PLEASE NOTE: This report was originally sent to each of you on Wednesday morning. It appears to have been lost somewhere in cyberspace. We are, therefore, resending the report along with our apologies - both for the delay in getting the information to you and for the duplicate if the original report ever arrives. Thanks for your patience. -------------------------------------------------------------------------------------------------------------------------- UPCOMING: - Thursday, September 25th - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, October 2nd - ECONOMIC DEVELOPMENT AUTHORITY - 3:00pm The Nelson Center ------------------------------------------------------------------------------------------------------------------------- MARK YOUR CALENDAR: - Wednesday, November 5th - 7:00pm - Rural Nelson Meeting at the Nelson Library. Speaker: Jean Lorber, Forest Protection Specialist, The Nature Conservancy - Saturday, December 6th - Rural Nelson Community Dance Party - at The Hamner Theater at the Rockfish Valley Community Center off Rt. 151 in Afton. Doors open at 8:00pm. -------------------------------------------------------------------------------------------------------------------------- PLANNING COMMISSION Tuesday, September 23, 2008 Present: Ms. Emily Hunt, Mr. Mike Harman, Mr. Mike Tapager, Ms. Linda Russell and Mr. Tommy Bruguiere (Board Liaison) Absent: Ms. Philippa Proulx REZONING/MR. & MRS. TOMMY HARVEY - The applicants have applied to rezone approximately 2.732 acres from Residential R-1 to Business B-1 Conditional. The property is located at 250/272 Tanbark Road in Afton. The purpose of the rezoning is to permit the construction of a medical center and offices on the site. Mr. Boger reported that the applicant had voluntarily proffered that the following uses would not be developed for the site: - Feed and seed stores, food sales and restaurants, auto and home appliance services. Wholesale and processing activities that would be objectionable because of noise, fumes or dust. - Fire departments and rescue squad facilities. - Funeral home/crematorium. - Gasoline filling stations and/or the servicing and minor repairing of motor vehicles when in an enclosed structure. - Golf driving ranges and miniature golf courses. - Public garages, for storage and/or repair of motor vehicles when in an enclosed space. - Veterinarian hospital. - Waterfront business activities: wholesale and retail marine activities such as boat docks, piers, small boat docks, yacht clubs, and servicing facilities for the same; activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront. - Sale of new and/or used cars. - Automobile graveyard, class A. - Flea markets. Mr. Boger noted that the applicants have, in addition, offered the following proffers: - Mobile home and existing house to be removed. - If the medical center does not come, zoning does not go through. Mr. Jim Gates, representing the applicants, said that the plan is for a 5,000 sq ft brick one-story building - 3,500 sq ft for a medical center and the remaining space for a compatible tenant. He said that the plan is for one entrance/exit for the site across from the service station's north entrance and a second entrance/exit for the site as close to the back property line as possible on Tanbark. Ms. Russell asked whether the applicant plans any improvements to the Tanbark/Rt. 151 intersection. Mr. Gates said that the applicants are requesting permission from VDOT to cut back the bank on the VDOT right-of-way to improve the sight distance. Ms. Russell said that one of her concerns is that B-1 zoning has no front setback requirement. Mr. Gates said that the project will need at least a 30-40 foot setback in the front to accommodate the required parking. He noted that the applicants are willing to work with the county and plan to deal with specific issues during the site plan stage. Mr. Harvey noted that he is asking to Planning Commission to move the proposed rezoning through for consideration by the Board of Supervisors, but that he will ask the Supervisors to hold their vote until he has a signed contract with a medical center. During Public Comment, MR. MIKE TUSO, who lives on Tanbark, said that the intersection can be terrifying, especially crossing east to west with the sight distance looking south less than 200 feet. He said that he is particularly concerned with having a health center at that intersection, given the number of elderly who would be trying to enter the highway at that intersection. He said that some changes to the intersection could help. MR. DOUG HORNIG, Tanbark, said that the sight distance is bad at that dangerous intersection. He said that adding additional traffic to Rt. 151 at that intersection is a major concern. MR. RON ENDERS, Afton, reminded the Commissioners that VDOT's Rt. 151 Corridor Study from 2001 calls for Rt. 151 to be a four-lane highway. He noted that little has actually changed and the county still has the same development and safety issues on 151. Mr. Enders said that most of the development along 151 so far has been for pre-existing businesses but said that if this project is approved, the county will not be able to turn down other projects. He said that the economic development we have seen has been tied to the scenic byway and asked the Commissioners not to change the character of the valley. MR. HARRY BAUM, Tanbark, said that there are no designs or drawings for this project. He said that the county rejected a rezoning request for Anderson's Store a while back with both projects at dangerous intersections. He said that one site has a 90 year-old business and one has cedar trees. He said that the biggest difference between the two is the name on the bottom line of the application. Mr. Baum said that it should not matter how long someone has lived in the county or how much land someone owns. He said that just because Commissioners might not be reappointed does not matter. He said that he is simply asking that the county apply the zoning regulations equally and fairly. He said that either both rezonings should be approved or both rejected. MR. MIKE MORRIGAN, Tanbark, said that he would like to see a site plan and have more information. He said that the intersection is not the greatest but he would like to see where the entrances would actually be on the site. He said that he welcomes the project as it would be an upgrade, but that he would like to see more information. MS. ANGELA ROBINSON commended the Commissioners for being pro-business but said that their job is to implement the Comprehensive Plan. She said that one of the concerns about Anderson's Grocery was the traffic at the intersection and noted that, according to VDOT, the Tanbark intersection actually has had more accidents. Ms. Robinson said that this project does not fit the Comprehensive Plan. Mr. Bruguiere said that he does not think the entrances are a big problem and that sight distance is up to VDOT. He said that cutting the bank back would help with sight distance though. Mr. Bruguiere said that there are no uses left (after the applicants' proffers) that would not fit on the property and noted that if the medical center does not happen, the rezoning does not happen. He said that the county needs some business zones so the full tax burden is not just on landowners and that the tourism industry added all the traffic to 151. Mr. Bruguiere said that the proposal is an appropriate mixed use for this property with the way the proffers have been structured. Ms. Russell agreed, noting that she too would like to see a site plan but that the Commission does not ask an applicant to go to the expense of a full site plan until a rezoning is approved. She said that with the understanding that the Supervisors will not be asked to vote until there is an agreement with a medical center, she feels that the project would be a benefit to the community. Mr. Tapager said that he disagrees that traffic is not an issue but that it will continue to be an issue unless the county shuts down all development along 151. He said that real planning is needed for 151, noting that as people move into the area, markets for business are created. Mr. Tapager said that he thinks the project will be a good addition for the area and believe that it fits with the present zoning ordinance. He noted that traffic is an issue and asked the applicant to work closely with VDOT to get the best possible result. Commissioners voted 5-0 to recommend approval of the rezoning with the proffers listed above. SITE PLAN/NELSON COUNTY COURTHOUSE NEW JUDICIAL CENTER - Mr. Randy Vaughan, Wiley & Wilson, gave a brief overview of the new facility consisting of approximately 25,500 sq ft with site improvements to parking areas and entrance improvements. With no Public Comment, Commissioners approved the site plan 5-0. REZONING/MR. CURTIS BRUGUIERE - The applicant has applied to rezone approximately 1.1 acres of land located at 1897 and 1889 Avon Road from Residential R-1 to Business B-1 Conditional to permit use of a small area of the existing building for his real estate office and continued use of the remaining portion as a neighborhood convenience store (Anderson's Store). Mr. Boger noted that the applicant voluntarily proffered away all uses allowed under B-1 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. 8-1-5 Gasoline filling stations. 8-1-9 Schools of special instruction. 8-1-12; 8-1-13; 8-1-15; 8-1-16; 8-1-17; 8-1-18; 8-1-19 - all dealing with signs and parking. 8-1-a Uses-Permitted by Conditional Use Permit only. 8-1-b Uses-Permitted by Special Use Permit only. Mr. Boger noted that VDOT has indicated that any changes made to the site would require that the entrances be brought up to current standards. He said that this rezoning does not fit the goals of the Comprehensive Plan as this area is not designated as a growth area, as a Neighborhood Mixed Use Area for example. Mr. Tommy Bruguiere noted that he would abstain during discussion and vote on this request. Mr. Curtis Bruguiere, using a matrix prepared by Mr. Boger comparing the Harvey and Bruguiere rezoning requests, said that Anderson's has been in business for over 90 years and that there is very little residential property around the store. He said that any business can be tailored to fit along a rural road in a Rural Residential area and that this county needs more business. He said that the county needs more areas for business. Mr. Bruguiere then began an item-by-item comparison between the Harvey's requested rezoning and his requested rezoning. Ms. Russell said that nothing said about the existing country store has anything to do with the requested rezoning. Mr. Tapager agreed, asking the applicant to state what the actual rezoning request is for. Mr. Bruguiere said that he wants to use a 13x13 room attached to the store for a real estate office. He wants to lease out the store and run a real estate office. Mr. Tapager said that he would be willing to support a real estate office if all other uses were proffered away. He said that if the applicant wants something else however, the Commission should deal with that. Mr. Bruguiere said that he should not have to proffer everything else away if Mr. Harvey did not have to do so. Ms. Hunt said that Mr. Bruguiere's rezoning request has nothing to do with Mr. Harvey's request, which the Commission had already reviewed and was done with. Ms. Russell asked the applicant whether he would be willing to proffer everything but the real estate office and store. Mr. Bruguiere said that it is about being consistent. Ms. Russell said that the applicant has kept many uses and it becomes a speculative rezoning with the applicant telling the county what he might put there. Mr. Bruguiere again began a comparison of the two rezoning requests and Ms. Hunt said that the Commission would refuse to hear any more discussion about another case. Mr. Bruguiere said that he is not being treated fairly. During Public Comment, MS. KELLY MESSER, who lives near Anderson's presented a letter and a petition from area neighbors opposing the rezoning. She said that she enjoys having the store there but that there is a lot of traffic and parking issues with the site. She said that improvements are needed without a rezoning as the area is too congested. MS. DONNA SMALL, an area property owner, said that she cannot understand why Mr. Bruguiere cannot follow the Board of Supervisors' recommendation (from January, 2007) to rezone to Agricultural A-1. She said that the uses that could be developed on this site under B-1 zoning could have serious consequences for the area. MR. HARRY BAUM, Tanbark Lane, said that he supports Mr. Bruguiere's request and said that the whole issue is one business owner trying to control his competition. He said that Mr. Bruguiere's request is the same as Mr. Harvey's. MS. DONNA SMALL said that the two requests are not the same as Mr. Harvey will have to meet all the setbacks and requirements. She noted that Mr. Bruguiere's business is not in compliance now and is a non-conforming use. Mr. Curtis Bruguiere said that everyone assumes he wants to put in a gas station and that, while he has as much room as on of the other similar businesses for a gas station, that is not his plan. Mr. Harman said that he likes having a country store on the site and does not have a problem with a real estate office. He said that he would prefer the business stay non-conforming with a real estate office though. Ms. Russell said that if she were asked to approve a real estate office and the applicant could meet the VDOT requirements, she would consider going along with that request. She said that the applicant is not asking for that, but is asking to be allowed in the future to put in who knows what. She said that the rezoning would be speculative and she could not approve a rezoning to B-1. Ms. Russell said that she would be willing to look at a request for a rezoning to A-1. Mr. Tapager said that he would be willing to look at a request for a real estate office but that he could not support speculation. He said that a rezoning would have an impact on the neighborhood. Mr. Tapager said that if the request came back as a neighborhood real estate office, he would be willing to support that. Ms. Russell, before making her motion, stated for the record that she had not discussed this application with anyone in an elected position in this county. She then moved (Mr. Tapager seconding) to recommend denial of the rezoning of 1.10 acres from R-1 to B-1 Conditional to be used as a real estate office with the voluntary proffers as submitted (see list above) for the following reasons: 1. Approval would be a speculative rezoning. 2. The rezoning would not comply with the Comprehensive Plan as the area is not designated as a growth area. 3. The rezoning would not comply with the current zoning as the uses in the area are residential. 4. The Commission has received no documentation that the applicant could meet VDOT requirements if an office were added. 5. The rezoning would benefit only the applicant, allowing him to have an office on site. Commissioners vote 4-0-1 (Mr. Bruguiere abstaining) to approve the motion. CONDITIONAL USE PERMIT/MR. CURTIS BRUGUIERE - As the requested permit to keep the existing single family dwelling located at 1889 Avon Road as a conforming use was contingent on approval of the rezoning above, Commissioners voted 4-0-1 (Mr. Bruguiere abstaining) to defer consideration, at the applicant's request, pending a decision on the previous rezoning request by the Board of Supervisors. ZONING ORDINANCE AMENDMENT/SECTION 4-1-A - The proposed amendment would add a wood yard use for the storage and marketing of logs as a Use Permitted by Conditional Use Permit Only under Section 4-10a in the Agricultural District (A-1). Ms. Russell said that the Definitions section of the ordinance should be amended to include a definition of a wood yard before it is added as a use. Commissioners voted 4-1 (Ms. Russell voting no) to recommend approval of the amendment. Ms. Russell asked that staff schedule a public hearing on a definition for a wood yard for the next Commission meeting. Mr. Tapager asked that staff also develop a definition for a permanent sawmill, which is not currently included in the ordinance although a definition for a temporary sawmill is included. Meeting adjourned. Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - Saturday, September 27th - 11am-4pm - 12th Annual Charlottesville Vegetarian Festival at Lee Park (one block north of the Downtown Mall). If you'd like to volunteer at the festival, call 434.979.1200 or email info@cvillevegfest.org. - Saturday, September 27th - 12-5:30pm - OKTOBERFEST at Wintergreen Sponsored by Wintergreen Performing Arts - A celebration of German culture and food ? a family event in a beer garden setting. Enjoy traditional ?oom-pah? band music and taste local microbrewery beers. Feast on brats, wursts, German potato salad and kraut, along with American hot dogs and hamburgers. Admission: $20 adults, includes eight tasting coupons (additional tastings: $1). Non-drinkers: $5, includes two root beers. - Monday, October 27th - 7:30pm - Informational Meeting on Conservation Easements at the Nelson Library in Lovingston - Sponsored by the Central Virginia Land Conservancy. - Friday, October 3rd - 6:00pm-10:30pm - Star Watch - sponsored by The Rockfish Valley Foundation, Central VA Master Naturalist Chapter and the Charlottesville Astronomical Society (CAS). An evening of stargazing. Bring a picnic and enjoy a country sing-along around a campfire. Stargazing starts about 7pm. Event free and open to the public. Parking available off the Rockfish River Trail Head - at the bridge on Rt. 151, 2 miles south of Nellysford. Rain date October 4th. For further details, contact Peter Agelasto at 434.361.2251. -------------------------------------------------------------------------------------------------------------------------- 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