UPCOMING: - Wednesday, May 2nd - BOARD OF SUPERVISORS' WORK SESSION 5:00pm Courthouse - Thursday, May 3rd - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm Nelson Center ------------------------------------------------------------------------------------------------------------------------------ NOTE: Mark your calendars for a Rural Nelson Meeting on Zoning and the Ethics of Land Use on Thursday, May 17th at 7:30pm at Lake Monocan at Stoney Creek. Who owns land and who uses it? Does ownership of land give you rights, privileges and responsibilities? Speaker Rich Collins (Professor of Urban & Environmental Planning at UVA and Founder of the Institute for Environmental Negotiation) will facilitate a discussion of land use policies. Zoning is one tool for balancing individual property rights with public needs. Are there other tools? ------------------------------------------------------------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, April 25, 2007 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Delores Truesdale, Mr. Tommy Harvey (Board Liaison) Absent: Ms. Linda Russell SITE PLAN/VERITAS VINEYARDS - Mr. and Mrs. Andrew Hodson submitted a site plan for property located at 60 Veritas Lane in Afton for remodeling of the winery facility for wine accessory uses. After review, Commissioners voted 5-0 to approve the site plan. CONDITIONAL USE PERMIT/VERITAS VINEYARDS - Mr. and Mrs. Hodson applied for a permit for a restaurant at its winery, which is required because food will be prepared on site for private events held at the winery. Mr. Boger noted that the restaurant area is approximately 5,980 sq ft with 60 parking spaces required for the facility. He reported that the Health Department has installed a meter on the water system to determine whether the existing septic system is adequate. Mr. Boger said that there is a question about where the parking for the facility will be located. Mr. Hodson said that the designation of a restaurant is because there is no other category for the business in the county's ordinance and that he has no plans to open a restaurant per se. He noted that the business is a winery and that they sell food, although food sales are not the primary business. Mr. Hodson said that they think of themselves as a caterer for events. He said that he will cooperate with the Commission to put in whatever parking is needed for a restaurant. During Public Comment, Mr. Donald Gray, an adjoining landowner, said that the winery has been an excellent neighbor and that he has no problem with the permit as the winery is a first-class operation. Ms. Proulx noted that the business is not a typical restaurant but that there is nothing to stop a restaurant if the permit is granted. She said that she would have a tough time figuring out how to phrase conditions without limiting what everyone is comfortable with. After discussion, Commissioners voted 5-0 to recommend approval of the permit with the condition that if the business were sold, the new owner would have to apply for a Conditional Use Permit to continue operation. PRELIMINARY SUBDIVISION PLAT/MR. DARYL E. MORSE - The applicant has submitted a plat to divide 8.60 acres into four lots ranging in size from 2.0 to 2.3 acres on property located on Lobo Lane (Rt. 734) in Arrington. Mr. Boger noted that the plat meets the county's standard for preliminary plats. Mr. Morse reported that VDOT has approved the entrance and the power company has gotten electric service to the property. With no public comment, Commissioners voted 5-0 to approve the plat. REZONING/VERD TO GO, LLC - Mr. Steve Crandall has applied for a rezoning on approximately 27.82 acres from Service Enterprise (SE-1) to Business (B-1) Conditional. The property is located on the southwest quadrant at the intersection of Patrick Henry Highway (Rt. 151) and Beech Grove Road (Rt. 664). Mr. Boger reported that the purpose of the rezoning is to permit the development of a mixed-use commercial/residential center, with the residential component contingent upon future amendments to the zoning ordinance. He noted that the applicant has proffered away the following B-1 uses: funeral home/crematorium; golf driving range and miniature golf course; public garage; graveyard; hospitals; veterinarian hospital; sale of new and used cars; waterfront business activities; automobile graveyard; borrow pit; and commercial amusement park. Mr. Boger noted, however, that the Comp Plan would have to be amended to show the change in designated land use in this area of the county as it is presently designated as "Rural and Farming District." Ms. Hunt asked if the applicant proffers away uses and the property were sold in the future, whether the proffers would apply to the new owners. Mr. Boger said that the rezoning and proffers would apply to the land regardless of the ownership. Ms. Proulx said that during the Comp Plan discussions, there was a lot of concern about turning the area into a business area. Mr. Harvey said that this is the same business plan as approved for SE-1 and it meets all of those setbacks. He noted that there are not a lot of parcels left to be developed in Beech Grove as one side is floodplain and the other is already developed. With no public comment, Commissioners voted 4-1 (Ms. Proulx voting no) to recommend approval of the conditional rezoning. CONDITIONAL USE PERMIT/MR. NICHOLAS NUZZI - The applicant, represented by Mr. Massie Saunders, submitted an application for a permit for a restaurant to be located at 27 Chapel Hollow Road in Afton. The purpose of the request is to permit a Nelson County winery to have an off-site wine tasting room where wine can be tasted and purchased. Mr. Boger noted that because a wine tasting room is a commercial activity and since wine will be dispensed there for a fee, the use falls within the broad definition of a restaurant. He noted that the use of the building will be restricted to antique sales (permit previously granted), the sale of beverages and light snacks prepared off-site for consumption on and off premises and the sale of bottled wine. He reported that the only modification to the property will be two new adjoining patios and a storage building of less than 150 sq ft. Mr. Boger noted that the Building Official has restricted the maximum occupancy of the building to 15 people and that Mr. Nuzzi must verify with the Health Department that the existing septic system can accommodate that number of people with some modification. During Public Comment, Mr. Rich Evans, who is leasing the property for a wine tasting room, said that his winery has bottled 14,000 bottles of wine and ordered 2,000 tasting glasses. He said that he would like to open the wine tasting room Memorial Day weekend. Mr. Evans said that he does not want a restaurant and believes that the wine tasting room will be well done on that property. Following the public hearing, Commissioners voted 5-0 to recommend approval of the permit "to operate a restaurant limited to the sale of beverages and light snacks prepared off-site for consumption on and off premise, and the sale of bottled wine produced by a licensed Virginia farm winery?" PROPOSED ZONING AMENDMENTS/WINE TASTING ROOM - Mr. Boger presented six options for the proposed amendments, noting that the Explore Nelson Wine Group preferred Option 2A as "very straight-forward." Commissioners agreed by consensus and after review to focus on Option 2A which reads as follows: Under Definitions - Wine Tasting Room (Class I): A facility owned and operated by a Virginia licensed farm winery in which wine products grown or processed on the owner's property, or multiple adjoining properties in the same ownership, may be tasted and sold. On-site preparation of food for events at the winery is permitted, provided all State Health and Building Code Regulations are complied with. Wine Tasting Room (Class II): A facility owned and operated by a Virginia licensed farm winery located off-site in which wine products may be tasted and sold. The serving of light snacks, i.e. cheese, crackers, peanuts or similar is permitted, provided there is no on-site preparation of food for consumption or sale. Class I would be listed under Section 4-1 (Agricultural District A-1) as a Use-Permitted by right. Class II would be permitted in Agricultural by Special Permit only. Class II would be allowed as a Use-Permitted by right in Section 8-1 (Business B-1) and in Section 8B-1 (Service Enterprise SE-1). During Public Comment, Mr. Tom Corpora (Afton Mountain Vineyards) said that his winery has been in Nelson for 16 years and that the amendments are very restrictive and anti-business. He said that he has sold crackers, cheese and salami since he's been in business and a winery should be able to offer food. Ms. Proulx clarified that Class I is a by-right use with no application for a permit needed for an on-site business. Ms. Sarah Gorman (Cardinal Point Winery) said that it is important for a winery to be able to serve food. She said that she is happy to be in Nelson and wants to remain a good neighbor while keeping the property in agricultural use. She said that she wants to be a responsible server of wine too, noting that there is a big difference between offering crackers and sausage and preparing something in a kitchen. Ms. Gorman said that she is concerned that all the wineries not have to apply for a permit to continue doing what they have been doing all along. Ms. Terri Burn, an attorney from Richmond, said that she is not representing any of the local wineries but has represented wineries around the state. She offered her services to the Commission and Planning staff to make sure that any proposed ordinance conforms to state law. She said that she is sure the county does not intend to restrict any winery activities allowed by state law and said that food sales are important and should be encouraged for obvious reasons. Mr. Boger said that the county's attorney has determined that an off-site tasting room is a commercial undertaking and subject to the zoning ordinance. He said that an on-site winery can prepare as much food as they want as long as they meet Health Department and Building code regulations. Ms. Proulx said that she would like to see Class I changed to add "the serving of light snacks, i.e. cheese, crackers, peanuts or similar is permitted?" and said that both Class I and Class II should include the sale of "wine-related gift items." Ms. Proulx suggested that someone with legal experience with ABC issues should take a look at the proposed ordinance but said that it is up to the Supervisors whether they want additional advice. Ms. Proulx also suggested that the phrase, "?or multiple adjoining properties in the same ownership?" be changed to "?or multiple adjoining properties in the same ownership if allowed under that zoning designation." She said that an adjoining property zoned Residential may not be appropriate for a tasting room. Mr. Harvey suggested that the Commission request additional time for review from the Supervisors (30 days were given when the draft ordinances were forwarded by resolution to the Commission.) Commissioners voted 5-0 to recommend that the Board of Supervisors grant the Planning Commission an additional 60 days to refine Option 2A to consider ABC requirements and to consider food and wine-related sales. Meeting adjourned. Copyright 2000-2007 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------------------------------------------------------------ OF INTEREST: - Friday, April 27th from 6:30pm-9:30pm - "Evening of Art, Music and Cuisine" at Spruce Creek Gallery on Rt. 151 in Nellysford to benefit Rural Health Outreach Program. Tickets $45 per person at the door or at Blue Ridge Medical Center or Spruce Creek Gallery. Includes silent and live auctions, gourmet hors d'oeuvres, wines, and desserts. Music by Tiger Lily and R.W. & Sherri Smith. Call Sue Bernard at 434.361.1859 or Judy Rendich at 434.361.0362 for information. - Friday, April 27th at 6:30pm at The Hamner Theatre at Rockfish Valley Community Center - Film "The Future of Food" - documents how genetically engineered foods slipping into our supply AND "Strong Roots, Fragile Farms" - shows the effect of globalization on the family farm. Limited seating so register in advance. Admission by donation, child care available. Register or get more information at 434.263.4946 or register@VICFA.net. Visit www.VICFA.net. - Thursday, May 3rd from 1:30 to 4:30pm - The Central Virginia Small Business Development Center is offering a free workshop, "Taxes for the Business Owner", in Charlottesville. Representatives of the Internal Revenue Service and Virginia Department of Taxation will discuss various taxes and filing requirements that the business owner is responsible for including: withholding taxes, income taxes, sales and use taxes and more. The class will be held in the McIntire Room of the Jefferson-Madison Regional Library at 201 East Market Street. Seating is limited! To register, contact Nora Gillespie at sbdc@cstone.net or 434-295-8198. - Saturday, May 5th - Nelson Downriver Race (supporting conservation and recreation) ion the lower Tye. Visit http://nelsoncountyva.org/NelDRace/Race07/Race07.htm for more information and a registration form. ------------------------------------------------------------------------------------------------------------------------------ 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