from the other applications. Ms. Proulx said that the Commission could recommend approval of the office but not the rezoning or Special Use Permit for conformity. She noted that there is not a survey so there are some valid concerns with that issue. Ms. Russell said that there is no site plan for three proposed uses on that property and that she is unsure that there is sufficient parking for all of the uses. She said that she does not think that the community or the Comprehensive Plan anticipated any commercial use on that corner and that she would not support a rezoning allowing all A-1 uses. She said that she definitely would not support gas pumps on that site, noting that it is a sensitive site with traffic along Rt. 151 only increasing in the future. Ms. Hunt asked whether a survey was required for a rezoning. Mr. Boger said that you do need boundary lines to determine what you are rezoning. Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the rezoning request until their March meeting to allow the applicant to submit a survey of the property. Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the request for a Conditional Use Permit for the addition of the office until their March meeting. Commissioners noted that they would want additional information about adequate parking when considering this request. Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the request for a Special Use Permit to change the property from nonconforming to conforming until their March meeting. Ms. Proulx noted that the Commission did hold a public hearing on the rezoning request at this meeting and will hold public hearings on the two permit applications at their March meeting when additional information will be available for public consideration. REZONING/MR. JEROME CHAMBERS - The applicant has requested a rezoning on 6.0 acres located near Rt. 758, Cold Storage Lane in Arrington, from Limited Industrial (M-1) to Agricultural (A-1) to allow the construction of a residential structure. During Public Comment, Mr. Bo Delk of Roseland said that there is not a lot of M-1 property in the county and that the land might be of more value to the family if left as M-1. Commissioners voted 6-0 to recommend approval of the rezoning contingent on approval by the Health Department of the septic drain field and well location. CONDITIONAL USE PERMIT/MR. TIM LACEY - The applicant has applied for a permit to construct a personal-use, 1400-foot long, 30-foot wide paved airstrip on property located on Rt. 626 and 56 (4303 James River Road) in Wingina. Mr. Boger noted that the proposed location of the landing area is centrally located on the 690-acre site and that Thomas Jefferson Soil and Water Conservation District (TJSWCD) has approved the site plan showing erosion and sediment control practices. Mr. Lacey said that the proposed landing area is 2,500 feet from Rt. 56 and 3,200 feet from the property line and would be used only by him. Ms. Russell asked how many takeoffs and landings there would be in a month. Mr. Lacey said there would be four to five each month during daylight hours only. With no Public Comment, Commissioners voted 6-0 to recommend approval of the permit. FINAL SUBDIVISION PLAT/"WOLF RUN SUBDIVISION" - HABITAT FOR HUMANITY/NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATION - Mr. Massie Saunders, representing the applicant, submitted a final plat to divide approximately 39.5 acres into 14 lots ranging in size from 2 acres to 4.8 acres for property located on Lobo Lane (Rt. 734). Ms. Russell asked about a road maintenance agreement and the applicant said that the road will be constructed to state standards so will be taken into the VDOT system. With no Public Comment, Commissioners voted 6-0 to recommend approval of the final plat contingent on receipt of Health Department and TJSWCD approvals. SITE PLAN/MR. DOUG LONG - Mr. Massie Saunders, representing the applicant, presented a plan to develop two gravel building pads for potential builders on property located in Callohill Industrial Park, noting that one pad will be approximately 120' x 50' and the other will be 140' x 50'. Mr. Boger noted that since the information submitted is a grading and erosion control plan, his recommendation is that no formal action be taken and that the formal action would be required upon submission of a formal site plan. Ms. Proulx said that since the information had actually been listed on the agenda as a site plan and advertised for public hearing, the item would require formal action. With no Public Comment on the issue, Commissioners voted 6-0 to defer action to allow the applicant to withdraw the site plan, negating the need for formal action by the county. SITE PLAN/MR. WILLIAM TRAGER - The applicant has submitted a plan for an accessory structure on property located at 486 Front Street in Lovingston. The property is .53 of an acre zoned Business (B-1). The applicant plans to use a 40' x 26' building to house equipment for his coffee-grinding and processing business. Mr. Trager noted that he purchased the property last year for use as his corporate offices and that he has coffee shops in both Lynchburg and Charlottesville. He said that new staff would come from both locations for training. The offices will be located in the main building and the storage and grinding process would be done in the accessory building. During Public Comment, Mr. Bo Delk of Roseland, said that the business is what the county is trying to have happening in the village of Lovingston and should be approved. Commissioners voted 6-0 to approve the site plan. SITE PLAN/NELSON COUNTY HISTORICAL SOCIETY, "OAKLAND" - Mr. Massie Saunders, representing the applicant, submitted a site plan showing a proposed commercial entrance with tapered lanes from Rt. 29's southbound lane, a 60' x 90' temporary parking lot and signage promoting the Oakland Museum. With no Public Comment, Commissioners voted 6-0 to approve the site plan. PROPOSED ZONING AMENDMENT - Mr. Boger presented a proposed addition to the Zoning Ordinance for Commissioners' consideration at a future meeting. The proposed amendment reads: Wine Tasting Room (Class I): A facility in which wine products grown or processed on the owner's property may be tasted and sold. The facility must be operated in association with an existing vineyard (bona fide farm) located in Nelson County and on the same property, or multiple adjoining properties in same ownership. (By right A-1 District). Wine Tasting Room (Class II): A facility located either on or off-site in which wine products may be tasted and sold. Accessory uses permitted with this facility include antique sales, craft and gift shop, the serving of light snacks, crackers, peanuts or similar. The facility must be operated in association with an existing vineyard (bona fide farm) located in Nelson County. (By Special Use Permit A-1 District). Wine Tasting Room (Class III): A facility located either on or off-site in which wine products may be tasted and sold. Accessory uses permitted with this facility include antique sales, craft and gift shop, meeting rooms, dining and catering facilities, and a restaurant. The facility must be operated in association with an existing vineyard (bona fide farm) located in Nelson County. (By Conditional Use Permit A-1 District). Meeting adjourned. Copyright 2000-2007 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. 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