UPCOMING: - Thursday, April 24th - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, May 8th - PLANNING COMMISSION WORK SESSION 7:30pm Courthouse ------------------------------------------------------------------------------------------------------------------------- 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, April 23, 2008 Present: Ms. Philippa Proulx, Mr. Mike Harman, Mr. Mike Tapager, Ms. Linda Russell, Mr. Tommy Bruguiere (Board Liaison) Absent: Ms. Emily Hunt FINAL SUBDIVISION PLAT/WILLIAM L. & BARBARA S. ALLAN - The applicants, represented by Mr. Stuart Sadler, have submitted a plat to divide lot #113 (43,574 sq ft) located on Hanging Rock Lane in the Chestnut Springs Section, Mountain Subdivision 16-A at Wintergreen into two lots, 24,191 sq ft and 19,383 sq ft respectively. The lot was originally two parcels and was combined into one parcel in June, 2007. The owners wish to divide the parcel into two lots in order to accommodate a buyer who wants a smaller lot. Mr. Sadler noted that the division returns the lots to their original configuration. With no Public Comment, Commissioners voted 5-0 to approve the final plat. AMENDMENT TO SPECIAL USE PERMIT/AT&T - Postponed until the May meeting at the applicant's request. AMENDMENT TO ZONING ORDINANCE/SECTION12-5 "USES NOT PROVIDED FOR" - Based on a recent court case and the County Attorney's opinion, Commissioners considered a recommendation to the Board of Supervisors to repeal this section of the ordinance. (Note: In the past, this section was used to approve a use not specifically listed as an allowed use in a zoning district, after which the zoning ordinance would be amended to include that use.) During Public Comment, Mr. Robert McSwain, Dutch Creek, said that in order to provide for open and transparent government, there should be a clear means of amending the zoning ordinance to include a use. He said that he supports repealing the section. Ms. Proulx said that the concern all along has been that this section does not go through a public hearing process to amend the ordinance. Mr. Bruguiere asked how a determination would be made on by-right or permit if an applicant that applies for a use not listed in the ordinance. Mr. Boger said that the Board of Supervisors would decide how that use would be listed. Commissioners voted 5-0 to recommend to the Board of Supervisors that Section 12-5, Uses Not Provided For, be repealed. AMENDMENT TO ZONING ORDINANCE/SECTION 2-8C, AUTOMOBILE GRAVEYARD, CLASS C - Mr. Boger explained that Automobile Graveyard, Class B was amended last June but that Class C was not amended at that time. He said that the language of Class C has become confusing and difficult to interpret and enforce. During Public Comment, Mr. Robert McSwain suggested that the language in the first part of the first sentence was confusing. Commissioners, noting that the proposed language is the same as Class B, suggested that the Board of Supervisors might consider amending the language for clarity in both classes in the future. Commissioners voted 5-0 to recommend that the ordinance be amended to the following language (to agree with the language for Class B): "Automobile Graveyard, Class C - Any place meeting setback side and rear yard requirements for buildings upon which more than five (5) inoperative vehicles of any kind are located, and which is screened by natural plantings or by other reasonable means acceptable to the Administrator, so that such vehicles are not visible from the roadway or adjacent residential, commercial or agricultural properties." WORK SESSION - Commissioners set a work session for Thursday, May 8th at 7:30pm at the Courthouse to review and discuss the following: - Subdivision Ordinance Section 4-4, Water & Sewer - Comprehensive Plan update Meeting continued until May 8th. Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - Tuesday, May 20th - Entrepreneur Express - 8:30am-12:00noon at The Nelson Center on Rt. 29. Free workshop with interactive discussions and exercises covering key elements of business practices. Will include business startup and operation; growing your business/marketing strategy; financing/managing resources and information on available resources. Call 434.263.7015 for more information. -------------------------------------------------------------------------------------------------------------------------- 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