UPCOMING: - Wednesday, February 25th - PLANNING COMMISSION 7:30pm Courthouse - Thursday, February 26th - BOARD OF SUPERVISORS 2:00/7:30pm Courthouse ------------------------------------------------------------------------- MARK YOUR CALENDAR: Our next Community Dance Party at The Hamner Theater will be Saturday, March 14th. Doors open at 8:00pm. This will probably be our last dance party until fall so don't miss the fun! ------------------------------------------------------------------------------ PLANNING COMMISSION PUBLIC HEARING/WORK SESSION Wednesday, February 11, 2009 PRESENT: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager, Mr. Tommy Bruguiere (Board Liaison) ABSENT: Ms. Emily Hunt PROPOSED ZONING ORDINANCE AMENDMENTS - Mr. Boger reviewed the proposed amendments as follows: Addition of - Article 2. Definitions 2-15a Cabin: A single, permanent detached unit, which may or may not contain cooking facilities, and/or bathroom facilities, dedicated to temporary occupancy for purposes of recreation, education or vacation. Rental properties meeting the above description shall be considered cabins. Article 3. Conservation District C-1 Section 3-1-a Uses - Permitted by Conditional Use Permit only: 3-1-12a Cabins Article 4. Agricultural District A-1 Section 4-1-a Uses - Permitted by Conditional Use Permit only: 4-1-24a Cabins Amendments to (Note: amended language in all caps)- Section 4-2 4-2 LOTS ALLOWED and area regulations (Lots Allowed replacing Division Rights) 4-2-1 "A parcel of record in the Clerk's Office of the Circuit Court of Nelson County on the effective date of this subsection (June 1, 2007) MAY BE DIVIDED INTO NO MORE LOTS THAN ARE PROVIDED IN THE CHART BELOW. (Note: No changes proposed to the chart which is: 0-5 acres 2 lots allowed 5-10 acres 3 lots allowed 10-15 acres 4 lots allowed 15-20 acres 5 lots allowed 20-25 acres 6 lots allowed 25-35 acres 7 lots allowed 35-45 acres 8 lots allowed 45-55 acres 9 lots allowed 55-65 acres 10 lots allowed 65-75 acres 11 lots allowed greater than 75 acres has additional lots allowed provided each additional lot created is 20 acres or more in size.) "At the time of division, the owner of the parcel so divided shall designate the number of LOTS into which each parcel so divided may be further divided pursuant to this section. No such division or adjustment of boundary lines or any other reconfiguration of a parcel shall increase the number of LOTS which may be created." "Each plat of survey reflecting a division or adjustment of boundary line or any other reconfiguration of a parcel shall provide therein: (i) the original number of LOTS ALLOWED FOR THE PARCEL, together with appropriate instrument number references; (ii) the number of LOTS CREATED in this division; (iii) the number of LOTS remaining; and (iv) the ALLOCATION OF remaining LOT RIGHTS AMONG THE NEWLY CREATED LOTS." During Public Comment, Ms. Kim Cash, Montebello, said that while she supports the option to build a weekend/vacation cabin, she is concerned that these cabins not turn into year-round residences as the ordinance will allow them to be built to a lesser building code standard. She asked that the Commissioners consider how to transfer the conditions to any new owners. Mr. Massie Saunders said that cabins should be allowed but agreed that the county should keep a handle on the situation and now allow them to get out of hand by being clear about the meaning of "temporary". PROPOSED AMENDMENT TO SUBDIVISION ORDINANCE - Mr. Boger reviewed the proposed amendment as follows (Note: amended language in all caps): Section 2. Definitions "Subdivision: A parcel of land which has been subdivided into smaller parcels or lots for the purpose, either immediate or future, of transfer of ownership or building development. The term "subdivision" includes FAMILY DIVISIONS, "re-subdivision", and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided." Section 3-2 Exceptions to Review by Commission (4) "A single division of a tract or parcel of land for the purpose of sale or gift to a member of the immediate family of the property owner IF THE PROPERTY OWNER AGREES TO PLACE A RESTRICTIVE COVENANT ON THE SUBDIVIDED PROPERTY THAT WOULD PROHIBIT THE TRANSFER OF THE PROPERTY TO A NONMEMBER OF THE IMMEDIATE FAMILY FOR A PERIOD OF FIVE (5) YEARS. Any parcel thus created having less than five (5) acres shall have a right-of-way of no less than thirty (30) feet wide providing ingress and egress to and from a dedicated recorded public street. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this ordinance. For the purpose of this subsection, a member of the property owner's immediate family is defined as any person who is a natural or legally defined OFFSPRING, STEPCHILD, SPOUSE, SIBLING, GRANDCHILD, GRANDPARENT, OR PARENT OF THE OWNER. It shall be noted on the plat and in the deed that this is a family division of property pursuant to this subsection. During Public Comment, Mr. Massie Saunders supported the inclusion of a family subdivision in the number of lots allowed for a parcel. He said that large families can create a hodgepodge of one-acre lots. He also supported the five-year restriction, noting that Amherst County is considering requiring that the property owner own the land for at least five years before transferring to a family member and that that family member must own it for at least five years before transferring to a non-family member. Commissioners tabled the proposed additions and amendments to both the Zoning and Subdivision Ordinances for further review and then discussion at their February 25th meeting. OTHER BUSINESS - FISHER AUTO PARTS (Nellysford) - Mr. Boger reported that the business plans to extend the back of their existing building by 23 feet and asked for authority to approve the amendment to the site plan administratively. Ms. Proulx said that she does not object to the applicant's plans but that she does not want the next applicant to question why this applicant was not required to do a new site plan. Ms. Russell asked why the applicant could not draw the addition to scale on the existing site plan, indicate whether there would be any additional lighting or a loading dock. Mr. Bruguiere said that it is a simple addition and should be approved administratively. Ms. Russell said that the Commission does not know the scope of the project and that she, therefore, does not feel in a position to make a decision on whether it could be approved administratively but that she would be open to doing an amendment to the site plan rather than a new site plan. After further discussion, Commissioners directed staff to have the applicant draw the addition to scale on the existing site plan and write in any plans for lighting, doors, paving and the well that exists behind the building for the Board's consideration at their February 25th meeting. Mr. Tapager suggested that the Commission establish some standards so the next time, there will be requirements to determine whether an amendment can be approved administratively. PROPOSED ZONING AMENDMENT/RETAIL STORE, NEIGHBORHOOD - Ms. Proulx said that she has become increasingly convinced that the county needs an inventory of stores. She said that she has talked to several citizens and several members of the Historical Society and there may be those willing to do an inventory. Ms. Proulx also said that since all but the stores in Avon are in Agricultural A-1 zoning, they can do what they want to do anyway. She said that she does not feel any urgency to do this amendment, but the Commission should start with an inventory. Mr. Bruguiere said that the county does not need an inventory as it makes no difference where the stores are and an inventory would make the staff do too much. Ms. Proulx noted that she is talking about using volunteers to do the inventory and that she does think the Commission needs to know what they are talking about. Commissioners agreed by consensus to pursue the use of volunteers to gather information. Ms. Proulx agreed to make further contact with those interested. "THE TICKING CLOCK" - Commissioners had a brief discussion of the sections of the ordinances that have ambiguous language regarding time requirements for applications and various sections of the ordinance that allow for 30-, 60- and 90-day time frames. Mr. Boger reported that the County Attorney is working on amendments to clarify. Ms. Russell said that standardizing the time frame would help greatly. Ms. Proulx agreed and said that she would like to see the allowed time set at the maximum allowed under state code. After further discussion of possible ways to "start the clock" on an application, Commissioners agreed to table further discussion for more information from the County Attorney. They also agreed to start work on developing a checklist for rezoning and Special/Conditional Use permits to define and determine a "complete" application. FEBRUARY 25TH MEETING - Commissioners agreed to add discussion of the following to the agenda: - Addition/Amendments to the Zoning & Subdivision Ordinances related to Family Subdivisions and Cabins; - Communication Towers; - Small Wind Energy; - Complete Application Checklist/Guidelines Meeting adjourned. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. --------------------------------------------------------------------------- OF INTEREST: - Central Blue Ridge Virginia Master Naturalist Spring Training Program 2009 - The next training session will be held on Saturdays on eight weekends from March through May, including a full weekend at Nature Camp. There is a $125 fee to cover course materials and chapter organization costs. Applications available at the Virginia Master Naturalist website or from the Nelson County Cooperative Extension office in Lovingston. Application deadline February 16, 2009. For more information, contact Michael Lachance at 434.263.4035 or email cbrvmn@gmail.com. Website: http://www.virginiamasternaturalist.org/centralblueridge.html - Blue Ridge Parkway's 75th Anniversary Planning Meeting - Monday, February 23rd at the Hampton Inn Waynesboro/Stuarts Draft (15 Four Square Lane, Exit 91 off I-64) - 1:00pm-4:30pm. Blue Ridge Parkway 75, Inc. is gathering input for projects and initiatives to celebrate the anniversary. Register with Penny Lloyd by Thursday, Febuary 19th by phone at 540.772.2104 or by email at plloyd@roanokecountyva.gov. - Friday, February 27th - 7:00pm - Living with the Planet - "What Might the Future Hold?" - Jeff Halverson, former NASA meteorologist, will talk about what we can learn from the 2008 hurricane season as he discusses tropical tempests, ocean temperature and global warming. This is the second of three lectures presented in the Wintergreen Nature Foundation 2009 Winter Lecture Series. All lectures take place at the Rockfish Valley Community Center off $t. 151. Cost: $15 - register by calling 434.325.8169 or online at http://www.twnf.org/programs/wls.asp. Visit the website for complete information on each lecture and the speakers for each. Call 434.325.8169 between 12pm-5pm the day of each lecture for questions concerning inclement weather. - Saturday, March 21st - March on Nelson Litter Pickup - Registration at 9:00am in the parking lot of the Lovingston Cafe. Wear sturdy footwear and gloves. Vests and bags provided. Pickup area: Rt. 56 from Lovingston to Shipman. For more information, call 540.377.5754 or http://www.nelsoncounty.com/keepnelsonbeautiful/ ---------------------------------------------------------------------------- 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