Board Of Supervisors 10.14.08


Tuesday, October 14, 2008

Present: Mr. Tommy Harvey, Mr. Allen Hale, Mr. Tommy Bruguiere,
Ms. Connie Brennan and Mr. Joe Dan Johnson

2009 LEGISLATIVE PROGRAM – Mr. David Blount, Thomas Jefferson Planning
District Commission Legislative Liaison, presented the draft 2009 program
noting priorities for:

1. Local and State Funding Obligations – to resist shifting fiscal
responsibility for programs to localities and to broaden revenue sources
available to local governments;
2. Land Use and Growth Management – to provide additional tools to manage
growth – including impact fees and authority for adequate public facility
3. Transportation Funding – opposition to the state shifting road
maintenance and construction responsibilities to localities – including
support for passenger rail service for the Piedmont corridor (TransDominion
4. Comprehensive Services Act – to better balance CSA responsibilities
between state and local governments; and
5. Public Education Funding – request that the state fully fund their
share of the realistic costs of meeting the Standards of Quality and enhance
teacher salaries to help recruit and retain high-quality instructional

Mr. Bruguiere expressed opposition to the request, under Land Use and Growth
Management, that the state increase the roll-back taxes assessed against
property under land use taxation from five years to ten years. After
discussion, Supervisors agreed to the request if the change were requested
with the language, “on a local option basis” to make the legislation
enabling rather than required for each locality. Supervisors voted 5-0 to
approve the Legislative Program with the change noted.

that the soils work had been done on the Schuyler site and that he had
completed some additional topographical work. He noted that the site will
work but has several problems – there can only be one entrance to the site
due to limited sight distance; there is a 36′ to 38′ difference in elevation
from one side of the property to the other; and the cemetery in the middle
of the property would have to be dealt with in order for the site to work.
Ms. Susan McSwain, Nelson County Solid Waste and Recycling Coordinator,
reported that there were 88 loads of waste pulled in the county with one
half of those coming from Faber/Schuyler – 28 in Faber and 15 in Schuyler.
She said that the ratio of Faber to Schuyler pulls is fairly consistent.
Ms. McSwain said that she is concerned that putting the new site in Schuyler
will increase the traffic from Faber at the Rockfish site which is already
as busy as it can get. Supervisors agreed to table consideration of the
Schuyler site while they explore the process to move the gravesites and
while continuing to work on the Cove Valley site.

Mr. Harvey reported that he has been working with the Cove Valley members
but has still not received a membership list as promised. He said that he
has made multiple calls to members and only one has expressed opposition,
and that member changed their mind after hearing the details of the
proposal. Mr. Harvey said that he is meeting with the three trustees on
October 15th and felt that there would be a positive vote from the
membership. After further discussion, Supervisors voted 5-0 to adopt a
resolution offering Cove Valley Recreation $12,000 per acre for two to four
acres of land to be designated by the county in the northeast corner of the
property off Cove Valley Lane.

FY08-09 SUPPLEMENTAL FUNDING REQUESTS – Supervisors agreed to table a
request for $2,600 to fund substitute hours for the Nelson Memorial Library.
Mr. Bruguiere said that funding requests should not be addressed outside
the regular budget cycle. Mr. Johnson, noting the 20 plus requests
received, suggested tabling the discussion until the Board retreat and until
the county hears from the Governor about state funding. Supervisors voted
5-0 to approve $306 in additional funding for the Offender Aid & Restoration
(OAR) program.

Supervisors voted 5-0 to adopt a resolution to approve financing and provide
authorization to issue public facility lease revenue bonds not to exceed
$7,500,000 for the courthouse project. Rural Development financing has been
made available for the project at 4 1/8% for 40 years and is a part of the
financing package for the project.

BOARD OF SUPERVISORS’ MEETING SCHEDULE – Due to other meetings and holiday
schedules, Supervisors voted unanimously to change their meeting schedule as

– October 23rd at 7:30pm (regular meeting date)
– November 18th at 2:00pm (changed from second Tuesday date)
– No second meeting in November
– December 9th at 2:00pm (regular meeting date)
– No second meeting in December

PROPOSED ZONING ORDINANCE AMENDMENT – Mr. Harvey noted that the resolution
being considered requests that the Planning Commission review Article 4,
Section 4-2 of the Zoning Ordinance and Sections 2 and 3-2 of the
Subdivision Ordinance relative to “Division Rights and Area Regulations” as
they apply to a family subdivision. Mr. Harvey said that he had thought
that the language of the ordinance protected the right to divide off a
parcel for a child. He noted that the request for a review and possible
amendment is due to family desire to further divide a parcel with no further
division rights for family members. Mr. Hale strongly objected to the
resolution as it clearly states that the Board intends to amend the
ordinance. He said that that is not his intention and that exempting family
divisions was not the intent when the Board drafted the division rights.
Mr. Hale said that exempting family divisions from the number of lots in an
agricultural zone is opening Pandora’s box and that the county will no
longer be able to control the division of land in the agricultural
districts. Mr. Harvey said that the resolution is simply intended to have
the Planning Commission review the issue and make a recommendation, noting
that the resolution is a working document and restrictions can be put on
family divisions. After further discussion, Supervisors amended the
resolution to request review of the ordinance and delete reference to
amending the ordinance. Ms. Brennan said that she is concerned that
exempting family divisions may create a problem but that she is happy to
have the Planning Commission review the ordinance. Mr. Harvey agreed, again
noting that the worst divisions are family divisions, but said that a family
needs to be able to give a child land. Supervisors voted 4-1 (Mr. Hale
voting no) to adopt the resolution and giving the Planning Commission 90
days to review and make a recommendation.

COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported that the corrected and
revised (preliminary) flood maps have been received from FEMA and will be
utilized by County staff until FEMA completes the final authorization within
the next year. Maps are available for review in the Planning Office and
will, at some point, be added as a layer to the Nelson GIS website.

APPOINTMENTS – Supervisors voted unanimously to reappoint Mr. John Bradshaw
to the Board of Zoning Appeals.

REZONING/MR. AND 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 related offices on the site. The applicant has proffered away a list of
uses and has also proffered that the mobile home and existing house will be
removed and that if the medical center does not come, the zoning does not go

Mr. Jim Gates, a partner in the project, said that the plan is for a 5,000
sq ft (50 x 100′) brick building with low lighting on the building. He said
that the plan is for an entrance off Rt. 151, which has been verbally
approved by VDOT for sight distance, and another entrance off Tanbark Road.
Mr. Bruguiere asked whether negotiations are ongoing with Martha Jefferson
and Mr. Gates said that they are continuing and have been very positive. He
said that Martha Jefferson expects the approval to go through. Mr. Harvey
said that the proposed entrance on Rt. 151 will be 315 feet north of the
Tanbark intersection and that he would be willing to make the Tanbark exit a
left exit only so there would not be additional traffic at the intersection
on Rt. 151. Mr. Harvey noted that there has never been an accident at that
intersection from a car coming out and going north or south. He said that
the majority of the accidents are rear-end collisions on 151 with people
waiting to turn off 151. He said that he is working with VDOT to get
permission to cut the bank back to increase sight distance at the Tanbark
intersection. Mr. Harvey also said that he would be flexible as to the
building location on the site, which ultimately would be Martha Jefferson’s

During Public Comment, MR. MIKE TUSO, Tanbark Road, said that safety is his
primary concern. He said that since the Planning Commission meeting, he has
talked with Mr. Harvey and knows that Mr. Harvey is also concerned about
safety. Mr. Tuso presented statistics on accidents at 55mph and noted that
the Tanbark intersection does not meet VDOT’s own standards for sight
distance. He asked the Board to encourage the applicant and the health
center to do all possible to ensure safety.
MS. SHELBY RALSTON, Afton, said that she disagrees with Mr. Harvey on this
proposal but that she is still his neighbor. She said that she called
Martha Jefferson and talked to the man in charge of this project. Ms.
Ralston said that she then talked to several property owners on 151 who said
they would welcome this project on their property. She then said that she
is showing a Martha Jefferson representative property on October 15th. Ms.
Ralston said that it only took two phone calls to find alternative
properties that would not have to request a rezoning and asked for time for
the community to develop alternatives.
MS. ANGELA ROBINSON, Afton, read the Board of Supervisors their mission
statement and asked that they follow it and keep Nelson County safe.
MR. MIKE MORAGHAN, who lives across from the proposed site, said that the
speed limit on 151 should not be 55mph and needs to be lowered. He said
that he would like to know what, besides a medical center, would be in the
building. Mr. Moraghan said that he thinks the medical center would be an
upgrade to the property if landscaping is a part of the plan.
MS. KELLY MESSER, Afton, said that if the concern is safety, the county
would have to close every business along 151. She said that a medical
center is needed and that the speed limit should be lowered to help address
safety issues.

Mr. Harvey said that Martha Jefferson would use 3,500 sq ft of the building
and that they would have to approve the client for the remaining 1,500 sq
ft. He said that the secondary client would be something compatible to a
medical center. Mr. Harvey said that Ms. Ralston is a realtor who has been
in contact with his client constantly and needs to check her real estate
ethics. He said that he is no longer will to wait for a vote with all that
is going on and asked the Board to vote for the rezoning with a two-year
time limit – if no medical center after two years, the zoning would go back
to residential.

After discussion with Mr. Boger and Mr. Carter relative to the procedure and
legality of placing a time condition on a rezoning, Supervisors agreed by
consensus to defer a decision to consult with legal counsel.

REZONING/MR. CURTIS BRUGUIERE – The applicant has applied to rezone 1.10
acres of land located at 1897 and 1889 Avon Road from Residential, R-1 to
Business, B-1 Conditional to permit use of a 13′ x 13′ space in the rear of
Anderson’s Grocery for a real estate office. Anderson’s Grocery is operated
a neighborhood convenience store and is a non-conforming use. Mr. Tommy
Bruguiere stated that he would recuse himself from the discussion and vote.
Mr. Curtis Bruguiere said that he wants to be able to lease the store to
someone else to operate while he operates the small real estate office in
the rear of the building. He said that the Board should be consistent in
the way they treat rezoning requests and that Afton has been left out for
business growth because of the Comprehensive Plan. Mr. Bruguiere said that
business can be tailored to fit an area. He said that he is not interested
in running the store but wants to be able to have the real estate office in
the building. He said that he does not see how a real estate office is
going to change the integrity of the neighborhood and that he can cut down a
few trees to have plenty of off-street parking. Mr. Bruguiere said that he
could also bring the entrances up to VDOT standards. He said that he was
told the County Attorney had said he would not have to meet current setbacks
if he added the real estate office. Mr. Bruguiere then offered to proffer
away the gas station as a use.

During Public Comment, MS. DONNA SMALL, Afton, said that she just wants to
know what is going to be in the building and that proffering away everything
but the store and real estate office eliminates the concern.
MR. MIKE TUSO, Afton, said that he has missed the store since it has been
closed and said that the Planning Commission and Board both seem to want to
find a way for the applicant to operate a store and real estate office so he
hopes that happens.
MR. ROY WHITE, Afton, said that he was happy to hear the applicant proffer
away the gas station. He said that B-1 Conditional zoning is too broad and
the character of the neighborhood could be in jeopardy. Mr. White also
questioned whether the applicant can meet today’s VDOT standards given the
size of the property.
MS. KELLY MESSER, Afton, said that she was happy to have the gas pumps
proffered away. She said that the lot is too small to even be a country
store with inadequate parking and that there is always parking along the
road. Ms. Messer said that she has no problem with a store and real estate
office but does not want more there.
MS. ANGELA ROBINSON, Afton, said that the Board of Supervisors is a joke and
asked if they had ever heard of equal application of the law. She said that
if you do it for one, you should do it for all.
MS. SHELBY RALSTON, Afton, said that she is ethical and is Mr. Bruguiere’s
sister-in-law. She said that the store has been there for 90 years and she
is glad the Board of Supervisors is bringing it back.

Ms. Brennan said that she is in favor of the store and real estate office
but could not understand why the applicant would not just request what he
actually wants and let the rest of the uses go so there would not be a
question of a negative impact on the neighborhood. She said that she is
also concerned that an additional use not create additional traffic. Mr.
Bruguiere said that if the property were rezoning and sold, the new owner
would be constrained by the small lot size. He said that the store creates
the most traffic and any other use would generate less traffic than the
store. Mr. Harvey said that he is concerned that the applicant will hurt
himself by rezoning and suggested that the applicant consider postponing to
allow for consultation with legal counsel and VDOT to verify that he can
meet today’s VDOT standards and that he would not be required to meet
setback requirements by adding a new use to a non-conforming business. With
the applicant’s agreement, Supervisors voted 4-0 (Mr. Bruguiere abstaining)
to defer until the October 23rd meeting.

SEWER – Mr. Boger presented the draft amendment to Section 12-1 Zoning
Permits (Zoning Ordinance) and Section 4-4 (Subdivision Ordinance) prepared
by the Planning Commission. The amendment would require that no subdivision
(one division is a subdivision) will be approved where an individual septic
system will be used until written approval has been received from the
Virginia Department of Health and include a reserve system area of 100%
minimum. The amendment would exempt a) a residue parcel (the remaining
portion) of 20 acres or more from the requirement with a note on the plat
that soils work has not been done and there is no guarantee of adequate
soils to support an on-site system and b) a lot with an existing on-site
septic system approved by VDH.

During Public Comment, Mr. Carlton Ballowe said that VDH does not require a
100% reserve and the ordinance should simply reference the VDH requirement.
He said that the amendment was written by a surveyor and an AOSE (Authorized
On-Site Soil Evaluator) so he is not surprised to see the requirement. He
said it was like having the fox guard the henhouse and there should have
been input from the average citizen and a developer. Mr. Ballowe said that
some soils in the county do not need a 100% reserve and we should not make
putting in a septic system more difficult.

Mr. Bruguiere said that he does not think parcels of less than 20 acres
should necessarily have to have soils work done as not all lots are building
sites. He said that the onus should be on the buyer of the parcel created
as it would be an added burden on the seller. Mr. Bruguiere said that he
agrees that a platted subdivision should have soils work on every lot.
Supervisors tabled further discussion for another work session and directed
staff to have someone from VDH attend the October 23rd meeting to answer
questions about the 100% reserve.

With no public comment, Supervisors voted 5-0 to add 4-1-23a Wood Yard as a
use allowed by Conditional Use Permit in Agricultural, A-1 districts.

Meeting adjourned.

Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.


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