UPCOMING: - Thursday, February 28th - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, March 6th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center ------------------------------------------------------------------------------------------------------------------------- MARK YOUR CALENDAR: - Tuesday, March 18th - Rural Nelson's Annual Meeting - 6:30pm at Shannon Farm Community Center in Afton. Potluck dinner - bring a favorite dish to share - beverages provided. - Saturday, April 5th - Rural Nelson's Second Community Dance Party at The Hamner Theater-Rockfish Valley Community Center - Doors open at 8:00pm. ------------------------------------------------------------------------------------------------------------------------- Note: A few of you may still be receiving duplicate reports. If so, we apologize and we are still working on the problem. ------------------------------------------------------------------------------------------------------------------------ PLANNING COMMISSION Wednesday, February 27, 2008 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager, Mr. Tommy Bruguiere (Board Liaison) EXCEPTION/MS. HALLIE L. AND LAVERNE ALLEN - At the January Commission meeting, the applicants requested an exception to Section 3-2 of the Subdivision Ordinance, Article 4, regarding the requirement for a 30-foot wide right-of-way providing ingress and egress to and from a dedicated recorded public street for property located off Adial Road (Rt. 634) in Faber. The applicant plans to divide the property into two lots for a family subdivision for her daughter. The property is accessed by a soil and gravel drive, with an estimated 10-foot right-of-way. At the January meeting, the applicants requested more time to talk with adjoining family members about obtaining the 30-foot right-of-way. During this meeting, Mr. Boger noted that the applicants had said that they wanted to proceed with the application for an exception. Ms. Joyce Sanchez (Ms. Laverne Allen's daughter) said that her mother plans to use an existing road and said that she does not want the expense of widening the road. Ms. Proulx explained that the road would not have to be widened but that it would be preferable to have the 30-foot right-of-way - the ability to widen the road - rather than requesting an exception. Mr. Boger said that he would be comfortable with having the other family members sign off on the 30-foot right-of-way with a note placed on the deed. After further discussion and with no public comment, the applicant requested a postponement to try to get the other family members' signatures. SITE PLAN/ST. JOHN BAPTIST CHURCH - The applicant, represented by Mr. Massie Saunders, submitted a site plan for construction of a new church building to be located on a ten-acre site on Norwood Road. The church will be approximately 4,774 sq. ft. in size. Mr. Boger reported that the site plan is complete with the exception of the final E&S Plan and Health Department approvals. Mr. Saunders said that the soils work has been done and he is working with a design group to design an alternative system. He noted that he is also working with Thomas Jefferson Soil & Water Conservation on the E&S plan. With no public comment, Commissioners voted 6-0 to approve the site plan contingent on: - receipt and approval by the Planning Director of the final sign design; - final approval by the Health Department; and - final approval of the E&S plan. ZONING ORDINANCE AMENDMENT/ARTICLE 18, LIMITED INDUSTRIAL (M-1) - Mr. Boger presented a resolution from the Board of Supervisors referring a proposed amendment to the Commissioners for recommendation on removing the current Prohibited Uses from the district. Mr. Boger noted that the M-1 District is the only district in the Ordinance that lists prohibited uses and that removing them would make that district the same as the others. He also said that there may be a future business that could be negatively affected by having the prohibited uses in the Ordinance. (NOTE: The Ordinance currently lists prohibited uses in M-1 as Recreation or entertainment facilities of a commercial nature; fuel storage yards; contractor storage yards; lumber yards; sawmills; stone work.) Ms. Russell said that she had no objection to removing the prohibited uses, noting that all of the uses except fuel storage yards are allowed either by right or with a permit in other districts. She suggested that fuel storage yards should be clearly defined and listed as a use in an appropriate district. Ms. Proulx said that she had no objection to removing the prohibited uses but suggested that Uses Not Provided For should also be removed from the ordinance. Mr. Boger said that the county attorney is working on the language for Uses Not Provided For. Ms. Proulx said that if new language is developed, that could be added back in but that the present language involves illegally amending the ordinance. Mr. Bruguiere said that issues come up and it takes too long to amend the ordinance to allow a use. Ms. Proulx said that using Uses Not Provided For is amending the ordinance without a public hearing. She said that she would be willing to talk to the county attorney and the Supervisors about the issue. Ms. Russell said that she would like to hear what the county attorney's recommendation would be. Mr. Tapager suggested that the Board Liaison could poll the Supervisors on removing the Uses Not Provided For and Mr. Bruguiere said maybe after June when budget is finished. Commissioners voted 6-0 to direct staff to advertise the Zoning Ordinance amendment for Public Hearing at their March regular meeting. Mr. Tapager noted that he was concerned that the request to remove the prohibited uses came about because of a knee-jerk reaction to someone wanting to do something specific, but said that it sounds reasonable to remove the prohibited uses as they are not consistent with the rest of the Ordinance. SUBDIVISION ORDINANCE AMENDMENT/ARTICLE 4-4, WATER AND SEWER - Mr. Boger presented a proposed amendment, reviewed by the county attorney, to require that approval of a subdivision is contingent on Health Department approval of the soils work and that each system approved after June 1, 2007, have two approved sites for on-site wastewater systems, providing a 100% reserve in the event of a failure of the initial system. The location of all on-site system areas and reserve areas must be shown on the subdivision plat. In addition, the proposed amendment draft includes an exception to the requirements for lots greater than 20 acres in size with the plat notation: "Health Department approval has not been obtained for on-site wastewater systems for this lot or lots?" An exception is also included for existing wastewater systems. Ms. Russell said that the exception for 20-acre lots should be on residue lots only as you could have a subdivision of 20-acre lots. Mr. Boger said that the county cannot limit the exception to only residue lots as that is too broad a term. He said that the residue parcel is a lot. Commissioners voted 6-0 to direct staff to advertise a public hearing on the proposed amendment for their March regular meeting. Meeting adjourned. Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - Thursday, February 28th - 4:00pm-7:00pm Region 2000 Regional Water Supply Stakeholder Workshop - informational session and a time for input from interested public. Location: Lynchburg City Hall, 2nd Floor Training Room; 900 Church Street. (NOTE: This is a change from the date and location originally announced.) - Saturday, March 15th - March Madness at Oak Ridge - An Awareness Building Fundraiser for the American Cancer Society. Celebrate Mardi Gras with dancing, gaming, heavy appetizers and cocktails at The Carriage House at Oak Ridge. All profits benefit the American Cancer Society. For tickets or information, call 263.8676. Tickets $60/person - Friday, April 18th - "Evening of Art, Music and Cuisine" to benefit Rural Health Outreach - 6:30pm-9:30pm at Spruce Creek Gallery on Rt. 151 in Nellysford. Silent auction, live auction, local wines and brews, gourmet hors d'oeuvres plus music by R. W. & Sherri Smith and Mongrel. Tickets $45.00/person - available at Blue Ridge Medical Center or Spruce Creek Gallery. For further info or to donate an item to be auctioned, call Sue Bernard at 434.361.1859; Peggy Whitehead at 434.263.7322 or Judy Rendich at 434.361.0362. -------------------------------------------------------------------------------------------------------------------------- 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