UPCOMING: - Tuesday, December 11th - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse - Thursday, December 20th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center (NOTE: This is a change from the regular meeting date.) ------------------------------------------------------------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, November 28, 2007 Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager and Mr. Tommy Harvey (Board Liaison) Absent: Ms. Emily Hunt SITE PLAN/REGION TEN COUNSELING CENTER - Mr. Greg Donovan, Sheeran Architects, representing Region Ten submitted a final site plan for the Center to be constructed adjacent to the Horizon's House located at 83 Tanbark Plaza in Lovingston. The proposed building will be three stories high with a maximum height of 30 feet. Mr. Boger reported that, as of this date, the Planning Office has not received confirmation of receipt of the proposed E&S plan. Mr. Donovan said that he had met with Ms. Sappington of Thomas Jefferson Soil & Water Conservation District (TJSWCD) on Monday, resubmitted the drawings and that the plan is now under review. He said that he had received a copy of an email from TJSWCD sent to Mr. Boger stating that the required information had been received. Mr. Boger said that he had not received that email. Mr. Donovan said that, as requested, the proposed detention pond would be screened with a 36" high white painted wooden fence with dense shrubs around the fence. He noted that the landscaping and lighting plans are included on the most recent site plan revision. The lighting plan would provide lighting for the parking area from canopied lights on the building with a few lights on the sides of the building. Mr. Harman asked what the building elevation would look like. Mr. Donovan said that it will be a three-story brick building with the side facing the Horizon's House building being a two-story stone structure with a gable. He said that a wooden trellis structure will connect the two buildings. During Public Comment, Mr. Massie Saunders said that a three-story building will stand out and be very visible along Rt. 29. He said that a building that tall will be the tallest in the town of Lovingston and could set a precedent for future design. Mr. Boger noted that the county has no regulations allowing for architectural review and that the building does meet the height requirements. Commissioners voted 5-0 to approve the site plan dated 4.02.07 and revised 11.28.07 contingent on final approval of the E&S plan and contingent on the Planning Director's confirmation within 24 hours of this meeting that TJSWCD has received the proposed E&S plan. EXCEPTION #5/MR. GILBERT GILES - Mr. Boger presented Mr. Giles' request for an exception to Section 4-4D of the Subdivision Ordinance, Individual Septic Systems, for a 22.134-acre property located on Horseshoe Road, Arrington. The property is being divided into two parcels, Parcel #1, 2.067 acres with an existing dwelling and existing septic system with less than a 100% reserve drainfield; and Parcel #2, 20.067 acres to be sold to an adjoining property owner who says he does not plan to build on the lot. The exception is requested for Parcel #1 from the required 100% reserve as it has an existing, approved septic system. The exception for Parcel #2 is requested to waive the requirement for soils work and identification of a drainfield and 100% reserve area as the purchaser does not plan on developing the property. Mr. Boger noted that the two exceptions requested can only be granted by the Board of Supervisors but that since the Supervisors are also considering amendments to the Subdivision Ordinance to deal with the issue, he felt the Commissioners might have comments on the requested exceptions. Mr. Massie Saunders, representing the applicant, said that the existing septic system and drainfield was approved in 1997 so he is unsure how much reserve exists. He noted that the county requires a 100% reserve but the state requires only a 50% reserve. Mr. Boger reported that the county has required a 100% reserve since 1993, that that requirement is not related to the recent ordinance amendments. Mr. B. J. Clark, potential buyer of Parcel #2, said that the purchase could not be completed prior to the new zoning amendments being enacted. He said that he has no intention of building on this parcel but wants to buy it as a buffer for his property. Ms. Proulx asked why there was also ongoing discussion about the parcel's division rights if it were not to be developed. Mr. Harvey said that division rights are called value. Ms. Proulx said that a boundary line adjustment would eliminate the need for the exception although some development rights would be lost. She said that an adjustment might not maximize the property's value but would deal with the issue if there are no plans to develop the land. Ms. Russell agreed that a boundary line adjustment could accomplish what Mr. Clark wants to do. Ms. Proulx said that the Commissioners could recommend grandfathering Mr. Giles' property with the existing drainfield if Mr. Clark did a boundary line adjustment. Mr. Tapager pointed out that the county has to try to balance the landowner's situation against the larger public good so the county does not end up having to provide a public system when private systems fail. Ms. Russell said that the applicant could also wait until the ordinance is amended. Commissioners agreed by consensus to make no comment and take no action. CLASS II COMMUNICATION TOWER/VERIZON/MR. CARLTON MATTOX - Mr. Boger presented a request from Verizon to erect a 94-foot metal monopole with a one-foot lightning rod on property owned by Mr. and Mrs. Carlton Mattox located near 29 Whispering Pine Drive in Piney River. He noted that Verizon's application included three requests: 1. A waiver from Section 20-7-5k(1) for the required 4-foot wide landscaping strip around the outside perimeter of the facilities because the natural tree cover and existing vegetation provide screening from the adjacent property. (Note: This is a waiver the Commission can grant if it determines that the reasons for the waiver are valid.) 2. A Special Exception to Section 20-13 to reduce the required 118.75-foot setback radius from the southern boundary of the property to approximately 50 feet. According to the Verizon engineer, the proposed tower is designed to collapse within the property line of the lease site and any debris or ice from the tower will fall within the lease area as there are no guy wires required for the tower. Mr. Boger reported that, because the monopole is constructed in sections, the pole is designed to collapse onto itself. (Note: The Commission makes a recommendation to the Board of Supervisors, who may or may not grant the Exception.) 3. A variance from Section 20-9 to reduce the required security down from the total cost of construction to $35,000. The Section requires the minimum amount of the security to equal the installation cost of the tower and, as written, cannot be waived by the Planning Director, Planning Commission or Board of Supervisors. In order to grant a waiver, the ordinance would have to be amended. Mr. Boger noted that the Communication Tower Committee had determined that it would cost at least the amount of the construction cost to remove the tower, equipment shed and restore the site. He said that the security should actually be increased over construction costs to include the estimated legal costs to obtain permission from the courts to remove the tower should it become necessary. With no Public Comment, Commissioners voted 5-0 to approve the permit for the tower as proposed contingent on the Supervisors granting the Special Exception to reduce the required setback for the pole. The motion and vote also denied a waiver for a reduction in the Security; granted a waiver on the landscaping requirements since the area is wooded; and recommended approval of the Special Exception for the setbacks. PROPOSED SUBDIVISION AMENDMENTS/INDIVIDUAL SEPTIC SYSTEMS - Commissioners received, for review and comment, two draft amendments as follows: Draft #1: 1. allows an exemption if the lot or lots of a subdivision have an existing septic system that complies with VDH regulations; or 2. allows an exemption if the lot or lots of a subdivision contain 20 acres or more. The survey for each of those 20-acre or more lots would have to contain the following notation: "Each lot for which an individual on-site sewage system will be utilized shall require, in addition to any other Health Department requirement, a 100% drainfield reserve." Draft #2: 1. allows an exemption from the 100% reserve requirement for a lot with an existing septic system that complies with VDH regulations; or 2. allows an exemption when no more than two lots are divided from the primary parcel of land with a size of 20 acres or more. The residue of the primary parcel would be exempt from the requirement provided it is 20 acres or more in size. Any further division of the primary parcel or lots created from it would have to comply with the Ordinance requirements related to septic systems. Commissioners directed staff to set a work session meeting date for a Wednesday in January and to coordinate that date with a representative from the Health Department and a soil scientist. OTHER BUSINESS - Mr. Boger reported that Food Lion on Rt. 29 has requested permission to construct a ramp behind the store for employee use during unloading of deliveries. He asked the Commission for permission to review and approve the plan administratively. Commissioners agreed by consensus. Meeting adjourned. Copyright 2000-2007 by Rural Nelson, Inc. All rights reserved. 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