UPCOMING: - Thursday, July 24th - BOARD OF SUPERVISORS 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, July 23, 2008 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Mr. Mike Tapager Absent: Ms. Linda Russell, Mr. Tommy Bruguiere (Board Liaison) FINAL SUBDIVISION/MR. & MRS. SAMUEL PRICE - The applicant had submitted a plat to divide Lot #2 of Tye Cliff Subdivision, consisting of approximately 12.595 acres, into two lots. The property is located on Crabtree Falls Highway (Rt. 56 West) with frontage along the Tye River. The division is for a family subdivision. The applicant had originally submitted a plat that would have created four parcels - a 1.910-acre Parcel X, a 1.135-acre Parcel X across Rt. 56, a 0.146-acre parcel and the 9.404-acre residue parcel. Mr. Boger reported that, after the applicant's conversations with VDOT, it was determined that VDOT does own the Crabtree Falls Highway right-of-way. The applicant has decided, therefore, to do a family subdivision around the existing house only (1.910 acres). Mr. Boger said that the surveyor has not yet completed the final plat showing the applicant's revised plan. He noted that Commission approval is needed for this division as the parcel is within an existing subdivision. Ms. Proulx and Ms. Hunt both said that they would prefer to wait for the final plat before voting. With no public comment, Commissioners voted 4-0 to postpone a decision pending receipt of a final plat. REZONING/MS. LINDA CATALANO - The applicant has applied to rezone approximately 33.427 acres from Industrial, M-2 to Agricultural, A-1. The property is located at 10363 James River Road, Shipman. Mr. Boger reported that a small portion of the property is currently zoned A-1, which is where Ms. Catalano's house is located. He noted that the applicant's reason for the rezoning request is to qualify for a loan to re-finance the property. Mr. Boger said that that area (east of the railroad tracks) was zoned M-2 to create an industrial area for future growth in the county. He noted that the area around Ms. Catalano's home might be suited for industrial development, but that the remaining area appears to be limited due to topography. During public comment, Mr. Bo Delk, adjoining landowner, said that he does not object to a landowner doing what they want with their property. He noted, however, that his adjoining property is zoned M-2 and that he does not want new residences on Ms. Catalano's property objecting to a landfill on his land. Ms. Proulx said that a rezoning is supposed to be done with the good of the county in mind and not so someone can get financing. She said that in this case, however, part of the property is already zoned A-1 and is surrounded by A-1 with nothing happening with M-2 in that area. Ms. Proulx said that she would not oppose the rezoning but noted that Mr. Delk could very well do something heavy industrial with that issue being clear up front. Mr. Tapager said that he agrees with Ms. Proulx and said that the parcel is really not suitable for industrial development. Commissioners voted 4-0 to recommend approval of the rezoning request. SITE PLAN/ST. JAMES BAPTIST CHURCH - Mr. Massie Saunders, representing the applicant has submitted a site plan for the development of a small parking lot addition and building addition to the church on property located at 2099 Buffalo Mines Road in Piney River. Mr. Boger noted that the E&S plan approval is pending and that VDOT is requiring a commercial entrance for the property. With no public comment, Commissioners approved the site plan contingent on final approval of the E&S plan and implementation of VDOT entrance requirements. CLASS III COMMUNICATION TOWER/NTELOS - The applicant has applied for a permit to construct a 130-foot metal tower on property on property owned by Frieda and Jacqueline Kier and Mary Barbara White, located at 5016 Rockfish Valley Highway across from the Rockfish Presbyterian Church. Mr. Boger reported that both the tower and the three flush-mounted antennas will be painted brown with the site located approximately 215 feet from Rockfish Valley Highway in a wooded area. He noted that the applicant is also requesting a waiver of the landscaping requirements in Sections 20-7-5k & 5k(1) and an exception to Section 20-7-2e which prohibits metal towers within the viewshed of a Scenic Byway. Ms. Valerie Long, representing nTelos, reported that the balloon test for this site showed that the tower would have minimal impact on the Byway, noting that it would be visible for about 1/10 of a mile as you approach the site from the south. She noted that the proposed tower height is necessary to receive and send signals over the top of two small hills on either side of the tower. Ms. Proulx asked why nTelos was not looking at two shorter towers instead of the one taller tower. Ms. Long said that cost, availability of a willing landowner and the fact that this was the best site to meet signal needs were all factors. During the Public Hearing, MR. ARNOLD FRANKTON, Stone Gate Lane, said that there are 8 houses and 10 properties in Stone Gate and that all would be adversely affected by the tower being right at the Stone Gate entrance. He said that, in addition, Rt. 151 is a Scenic Byway and if the county starts making exceptions, there will not longer be a scenic byway. MR. AL GALE, also a resident of Stone Gate, said that his property is at the highest point and he will be able to see the tower. He said that Rockfish Presbyterian Church is an historic property and that should be taken into account. MS. KATIE GALE, a resident of Stone Gate, said that they would be able to see the tower, especially when the leaves are off the trees and said that it would ruin the value of their property. Ms. Long reported that Mr. Thomas Fletcher with Rockfish Presbyterian Church had called nTelos to say that the church has no problem with the tower. She also said that she does not believe that the tower will have an adverse effect on the Scenic Byway. Mr. Harman said that it is the same issue with all towers - everyone wants cell coverage but not a tower in their backyard. Ms. Proulx said that she would like to be convinced that nTelos could not use two shorter towers as Rt. 151 is a Scenic Byway. Ms. Hunt asked how much higher this pole will be that the treetops. Ms. Long said that there were 60 to 80-foot trees and the tower is 130 feet with the lightning rod. Mr. Harman said that he would prefer two shorter poles within 10 feet of the top of the tree line. Mr. Tapager said that he is not convinced that this is the only site. Ms. Long said that nTelos would be happy to take a month to look at the issues again. She said that if another site cannot be found, nTelos would be happy to conduct another balloon test for the neighbors who have expressed concern. Further discussion tabled until the August meeting. AMENDMENT TO SPECIAL USE PERMIT/AT&T - The applicant has requested an amendment to a permit issued in 1996 for a 170-foot tower on property owned by Robert and Claudia Brush and located on Thurmond's Hollow Lane (Rt. 615) in Faber. The permit issued restricts use to Alltel and requires amendment from the Board of Supervisors for any modifications. AT&T is requested an amendment to collocate on the tower at a height of 120 feet with six antennas. With no public comment, Commissioners voted 4-0 to recommend approval. PROPOSED SUBDIVISION & ZONING ORDINANCE AMENDMENTS - SECTIONS 4-4 AND 12-1 (WATER & SEWER AND ZONING PERMITS) - Commissioners voted 4-0 to forward their recommended amendments dated 7.15.08 to the Board of Supervisors. (NOTE: see Rural Nelson's Planning Commission Work Session report from 7.10.08 posted on our website. The Board of Supervisors will consider the draft amendments and hold a public hearing before amending the ordinances.) RESOLUTION OF INTENT/AMENDMENT OF COMMUNICATION TOWER ORDINANCE - Commissioners voted 4-0 to adopt a Resolution of Intent to review and amend the Tower Ordinance as appropriate and following a public hearing on any proposed amendments. RESOLUTION OF INTENT/ZONING AMENDMENT - Commissioners voted 4-0 to adopt a Resolution of Intent to review and amend Article 4, Section 4-1-a to permit a wood yard in an Agricultural District by a Conditional Use Permit. Mr. Boger noted that the Ordinance permits a permanent sawmill by CUP in an Agricultural District but does not permit a wood yard, which is similar in nature to a sawmill except that it does not cut logs into lumber. Meeting adjourned. Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - Sunday, August 17th - 3:00pm-5:00pm - Oakland-Nelson County Museum of History Grand Opening. View museum's first exhibit "Cuttin on the Lights" showing the development of electricity in Nelson; music, refreshments, tours of the Oakland Tavern; games for the children. Located on Rt. 29, 3 miles south of Lovingston. Call 434.263.8400 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