UPCOMING: - Thursday, April 23rd - BOARD OF SUPERVISORS 7:30pm Courthouse - Thursday, May 7th - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm The Nelson Center ----------------------------------------------------------------------------------------------------------- MARK YOUR CALENDAR: Thursday, May 21st at 6:00pm at the Nelson Center - The Future of Energy - What are the options for renewable sources? What is or will be available for the homeowner? Mr. Gary Wood, CEO of Central Virginia Electric Cooperative, will talk about the future on the local and homeowner level as well as the broader industry picture for energy and electricity. Co-sponsored by Rural Nelson and Nelson County Community Development Foundation. ----------------------------------------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, April 22, 2009 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell and Mr. Tommy Bruguiere (Board Liaison) Absent: Mr. Mike Tapager SPECIAL EXCEPTION/CLASS III COMMUNICATION TOWER-HIGH TOP MOUNTAIN - DEPARTMENT OF STATE POLICE - Mr. Boger reported that the State Police have submitted an application for a 160-foot, self-supporting communication tower, including a 50'x50' compound with an 8' chain link fence, a concrete shelter and an 1,000-gallon above-ground propane tank with concrete enclosure on property located on Fortune's Cove Lane in Lovingston. The tower would also include at least two co-locators - Nelson County and Central Virginia Electric Cooperative. Mr. Boger explained that the property is owned by The Nature Conservancy and under easement by The Virginia Outdoors Foundation and that the tower would replace the existing CVEC tower and building allowed by a 1947 right-of-way easement. The exceptions requested are: - Section 20-7-5k(1) requiring landscaping around the perimeter of the facility - the new tower facility will have minimal, if any impact on adjacent properties; - Section 20-8-3 disallowing a Class III tower within 2 miles of another Class III or Class II tower - may be reduced if the Supervisors determine that allowing the tower will not be a substantial detriment to adjacent properties or change the character of the district; and - The maximum height for a Class III communication tower is 130 feet. The Supervisors may grant a Special Exception to allow a taller tower. The tower would serve law enforcement and emergency services and would require the installation of two towers if at a shorter height. Ms. Russell asked if the Commission were being asked to approve the 160-foot tower for the State Police only. Mr. Boger said that the tower will be used by the VA State Police, the County and CVEC. Ms. Russell noted that the Commission has, with previous applications, approved a tower based on all users and the number of antennae planned for the tower. Mr. Ronnie Rice with the VA State Police, said that the High Top site was chosen for several reasons - the existing road, connected power at the site, the minimal environmental impact, the central location of the site and the ability to share the site with Nelson County and CVEC. He noted that the State will provide the funding to construct the site and that the State Police, the County and CVEC can accomplish what they need with a 160-foot tower rather than the initially planned 199-foot tower. He said that all three users will share one building and one generator to compress the site as much as possible. Ms. Russell asked how many other towers would be needed to complete the project. Mr. Rice said that the State Police would need just the one. Ms. Susan Rorrer, county staff, said that one other tower is planned for the courthouse property. She said the network would consist of High Top, Devils Knob, Sugar Loaf and possible Rocky Mountain in Amherst County. Mr. Joseph Keith, CVEC, said that the Cooperative needs the network for data and telecommunications to connect their offices and to provide emergency field communications. He said that they will also have to upgrade the Wintergreen site and construct a tower at the CVEC Colleen office but that the height for that tower is unknown at this time as they are still in the planning stages. With no Public Comment, Ms. Russell said that she is pleased that the height has been reduced from 199-feet to 160-feet and that her only concern is the number of antennae being approved as she would like the approval to be very specific. Commissioners voted 5-0 to recommend approval of the tower as presented with the exceptions noted above and with the number of antennae limited to: State Police as detailed in the submitted drawing; CVEC maximum of 5 microwave dishes; and County of Nelson maximum of 5 microwave dishes and 5 whip antennae. PROPOSED ORDINANCE AMENDMENTS - Subdivision Ordinance Section 4-4 Water and Sewer - D. Individual Septic Systems 3) Exceptions to the above provisions: "b. A lot with an existing on-site septic system approved by the Virginia Department of Health." Mr. Boger reported that the requirement that the existing system be "approved by the Virginia Department of Health" has become a major problem, with the Health Department having no record of many existing systems. He said that the Supervisors have requested that the Commission consider removing the "approved by the Virginia Department of Health" language. Ms. Russell suggested that the county consider requiring a sketch noting the approximate location of an existing system, which would not require a survey. After discussion, Commissioners directed staff to advertise the proposed amendment. Zoning Ordinance 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 After discussion, Commissioners directed staff to add language requiring a Conditional Use Permit with a restrictive covenant of temporary occupancy of not more than 180 days/year. They will consider the revisions at the next Commission meeting. Commissioners agreed to set a future work session to consider Small Wind Energy Ordinance and Ticking Clock revisions. Meeting adjourned. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ----------------------------------------------------------------------------------------------- OF INTEREST: - Friday, April 24th - Rockfish Valley Foundation Arbor Day Celebration - 9:30 - 11:30am - Trail walk and conversation with Martha Warring, Forester with the Department of Forestry in Nelson County; tree identification and discussion; tree planting; and discussion of Riparian plantings. Unveiling of plans for Camille Memorial Park at Rockfish River Trail Head. First 20 registered receive copy of the important new DOF tree book. DOF booklets and materials available for everyone. Bring your questions. Easy walking, practical applications. Sign up requested at 434.361.2251. - Wednesday, April 29th - 9:00am-12:00noon - SBDC Counseling Days in Nelson - one-on-one confidential, free business counseling at The Nelson Center on Rt. 29 in Lovingston. For an appointment, e-mail sbdc@cstone.net or call 434-295-8198. - Saturday, May 9th - 12:00noon-6:00pm - Community Day of Fun at the Nelson Heritage Center (Rt. 29-Arrington) - Silent auction, quilt raffle, health fair, cake walk, softball, volleyball, face painting and more. Food for sale. There will be a tribute to Mr. Harry Harris, former South District Supervisor and School Board member, at 12:30pm. Call Constance Henderson at 263.5805 or Pauline Page at 263.8223 for more information. - Saturday, May 16th - 1:30pm at Oakland Museum on Rt. 29 - 40th Anniversary of Hurricane Camille - Music and poetry inspired by the Camille tragedy. Admission is $5 for adults. Children 12 and under will be admitted free of charge, as will family members of flood victims. Visit www.historicnelson.org 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