PLANNING COMMISSION ZONING SESSION Wednesday, March 10, 2004 Present: Mr. Brush, Ms. Proulx, Ms. Hunt, Ms. Russell, Mr. Hoffman, Mr. Bruguiere Absent: Dr. Walker DEFINITION OF CORPORATE TRAINING - Mr. Boger presented Mr. Payne's (County Attorney) draft definition of corporate training, noting that the county is required to amend Section 12-5 "Uses Not Provided For" of the Zoning Ordinance, to include a definition of corporate training, prior to granting Conditional Use Permit #2003-7(a) for Orion Sporting Group, LLC. The draft definition reads: "As it relates to planning and zoning issues in Nelson County, corporate training shall be defined as providing business education in a classroom or seminar type setting utilizing traditional teaching methods including lectures, discussion groups, informational panels, exhibits, demonstrations, computer or related technological multimedia presentations. Corporate Training which requires providing information or skill development through the non-recreational use or involvement of motorized vehicles, water craft, aircraft, firearms, weaponry or training utilizing munitions, fire, explosives, equipment or apparatus commonly associated with the military, law enforcement or the security industry or the handling or disposal of toxic or hazardous materials shall be considered commercial or industrial operations and will therefore be limited to those areas with appropriate zoning." Ms. Proulx said that the language implies that the uses limited to appropriate zoning would be allowed by right in commercial or industrial areas. Mr. Boger said that under the present ordinance, they would not be allowed by right in any zoning areas. Ms. Proulx also said that the county is amending the ordinance to define any applicant's corporate training rather than one particular business. She noted that the definition is supposed to deal with a category of business rather than one particular business and said that the county has had problems in the past with trying to write an ordinance based on a particular business. Mr. Bruguiere said that people attending these types of retreats typically have recreation activities included. Ms. Proulx noted that the draft language does not address recreation at all. Ms. Russell said that she did not see how, under the draft language, you would separate recreational from non-recreational activities and who would determine whether shooting activities were being done on a guest's free time or as part of a training program. Ms. Russell said that she would guess that the word "corporate" was chosen to designate the size of the group, potentially a smaller group of participants. She suggested designating a maximum number for groups. Mr. Boger said that Orion's number was limited by the conditions on their permit. Ms. Proulx said that even if the definition limited the number to the same as that permitted for Orion, it would give some definition to the ordinance. She also said that she is concerned that the definition only covers business education and that she does not want it to be more or less restrictive, just clearer. Ms. Proulx said that the draft definition seems to do nothing more than let the Orion permit go forward and does not address future applications. Mr. Brush suggested changing "business education" to "professional development" and Commissioners agreed. They also agreed to delete the word "traditional" and "classroom or" from Paragraph 1. In Paragraph 2, Commissioners tentatively agreed to change the wording to "This definition does not include the following?" and added the word "motorized" before "water craft". Ms. Russell asked what would happen if the ordinance were changed as per the draft and a group decided to go use the game preserve. Mr. Boger noted that state law regulates game preserves and he would have to ask Mr. Payne for clarification. Commissioners also asked for clarification on recreational uses vs. non-recreational uses. Mr. Boger said that he would have that clarification for the March 24 Planning Commission meeting. CHAPTER 2. GENERAL REGULATIONS - Mr. Boger asked Commissioners to consider including in the ordinance a document detailing zoning and site plan violations and the enforcement steps to be taken in the event of a violation. The violations would include misrepresentation of any material fact; failure to comply with provisions, requirements, conditions or standards contained in any approved site plan, special use permit, building permit, zoning permit, etc. The possible penalties for violations include a stop order; suspension and revocation of plans, permits, certifications, approvals and variances. Commissioners agreed to include the document under "Administration and Enforcement" (Chapter 2 C). Commissioners then reviewed the following sections: E. Certificates of Use and Occupancy F. Zoning Districts G. Interpretation of Zoning District Boundaries H. Interpretation of District Regulations I. District Size - Ms. Proulx asked for clarification of this item noting that it is unclear. The language appears to indicate that where no minimum district size is specified, the district could be the size of one lot. J. Density, Open Space and Lot Coverage K. Condominiums L. Public Sanitary Sewerage Facilities M. Public Water Facilities N. Storm Drainage and Stormwater Management Facilities - Mr. Boger noted that Mr. Cox has just received the county's voluntary Stormwater Management Ordinance for inclusion in the draft. That Ordinance would become mandatory if adopted as a part of a new zoning ordinance. O. Accessory Uses and Structures - Commissioners agreed to move this section to the appropriate district chapter. P. Accessory Apartments - Commissioners agreed to move this section to the appropriate district chapter. Meeting adjourned. Commissioners will review additional sections at their March 24 (7:30pm) Planning Commission meeting if time allows. The next Zoning Work Session will be Wednesday, April 14 at 7:00pm at the Courthouse. ------------------------------------------------------------------------ OF INTEREST: 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