UPCOMING: - Thursday, February 26th - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, March 5th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center - Tuesday, March 10th - 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 Wednesday, February 25, 2009 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager and Mr. Tommy Bruguiere (Board Liaison) ELECTION OF OFFICERS 2009 - Commissioners voted 5-0 (Mr. Tapager absent) to elect Ms. Proulx, Chair; Ms. Hunt, Vice Chair; and Ms. Betty Fortune, Recording Secretary. PRELIMINARY SUBDIVISION/MS. WANDA BALLOWE - The applicant has applied to divide 4.57 acres into two equal sized lots. The property is located in Horseshoe Mountain Subdivision, Phase I, Lot 7 on Rhue Hollow Road (Rt. 628). With no Public Comment, Commissioners voted 5-0 (Mr. Tapager absent) to approve the preliminary subdivision. DISCUSSION/FISHER AUTO PARTS - Mr. Boger reported that the applicant (Ms. Maxine Small) has submitted a request to construct a 28' x 38' (1,064 sq ft) addition to the rear of the building at 2677 Rockfish Valley Highway in Nellysford. Noting no issues with the proposed addition to be used for storage with no additional paving required, Mr. Boger asked for permission to approve the addition administratively. Ms. Proulx reported that the Commission has received a legal opinion with an interpretation that Article 13 of the Zoning Ordinance requiring a complete site plan, applies only to new development. When the applicant is an existing business, Section 12 applies which requires a scale drawing and can be approved administratively. Commissioners referred the Fisher Auto Parts addition to the Zoning Administrator for review. DISCUSSION/KINGSWOOD BAPTIST CHURCH - Mr. Boger reported that the applicant has submitted a request to construct a fellowship hall on property located on Rt. 668 in Arrington. He noted that the situation is the same as Fisher Auto Parts previously discussed and could be administratively approved. Mr. Boger said that this case, however, will require application for a variance from the Board of Zoning Appeals for the rear-yard setback. Commissioners agreed and referred the application to the Zoning Administrator for review. PROPOSED AMENDMENT TO ZONING ORDINANCE/CABINS - Ms. Russell said that the question came up at the public hearing of how the conditions applied to approval of a cabin could be conveyed to a new owner. Ms. Hunt said that a way to apply conditions with other permits is needed as the conditions do not seem to convey to new owners. Mr. Boger said that the county can place a restrictive covenant on the deed. Ms. Proulx agreed, noting that if the conditions are on the deed, at least the new owner would be aware of them. Mr. Harman said that the term "temporary" should be clarified so that someone does not live full-time in the cabin and then move out for one week to call it temporary. After discussion, Commissioners agreed to revise the definition to read, "Cabin: A single, permanent detached unit, which may or may not contain cooking facilities, and/or electric service, and/or bathroom facilities, dedicated to temporary occupancy of not more than 180 days per calendar year for purposes of recreation, education or vacation. Rental properties meeting the above description shall be considered cabins." After further discussion, Commissioners directed staff to consult with the County Attorney on whether a restrictive covenant can be placed on the deed. PROPOSED AMENDMENTS/ZONING & SUBDIVISION ORDINANCE/FAMILY DIVISIONS - After discussion, Commissioners voted 6-0 to recommend approval of the following Zoning and Subdivision amendments (changes in all caps): Section 4-2 (Zoning Ordinance) 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 >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 RESULTING FROM this division; and (iii) the ALLOCATION OF ANY remaining LOT RIGHTS AMONG THE NEWLY CREATED LOTS." Section 2. Definitions (Subdivision Ordinance) "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. REVIEW/AMENDMENT TO COMMICATION TOWER ORDINANCE, ARTICLE 20 (ZONING ORDINANCE) - Mr. Boger presented a draft ordinance and after discussion, Commissioners agreed to establish a subcommittee to work on a review and recommendation to the full Commission. Ms. Russell and Mr. Tapager agreed to serve as the subcommittee with Mr. Boger as staff. MARCH MEETING - Commissioners agreed to discuss the following items at their March 25th meeting - Small Wind Energy, Cabins, Communication Towers and development of standards for a "complete" application. Meeting adjourned. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------------------------------------------------------- OF INTEREST: - The Nelson County Economic Development Authority is examining a proposal for a set of potential transit routes linking the Wintergreen Mountaintop to the Rockfish Valley and other regional destinations. An important part of this effort is examining your opinions about this service. Please participate by completing a survey at http://www.surveymonkey.com/s.aspx?sm=5qIn2cSYlUgYjVWAUkZhtA_3d_3d - 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/ --------------------------------------------------------------------------------------------------------------------------1 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