PLANNING COMMISSION Wednesday, February 25, 2004 Present: Mr. Brush, Ms. Proulx, Mr. Bruguiere, Ms. Russell, Ms. Hunt, Dr. Walker Absent: Mr. Hoffman ELECTION OF OFFICERS - By unanimous vote, Mr. Brush was elected Chair, Ms. Proulx, Vice Chair and Ms. Owings, Secretary for 2004. CONDITIONAL USE PERMIT/ST. JAMES BAPTIST CHURCH - With no public comment, Commissioners voted 6-0 to recommend approval of a cemetery to be located at the corner of Clay Pool Road and St. James Church Road. SPECIAL USE PERMIT/ASHLEY'S MARKET - Mr. Barry Patrick, applicant, has requested a permit to replace the existing building located at 6445 Rockfish Valley Highway with a new building to be operated as a neighborhood retail store. Mr. Boger noted that the existing building would remain in use while the new building is being constructed. He also said that the applicant had submitted site plan for approval. Mr. Boger pointed out that several review items (Health Department, utilities, E&S Plan) are still pending. In addition, he said that the applicant is aware that he must change a rear parking area to eliminate the need to back into the roadway and that he must change the row of planned taller trees to an area of low growing shrubs and plantings to help with sight distance. Ms. Russell said that she fully supported the issuance of the Permit, but said that she was concerned about approving a site plan that did not truly represent the applicant's plans and in the absence of a lighting plan. Ms. Proulx agreed and Mr. Brush suggested that the Commissioners could give Mr. Boger authority to approve the site plan administratively once all information had been received. Mr. Bruguiere asked whether the planned lighting would be less intrusive than the current lighting. Mr. Patrick said that the current lighting is not shielded, although the new lighting would be. He also noted that the new building and canopy would be further back from Rt. 151 than the present building. He said that it is not their intention to throw light out onto neighboring properties or onto Rt. 151. Commissioners voted 6-0 to recommend approval of the Permit with the stipulation that the site plan be reviewed and approved by the Director of Planning and Zoning and by the Site Plan Review Committee, with the changes as discussed and including a lighting and signage plan for the site. FINAL SUBDIVISION REVIEW/BEAR CREEK - Mr. Morris Foster, representing Mr. Michael Boles, submitted a final plat to subdivide 4.26 acres off a 116.60-acre tract located on Patrick Henry Highway (Rt. 151). Mr. Foster has also requested an exception to Section 5.5 of the Subdivision Ordinance. The current Ordinance requires that both the 4.26-acre parcel and the 116.60-acre parcel be surveyed. Mr. Boger noted that while the county has, in the past, allowed landowners to use plats showing just the parcel being subdivided without surveying the residual parcel, recent court cases have shown that all procedures and requirements of the Ordinance must be followed exactly. He said that this application would, therefore, require an exemption from the Board of Supervisors. Mr. Foster said that it was not the intent of the Ordinance to require that all parcels had to be surveyed. He said that interpretation would depend on whether the county wanted to play the game tight or loose. Mr. Boger said that due to recent court challenges, he longer had the authority to waive that part of the ordinance. After further discussion and with no public comment, Commissioners voted 3-3 on Ms. Russell's motion to recommend approval of the subdivision and the exception on the survey. Ms. Hunt, Ms. Proulx and Dr. Walker voted no. PRELIMINARY SUBDIVISION REVIEW/JAMES F. BUNCH - Mr. Massie Saunders, representing the applicant, presented a plat showing the division of 14.6 acres into four lots. The property is located at 2808 Glade Road (Rt. 722). With no public comment, Commissioners voted 6-0 to approve the preliminary plat. SITE PLAN REVIEW AMENDMENT/MOVIE GALLERY/ANNIE LAND PLAZA - The applicant has requested an amendment to allow placement of a sign on the side of their building facing Rt. 29. The Ordinance allows 60 square feet of signage on the building plus one sign at the road. The applicant's current sign on the front of the business is 60 square feet. Ms. Proulx said that she would prefer to stick with the regulations in the Ordinance but that if the applicant were willing to reduce the sign on the front, they could then put a sign on the side of the building. With no public comment, Commissioners voted 6-0 to approve an amendment to allow two signs on the building as long as the combined size does not exceed 60 square feet. SITE PLAN REVIEW/REGION TEN NELSON COUNSELING CENTER - Mr. Gregg Donovan, representing the applicant, submitted a site plan to build a new building at 83 Tanbark Plaza in Lovingston. The property is zoned Business (B-1). After review and with no public comment, Commissioners voted 6-0 to approve the site plan with staff authorized to sign the final upon receipt of the remaining review items. ZONING ORDINANCE AMENDMENT - Commissioners asked staff to provide the draft amendment to define a corporate training facility and to include it in the Ordinance with a permit. Commissioners agreed to review the draft at their March 10 meeting. Meeting adjourned. The next meeting will be a Zoning Work Session on Wednesday, March 10 at 7:00pm at the Courthouse. ------------------------------------------------------------------------ OF INTEREST: Wintergreen Nature Foundation's winter lecture series continues with the following lectures focuses on the cultural and natural history of Nelson County. The lectures meet at 7:30pm in the Lake Monocan building. For additional information call 434.325.7473. Cost $10/individual programs. NOTE: Check the dates for the session you wish to attend. The dates have been adjusted because of last week's inclement weather. February 26 - Stewardship of the Future - Speakers: Kim Cash, Rural Nelson; Alyson Sappington, TJSWCD; Dr. Valdrie Walker, Sweet Briar College; and Russell Otis, Executive Director of Wintergreen Property Owners Association. Panel will discuss and answer questions on the future stewardship of Nelson's cultural and natural resources. Rockfish Valley Community Center's "Shoe String education Theater Program" presents "She Stoops to Conquer". Call 361.0100 for more information. - Thursday, February 26 and Friday, February 27 at 8:00pm at Rapunzel's on Front Street in Lovingston; - Sunday, February 29th at 3:00pm at RVCC - 3 miles NW of Nellysford on Rt. 151. Keep Nelson Beautiful will be sponsoring the second annual "March on 56." Route 56 is a state scenic byway which cuts through the middle of the County, and KNB wants to clean up the litter from the James to the Blue Ridge. Last year, over 100 volunteers on three Saturdays picked up 600 bags of garbage -- about half the litter present at the time. This year, the entire road can be done if 200 volunteers show up. Call Susan at 434-263-6714 or Paulette at 540-377-5754 for more information. All volunteers will be eligible for prize drawings, and everyone will go home satisfied to be a part of this clean-up effort. March 13 -- James River to Lovingston. Meet at 9 a.m. at Wingina Fire Station or Shipman garbage site on 639. March 20 -- U.S. 29 to Rt. 151. Meet at 9 a.m. at Saunders Brothers Nursery. March 27 -- Rt. 151 to Montebello. Meet at 9 a.m. at Flippin Seaman or Fleetwood Community Center. ------------------------------------------------------------------------ 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