PLANNING COMMISSION MEETING AND ZONING WORK SESSION Wednesday, October 22, 2003 Present: Mr. Brush, Ms. Proulx, Mr. Bruguiere, Ms. Russell, Dr. Walker Absent: Mr. Hoffman, Ms. Hunt, Mr. Giles CONDITIONAL USE PERMIT/ROSS - Mr. Thomas Ross, Jr. applied for a Permit to allow placement of a second manufactured home on the same parcel at 1446 Phoenix Road in Arrington. The property is zoned Agricultural (A-1) and is five acres in size. Mr. Boger noted that the area has experienced significant growth, changing the character from agricultural/forestal to a residential community with dwellings on individual lots. He also noted two past decisions involving manufactured homes in that area were the requests to place a second home were denied by the county. Mr. Boger also said that the county is in the process of pursuing legal action to deal with the illegal automobile graveyard covering approximately 3 ½ acres of the applicant's property. Mr. Ross explained that the second manufactured home would be used as a rental property and that the existing home on the property is used as an office. He said that adding the second unit would also help to screen the view of the auto graveyard. Dr. Walker asked if the first unit was habitable and Mr. Ross said that the second unit is a newer unit and that he needed someone to live on the property. He noted that he had moved off the property about two years ago. Ms. Russell said that the applicant had applied for a permit for the auto graveyard a year ago, which was denied although the applicant is still operating an illegal auto graveyard. She noted that the applicant is now applying for more on the property when he has not complied with the directive from a year ago. Ms. Proulx suggested that the easiest solution would be for the applicant to remove the existing unit from the property and replace it with the newer unit. Mr. Boger noted that that would require the approval of the Health Department for the well and septic and that it would require actual removal of the old unit. Mr. Bruguiere said that the second option would be to divide the property to allow placement of each unit on a separate parcel. With no Public Comment, Mr. Brush presented the options to the applicant who chose to have the Planning Commission vote on his applicant to add a second unit, after verifying that he could still chose to replace the older unit with the newer if his application were denied. Commissioners voted 5-0 to recommend denial of the permit, noting the previous decisions to deny and the effect approval would have on changing the use of the area. ZONING WORK SESSION - CORRIDOR OVERLAY DISTRICT (C-O)- From the Purpose and Intent Section of the draft Ordinance: "The Corridor Overlay District fulfills the Comprehensive Plan's goal of recognizing the unique character of the entrance corridors and arterial roads which serve as the gateways to Nelson County and contiguous jurisdictions' historic destinations as well as to other points of regional tourism interest or cultural destinations. The protection and design control of these corridors and gateways is intended to stimulate complimentary new development which will be compatible with the County's historic character and which will enhance its attractiveness to tourists, visitors and its residents. The District is established to maintain, preserve, protect and enhance the historic character, cultural significance, economic vitality, visual quality and architectural style of the County." From the Application of the Corridor Overlay District: "The boundaries of a C-O District shall be established by the Board of Supervisors and applied to properties which may be contiguous to or in direct view of existing and proposed arterial roads and streets serving as access to local and regional historic and tourist-related areas, provided that existing single-family residences located within the C-O District which are not listed on the National Register of Historic Places or designated as a historic landmark by the County are exempt from this district." Mr. Boger noted that in the public forums, Comprehensive Plan process and the county survey, people had said that they did not want Rt. 29 and the county's main roads looking like those in Madison Heights. He said that he would recommend including the C-O District in the Ordinance and then submitting potential roads to the Supervisors for consideration. He suggested including Rt. 29 and Rt. 151 and possibly Rt. 56 leading to and from the Blue Ridge Parkway. Mr. Boger pointed out that this Overlay District is not a typical Historic District, but rather would protect entry corridors to scenic and tourism routes. He reminded the Commissioners that single-family residences would be exempt from the district. Mr. Bruguiere said that the District would prohibit a lot of things on primarily agricultural land and would be restrictive on property rights by adding another step in the approval process. Ms. Proulx asked how wide the Districts would be along the sides of the roads and Mr. Boger said that that would be defined in the Ordinance. Staff then pointed out that the Ordinance exempts Agricultural and Forestal enterprises from the District review process. Mr. Bruguiere, noting that the District requires the establishment of a Review Board, asked whether the Review Board would have final say on an application. Mr. Boger said that the decision of the Review Board could be appealed to the Board of Supervisors within 14 days. Mr. Boger suggested that the Review Board be responsible for creating the guidelines for the C-O District. Commissioners reviewed the Membership of the Review Board, which would consist of seven citizens with at least three residing or representing businesses operating within a C-O District and all of whom shall be residents of the county. Following review of the C-O District chapter, Mr. Boger reported that Staff would be forwarding the draft Rural Residential and Rural & Farming chapters to the Board of Supervisors for their review prior to sending those to Mr. Cox to be rewritten. Ms. Proulx suggested that if the proposed drafts are not what the Supervisors want, that they send back information on what they do want. Meeting continued to Wednesday, October 29 at 7:00pm for a Zoning Work Session on the Landscaping, Board of Zoning Appeals and Special Use Permit chapters. ------------------------------------------------------------------------ This report, sent to over 550 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 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org