UPCOMING: - Wednesday, April 4th - BOARD OF SUPERVISORS' BUDGET WORK SESSION 5:00pm Courthouse - Thursday, April 5th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm Nelson Center - Tuesday, April 10th - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse ------------------------------------------------------------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, March 28, 2007 Present: Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Ms. Delores Truesdale, Mr. Tommy Harvey Absent: Ms. Philippa Proulx SITE PLAN/MR. DOUG LONG - The applicant has submitted a site plan for two building pads for potential builders on property located in Callohill Industrial Park. One pad is to be approximately 120' x 50' and the other is to be 140' x 50. Mr. Boger reported that his office has received a letter withdrawing the application at this time so no action would be required by the Commission. REZONING/MR. CURTIS BRUGUIERE - The applicant has requested a rezoning for 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) which is currently a non-conforming use. The proposed use is office space as well as retail. After discussion at their February meeting, Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the rezoning request until the March meeting to allow the applicant to submit a survey of the property to clarify the actual boundary lines and amount of land included in the rezoning request. Mr. Boger reported that a survey has not been received from the applicant. Mr. Bruguiere asked that the Commissioners consider the requested rezoning without the benefit of a plat. He said that he had provided Commissioners with a 1964 VDOT plat and that although he does not agree with the acreage shown on that plat, it does show the boundary points. Mr. Bruguiere said that the buildings on the property are already in place and there is nothing new being developed. He asked for a decision without a new plat. Ms. Russell said that the issue is how many acres are actually involved in the rezoning and asked Mr. Boger if the Planning Office has a copy of the 1964 plat as the plat was only shown to the Commissioners and was not submitted as part of the application. Mr. Boger said that his office does not have a copy of that plat. Mr. Bruguiere asked what difference it makes if it is 1.88 acres or 3 acres. Ms. Russell said that the application is for a rezoning and according to the county's ordinance, there has to be a plat for the property. She said that, in addition, the zoning map would have to be amended to show the rezoning. Ms. Russell said that the Commission also needs to know if the proposed uses can meet the setback and parking requirements. Mr. Bruguiere noted that the store cannot meet the setback requirements and is a non-conforming use. Ms. Russell said that the previous application was for a conditional rezoning with the only new use allowed being the proposed real estate office. She pointed out that this requested rezoning would permit any of the uses allowed under the Agricultural (A-1) District. Mr. Bruguiere said that this application was in response to the Board of Supervisors telling him to downzone to A-1 and that he is asking for exactly what the Supervisors told him would be allowed. Ms. Russell said that she thought that that was his interpretation of what the Supervisors suggested but that the Supervisors may have been assuming he would again apply for a conditional rezoning as per his previous application. Mr. Bruguiere said that he is just trying to put an office in the building. Ms. Russell said that if that is all he wants and comes back with a request for a conditional rezoning that would only allow an office, the Commission could look at the request again. Mr. Harman said that having a new survey would be in the applicant's best interest as well as the best interest of the county. He said that the applicant had agreed to do a new survey and asked why he did not. Mr. Bruguiere said that cost was a factor and the fact that nothing new is going on the property. He said that if a new use were proposed, then a new survey would be needed. Ms. Russell asked whether another 30-day extension would change the applicant's mind about doing a survey and Mr. Bruguiere said that a new survey is not going to change any Commissioners' minds. Ms. Russell said that in one breath, the applicant says that he only wants the store and real estate office and in the next, is talking about new uses. Mr. Bruguiere said that any new use would have to meet current setbacks and regulations and that it would be nice to have the option for new uses. During Public Comment, Ms. Donna Small said that the Supervisors had suggested a rezoning to A-1 with the store remaining non-conforming. Following Public Comment, Ms. Russell said that she does not see how the Commission can rezone a property without knowing the parameters and acreage. Commissioners voted 4-0 (Mr. Harvey abstaining) to recommend denial of the rezoning based on the applicant's failure to provide the requested information, in particular a current survey, or request a postponement. 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 located at 1889 Avon Road in Afton. The permit is contingent on approval of the requested rezoning from R-1 to A-1. After discussion at their February meeting, Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the rezoning request until the March meeting to allow the applicant to provide additional information about adequate parking to accommodate both uses. Mr. Boger reported that because the rezoning application had failed, the Commission must deny this application. With no Public Comment, Commissioners voted 4-0 (Mr. Harvey abstaining) to recommend denial as the rezoning was required in order to grant the permit. SPECIAL USE PERMIT/MR. CURTIS BRUGUIERE - The applicant has applied for a permit to change Anderson's Grocery from a non-conforming to conforming use as a neighborhood convenience store. The permit is contingent on approval of the requested rezoning from R-1 to A-1. After discussion at their February meeting, Commissioners voted 5-0 (Mr. Harvey abstaining) to defer the rezoning request until the March meeting. Mr. Boger reported that because the rezoning application had failed, the Commission must deny this application. With no Public Comment, Commissioners voted 4-0 (Mr. Harvey abstaining) to recommend denial as the rezoning was required in order to grant the permit. FINAL SUBDIVISION PLAT/"THE VILLAGE" AT GLEN MARY - Mr. Morris Foster, representing Verd To Go LLC, has submitted a final plat for commercial parcels located on Patrick Henry Highway (Rt. 151) and Beech Grove Road (Rt. 664). The 23.82 acres will be divided into six parcels ranging in size from 2.0 to 5.54 acres. Five of the proposed parcels will be developed with Parcel 6 limited to recreational purposes and drainfields for Parcel 3. Each parcel will have frontage on a state highway with two entrances proposed for the development. The primary entrance will be from Beech Grove Road which will direct traffic to the central courtyard of the project. A second entrance is proposed off Rt. 151 and is to be used for delivery vehicles and residents residing in the apartments above the stores. Lots 1-5 will be connected by an internal road designed as a service road. Mr. Boger reported that the E&S plan has been approved and the soils work has been submitted to the Health Department for review and approval. Ms. Russell, noting that the roads will not be built under county ordinance, asked what kind of surface treatment would be used. Mr. Steve Crandall, owner, said that they will be paved although the material is still undetermined. Ms. Russell asked about maintenance of Lot 6, the central event park and the roads. Mr. Crandall said that the property owners will pay a fee for the maintenance for the event park and the roads. He said that the best use for Lot 6 has not yet been finalized and that he, as owner, would maintain that area until a final decision has been made and implemented. With no Public Comment, Ms. Russell said that she is very excited about this project and hopes that it will be a model for other developments in the county. She said that she wants to do the process for this project right so that other developments will fall into place. Commissioners voted 5-0 to recommend approval of the final plat dated Revised 3.15.07. SITE PLAN/"THE VILLAGE" AT GLEN MARY - Mr. Jim Taggert, representing Verd To Go LLC, has submitted a site plan for 23.82 acres on property located at Patrick Henry Highway (Rt. 151) and Beech Grove Road (Rt. 664). The plan covers 35,100 square feet for buildings/canopy; 147.084 square feet for parking and 885,415 square feet for open/green space. The concept for the plan is for a cluster mixed use development. Mr. Boger noted that some proposed uses are not presently permitted in the SE-1 zoning district and that the developer will be submitting a rezoning request for Business (B-1) Conditional for the property next month. He reported that the uses for the project may include retail shops, a grocery store and apartments. Mr. Boger said that the primary cause of the problem is that the draft zoning ordinance with its mixed use district has not been adopted, which would have allowed all of the proposed uses. He noted that the county is in the process of preparing sections of the draft ordinance to be incorporated into the current ordinance but the developer wants to proceed with construction on the project. Mr. Boger reported that as the zoning issues are resolved, the Master Plan can be amended to show the new uses and is designed to accommodate the future additional uses. Mr. Boger noted that a lighting, landscaping and signage plan would have to be submitted for review and approval for the project. VDOT approval of the entrances would also be required. With no Public Comment, Commissioners voted 5-0 to approve the site plan contingent on receipt and approval of lighting, landscape and signage plans as well as approval from VDOT for the entrances. PRELIMINARY SUBDIVISION PLAT/"RIVER ROCK ESTATES" - Mr. Massie Saunders, representing Dream Land of Virginia LLC, has submitted a plat to divide 99.8 acres into 9 lots ranging in size from 5.3 to 21.0 acres on property located on the east side of Tye River Road (Rt. 657) adjacent to the Buffalo River. Mr. Saunders reported that VDOT has approved the location for the entrance and that the preliminary soils work has been done. Ms. Russell asked whether the developer is considering retaining as many trees as possible in the flood zone area. Mr. Saunders said that he will be suggesting a buffer along the river and that, given the terrain, he could not image the owner being able to cut all the trees anyway. With no Public Comment, Commissioners voted 5-0 to approve the preliminary plat dated 2.05.07. SITE PLAN/VERITAS VINEYARDS - Mr. and Mrs. Andrew Hodson, applicants, has submitted a site plan for property located at 60 Veritas Lane in Afton for remodeling of the winery facility for wine accessory uses. Mr. Boger reported that the site plan submitted appears adequate as there are no structural expansions proposed for the facility. He noted that if any additional uses were proposed for the facility, the Health Department would have to determine if the septic system is adequate. He also reported that the site plan shows a visitor's overflow grass parking area which does not need enough earthwork to require an erosion control plan. He noted that the applicant plans to apply next month for a permit for a restaurant. Mr. Harvey said that the plan is really for a restaurant as the facility will only be open for events. He asked Mr. Boger whether the submitted site plan meets the requirements for a site plan. Mr. Boger said that it does not by ordinance but that it is open to the interpretation of the Commission. Ms. Russell said that she would like to see something more formal showing more than just the buildings on the site. Ms. Patricia Hodson said that this is a confusing issue as they do not now or in the future want a "restaurant" but that they want to be in compliance with county regulations. She said that for the past two years, they have had a commercial kitchen license so that they can cater any event. Ms. Hodson said that the problem is that Nelson code calls that a restaurant and those regulations have different septic requirements. She reported that an engineer is designing the required system and that they are working with the Health Department to make sure they are in compliance. Ms. Hodson said that they want to be good neighbors and have built a sound barrier of trees to protect one neighbor and are planning a visual barrier for the proposed overflow parking area. Mr. Andrew Hodson said that they have never intended to have a restaurant and only want to have a commercial kitchen to do events. He said that the winery has been very successful with events and that they are not asking for anything over and above that of a farm winery. During Public Comment, Mr. Kirk Schroeder, an adjoining landowner to the overflow parking area, said that the Hodsons and the winery are good neighbors. He said that he understands that the regulations require a permit for a restaurant but asked that, while he understands that the plan is just for events, the permit include conditions on parking, noise and lighting - anything that might disturb the peace for the neighbors. Mr. Rich Evans who sells grapes to Veritas said that he has been to many events at the winery and what is proposed is not a restaurant. He said that he supports what Veritas plans to do. Mr. Harvey asked Mr. Boger if the proposed zoning amendments were approved, whether the Veritas plan would still be classified as a restaurant. Mr. Boger said that it would, noting that a restaurant is defined as, "any building in which for compensation, food or beverages are dispensed for consumption on the premises." Ms. Hunt asked whether the applicant would be willing to come back with a professional site plan. Ms. Hodson said that they would and could add the new drainfield to the site plan as soon as it was finalized. Commissioners voted 5-0 to defer a decision until their April meeting for a more detailed site plan to be submitted after consultation with the Planning Director to determine what would be required on the site plan. AMENDMENT TO SITE PLAN/SYNCHRONICTY FOUNDATION, INC. - Mr. Steven Key, representing the applicant, has submitted an amendment to the site plan for construction of a new dwelling with an 895 sq ft basement, a 905 sq ft first floor as well as a 904.5 sq ft garage. Mr. Boger reported that there are several items that are missing from the site plan - 1) does not identify the location of the house on the site; 2) utility easements have to be shown on the plan; 3) soils work must be submitted to the Health Department for review and approval. Mr. Boger said that the E&S plan has been prepared and is ready for submission for review and approval and that the site plan could be approved contingent on the final plan being revised to address the identified issues. With no Public Comment, Commissioners voted 5-0 to approve the amendment to the site plan contingent on E&S plan approval. PROPOSED AMENDMENT TO ZONING ORDINANCE - Mr. Boger reported that the Board of Supervisors had adopted a resolution forwarding the proposed amendments defining Wine Tasting Room (Classes I, II and III) to the Commission requesting their recommendations within 30 days from this meeting (3.28.07). After discussing portions of the text, Ms. Russell said that she would like to see the text added under Definitions with the use then listed under the District in which it would be allowed instead of as an amendment to Section 4 (Agricultural District). Commissioners also discussed whether the tasting rooms should be allowed in other districts. Ms. Russell also questioned whether antique sales and craft shops should be allowed as an accessory use to a Wine Tasting Room. Mr. Harvey said that they do not seem to fit. He suggested that the Commission advertise the amendment for public hearing as is and then make any changes necessary prior to making a recommendation to the Supervisors. Commissioners agreed to advertise the following for public hearing: Definitions - 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 located in Nelson County and on the same property, or multiple adjoining properties in same ownership. 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, i.e. cheese, crackers, peanuts or similar. The facility must be operated in association with an existing vineyard located in Nelson County. 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 located in Nelson County. Proposed Districts: Class I would be a Use Permitted by Right in Agricultural (A-1); Service Enterprise (SE-1) and Business (B-1). Class II and III would be a Use Permitted by Special Use Permit in Agricultural (A-1) and a Use Permitted by Right in Service Enterprise (SE-1) and Business (B-1). Commissioners voted 5-0 to authorize staff to advertise the proposed amendments for public hearing at their April 25th 7:30pm meeting. 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. Box 401 Lovingston, VA 22949 434.263.5000 www.ruralnelson.org