ZONING WORK SESSION Wednesday, March 19, 2003 Present: Mr. Brush, Mr. Hoffman, Ms. Proulx, Ms. Hunt Absent: Mr. Giles, Ms. Russell, Dr. Walker Staff: Mr. Boger, Ms. Owings NOTE: The Draft Ordinance is being added to the County website. The homepage is www.nelsoncounty.org The link to the Ordinance is [http://nelsoncounty.com/default.asp?pageid=E6DB220E-FE9E-487D-BCF9-5F5C54E718EE] At this time the Zoning Districts sections are not yet on line. They are available to examine during office hours at Rural Nelson Wednesdays from 3-7. Mr. Boger called the meeting to order. He explained that the Board of Supervisors was engaged in a Budget Work Session and that Mr. Carter had not realized that it would conflict with the previously scheduled Zoning Work Session when it was scheduled. Mr. Boger further explained that both staff and some Supervisors thought that it was a mistake to meet without Mr. Cox (the consultant whom the County hired to write the draft Zoning Ordinance). A discussion ensued concerning the process of the Workshops. Ms. Proulx stated that it was difficult to discern who was running the meetings and that that contributed to slowing down the process. Mr. Boger agreed, stating that it was difficult for staff to discipline Board members and Commissioners as he works for them. Mr. Brush stated that he felt he was in much the same position as he works at the pleasure of the Board. Mr. Boger said that staff had had internal discussion and had consulted with Board members concluding that in the interest of expediting and lending some order to the process that a stricter adherence to Robert's Rules would be of benefit. NEIGHBORHOOD BUSINESS DISTRICT, (N-B) Members then reviewed Chapter 3.E of the draft ordinance entitled "Neighborhood Business District, (N-B). This is a Zoning District intended for "a well defined, moderately dense center of rural activity that is surrounded by sparsely developed, or sparsely populated rural land. Business and civic land uses in the N-B District shall serve rural residential and rural village demands, with the purpose of these establishments to provide only those goods, services and necessities that usually require frequent purchasing and minimum of consumer travel per shopping trip." Mr. Boger stated that possible areas for this type of district might include Schuyler or Arrington. He recommended taking out the public water and sewer service requirements. Members agreed. Under "Permitted Uses" (by-right) members struck, "without drive-thru facilities" from "Banks and financial institutions" citing the fact that drive-thru facilities could be regulated in the site review process. They added 1)"Residential uses" (including apartments), 2)"Communication towers and antennae" (subject to the current Tower Ordinance), and 3) "Day care facilities" to the "Permitted Uses" section from the "Special Permit Uses". To the definition of "funeral homes" under the Special Permit Uses, members agreed to add "cremation facilities". They also struck "Use which is not served by public water or sewer". Ms. Proulx requested that Mr. Cox explain to the members sections 10-12 under "Additional Regulations" dealing with curb cuts. Mr. Boger agreed, adding that these sections would help to strengthen County control over certain safety concerns where VDOT regulations were too rigid and didn't take into account site-specific traffic safety issues. TOWN CENTER DISTRICT (TC-B) Members then reviewed Chapter 3.F of the draft ordinance entitled "Town Center District (TC-B). This is a zoning district "intended to promote harmonious development, redevelopment and rehabilitation of uses in and around the designated growth areas of the town of Lovingston. The regulations of the TC-B District are intended to promulgate the [Comprehensive] Plan's goals for revitalization, redevelopment and historic preservation while emphasizing residential stability and encouraging a balanced mix of uses in Lovingston." Members agreed to strike the Lovingston specific language in favor of allowing the District to be used in other areas. It was noted that at present, Lovingston is the only area that would be appropriate for this District, but that in the future, it might be applicable to other areas. To "Permitted Uses" (by-right) members agreed to add "Studios for artists, photographers, sculptors or artisans." They also moved all uses listed in the "Special Permit Uses" section up to the "Permitted Uses" section except for those waiving landscaping, open space, building height, yard, and square-footage (under 10,000 sq. ft.) requirements. They agreed to examine the public utilities definition possibly breaking it down into heavy and light uses. There were also questions about the definition of a "quick-service food store". Ms. Proulx noted that franchise-style establishments could be allowed to fit in through design guidelines in the site review process. Mr. Brush argued for not permitting waivers at the Planning Commission level. He thought stronger control could be maintained through the present system where the Board of Zoning Appeals handles waivers. Mr. Boger pointed out that leaving it at the Planning Commission level could give the Commission more flexibility, but could see both sides of the issue. Under "Additional Regulations" members discussed with no clear consensus on whether to leave untouched "The conversion of any residential structure for a nonresidential use as the principal use of the building is subject to special use permit approval." They struck section 3 requiring refuse to be kept in enclosed areas and section 5.b requiring a demonstration of adequate off street parking for commercial uses. The meeting was adjourned. The next Zoning workshop will be April 9 at 7:00. -------------------------------------------------------------------------- This report, sent to over 525 Nelson County citizens, was made possible by the generous donations of Rural Nelson members and supporters. Mike Tapager Rural Nelson, Inc. P. O. Box 401 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org