UPCOMING: - Wednesday, January 5 PLANNING COMMISSION ZONING WORK SESSION 7:00pm Courthouse - Thursday, January 6 ECONOMIC DEVELOPMENT AUTHORITY 4:00pm Courthouse NOTE: There will not be a Rural Nelson meeting in January. ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, December 29, 2004 All Commissioners present. SITE PLAN/ORION CORPORATE TRAINING FACILITY - Mr. Boger reported that the submitted site plan meets both the requirements of the Zoning Ordinance and is in compliance with the uses approved by the Board of Supervisors in February, 2004. Ms. Russell asked whether a plan would be submitted for the planned lighted sign for the business and Mr. Boger said that a plan would be submitted. During Public Comment, Ms. Jane Raup of Wingina expressed concern that Orion's website states that they provide a shooting grounds inclusive of a variety of shooting disciplines. She said that another page of the website advertises things not yet approved on a site plan. Ms. Raup said that the website advertises protection and security for their clients and she asked who these clients are that they need protection. She asked whether this indicated a danger to the neighborhood. Ms. Raup said that the website advertises shotgun sports which had not been approved by the Board of Supervisors, noting that Orion is advertising worldwide what the Supervisors have denied them. Ms. Lucille Robertson, Wingina, expressed concern for the safety of the children in the neighborhood. She said that until Orion moved in, the neighborhood did not have repeated shooting outside hunting seasons. She said that the neighbors cannot enjoy their properties with the constant shooting. Ms. Denia Gantt, Wingina, said that the shots from Orion are very loud and intrusive. She said that she hopes the final site plan will be specific so that it is clear what Orion is and is not allowed to do. Dr. Andrew Gantt, Wingina, said that the site plan is black and white with nothing left to chance but that Orion's website is not what is presented on the site plan. He said that there will soon be a shotgun sports center if the county is not careful. Mr. Jim Raup, Wingina, said that it would be nice to forget about the controversy that has surrounded Orion and just think in terms of blueprint plans and buildings but that the Commissioners have been burdened with looking at the whole picture when reviewing the submitted site plan. He noted that at the recent public hearing on the proposed zoning ordinance, even the most outspoken property rights advocates stated that you should be able to do what you want with your own land as long as you do not bother your neighbors. Mr. Raup said that it looks like the Wingina neighbors are about to be bothered. Noting several concerns with things on Orion's website, Mr. Raup said that if Orion plans any activities that were not approved, the site plan should not be approved. Mr. John Heilmann, Norwood Road, said that it is clear from his property when there is maximum activity on the Orion property. He asked whether there is a clear definition of a corporate training facility as that term is being used by Orion. He said that the commercial activities as described do not fall within the current zoning regulations of the county and asked whether we are dealing with a preconceived, done deal so the applicant can proceed. Mr. Steve Raynor, representing Orion, said that the site plan specifically lists what Orion plans to do and that advertising on their website has no legal effect on the Planning Commission's decision, noting that the website is still under development. He noted that Orion is trying through legal means to obtain the right to do some of those activities not approved by the county. Mr. Raynor stated that one of the Board of Supervisors' conditions was that Orion submit a final site plan for Commission review. Mr. Jim Ebert, Wingina, said that websites can easily be changed and that inclusion of activities not approved shows Orion's intent. Dr. Andrew Gantt, Wingina, said that Mr. Raynor had stated that Orion does intend to operate a shotgun shooting operation, which has not been approved. He asked why the Commission would approve a site plan that leads to exactly what they want to do without approval. Following Public Comment, Ms. Proulx explained that one of the conditions of the Supervisors' approval was that Orion was to return to the Commission with a final site plan. She noted that the Commission's job is to review the site plan to verify that it meets the requirements established by the Supervisors. Ms. Russell said that her understanding is that the shotgun facility is in the legal process with the present shooting on the Orion property governed by the hunting laws of the state. Dr. Walker said that several uses listed on the site plan are unclear, noting examples as "client entertainment and performance incentive travel". She asked about geographic locations for the alpine tower, ziplines and climbing wall which are not shown on the site plan. Mr. Boger said that the uses are the original list approved by both the Planning Commission and Board of Supervisors. Dr. Walker agreed but said that the county still has no information on these things. Mr. Boger said that the list was approved by the Supervisors and that approval of the site plan is based on whether it meets the county's requirements. Dr. Walker said that the county should have the right to question the uses, noting that the approval will set a precedent for any business to do the same things. She said that she would like the applicant to explain some of the uses in more detail. Mr. Bruguiere said that both Boards had approved the list and that the site plan would only show where activities will take place. Dr. Walker said that part of the issue is what the community will face. Mr. Raynor, speaking for Orion, said that the time for explanations on the uses was in the last two meetings on the proposal. He said that both Boards had ample opportunity to ask questions and both Boards had approved the list. He noted that the final question is whether the site plan meets the requirements of the special use permit and the requirements set forth by the Board of Supervisors. Ms. Proulx agreed that the uses had been approved at two different stages of the process. Mr. Jimmy Slaughter, representing Orion, said that although he had no written information with him on specific uses, he would try to answer the specific questions. Dr. Walker asked about "client entertainment" and whether that would be social or sporting entertainment. Mr. Slaughter said that client entertainment would be both indoor and outdoor activities and could be anything from a leather display to an off-road exhibition. Dr. Walker asked for clarification on "Performance Incentive Travel". Mr. Slaughter said that some client packages include networking with other places to allow clients to golf or dine at those facilities. He noted Wintergreen Resort and Keswick as examples. Dr. Walker, noting the impact on the community as already a problem with increased traffic and noise, asked whether the alpine tower, climbing wall and ziplines could be permanently located on the site in an area that would reduce the impact on neighbors. Mr. Slaughter said that they are movable and mounted on trailers. He noted that the tower can be anywhere from 20' to 60' tall and was 40-60' tall when used at Oak Ridge. He said that the climbing wall is approximately 8' tall. Dr. Walker asked whether those items could be located in a permanent location. Mr. Slaughter said that there is not really an option to work something out but that the only question is whether the site plan meets the requirements set forth. Dr. Walker said that there does not seem to be a desire to work with the neighbors to lessen the impact. Ms. Russell said that the site plan seems to meet the requirements as set forth by the Board of Supervisors and the county ordinances. She said that a new ordinance might later allow the Commission to do more with future proposals, but that this is what we have to work with at this time. Dr. Walker said that this has been a problem for the neighbors from the beginning. She said that the plan is vague and that she cannot, in good conscience, approve it. Mr. Bruguiere said that Orion has done everything requested by the county and requirement by the ordinance. He noted that the shotgun activities are still in litigation and have not been approved. Ms. Proulx agreed, noting that the Commission is dealing with the conditional use permit approved by the Board and that the site plan meets those requirements. Commissioners voted 5-1 (Dr. Walker voting no) to approve the site plan subject to receipt of a final E&S plan and Commission approval of a signage plan. CONDITIONAL USE PERMIT/WARNER - Mr. David Warner, Jr. has requested a permit to place a second manufactured home, the third dwelling, on 43.7 acres at 625 Browning's Cove Road in Shipman. Under the current zoning ordinance, placing a second manufactured home on the same lot is considered a mobile home park and requires a permit from the county. Staff identified no problems with the submitted site plan but said that a letter has been received from an adjoining landowner opposing the addition of the additional manufactured home, noting the condition of the road and concerns that the additional unit would decrease the value of her land. The applicant stated that he has received approval from the Health Department for the septic system for the additional unit and that he does not want to subdivide the land. He said he wants to leave the entire parcel to family. Mr. Warner said that the first 300' of the road is shared with another landowner but that he maintains the entire road. During Public Comment, Mr. Charles Grant, adjoining landowner, said that he has one dwelling plus one mobile home on his property and does not want to see the area turned into a trailer park. He said that he can clearly see the property from his house. He said that one manufactured home was okay, but now Mr. Warner wants a second. Mr. Grant asked what would happen if the children decided they did not want to live there. Mr. John Mayo said that when he purchased his property, it was exactly what he was looking for. He said that the existing community no longer exists, noting noise and problems as Mr. Warner has chosen to place his home and the manufactured homes close to neighbors when he has 43 acres. He noted issues with the road and said that Mr. Warner has turned a lovely gravel road into a road he can move trailers over. Ms. Elsie Page said that she is opposed to any more homes than already there. Mr. Gordon Koerner, Brownings Cove Road, expressed concern with increasing the number of people living on a little dirt road and said that his taxes would have to go up to pave the road eventually. Following Public Comment, Mr. Bruguiere said that he does not necessarily agree with how it is being done, but that it is the applicant's choice. He said that by not subdividing the property, Mr. Warner has more control over who lives there. Commissioners voted 6-0 to recommend approval with the number of mobile homes limited to two. SPECIAL USE PERMIT/VALENCIA - Mr. Al Valencia has requested a permit to operate a trucking business from the Arrington Storage building presently owned by Vance Wilkins, Jr. Mr. Valencia plans to sell and make repairs to trucks. The property is located at 2731 Arrington Road and is zoned Limited Industrial (M-1). Mr. Boger said that the property zoning had been in question and was determined to be M-1 with the proposed use not permitted in an M-1 District. He said that uses within M-1 would be operated within a building and that there is not a category of uses that the proposed operation would fit into. Mr. Valencia said that the operation would be inside the building with one truck sitting outside being typical. He said that he would be the only one working there and that he is on the road much of the time so it would be a weekend/part-time daylight operation. He said that he would be repairing trucks for resale at auction. Ms. Proulx said that she has no problem with the proposed use but that the Commission must work within the existing ordinance. She said that she suspected that if people realized how limited the existing Limited Industrial District is, they might not be so opposed to the proposed ordinance which allows more business uses. During Public Comment, Mr. Bo Delk said that the property is zoned Heavy Industrial (M-2) as he understood the current map. He said that what Mr. Valencia proposes would be an asset and put the building to use. Following Public Comment, Mr. Bruguiere agreed that it would be logical for the property to be zoned M-2 if the Shipman building is M-2. Mr. Boger said that the former owner had agreed that the property was zoned M-1 and that any interpretation of the zoning map would have to be done by the Board of Zoning Appeals. Ms. Proulx suggested that the proposed use could fit under 18-1-2 allowing wholesaling and warehousing as a by-right use. After verifying that the applicant's operation would not be open to the public, Commissioners agreed that the repair portion of the business would be an accessory use to the wholesale portion of the business. Commissioners voted 6-0 that a Special Use Permit is not needed for a wholesaling operation. PRELIMINARY SUBDIVISION PLAT/MUSGRAVE - Mr. Paul Musgrave has submitted a preliminary plat to divide 41.698 acres into 3 lots - 9.6 acres, 10.3 acres and 21.8 acres in size. The property is located on Crabtree Falls Highway in Montebello and is zoned Agricultural (A-1). With no public comment, Commissioners voted 6-0 to approve the preliminary plat. PRELIMINARY SUBDIVISION PLAT/ORME - Mr. Wayne Orme has submitted a plat for a family subdivision of his lot #59 in the Highland on the James Subdivision on Cabell Road. The division will divide 5.096 acres into two lots of 3.095 and 2.001 acres. With no public comment, Commissioners voted 6-0 to approve the preliminary plat. PRELIMINARY SUBDIVISION PLAT/BUTERBAUGH - Mr. Paul Buterbaugh has submitted a preliminary plat to divide 12.267 acres into 2 parcels - 7.262 and 5.005 acres. The property is located on Lobbans Lane (Rt. 840). With no public comment, Commissioners voted 6-0 to approve the preliminary plat. FINAL SUBDIVISION PLAT/MOUNTAIN RIDGE - Postponed by applicant. FINAL SUBDIVISION PLAT/EDGEWOOD PARK - Withdrawn by applicant. RESOLUTION/COMMUNITY CENTERS - Mr. Boger presented a resolution adopted by the Board of Supervisors at their December 14th meeting requesting that the Planning Commission prepare amendments to the Zoning Ordinance to allow limited retail and leasing of building space for offices for Community Centers. Ms. Proulx said that the issue is addressed in the proposed ordinance. Mr. Bruguiere said that the proposed zoning ordinance may take longer than 60 days and that there is a need to move quickly to allow the Community Centers outside income in order to survive financially. Ms. Russell said that she would like to actually see the amendment that will be advertised for public hearing. She noted that it has been at least a year since RVCC first investigated housing a caterer at the Center and now, a year later, it is a rush. She said that she is not interested in advertising something she has not looked at. Mr. Bruguiere suggested that Mr. Boger could work on an advertisement for the Planning Commission's review at their January meeting. Commissioners agreed. PROPOSED ZONING ORDINANCE - Commissioners set Wednesday, January 5th at 7:00pm for a Work Session on comments received at the December 22nd Public Hearing. They also set another Public Hearing for Wednesday, February 2nd at 7:00pm. The location is tentatively the Nelson Middle School Complex. A snow date has been set for Wednesday, February 9th at 7:00pm with announcement that the snow date will be utilized to be made through area television, radio and the county's website. Meeting continued to Wednesday, January 5th. ------------------------------------------------------------------------ This report, sent to over 580 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