UPCOMING: - Thursday, August 28th - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, September 4th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center ------------------------------------------------------------------------------------------------------------------------- MARK YOUR CALENDAR: - Tuesday, September 16th at 7:00pm - RURAL NELSON MEETING at Veritas Vineyards and Winery in Afton. Andrew Hodson, owner and wine maker, will talk about winemaking and the wine industry in Nelson and Virginia. A wine tasting will follow. ------------------------------------------------------------------------------------------------------------------------- Note: A few of you may still be receiving duplicate reports. If so, we apologize and we are still working on the problem. --------------------------------------------------------------------------------------------------------------------------- PLANNING COMMISSION August 27, 2008 Present: Ms. Emily Hunt, Mr. Mike Harman, Mr. Mike Tapager, Mr. Tommy Bruguiere (Board Liaison) Absent: Ms. Philippa Proulx and Ms. Linda Russell FINAL SUBDIVISION/SAMUEL & GRETCHEN PRICE - The applicants submitted a final plat for a family subdivision to divide 1.910 acres from 12.60 acres on Crabtree Falls Highway in Roseland in Tye Cliff Subdivision. Mr. Boger reported that the plat is complete. Commissioners voted 4-0 to approve the final plat. REZONING/JEFFREY COFFEY & TERESA NAGY - The applicants are requesting a rezoning of approximately 3 acres located at 2910 Patrick Henry Highway from Industrial/Floodplain M-2 to Business/Floodplain B-1 to permit renovation of the American Cyanamid office building for apartments and other B-1 uses. The business was closed after the 1969 flood and the majority of the site was identified as a "Super Fund" cleanup site by the Federal Government. Several small businesses have operated out of the first floor of the building but have since closed. The building is used now primarily for storage and has a new roof. The present M-2 zoning restricts the use of the building to industrial and the owners would like to consider other options for using the building. Mr. Boger noted that there are between 8-14 sewer connections available that could possibly be used for the site so use of the building would be limited. He noted that the applicants have indicated that there are two commercial wells on the property with good water and the existing entrance appears to meet VDOT requirements. The applicant, Ms. Nagy, said that the building is an eyesore and housing would be a good thing for the community. During Public Comment, Mr. David Hight, a member of the Nelson County Service Authority Board, said that the apartments would provide additional users for the county's new sewer line and provide some payback on all the money the county has spent for the system. Mr. Harman said that he would love to see the site developed and agreed that it has been an eyesore. Commissioners voted 4-0 to recommend approval of the rezoning. Mr. Tapager noted that the way the county's rezoning process is set up, every rezoning is a "spot zoning". He suggested that the Commission look at amending the Comp Plan to require that every rezoning be considered as a planning issue with a Comp Plan amendment. REZONING/TOMMY & DIANE HARVEY - The applicants are requesting a rezoning of 2.732 acres located at the intersection of Rt. 151 and Rt. 840 (Tanbark Road) in Afton from Residential (R-1) to Business (B-1) Conditional with proffers to permit the building of a 5,000 sq ft medical center and office space. Mr. Boger noted that the applicants had submitted a list of uses that they would voluntarily proffer away as uses permitted on the property. Mr. Harvey said that the medical center is presently in a bad location and needs room to expand. He said that he has met with VDOT and there will be two entrances to the site, one of which will be on Rt. 151. He said that he would like to line that entrance up with Afton Service Center across the road and cut the bank back to allow for better sight distance. Mr. Harvey reported that none of the adjoining landowners have a problem with the project. Mr. Jim Gates, a partner on the project, said that all building plans are preliminary but that he expects there to be a 5,000 sq ft brick building with the medical center taking 3,500 sq ft. He said that a compatible tenant would lease the remaining space. Mr. Tapager asked why the applicant had not proffered 8-1-14, Sale of new and/or used cars. Mr. Harvey said that it was an unintentional oversight and that he would be happy to add that to the list, which would then include all uses except 8-1-2 ("Retail drugstores, feed and seed stores, food sales and restaurants, wearing apparel shops, auto and home appliance services, banks, barber and beauty shops, hardware stores, offices and personal and professional services. Wholesale and processing activities that would be objectionable because of noise, fumes, or dust are excluded.") During Public Comment, MS. ANGELA ROBINSON, Afton, requested that the Commission deny the rezoning for the following reasons - 1) if the applicant only wants to develop a medical facility, why were all the uses not proffered; 2) consistency from the Commission is a reasonable request - the Commission denied a request for a rezoning to B-1 just up the road; 3) the Rt. 151/Rt. 840 intersection is of great concern and the issue cannot be overlooked; and 4) the applicant's intent is not always what you end up with. MR. CURTIS BRUGUIERE, Afton, asked how the proposal conforms to the Comp Plan. He said that Anderson's Grocery, in business almost 100 years, was denied a rezoning because it did not comply with the Comp Plan and yet nothing was to be built at Anderson's. He said that this project will include a whole new building. Mr. Bruguiere said that the applicant has nothing to show what will actually be built there. He noted that in the future, the property could be sold with the new owner could put in anything that the proffers did not take away. Mr. Bruguiere said that approval would be spot zoning, another reason given for denying Anderson's Grocery. He said that the area is residential and spot zoning would have a huge impact. He also noted that Rt. 151/Rt. 840 is a dangerous intersection, more dangerous than the Anderson's Grocery intersection. MS. SHELBY RALSTON, Afton, said that she is pro-business and supports the overall scope of the project but that the site is not appropriate. She said there are other sites along Rt. 151 that are more appropriate. Ms. Ralston said that since the North District Commission representative (Ms. Philippa Proulx) was not present, she would ask the Commission to postpone the issue until the North District was represented. Mr. Harman said that he would like to know more about the plans for the site, but acknowledged that the issue before the Commission at this time is the rezoning. He said that he would like to have input from Ms. Proulx and Ms. Russell before taking action. Mr. Bruguiere said that the real issue is the rezoning and that the application meets the criteria for that. He said the other issues should be addressed when an actual site plan is submitted and not with the rezoning. He said that the Comp Plan does need to be revised for the Avon/Afton area. Commissioners voted 4-0 to table the issue until their September meeting and, at the applicant's request, to hold another public hearing at that meeting. CLASS III COMMUNICATIONS TOWER/NTELOS - The applicant applied for an application for a 130-foot metal tower on property on Rt. 151 across from the Rockfish Presbyterian Church. The tower will be painted brown with three flush-mounted antennas. The proposed site is 215 feet from Rt. 151 in a wooded area and the applicant has requested a waiver of the landscaping requirements around the facility as well as an exception to Section 20-7-2e which prohibits metal towers within the viewshed of a Scenic Byway. Mr. Boger reported that several balloon tests have been conducted for the site and that nTelos paid for a consultant to the county to review their information. Mr. Boger noted that the consultant looked at nTelos' design and determined the plan was sound. Mr. George Condyles, The Atlantic Group, said that he had been to the site and reviewed nTelos' information. Ms. Hunt asked how much of Rt. 151 would not have coverage without the proposed tower site. Mr. Condyles said that 1.5 to 2 miles would have poor service from this carrier. He said that nTelos could probably use a 120-foot tower to achieve the coverage. He said that he does not think the tower, as proposed, is even as visible as nTelos says it is. He said that he believes it is only visible in the one spot going north on Rt. 151 for a couple of seconds. Mr. Tapager asked whether this would be a tower the county would want to co-locate on as that would affect whether it should be approved at 120 or 130 feet. Mr. Condyles said that he has not looked at the county's emergency radio system plan, but that it could be a good relay site for the county. Ms. Valerie Long, representing nTelos, said that the provider has looked at various other properties in order to do shorter towers at two sites but had been unable to locate an appropriate site that the owner would agree to lease. She reviewed the balloon tests and noted the deciduous and evergreen screening on the site. Mr. Bruguiere said that he went to one of the balloon tests and never saw a balloon. He said that he does not think a single monopole is going to affect the scenic byway and that this is a safety issue for those traveling Rt. 151. He said that he is in favor of a 130' pole on that site. Mr. Tapager said that he could see the tower for about five seconds going north but he was looking for it. Commissioners voted 4-0 to recommend approval of the tower with the waiver and exception. CLASS III COMMUNICATION TOWER CO-LOCATION/AT&T/BUCK CREEK LANE - The applicant has applied to co-locate three flush-mounted antennas at 94-feet on an existing 107-foot nTelos tower on property owned by Ms. Barbara Turner Lowery. The co-location would include a 10x20 fenced area at the base of the tower to locate the ground equipment on a concrete slab. With no Public Comment, Commissioners voted 4-0 to recommend approval. CLASS III COMMUNICATION TOWER/NTELOS/WPOA - The applicant has applied for a permit to erect a 130-foot tower on Heathstone Lane across from the water tank in an area designated as open space on the Wintergreen Master Plan. nTelos will flush mount three panel antennas on the tower and a 23-foot antenna will be mounted for Wintergreen Emergency Services. Both the tower and the antennas will be painted brown and the facility will be enclosed by a wood stockade fence. Landscaping will be placed on three sides of the fence to help screen it from view. The applicant also requested a waiver of the required "fall zone" - 125% of the tower height or 162.5 feet in this case. The tower, according to the applicant, is designed to collapse upon itself rather than falling over. In addition, the site is only about 60 feet wide and approximately 20.7 feet from the right-of-way of Hearthstone Lane. Ms. Valerie Long, representing nTelos, presented photos from the balloon test and noted that WPOA had approved the tower after talking with all the adjoining landowners. During Public Comment, MR. CLINT COX, said that he has lived below the site for 20 years and said that he would like the provider to work harder at using existing infrastructure instead of putting up a new pole. He also expressed concerns about the safety of the water tank and the environmental risks if the tower's backup batteries failed and leaked. MR. CURTIS SHEETS, Deputy Executive Director of WPOA and Chief of Wintergreen Fire and Rescue, said that the most frequent complaint at Wintergreen is the lack of cell coverage. He said that it is a major safety issue for Wintergreen. MR. LARRY WHITACKER, Afton and Wintergreen property owner, said that the tower should not be located in the middle of a residential area. MS. JUDY BARNES, Afton, said that she is concerned she will never be able to sell her farm located across Rt. 151 because of the cell towers going up in the county. She also expressed health concerns with cell towers and said that she is opposed to the towers for heath reasons. Commissioners voted 4-0 to recommend approval of the tower with the exception to the "fall zone" requirement. SEPTEMBER COMMISSION MEETING - Due to a scheduling conflict with Mr. Boger, Commissioners voted 4-0 to change the September Planning Commission meeting to Tuesday, September 23rd at 7:30pm at a location to be announced. Meeting adjourned. Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - Saturday, September 6th - 9:00am-3:00pm - Recycle your electronics! Crutchfield Corp will be on site at the Rockfish Community Center for a one-day, no-charge recycling event. You can recycle phones, radios, computers, copy machines, DVD players, answering machines, refrigerators, scanners, stereos, speakers, toasters, etc. Call 434.361.0100 for more information. - Wednesday, September 10th - 7:00pm at Rockfish Valley Coimmunity Center - Informational meeting with county staff and staff from Draper Aden on Regional Water Supply Planning. - Tuesday, September 23 - 7:00pm - PVCC-Nelson Co. Forum ? Piedmont Virginia Community College invites Nelson County residents to a Forum at Nelson County High School. Let PVCC know how it can best serve the residents of Nelson County as your community college through classes and services on PVCC?s campus, in Nelson County, or online. Meet PVCC administration and staff, have light refreshments and enter a drawing for a free class from PVCC valued at $266. Nelson County High School, 69819 Thomas Nelson Highway, Lovingston. Contact:434.961.5247 or ashowers@pvcc.edu -------------------------------------------------------------------------------------------------------------------------- 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