PLANNING COMMISSION

Wednesday, July 24, 2002

Present: Mr. Brush, Ms. Proulx, Mr. Harvey, Mr. Harlow, Mr. Drumheller, Mr. Hoffman, Dr. Walker, Mr. Giles

Absent: Ms. Russell

SPECIAL USE PERMIT DOUBLEWIDE IN R-2/TAYLOR – The applicants were applying to place a doublewide in a Residential District (R-2) on the south side of Rockfish River Road (Rt. 617) at the intersection of Riverside Drive (Rt. 804). Mr. Boger noted the mix of zoning in the area and that the proposed doublewide would have little impact on the immediate community. He also said however that should the request be approved, the Zoning Ordinance would be amended to permit manufactured homes built to Federal Standards in an R-2 District via a Conditional Use Permit. He presented the question of whether a manufactured home would be a desirable fit in other R-2 districts such as downtown Lovingston.

During Public Comment, Mr. Mike Tapager suggested that the county add guidelines to the Zoning Ordinance under Permits to mitigate misunderstandings rather than to continue case-by-case consideration. Mr. Brush noted concern with amending the Zoning Ordinance without looking at all of the implications because of one case and asked about rezoning the applicant’s parcel to A-1 since it could be contiguous A-1 with the property behind it. After referring to the zoning map and conferring with the applicant, Commissioners voted 8-0 to defer a decision. The applicant plans to amend the application to request rezoning from R-2 to A-1.

CONDITIONAL USE PERMIT FOR AIRSTRIP/HOLT – Mr. Dabney Holt was applying for a Permit to allow a private airstrip to allow construction of a helipad for his personal use at property at 743 Deer Run Drive. Mr. Boger noted concerns of neighbors including Mr. Holt’s helicopter flying experience, noise, fire danger, impact on area livestock and fuel storage. The applicant said he planned to use the helipad once or twice a month. The size of the helipad would be 100’x100’ with lawn-type grass, no structures and no on-site fuel storage. He presented information on the size of the helicopter and a sound-level study on the Robinson R22 helicopter conducted by an engineering firm indicating that a noise level at 80.2 dB at take-off and 86.7 dB for landing for 30-45 seconds. The study related that noise level to the operation of other equipment such as a 60-70 hp tractor at 87-89 dB. Mr. Holt also said that the helicopter would be available for use by the Nelson Search and Rescue group and the Forest Service.

During the Public Hearing, Ms. Judith Williams said that she had purchased her property next to Mr. Holt three years ago and loved the peace and quiet and her neighbors. She said that many of her neighbors had moved to Nelson for the quiet and are now scared. She asked whether we wanted helicopters taking off and landing around the county. She noted concern with accidents during take-off and landing, fires and noise. Ms. Williams said that if the county approves this helipad, we could have these “toys” all over the county and said that she didn’t buy her house to be next to a helipad. She presented Commissioners with 50 petition signatures against the proposal. Mr. Tim Higgins said that, referring to the earlier proposal, the Commissioners had obviously given a lot of consideration to the application for the doublewide in an R-2 district and asked that they give the same consideration to this proposal. He noted his opposition and the precedent that approval would set. Ms. Kyra Ritter also voiced her opposition noting concerns for the livestock, noise, fire danger and fuel storage. Ms. Cheryl Sweeney also voiced her opposition for the same reasons.

Mr. Holt then answered some of the concerns by saying that he would not store fuel on site but would fly to Waynesboro to fuel. He also said that he would not be doing any night flying. Mr. Holt noted that the helipad would be 500’ from the property line and 1200’ from the nearest house, which would be Ms. Williams’ home. Mr. Harvey asked if the helicopter could be brought to the county so that neighbors could actually hear it and so that a sound test could be conducted on the actual site. Mr. Holt said that he has not yet purchased the helicopter and that it would be difficult to find one to bring here. Mr. Harvey said that he did not think the public had tried to inform themselves of the facts as well as they should have and noted that the sound tests had been conducted certified by an engineer. Mr. Brush said that he agreed with the residents in opposition saying that it would be an invasion upon a neighborhood. He said that he could not think of a good purpose for the helicopter and said that the applicant could land it at an airport and then drive wherever he wanted to go. Mr. Harvey disagreed saying that it would be useful for the new Search and Rescue group and emergency services. Mr. Harvey also said that as a property owner, the applicant should be able to do what he wants to do with his land. He noted that Mr. Holt’s is a large property and that the helicopter would be far away from neighboring homes. Mr. Hoffman agreed with Mr. Harvey. Dr. Walker questioned how many helipads the county might want. She noted that there have been 2 or 3 airstrips approved in the county during her time on the Commission and said that she would not want to be next to one. She said that it was a quality of life issue and noted that the helicopter would be strictly for the applicant’s enjoyment. Ms. Proulx then made the motion to defer a decision pending the applicant bringing the helicopter to the site for sound tests. Dr. Walker asked whether that would assume that a sound test might change the vote. Noting that a yes vote would defer a decision, Commissioners voted 5-2 (Ms. Proulx and Mr. Drumheller voting yes). Then on Mr. Harvey’s motion to recommend approval of the application, Commissioners voted 3-5 – Mr. Harvey, Mr. Harlow and Mr. Hoffman voting to recommend approval with Ms. Proulx, Mr. Drumheller, Mr. Brush, Dr. Walker and Mr. Giles voting to recommend denial.

AMENDMENT TO CONDITIONAL USE PERMIT/HALE – Mr. Boger noted that Mr. Alan Hale was requesting an amendment to allow the rear of his existing building to be used for 4 commercial storage units (9’x 9’ each). He said that the previous owner constructed the building years ago for use as a machine shop and that the county had approved a Conditional Use Permit in 1999 for Mr. Hale to allow the building to be used for offices, book storage and possible ambulance parking. Mr. Boger noted concern with amending the Zoning Ordinance to allow this type of use in an agricultural zone when it is a use permitted in an Industrial (M-2) District.

With no public comment, Mr. Harvey said that the building is already there and that the proposal would be low impact with little traffic. Mr. Boger said that the big question was whether the county wants this type of operation in any zoning district and what limitations it might want to put on the operation. Mr. Hale noted that the building is definitely commercial and said that the 4 storage units would be out-of-sight of the road. He said that the area is not suitable for agriculture or forestry. Dr. Walker asked about any impact on the neighbors and Mr. Hale indicated that there are no residences within sight of the area and that it faces the railway embankment and screening. Mr. Hale said that there is a light at the front of the building and that he had no plans to add additional lighting. Mr. Brush said that he would be willing to allow the applicant to operate under his existing Permit. Commissioners voted 8-0 on Mr. Harvey’s motion to that effect.

COMPREHENSIVE PLAN PUBLIC HEARING – Mr. Boger presented Commissioners with the Board of Supervisors’ revisions to the proposed Comp Plan and said that the Board would now hold the Public Hearing on TUESDAY, AUGUST 13 during their 7:30pm session. (Please note that this is a change from the Board’s previous decision to set the date at their August 13 meeting. You can review the proposed Plan with the Board’s revisions at www.tjpdc.org.)

PLANNING COMMISSION BYLAWS – Mr. Boger presented a first-draft of the new bylaws for Commissioners to review. Changes are required to the bylaws due to the Board’s reorganization of the Commission. The bylaws will be discussed at the August 28 meeting.