PLANNING COMMISSION

Wednesday, August 28, 2002

PRESENT: Mr. Brush, Ms. Proulx, Mr. Hoffman, Ms. Russell, Dr. Walker

ABSENT: Mr. Harvey, Mr. Giles

Mr. Boger noted that Mr. Drumheller has officially resigned his seat and that Mr. Harlow has verbally resigned his seat.

REZONING REQUEST R-2 TO A-1/TAYLOR – Mr. and Mrs. Jimmy Taylor have requested rezoning approximately 1.5 acres on Rockfish River Road (Rt. 617) from Residential (R-2) to Agricultural (A-1) to allow placement of a doublewide manufactured home. At the July Planning Commission meeting, Commissioners had considered a request for a Special Use Permit under “Uses not provided for”. After consideration and looking at the maps, Commissioners asked Staff to readvertise for a rezoning, noting concern that the Permit would require amending the zoning ordinance to list doublewides as one of the uses permitted by Permit in an R-2 District.

Mr. Boger said that he could not recommend approval of the rezoning as it constituted spot zoning that would benefit no one but the applicant. He recommended a Special Use Permit, allowing the county to deny a Permit to any applicant whose placement of a doublewide would negatively impact a community.

Ms. Proulx noted that Commissioners had advertised a rezoning based on the belief that rezoning the parcel in question would allow for contiguous A-1 zoning in the area. Mr. Boger said that the A-1 land is actually across the road from the parcel with R-2 land around the parcel. Ms. Russell said that amending the zoning ordinance under “Uses not provided for” would then apply to all R-2 districts, such as Lovingston. Mr. Boger said that each applicant would require a Special Use Permit, which could be denied if it changed the character of the neighborhood. Commissioners asked the applicant if she would be willing to apply for rezoning for her other parcel from R-2 to A-1 to make the A-1 zone contiguous. They also asked Staff to contact the adjoining landowner to see if he would be interested in rezoning his R-2 to A-1. Commissioners agreed that they would prefer to rezone all three parcels, but would vote on the two parcels at the October meeting even if the third landowner does not agree to request a rezoning. Dr. Walker said that the county has made exceptions in the past and that this doublewide would not change the character of the area. Commissioners voted 5-0 to defer to September to advertise the additional rezoning in that area.

FINAL REVIEW SUBDIVISION PLAT/HIGHCREST AT STONEY CREEK – With no public comment, Commissioners voted 5-0 to recommend approval.

FINAL REVIEW SUBDIVISION PLAT/ST. JAMES PLACE – The applicant, The Nelson County Community Development Foundation, is dividing 10.06 acres off Rt. 151 into six parcels. Lots 1-5 will be one acre and will be sold for first-time homeowners. Lot 6 will be 5.06 acres to be used for 1-2 single-family or duplexes, if it is ever developed. Commissioners voted 5-0 to recommend approval.

PRELIMINARY REVIEW SUBDIVISION PLAT/THOMAS – Contract Purchaser, David L. Thomas, plans to divide 62 acres on the southbound side of Rt. 29 just south of the Rt. 790 intersection into 4 lots ranging from 8-28 acres. After verifying that the 3 existing entrances onto Rt. 29 meet VDOT standards and with no public comment, Commissioners voted 5-0 to approve.

REZONING REQUEST/ROCKFISH VALLEY COMMUNITY CENTER – Mr. Boger noted that the RVCC is currently zoned Residential (R-2). He said that there is no provision or description in our current zoning ordinance for a Community Center so he had asked the directors of RVCC to list the uses they propose for the Center. Mr. Boger said that all of the uses would be appropriate under Agricultural (A-1) with the possible exception of a Business Incubator and a Catering Service. Ms. Russell suggested defining a Community Center in the ordinance with a Special Use Permit for anything requested outside that definition. Ms. Proulx expressed concern about allowing just any kind of “business” in a community center. Representatives of RVCC noted that their lease with the county does allow for rental of 1/3 of the space at the Center to business entities to provide funding to offset maintenance expenses for the building. Mr. Boger noted that the Ruritan Park is also zoned R-2 although most of the surrounding land is A-1. Commissioners asked Staff to contact the Ruritans to see if they would agree to rezone their parcel at the same time the RVCC is rezoned to A-1.

The next regular Planning Commission meeting is Wednesday, September 25 at 7:30pm.