UPCOMING: - Tuesday, November 21st - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse (NOTE: This is a change from the regular meeting date) - Wednesday, November 29th - PLANNING COMMISSION 7:30pm Courthouse (NOTE: This is a change from the regular meeting date) -------------------------------------------------------------------------- PLANNING COMMISSION WORK SESSION ON PROPOSED ZONING AMENDMENTS Wednesday, November 15, 2006 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Ms. Linda Russell, Ms. Delores Truesdale, Mr. Tommy Bruguiere Absent: Mr. Mike Harman (NOTE: The proposed zoning amendments, with Planning Commission changes made to-date, are posted on Rural Nelson's website under "Ordinances") CLUSTER DEVELOPMENT IN AGRICULTURAL (A-1) DISTRICTS - Mr. Boger reported that he is working on a development rights chart for the ordinance and has developed a separate section on cluster developments. Mr. Boger noted that the development rights will be as close to density-neutral as possible for the Agricultural areas. Ms. Russell noted that the Residential (R-1) and Conservation District (C-1) cluster developments specify the required land area for a cluster development (Residential 30 acres and Conservation 100 acres), and requested that the land area required in the Agricultural District be specifically stated also. During review of Appendix B - Subdivisions, Mr. Boger reported that the County Attorney has advised that a public hearing is not required by law for preliminary or final subdivision plats. He suggested removing that requirement from the review process. Mr. Boger noted that adjoining landowners would still be notified of proposed subdivisions by mail as required. Ms. Proulx said that the reason she likes holding a public hearing is that, on occasion, developers and neighbors have been able to work out potential problems without the Planning Commission requiring it. Ms. Russell agreed, saying that comments from neighbors might point out things she might not pick up on from looking at a piece of paper. Mr. Boger said that the Commission could take input under the Public Comment portion of the agenda and that landowners would still be notified. Ms. Russell pointed out that only adjoining landowners would be notified. Mr. Bruguiere said that review of plats is an administrative matter and a simple checklist to determine whether the site plan is complete and should, therefore, not need a public hearing. Ms. Hunt said that the public hearing is the public's venue. Ms. Proulx said that, in addition to the governmental function performed, the Commission's work is also a service to the public with holding a public hearing being a part of that service. Commissioners agreed to leave the public hearing requirement in the Subdivision Ordinance. Mr. Boger then reported a proposal to take the Board of Supervisors out of the subdivision plat review process but with a provision enabling the Supervisors to review any and all subdivision plats it wishes. Ms. Russell said that it is arbitrary and capricious for the Board to pick and choose which plats they will review. Mr. Boger suggested that there be an appeals process to allow the applicant to appeal a Planning Commission decision to the Board of Supervisors. Commissioners agreed by consensus to add the appeal process. Commissioners continued their review of sections added to meet new VDOT, DEQ and Stormwater requirements. They also reviewed the certifications included as required by the Health Department and VDOT. In addition, the Commissioners reviewed language to clarify that the time period for county action on a preliminary or final plat begins with submission of a "completed submission", a plat submitted with all required information. After review of Appendix B, Mr. Boger suggested that the Commission develop a document stating established policies and consider allowing administrative approval of final subdivision plats after the Commission has approved the preliminary, as any significant changes to the final plat would require a new review by the Commission. Commissioners agreed to review and consider the suggestions. Ms. Russell asked whether any thought has been given to limiting curb-cuts onto highways. Mr. Boger said that it has been discussed but is not included in the proposed amendments. Mr. Bruguiere said that he would agree to limiting curb-cuts onto main roads like 151, 29 and 56 but would not agree on back roads. Mr. Boger said that staff could look at limiting curb-cuts and work with VDOT on access controls. Ms. Russell said that the current zoning requirements for A-1 lots with public sewer but without public water allow the Health Department to determine the lot size. She asked staff to look at establishing a specified lot size in the ordinance. Commissioners asked staff to provide the information still pending review prior to their November 29th meeting. Commissioners agreed to continue their review after the regular meeting agenda items if time permits. Meeting adjourned until Wednesday, November 29th at 7:30pm at the Courthouse. 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 www.ruralnelson.org