UPCOMING: - Monday, June 5th - BOARD OF SUPERVISORS' BUDGET PUBLIC HEARING - 7:30pm at the Courthouse - Tuesday, June 13th - BOARD OF SUPERVISORS - 2:00/7:30pm Courthouse ------------------------------------------------------------------------- VOLUNTEERS NEEDED: Saturday, June 24th and Sunday, June 25th to work the gate at Summer Festival -Rural Nelson will earn a donation for our work. Volunteers needed both days 10am-1pm; 11:30am-2:30pm and 2:00pm-4:30pm. Please let us know if you can help out! ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, May 24, 2006 Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Mr. Tommy Bruguiere Absent: Ms. Emily Hunt, Ms. Delores Truesdale FINAL SUBDIVISION PLAT/LEONEL & JUDITH PAIXAO - The applicants are dividing 7.44 acres into two lots of 5.012 and 2.428 acres on property located on Mountain Road (Rt. 631) in Afton. Mr. Boger reviewed the plat, noting that the Health Department has issued a permit for the septic on the new lot and that the lot will be served by an existing private road. With no public comment, Commissioners voted 4-0 to adopt a resolution recommending approval of the final plat. FINAL SUBDIVISION PLAT/MARY JANE DULL HOFFMAN - Mr. Massie Saunders, representing the applicant, submitted a final plat dividing 61.796 acres into five lots ranging in size from 5.313 acres to 25.698 acres. Four of the lots will be served off Rhue Hollow Road (Rt. 628) with the fifth lot served by an existing road through Lot #4. Mr. Boger noted that the entrance to the subdivision crosses a stream or drainage channel and that the plat notes the required 50-foot setback from the bank of that stream. Mr. Boger noted that the soils work has been completed and that VDOT has no problem with the new entrance. Mr. Saunders reported that he had met on site with the Army Corps of Engineers and will be applying for two permits for the stream crossings. Ms. Russell asked whether an E&S plan is required. Mr. Saunders said that only one small section of new road will be constructed, disturbing less than 10,000 square feet, so no E&S plan is required. With no public comment, Commissioners voted 4-0 to adopt a resolution recommending approval of the final plat. AMENDMENT TO ZONING ORDINANCE/VEGETATIVE RUBBISH RECYCLING FACILITY - Mr. Boger presented the draft language as follows: Article 4 Agricultural District (A-1) - addition of "Vegetative Rubbish Recycling Facility" under Uses-Permitted by Conditional Use Permit Only. Article 2 Definitions - addition of the following subsection: "Vegetative Rubbish Recycling Facility: a facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted on-site into firewood, and into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal." During Public Comment - MR. JAMES LYNCH, Nellysford, expressed concern about air contaminants related to tub grinding. MS. MARY GORKA, Nellysford, presented written comments and noted that the proposed amendment sets no boundaries on noise and air pollution. She asked that the Commissioners delay a decision so more people in Nelson can be informed of the dangers. MR. GEORGE BONHEYO, Nellysford, said that the county is supposed to protect the scenic beauty and yet is going to proliferate the stump grinders by allowing them on Agricultural A-1 properties. He said that the operations should be tightly controlled and not allowed just anywhere. MS. ANGELA ROBINSON expressed concern that all of the DEQ information and requirements were not known by county staff, the Planning Commission or the Board of Supervisors when the stump grinder was approved. MR. JOHN GURR said that he lives 950 feet from where the Harvey/Small grinder will be located. He said that the Planning Commissioners had missed an opportunity when they forwarded no recommendation on the December, 2005 Conditional Use Permit for a stump grinder and that they now have the option of saying no to the proposed amendment. He noted that Ryan Homes is currently constructing 51 housing units immediately adjacent to the Small operation, with those future residents being much closer to the site. Mr. Gurr noted that Rosewood Village is developing senior living homes and that those residents are the very people who should not be near the air contamination that will result from the operation. MR. BO ZIRKLE, Afton, said that it is interesting that no one is complaining about the heavy equipment fumes in that area from development. He said that most of the stuff going to that stump grinder site was generated by the very people complaining. MR. PETER MONGER, Stoney Creek, said that the proposed amendment is talking about a commercial/industrial enterprise to be placed in agricultural areas and asked that the Commissioners consider whether that type of operation is compatible with agricultural uses. MR. RAY ASHTON said that the Supervisors revised and adopted the Solid Waste Ordinance two years ago and that that Ordinance mandates that the county provide a facility for vegetative waste disposal. He said that the proposed amendment seems to negate the county's own requirement to provide that service. Following the Public Comment, Ms. Proulx clarified that the Planning Commission made no recommendation to the Supervisors on the stump grinder permits because they ran out of time to act and did not have all of the information they felt they needed to make a recommendation. She noted that the proposed amendment to the Zoning Ordinance does not make the Vegetative Rubbish Recycling Facility a by-right use in agricultural, that it will be by Conditional Use Permit on which the county can place regulations and restrictions specific to each application. Ms. Proulx also explained that the proposed amendment addresses general principles and does not address any specific permit already issued. She said that her personal feeling is that the Facility is not so different from a sawmill, which is allowed by Conditional Use Permit in the current Zoning Ordinance in Agricultural districts. Ms. Russell said that several people had said that the Planning Commission had the option to recommend that the Supervisors not approve the proposed ordinance amendment. She said that, while she does not understand the specific legal ramifications, not approving the amendment would then allow only the two already approved facilities, which would favor two residents over all others. Ms. Russell explained that if the amendment is approved, the county can look at each application and apply conditions as appropriate. She said that her understanding is that the Commission's vote on the proposed amendment will have no effect on the Harvey or Fitzgerald approvals. Mr. Bruguiere said that the Harvey and Fitzgerald permits have already been approved. He explained that the proposed amendment does not specify the type of machinery to be used as there are many types that can be used to grind vegetative waste. He said that there are no county facilities for this type of operation as the county's landfill is closed and all trash is sent out of the county. He said that private enterprise can do a better job with this kind of operation. Mr. Harman said that there has been a lot of concern about noise and pollution and that the approved permits did specify decibel levels, DEQ permit requirements and set hours and days of operation and that the county can do the same with any future applications. Ms. Russell said that the only concern she would raise is that the proposed amendment only takes into account the existing ordinance. She said that she would like to see the Commission go on the record as recommending that the Vegetative Rubbish Recycling Facility be allowed only in the Rural & Farming District in the proposed new Zoning Ordinance. Mr. Bruguiere said that he would have no problem with allowing the operations only in Rural & Farming and Industrial Districts in the new ordinance. He said that the Supervisors do plan to get back to the draft ordinance and that it should take only a few more sessions to finish. Commissioners voted 4-0 to postpone a vote on the proposed amendment until their June meeting to allow for a full board vote. AMENDMENT TO ZONING ORDINANCE/DWELLINGS PERMITTED IN B-1, BUSINESS ZONING DISTRICT - Mr. Boger presented the proposed amendment as: Article 8 Business District B-1 - under Uses - Permitted by Conditional Use Permit Only - the addition of "Dwellings" During Public Comment, Mr. Mike Tapager, a property owner on Front Street, said that he is happy to see the amendment to allow dwellings in Business but said that some guidelines for things to be considered with each application would be helpful. He said that the amendment will affect Lovingston soon and that we need business and revitalization in Lovingston. He said that allowing dwellings in B-1 could be a double-edged sword however, with guidelines and planning going a long way to avoiding problems. Mr. Tapager said that he hopes the new Zoning Ordinance will address some of the issues - not just to help the Planning Commission and Supervisors in making decisions, but to streamline the process for businesses. Commissioners voted 4-0 to postpone a vote on the proposed amendment until their June meeting to allow for a full board vote. REVIEW OF PROPOSED APPLICATIONS FOR REZONING, SPECIAL/CONDITIONAL USE PERMITS - After discussing possible changes to the applications, Commissioners agreed to table further discussion until adoption of a new zoning ordinance. Ms. Proulx noted that everything discussed that needs to be corrected to facilitate the planning process runs into a problem with the existing ordinance. She suggested that there may be things that can be done to clear up some of the issues while the Commissioners wait for a new ordinance. Meeting adjourned. Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- This report, sent to over 600 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 Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org