UPCOMING:

  - Wednesday, December 29 PLANNING COMMISSION MEETING 7:30pm Courthouse
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PLANNING COMMISSION PUBLIC HEARING
ON PROPOSED ZONING ORDINANCE
Wednesday, December 22, 2004

Present: Ms. Proulx, Dr. Walker, Ms. Russell, Ms. Hunt, Mr. Harman
Absent: Mr. Bruguiere

Ms. Proulx opened the meeting noting that a lot of work had been done on
the draft ordinance, especially on those items identified at the last
public hearing.  She said that there had been changes made to allow for
options for smaller lot sizes and clarification of lot sizes for family
subdivisions.  She then opened Public Comment:

MR. ROBERT BARTON - Shipman - said that democracy is only possible in a
small community where members of the community can know each other's
needs.  He said that a small community can come together to decide what
is best for them.  Mr. Barton noted that people come here for the beauty
but that they stay for the community.  He said that there is lots of
money to be made in Nelson and that some will want to come here briefly
to make that money.  He said that the problem of development must be
addressed in a way that is best for all.  Mr. Barton said that as a
teacher, the children of Nelson love the county.  He said that they will
stay here only if they want to and only if we protect those things that
they love.
MR. BILL FLIPPIN - Tyro - said that a lot of progress had been made on
the ordinance since the last public hearing but that 5-acre lots is
still too large for Rural & Farming.  He said that the restrictions put
on larger parcels are too much.  He said that it would be more logical
to build on the old ordinance as the new ordinance is not understandable.
MS. DOROTHY SEAMAN - Roseland - said that she is against the proposed
ordinance and is frightened of it passing as it is.  She said that we
need to plan for future development, but that Nelson needs to be a place
where young people can get a home.
MS. SUSAN WIEDMAN - Faber - said that Nelson is rich in wilderness and
farmland.  She said that she had placed her 100 acres in a permanent
conservation easement.  Ms. Wiedman said that if we acquiesce to
everyone who wants to develop Nelson, the Comp Plan effort will be wasted.
MR. JOHN SAUNDERS - Tyro - said that he is opposed to the ordinance as
written and that it would have been better to go back to the old
ordinance.  He said that the proposed ordinance is too complicated, too
restrictive and a burden on businesses wanting to develop along the main
corridors.  He said that a 5-acre lot size is too large and should be 2
acres.
MS. BARBARA BARTON - Shipman - said that she supports the proposed
ordinance.  She said that Madison Heights to the south and
Charlottesville to the north are both exerting growth pressures on
Nelson.  Ms. Barton noted studies done in November, 2002 as showing that
residential growth costs $1.30 - $1.40 in services for every tax dollar
paid but that, according to studies by American Farmland Trust, open
space uses only .36 in services for every tax dollar paid.  She said
that the present zoning ordinance allows outsiders to come in, develop
projects and then leave taxpayers to pay the costs for those developments.
MS. JOYCE BURTON - Greenfield - said that while there might be things
she would change in the proposed ordinance were it to serve only her
needs, she asked that the county adopt the ordinance.  Ms. Burton cited
the 1999 citizen survey identifying the priority of maintaining the
rural character of the county.  She said that she liked the inclusion of
incentives for developers to develop smaller lots through the cluster
model.   She said that she lives in a community developed in the cluster
model and likes that lifestyle.  Ms. Burton said that Nelson's acres are
not unlimited and not a renewable resource.  She said that she is here
for the long haul and not to take a profit and run.
MS. VANESSA HALE - Shipman - said that she supports the proposed
ordinance as a way to help protect Nelson County.
MS. ELIZABETH VANDEVANDER - Lovingston - said that the core value of the
ordinance is that it is a tool to direct development.  She said that the
real questions are who will be in charge of growth and who will pay for
it - should the developer be able to build anywhere?  Ms. Vandevander
said that she is a native of Loudoun County, where her family farmed for
generations.  She said that Loudoun once stood where Nelson stands today
and they made the wrong choice.  She said that there are lessons to be
learned from Loudoun, noting that there was also fear there over more
regulations.  Ms. Vandevander said that developers are creating their
own market and that this ordinance will put the control in the hands of
the county government and residents.
MS. JANET HUNTER - Schuyler - said that she is very aware of development
pressures in Nelson and that they are here now.  She said that we need
to get the zoning ordinance enacted.
MR. LARRY STOPPER - Greenfield - said that he is a newcomer of 30 years
and has seen the changes in the Rockfish Valley.  He said that change is
good and we can count on change coming.  He said that the question
becomes how to control growth that is changing the Rockfish Valley into
a bedroom community for Albemarle County.  He said that he looks at
Crozet and knows what is coming if we do not adopt the tools to direct
future growth.
MS. DEBORAH HARKRADER - Greenfield - said that she supports passage of
the new ordinance as it is essential to protecting what we value in the
county.  She said that pressure is coming all the time, some bit by bit
and some with large development that will change whole areas quickly.
She said that development will change what we cherish and cost all
taxpayers in tax dollars.  She noted that the Rural & Farming lot size
was cut down from 20 to 5 acres and said that she would have preferred
20 acres.  She said that she hopes the county will, in the future, look
closely at land preservation tools.
MS. BARBARA STRAUSS - Greenfield - said that she supports the proposed
ordinance and that it is important to adopt it as soon as possible.  She
said that developers are looking for land in the county and will leave
the tax burden for the rest of us.  She said that tourism is an industry
in the county with tourists coming here for the beauty, which must be
protected.  She said that she would have preferred the 20-acre lot size,
but appreciated that a compromised had to be made.
MS. TONI RANIERI - said that the ordinance is not hard to understand as
she has been following its development over the years.  She said that
the communities that have been willing to do the hard work of planning
have been successful and said that she is in favor of passing the
ordinance as is and making changes as needed in the future.
MR. STUART HARVEY - Wintergreen - urged the county to pass the
ordinance, noting that the old ordinance was written 30 years ago when
developers where not that interested in Nelson County.  He said that the
new ordinance will give the Planning Commission and Board of Supervisors
guidance in making landuse decisions.  He said that the old ordinance is
arbitrary and almost invites litigation.  Noting that the objective is
to increase the value of Nelson County to its residents, he said that
the time to pass the ordinance is now.
MR. GROVER WADE - Laurel Road - encouraged the county to pass the
ordinance.  He said that he is from an old Piney River family and now
lives across from a proposed 86 2-acre lot subdivision.  He said that
other parts of the county are also threatened.  Mr. Wade said that if
not passed, anyone in the room could wake up one day to find a large
subdivision next to them.
MS. BECKY WADE - Laurel Road - said that her family has been here since
the 1700's and that Nelson is a beautiful county.  She said that the
proposed plan is intelligent and fair and urged passage.
MS. NANCY BOONE - Shipman - said that she is here because of the beauty.
 She said that she knows changes are coming and encouraged the county to
establish some controls.
MS. DENIA GANTT - Wingina - said that she is opposed to the Historic
Preservation Overlay District, noting that the Board of Supervisors will
decide where the districts will be located.  She said that property
owners in the district must ask a review board before any changes were
made to the property.  She contrasted the requirements with a National
Registry of Historic Places listing which does not dictate to the owner.
 She said that this is another example of micromanagement and that the
ordinance should be done simply.
MR. ROBERT MCSWAIN - Elma - said that while he would have preferred the
lower density and liked the 20 acres with clustering, the current draft
is a compromise and would be beneficial to a majority of the citizens.
DR. ANDREW GANTT - Wingina - said that the details in the ordinance are
onerous.  He said that the attitude of the ordinance is offensive and
not patriotic.  He said that the ordinance is against national policy as
it steals from Nelson landowners without compensation.  He said that the
ordinance discriminates against poor people and would move people into
clusters.  He said that it is a false assumption that there will be
rapid population growth and that this is government forcing us to live
the way they want.
MR. STACY BURSON - said that he supports the ordinance as the old
ordinance is antiquated and will allow Nelson to become a bedroom
community.  He expressed concern, however, with how the new ordinance
would affect him.  He said that he has 133 5-acre lots recorded in 1986
that would become non-conforming lots.  He said that there are problems
with financing and insurance for non-conforming lots.
MR. GLENN SIMPSON - said that he is for parts of the ordinance but
against a lot of it.  He said that the new ordinance would make it a lot
of extra work to divide land and give too much power to too few people.
 He said that he does not live here now, would like to come back in a
few years but noted that land is getting too expensive.  He said that
the developers are coming and a zoning ordinance will not help that.
MS. SUSAN MCSWAIN - Elma - said that residents have a paradise here but
that the current ordinance was not written to control development.  She
said that she does not want to wait until it is too late for Nelson.
She said that the new ordinance will not please everyone but will give
us a way to protect the county.
MR. PATRICK OLWELL - Greenfield - said that he is in favor of the new
ordinance, noting that he does not think the old ordinance will protect us.
MR. ARTHUR WILSON - Arrington - said that compromise is starting to take
place and that he recognizes that a zoning ordinance is needed to keep
the county from being destroyed.  He said that there are now a lot of
new people in the county who recognize the beauty but that Nelson was
built by poor people.
MR. JOSEPH MONACLE - said that there is a lot he agrees with but he
expressed concern with permanent foundations being required for
manufactured homes in Rural Residential.  He also noted concern over the
open space requirements for Rural Residential and said that the Historic
Overlay District is dictatorial.
MR. WARREN FITZGERALD - said that the ordinance is dedicated to taking
away the value of hillside land.  He said that he does not like the idea
that someone can tell him that his property is not as valuable as
someone who just moved here.  He said that he has been on his land for
65 years.
MS. DEE DAVIS WELLS - said that she had reviewed the proposed ordinance
and agreed that some of it is needed.  She said that some of the
language is too restrictive and infringes on the individual's right to
use their property.  She said that the ordinance is overkill and will
increase county staff and boards.  She said that there is no question
that we need regulations in place for subdivisions, but said that that
could be accomplished by enhancing the old ordinance.
MS. PEGGY LAWHORNE - Tyro - said that the lot sizes themselves do not
sound sinister but that the Purpose and Intent section says that
residential land uses not supporting or accessory to agricultural uses
are not encouraged.  She said that the working poor will not be able to
live in Nelson County.  She said that she understands the need for
regulations for subdivisions, but that regulations are not needed for
the rest of us.
MR. AL WEED - Lovingston - said that change is coming.  He said that in
1973 he purchased his land for $700/acre but could now probably sell
that land for $10,000/acre because of the quality of life here.  He said
that that $10,000 would come to him but his neighbors would have to pay
the price for the 20 plus new houses.  Mr. Weed noted that the ordinance
includes an effort to limit density in rural areas but he said that he
is not sure that lot size is the way to limit that density.  He
suggested considering a limit on dwelling rights instead, which would
allow for smaller lots.  He said that the issue of affordable housing is
an interesting one and said that statistically as growth occurs, all
housing gets more expensive.
MR. DON BURLAND - Wintergreen - said that he supports the ordinance and
urges the county to move forward as soon as possible.  He said that the
Comp Plan and a zoning ordinance to enforce that will be an excellent
foundation.
MR. TOM PROULX - Afton - said that 25 years ago, there were three rural
counties in our area - Greene, Fluvanna and Nelson - but that two of
those have now been developed by outsiders.  He said that as counties
grow, taxes go up and poor people are forced to move but that we have a
chance now to make a difference in Nelson.
MR. LEONARD BURNLEY - Shipman - said that he is a native of Nelson and
opposes the proposed ordinance as it is very restrictive and would be
difficult on the poor of the county.  He said the ordinance will divide
the county between those who have and those who have not.  He asked that
the county amend the old ordinance.
MR. CLEMENT LAWHORNE - Tyro - said that the new ordinance includes
unreasonable restrictions and said that the county should keep the old
ordinance.
MS. WISTERIA JOHNSON - Shipman - said that she is a 6th generation
Nelsonian and that, with her family, has worked hard to hold on to their
land.  She urged the county to pass the ordinance as soon as possible,
noting that it is not perfect but is a major effort.
MR. GARY GRAVES - Afton - said that he agrees that a lot of things need
to be changed, but said that citizens need information to make a decision.
DR. CONNY ROUSSOS - Colleen - said that one of the questions asked is
why the current ordinance is not good enough.  He noted that that ordinance
was created over 27 years ago when Nelson had a level population, Rt. 29 was
a two-lane highway, there was little growth in Charlottesville and
Wintergreen was in its infancy.  He said that much has changed since
then.  He noted the second question asked is why we could not just patch
the old ordinance.  He said that a zoning ordinance is not a
"no-brainer" and that regulations require a lot of thought.  Dr. Roussos
said that there is too much at stake to ignore the problems, such as
traffic and subdivisions that are too dense for the area.  He said that
the citizen survey done in 1999 was followed by open workshops and
adoption of a Comp Plan.  He said that now it is time to enact an
ordinance to enforce that vision.
MR. TOM EICK - Roseland - said that the process has given the citizens
the power, first in the citizen survey and now in the compromise
ordinance developed after the first public hearing.  He said that he is
in favor of adopting the ordinance as soon as possible.
MR. GORDON KOERNER - Shipman - said that the proposed ordinance would
make the Planning Director too powerful and will never meet the needs of
Nelson County.
MR. ROB RUTHERFORD - Elma - said that many landowners have been working
hard on their properties and that the county does offer a few services.
 He said that the ordinance is too restrictive and he said that he
opposes the 5-acre lots.  He said that many citizens cannot afford much
of a home.  He also said that he is against the overlay districts.
MS. JANE BIBB - Arrington - said zoning is needed to control
multi-development units as we do not want Nelson to look like Rt. 60
going into Richmond but that property rights are another issue.  She
said that the proposed industrial districts have too many limitations
and that we need growth.  She said that she does not agree with the
minimum lot sizes, overlay districts or Historic Overlay District.  She
said that guidelines for hunt clubs need to be reviewed and addressed.
MS. PEGGY LAWHORNE - Tyro - said that we should be able to do what we
want with our land.
MR. FRANKLIN WEBB - said that the proposed ordinance will discriminate
against poor people.
MS. JANET MORRIS - Arrington - said that we should be able to do what we
want with our land.
MR. JOHN FLIPPIN - Massies Mill - said that most of those who spoke for
the ordinance moved here in the past 10 years and we resent that.  He
said that he could support a 1-acre minimum but not a 5-acre minimum.
MS. BETH CUNNINGHAM - Shipman - said that the proposed ordinance is too
restrictive, too complicated and is unfair.
MR. CARLTON BALLOWE - Faber - said that he was glad that the 20-acre
minimum and Net Developable calculations had been eliminated in the new
draft, but that there are still hundreds of problems with the ordinance.
 He said that the county should set it aside and amend the old
ordinance, which enjoys broad support.  He said that he had suggested a
committee of citizens to work on the ordinance but that the same 5 or 6
people are still controlling the process.  He said that the proposed
ordinance is the wrong ordinance in the wrong place at the wrong time.
He said that we are not seeing a population increase and that the threat
is not coming from growth but from those who want to put restrictions on us.
MR. RON ENDERS - Afton - said that generally, people speaking against
the ordinance have spoken against any change but that change is coming.
 He said that the old timers believe that it will always be beautiful
here while the newcomers have seen things change elsewhere.  He said
that the old ordinance has not worked in the Rockfish Valley.  Mr.
Enders said that as a landowner, he does not want people telling him
what he can do with his land, but that he is also part of a community
that wants to protect what we cherish.
MR. PEYTON COYNER - Greenfield - said that he came to Nelson for all of
the things we have all said we like here.  He said that zoning is
instituted with foresight with the county holding many meetings over the
years trying to accommodate what people have said they want.  He said
that a flood of people is coming and he encourages the county to plan
for it.
MS. VICKIE ROBERTSON - Montebello - said that she hears that
subdivisions are coming.  She said that the county should deal with
those and not put restrictions on the rest of the county.  She said that
she does not think it matters whether you have been here 10 months or 10
years and that we are all here now.  She said that the proposed
ordinance is too restrictive and does not need to dictate so much.
MR. MITCH ROBERTSON - Montebello - said that he fought in Vietnam for
his rights and freedom and he opposes the ordinance as written.
MR. CHUCK STRAUSS - expressed concerned with the minimum lot size, new
bureaucracy and why we needed an outside consultant to write the
ordinance.  He said that the county should review each section of the
old ordinance instead.
MS. SANDRA HIGHT - Massies Mill - said that the proposed ordinance does
not protect personal property rights.
MR. DAVID HIGHTS - Massies Mill - said that the proposed ordinance
transfers freedoms to the government.
MR. SCOTT HIGHT - Massies Mill - said that the younger people are being
forced out of ownership due to large lot sizes and high prices.
MR. JAMES ANGUS - Tye River - said that he just came back to Nelson
after 50 years and was able to buy a small 2-acre lot and that there are
others like him who want to come back.  He said that he opposes the
ordinance.
MR. EMMETT FOX - said that the ordinance is too restrictive and against
people who cannot afford 20 acres.
MS. PHYLLIS AMMONS - Laurel Road - said that she strongly supports the
ordinance.
MR. LARRY BETHEA - said that the basis of our law is property rights and
that respect for those rights must be considered.  He said that the
proposed ordinance would be a burden on the poor, the middle class and
the rich as the lawsuits over the ordinance will be tremendous.
MR. GEORGE CHEAPE - Arrington - said that he is cynical of government
and concerned about minimum lot sizes, set backs and landscaping
requirements.  He admitted that the process has been going on since 1999
but that he has not been involved until now.  He said that if he owns
land, he should be able to do what he wishes with that land and that the
ordinance is anti-business.  He said that we need business here.  He
said that the county should go back to the old ordinance and review it,
do a subdivision ordinance to make the developer pay and then do a
referendum to ask the citizens what they want.
MR. BRUCE RUTHERFORD - Shipman - said that the ordinance is taking away
liberty and freedom.  He said that we will change Supervisors if they do
not do what we want and said the county should revise the old ordinance.
MR. GARY POWELL - Shipman - said that the ordinance is too restrictive
with too many limitations on manufacturing.
MS. GAIL TROY - Shipman - said that the process is working and that
revisions have taken care of many of the problems with the ordinance,
although she was happy with the original version.  Speaking of the need
for a new ordinance, Ms. Troy said that if she had a 30 year-old washing
machine, she might be able to tinker with it to make it work, but that
she would rather have a new one.
MR. JIM TROY - Shipman - said that we will be seeing accelerated growth
and that he applauds the foresight to deal with that.  He said that he
is in favor of the ordinance to provide protection for our community.
MS. C'TA DELAURIER - said that she supports the ordinance although it is
imperfect.  She said that without a new zoning ordinance, many of the
things she enjoys would cease.  She said that she is a real citizen of
Nelson and asked for passage of the ordinance.
MS. SANDRA BEARD - Arrington - said that you should be able to do what
you want with your property.
MR. JOHN PURVIS - Shipman - said that the county should work on the old
ordinance and that he opposes the new ordinance as it is now.
MR. JOHN PARR - Roseland - said that the compromises are going in the
right direction but more changes are needed as the draft is still too
radical.  He said that he is in favor of a zoning ordinance and wants to
see the county as it is with no radical change in growth.  He said that
the ordinance needs more input from citizens.
MR. VANCE WILKINS - said that he can understand both sides of the issue
and that he is thankful to live in Central Virginia.  He said that he
does not feel the entire burden should fall on the landowner and farmers
as there are other ways to protect open space.  He said that we must
find common ground.
MR. DOUG LONG - Lovingston - said that a perfect ordinance would allow
him to do anything he wants while keeping his evil neighbor from doing
the same.  He said that the theme of outside developers is disingenuous
at best.  He said that the new ordinance is not in the best interest of
Nelson citizens and should be further modified.
MR. CHARLES TANNER - said that he does not support or oppose the
ordinance but that Nelson is close to heaven and he wants to see it
protected.  He said that the county should be protected from big
developers who will take advantage while protecting the rights of
existing landowners.
MR. WALTER BENTWORTH - Horseshoe Mountain - said that the proposed
ordinance is not the will of the people and should not tell people what
they can do with their land.
MS. CAROL WISE - Shipman - said that she has watched the work to revise
the ordinance and supports it although imperfect.  She said that she is
seeing growth coming from both the north and the south.
MS. TERESA FRAZIER - Shipman - thanked the Commissioners for their wok
on the compromise but said that she is still opposed.
MR. JIMMY SLAUGHTER - said that he is concerned about hunt clubs and the
uncertain meaning of "open to the public" in the ordinance.  He said
that the new ordinance is not clear on the meaning of "commercial".  He
said that the definitions are open-ended and would cause problems for
every club.  He said that while we need an ordinance, people who have
come here now do not want others to come here.  He suggested holding a
referendum.
MR. STEVE KENDALL - said that for planning and zoning, the issue is the
document itself.  He said that we did not need an outside consultant and
suggested that the old ordinance be revised.  He said that outsiders
want to keep things the same and said that the ordinance is out of touch.
MR. DAVE MILLER - Lovingston - said that the proposed ordinance will not
necessarily solve the problems and said that the county should revise
and update the old ordinance.
MR. JOE LEE MCCLELLAN - Lovingston - said that he is opposed to any
ordinance, including the old ordinance.  He said that the old ordinance
should be reviewed and agreed that developers should pay the costs of
development.
MR. BO DELK - Lovingston - said that people had had the opportunity to
come to the zoning work sessions.  He said that his concern was that
there is not a specific zoning map to accompany the ordinance to allow
landowners to find out how their individual properties will be zoned.
MR. DON ROBERTSON - said that the ordinance is micromanagement and that
we need an ordinance that applies to what we need here in Nelson.
MR. CURTIS PAINTER - Roseland - said that he does not want to see change
but the proposed ordinance is too restrictive.
MR. ANDY WRIGHT - speaking on behalf of 14 landowners in the Dutch Creek
Ag/Forestal District, urged adoption of the ordinance.  He said that
while the group might not agree with every detail of the ordinance, they
see the need for it to enact the adopted Comp Plan.  He said that the
major concern should be protecting the county and noted that in the
Dutch Creek area there is over 1,000 acres for sale and available for
subdivisions.  He said that opportunistic exploitation of the county
must be avoided and asked that the county implement the ordinance.
MR. PHILLIP PURVIS - said that we have the wrong Comp Plan.  He said
that the natives have the most to lose and said that the old ordinance
should be updated.

Following the Public Comment, Ms. Proulx said that the Commission would
continue to work to clarify parts of the ordinance and to provide
additional more information on areas of misinformation.  She noted that
there would be additional opportunities for public input with another
public hearing to be scheduled in January.  Meeting adjourned.
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Field Officer
Rural Nelson, Inc.
P. O. Box 401
(622 Front Street)
Lovingston, VA  22949
434.263.5000
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