PLANNING COMMISSION Wednesday, April 28, 2004 All Commissioners present. FINAL SUBDIVISION REVIEW/FRED BUNCH - Postponed SITE PLAN/NELSON COUNTY RESCUE SQUAD - NCRS has submitted a site plan to construct a 4,800 sq ft crew hall on a parcel of land adjacent to the AEP facility on the west side of Thomas Nelson Highway (Rt. 29). The plan includes 30 parking spaces plus a helicopter pad. Mr. Boger noted that the helicopter pad would require application for a Special Use Permit but recommended approval of the site plan contingent on approval of the E&S plan; lighting and landscaping plans and approval of the sign. Mr. Massie Saunders, presenting the applicant, said that the application for the Special Use Permit for the helicopter pad would be submitted immediately. With no public comment, Commissioners voted 9-0 to approve the site plan. SITE PLAN/ST. MARY'S CHURCH - Postponed FINAL SUBDIVISION REVIEW/MONTVUE - The property is located off Findlay Mountain Road (Rt. 647). The plat shows 15 lots ranging in size from 2.457 acres to 4.805 acres. Mr. Boger noted that the preliminary subdivision plat had been approved by the Nelson County Circuit Court in December 2003. He also noted that five of the lots had been revised to accommodate a request from the US Army Corp of Engineers to have only one crossing of the stream on the property, rather than several as shown on the preliminary plat. Mr. Boger recommended approval as the plat complies with County subdivision requirements. During Public Comment, Mr. Mike Tapager, a resident on Findlay Mountain Road, said that with the court's ruling the Commission had no duty to address the issues of health, safety and welfare. He said that he hoped those issues would be clearly addressed in any new zoning ordinance. He asked that as a new zoning ordinance is developed, Commissioners keep in mind that Findlay Mountain Road be treated as a Rural Rustic Road with additional development discouraged to keep traffic volumes down. He noted that the intersection of Findlay Mountain Road and Rt. 56 is acknowledged as one of the worst in the county and not scheduled to be fixed until 2010. Mr. Tapager said that the more development along the road, the more increased chance of accidents. Mr. Tapager said that in rewriting the zoning ordinance, it must be written to the lowest common denominator. He said that if the lot size were 40,000 sq ft, you would get 40,000 sq ft lots; if developers were allowed to put driveways on blind curves, you would get driveways on blind curves. He said that in the case of Montvue, there were no winners or losers, that the goal was to make it a good development. Mr. Tapager said that the goal of the new zoning ordinance was not only to ensure safety, but also to facilitate the process for good development. He said that when you have good ordinances, you get good projects because you have bargaining power. He noted that the details are the teeth of a good ordinance. Mr. Tapager suggested two rules to keep in mind when developing a new zoning ordinance- one, require the developer to live in his development for five years to see the problems created in the neighborhood and two, there are always a couple of kids in any class who keep everyone after school. He said that citizens are not against progress, but rather want good projects. He commended the Commissioner for having the courage to defend the existing ordinance. Following the public comment, Commissioners voted 9-0 to approve the final plat. AMENDMENT FOR CORPORATE TRAINING CENTER - Commissioners considered the draft Amendment to Appendix A, Zoning, Article I, adding Sec. 2-23.1, Corporate Training Center as follows: Sec. 2-23.1. Corporate Training Center A commercial facility in which are offered instructional programs addressing organizational leadership and fostering organizational cohesiveness. Such facility may include lodging, dining and recreational amenities for those in attendance. (The maximum number of patrons at any given time shall not exceed fifty.) Amendment to Appendix A, Zoning, Article 4, under Subsection 4-1-a, entitled "Uses-Permitted by conditional use permit only" adding 4-1-23(a) Corporate Training Center. Dr. Walker questioned whether including the phrase "recreational amenities" could be later construed as allowing sport shooting. Ms. Proulx said that since a conditional use permit would be required, the recreational amenities would be spelled out at that time for each application. During Public Comment, Mr. John Heilmann expressed concern that the definition, as written, is confusing and should be workable and understandable. He said that there is no definition of recreational activities and specificity is needed. He said that recreation today is broadly defined and that not all recreation activities would be welcome in Nelson. He said that the amendment is too vague and will create future problems. Mr. Jim Raup expressed concern about whether or not Orion could operate the type of shooting business that it desires under the guise of a Corporate Training Facility. Using the language of the proposed definition, Mr. Raup suggested that if the Commissioners could answer yes to any of the following questions, the Wingina/Norwood community could be in trouble in the near future and other communities in trouble later on: 1. Can "organizational leadership and fostering organizational cohesiveness" be taught through shotgun shooting? 2. Can an "instructional program" be a program to teach shotgun shooting? 3. Can training to shoot a shotgun be considered "corporate training"? 4. Can a Corporate Training Facility's "recreational amenities" be shotgun shooting? 5. Can clients at a Corporate Training Facility spend more time in "recreational amenities" than in "instructional programs", and thus, in Orion's case, more time shotgun shooting than in instructional programs? 6. Can membership in a hunt club be used to "foster organizational cohesiveness"? Mr. Raup suggested that the Commissioners deal with any possible loopholes now rather than later. He also suggested that they consider including a statement in the definition that instructional programs may not include weapons training with pistols, rifles or shotguns. Following the Public Comment, Mr. Bruguiere noted that approval of the definition in no way allowed a shotgun shooting range. He said that shooting would be allowed in the game preserve under Virginia law. He said that the proposed definition was developed by the county attorney and was what the attorney felt he could defend in court. Ms. Proulx said that she might feel that a shooting range would be appropriate in another location and would not want to include language that would rule that out countywide. She also said that the county has an obligation to proceed with a definition of Corporate Training Facility in a timely fashion. Ms. Proulx said that while she appreciated the concerns of the Orion neighbors regarding specificity of the definition, she felt comfortable with a general definition with the conditional use permit laying out the specific plans. She noted that individual applications could be rejected or accepted based on those specifics and said that she did not have a problem with working under the proposed definition. Mr. Boger pointed out that the one plus to recent court cases is that they clearly show that the county cannot continue to do things the same way and that applicants would have to have details at the beginning of the process. Mr. Harman asked for clarification that if the definition were approved as written, there would be another chance to approve specific recreational amenities and what is allowed and what is not. Mr. Boger said that the applicant would have to list the uses proposed under the permit. He said that the county could then approve, reject or attach conditions to abate any effects on neighbors. Dr. Walker asked why the number 50 was used and suggested 35 to mitigate the impact on neighbors. Ms. Russell pointed out that the conditional use permit could limit the number of participants based on the size and number of facilities. Mr. Brush said that he was concerned that the county attorney had a reason for drafting the definition in a particular way. Commissioners voted 7-2 (Dr. Walker and Mr. Hoffman voting no) to recommend approval of the proposed amendment. SITE PLAN FOR CONVENIENCE CENTER/RURITAN PARK - Commissioners voted 9-0 to authorize Mr. Boger to give final approval on the county's site plan upon completion. RECOGNITION OF SERVICE/MR. BRUSH - The Rural Nelson Board of Directors presented Mr. Brush with a certificate recognizing his 22 years of service to the Planning Commission. (Note: this was Mr. Brush's last Planning Commission meeting.) Mr. Brush said that during his 22 years, he had served at the pleasure of an outstanding Board of Supervisors and had enjoyed working the all of the other Planning Commissioners. He said that he had gotten to know so many of the people of Nelson and had been uplifted by the spirit of those people. He said that in Nelson, common sense rules. Mr. Brush said that given the way we all fight to keep the county the way we want it, the Board of Supervisors and Planning Commission had not done too bad a job over the years. Meeting adjourned. The Planning Commission will hold a zoning work session on Wednesday, May 12 at 7:00pm at the courthouse. ------------------------------------------------------------------------ OF INTEREST: - Keep Nelson Beautiful - One Bag At A Time Extend your spring cleaning to the roadside and pick up one bag of litter. You can choose the place and time for your pick-up. KNB representatives will be at the following locations to provide a pep talk, one bag and some safety precautions. May 1, 2004 - Nellysford Farmers Market 8-12 Afton Service Center (dumpster site) 11-1 Nellysford Shopping Center 1-3 May 2, 2004 - Rockfish Ruritan Park 10-2 For further information call (540)377-5754 - Nelson Downriver Race - Saturday, May 1. Intended for anyone interested in canoe or kayak racing - from novices to national champions. For more information on registration times, events and locations, go to http://www.nelsoncountyva.org/NelDRace/NelDRace.htm - Crabtree Falls Grand Opening for the new parking area and facilities - Tuesday, May 4 at 10:00am at the parking area. ------------------------------------------------------------------------ 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