UPCOMING: - Tuesday, December 12th - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse - Wednesday, December 27th - PLANNING COMMISSION 7:30pm Courthouse -------------------------------------------------------------------------- PLANNING COMMISSION WORK SESSION Thursday, December 7, 2006 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Ms. Linda Russell, Ms. Delores Truesdale, Mr. Tommy Bruguiere Absent: Mr. Mike Harman NOTE: The proposed amendments to the Subdivision Ordinance and the Zoning Ordinance are available on Rural Nelson's website (www.ruralnelson.org) under "Ordinances". SUBDIVISION ORDINANCE - Commissioners reviewed the proposed amendments, making only minor language changes. Ms. Proulx, noting the allowed 60-day review period in the ordinance, asked whether that time period is a state requirement or whether it could be changing to 65 days to allow for months where regular Planning Commission meetings fall farther apart creating a possible time constraint. Ms. Proulx volunteered to check the state code and the Commissioners agreed by consensus to change the review period to 65 days if allowed by code. ZONING ORDINANCE - Commissioners made the following changes/additions: Article 2. Definitions - 2-48a "Horticulture: The cultivation of a garden, orchard, flowers, fruits, vegetables, ornamental plants, HERBS OR MUSHROOMS." Article 3. Conservation District C-1 - 3-3-2 under Setback Regulations/Side yard: "Lots greater than 5 acres in size: Three hundred (300) feet from the property line ON EACH SIDE." Article 4. Agricultural District A-1 - 4-1-9a Motels, HOTELS 4-2-1a under Agricultural District A-1/Division Rights and Area Regulations - Ms. Russell, noting the two (2) acre (87,120 sq ft) minimum lot size per dwelling unit, asked whether there is a different minimum lot size if public sewer is available. Mr. Boger said that the minimum lot size is two acres with or without public sewer. He noted that the applicant can apply for a rezoning if a smaller lot size is desired. 4-11-3 Temporary Events - added "The Zoning Administrator may attach such specific conditions to the issuance of the temporary permit as he deems necessary to minimize the potential adverse impact on the surrounding area or general public." Article 21. Cluster Housing Development - 21.1 Purpose - Changed language to: "This section offers the option of creating subdivisions consisting of clusters of small lots AND open space by right in CONSERVATION, C-1; AGRICULTURAL, A-1; and Residential, R-1 Districts. Cluster developments ARE INTENDED to preserve rural character, reduce the amount of land consumed by development, and lower the cost of roads and other facilities." 21.2 Area and density - Added C. Residential, R-1 District with a minimum area for cluster development of thirty (30) acres with a minimum of forty (40) percent of the land reserved for agriculture, forestry, recreation and/or open space. 21.5 Lot Standards - A. The required lot area (square feet) changed to: "1. Where no public water and sewer area provided: 43,560 per lot." (was 40,000 sq ft) "2. Where public sewer is provided: 30,000 minimum, 43,560 maximum per lot." (was 40,000 sq ft maximum) "3. Where both public water and sewer are provided: 10,000 minimum, 43,560 maximum per lot." (was 40,000 sq ft maximum)" 21.5 Lot Standards - B. The required setbacks - Added the following: "6. Accessory structure: Minimum of ten (10) feet from property line, except no accessory building shall be located within the required front yard setback." 21.7 Procedure for approval. B. 1. Changed language to: "If the subdivision plat and/or development has a feature(s) requiring approval by an agency, the Planning Director shall approve or disapprove the plans within thirty-five (35) days upon receipt of the approvals from all LOCAL, state AND FEDERAL agencies." Following the review, Ms. Russell suggested that a statement be added regarding the protection of the health, safety and welfare of the neighbors and general public as a part of the review process. She noted that such a statement is already a part of the subdivision ordinance. Mr. Boger said that the County Attorney does not feel that such a statement is necessary in the Zoning Ordinance. Commissioners agreed by consensus to add such a statement if there is no legal reason that it cannot be included. Mr. Boger will draft the language for inclusion. Meeting adjourned. (NOTE: The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, January 16th at 7:30pm at the Middle School/High School complex. Snow date: Thursday, January 18th at the same time and place.) Copyright 2000-2006 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- OF INTEREST: - Thursday, December 21st at 6:30pm at the Courthouse - Public Meeting with Arnett Muldrow & Associates and county staff. This is a followup to the recent survey to obtain public input on the county's image and the development of a Nelson County marketing and branding strategy. ------------------------------------------------------------------------- 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