Visit our Facebook page --- Friends of Rural Nelson --- join in the Discussion Groups and post your favorite photo of Nelson County. www.facebook.com --------------------------------------------------------------------------- UPCOMING: - Thursday, September 3rd - ECONOMIC DEVELOPMENT AUTHORITY 3:00pm Nelson Center - Tuesday, September 8th - 2:00/7:30pm BOARD OF SUPERVISORS Courthouse --------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, August 26, 2009 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Tapager, Ms. Linda Russell and Mr. Tommy Bruguiere (Board Liaison) – Absent: Mr. Mike Harman CLASS II COMMUNICATION TOWER/AT&T – The applicant has applied for a permit to construct a 95-foot steel painted pole and associated equipment with a requested special exception to Section 20-7-2a to reduce the minimum distance of 125% of the tower height to the nearest property line in order to locate the tower closer to the tallest trees on the property. The property is located on Stage Road in Colleen (off Cooperative Way). Consideration of this application was deferred from the July meeting to allow the applicant to provide additional information. Mr. Boger reported that the E&S Plan has been submitted to TJSWCD and is pending review and approval; staff has received a letter from an engineer regarding the tower collapsing upon itself; and the tower plans have been resubmitted addressing each deficient issue. Ms. Katie Carmichael, representing the applicant, provided the dimensions of the antennae and noted that the tower foundation will be designed based on the break point and soils work, and incompliance with the directives of the Building Official. Commissioners voted 5-0 to approve the tower and recommend that the Board of Supervisors approve the special exception as requested. CONDITIONAL USE PERMIT/THOMAS & KATHERN ROBERTSON – The applicants have applied for a permit for an existing cabin on their property located on North Fork Road (Rt. 687) in Tyro to be used occasionally for a weekend getaway. The cabin will have electricity but no water or septic system. The Health Department has approved a privy site on the property. With no public comment, Commissioners voted 5-0 to recommend approval of the permit with the condition that proof that the required restrictive covenant limiting the occupancy of the cabin to 180 days per year has been placed on the property before a building permit for the electric service can be issued. SPECIAL USE PERMIT/JEREMY & CYNTHIA KENNEDY – The applicants have applied for a permit to operate a public garage for automotive repair on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635) in Afton. The property is zoned Agricultural A-1. Mr. Boger reported that the applicants have submitted a preliminary site plan showing an addition to the existing garage building resulting in a 60’x30’ building. An enclosed 30’x65’ fenced lot at the rear of the existing garage building is proposed for vehicle storage. Mr. Boger said that there is a question as to whether the applicant can plant the proposed screening trees along Greenfield Road due to the CVEC electric transmission line in that area. Mr. Boger said that there is a question as to whether the applicant can plant the proposed screening trees along Greenfield Road due to the CVEC electric transmission line in that area. Mr. Boger noted that access to the business was originally planned from Taylor Creek Road but it now appears that VDOT will require a commercial entrance off Greenfield Road. Final approval is pending on the entrance. The applicant will have to obtain a right-of-way across his mother’s adjoining property in order to locate the commercial driveway in the proposed location. The property is zoned A-1 with surrounding properties similarly zoned with flood plain on a number of them. The existing land uses in the area include residential, agricultural and a welding shop. Mr. Boger reported that the State Building Code will require Mr. Kennedy to install a paint booth in the garage for the painting of vehicles. Mr. Boger said that the Commission could consider applying several conditions to minimize any impact on the community, including: 1. Limiting the number of vehicles on the site at any one time; 2. Requiring all vehicles being worked on or waiting to be worked on to be stored either in the shop or within the enclosed storage area; 3. Storing all scrap metal, parts, trash and inoperative vehicles within the enclosed area; 4. Using no outside lighting; and 5. Restricting the hours and days of operation. Mr. Boger also reminded the Commission that the Zoning Ordinance provides guidelines and standards to consider in deciding if the permit should be approved: 12-3-6 In the governing body’s consideration to grant, deny or grant conditionally a Conditional Use Permit or Special Use Permit, the governing body shall consider the following guidelines and standards: a) The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate; b) The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property. Mr. Jeremy Kennedy said that he has tried to plan for screening but does have an electric easement running through the property. He said that the commercial driveway will take up about ½ acre of land under the powerline. Mr. Kennedy said that he is not trying to cause problems for his neighbors and is willing to follow the guidelines with any restrictions. He said that he is not sure why some think the business would have a negative effect on the community. Mr. Kennedy said that he would have business hours Monday-Friday 8am-5pm with motion-sensor lighting only for security and would not have a major sign. He said that he has spent more money than he had to trying to hide the building and make it fit in. He said that he is not planning to operate a towing service and would not be working on anything larger than autos and pickups. During public comment, MR. WILLIAM STEVENSON who lives across the road, said that the permit for a public garage would allow any kind of mechanical use. He said that he is sure Mr. Kennedy means what he says right now, but businesses grow. Mr. Stevenson said that the Commission can put conditions on the permit but the Board of Supervisors can and often does remove those conditions. He asked that the Commission not approve the permit. MR. VICTOR STEFANOVIC, Taylor Creek Road, said that he is concerned about having a commercial outfit with high traffic and a high number of cars eventually accumulating on the property. He said that the neighborhood is an agricultural area and he would like to preserve that. Mr. Stefanovic said that he is concerned with the changes that will come to the area after the garage is fully operational. He said that he is also concerned about the contamination of the groundwater and the inability to include screening in the plan. MR. DAVID LARUE, Taylor Creek Road, said that he is sure Mr. Kennedy has good intentions but that he does not know about the planning that has gone into this. He said that he is worried about groundwater contamination, traffic and destroying the gateway to Taylor Creek. MS. LYNN STEVENSON, who lives across the road, said that the area is zoned agricultural but is basically residential with a few horse and cattle farms. She said that the business would have a negative impact on the neighborhood, with the commercial driveway having a tremendous negative visual impact. Ms. Stevenson said that the lay of the land means that any cars stored on the property will be visible. She expressed concern that wrecked vehicles have the potential to contaminate the property and potentially the creek lower on the property. She said that the operation would be better suited to a more commercial area of the county. MR. GEORGE NICKLAS, Taylor Creek Road, said that he had been supportive of Mr. Kennedy’s initial request to the BZA for a “hobby shop” to work on a vehicle or two but is opposed to the business subject to this permit. He said that he is not opposed to the Kennedys – just the application. Mr. Nicklas said that he is worried about the impact on his property directly across Taylor Creek Road and said that he would be directly affected. He said that he has questions and concerns specific to the site but his primary concern is visual. He said that he does not believe the visual impact can be dealt with given the topography of the site with a rise of nearly 100 vertical feet from Taylor Creek to the entrance. Mr. Nicklas said that the site will be highly visible as the first impression as you turn onto Taylor Creek Road. He said that he knows that this is not what the Kennedys want, but that it is the reality of the day-to-day operation of this kind of business. He said that he cannot find a compromise solution given the specific site and asked that the Commission consider Section 12-3-6 and recommend denial of the permit. Following the Public Hearing, Ms. Kennedy said that there are state and federal agencies to monitor any environmental impacts. She said that they made certain the addition would fit into the area and that cars will not be seen because of the screening and fencing. She said that if the business outgrows the area, it will have to go elsewhere. Ms. Kennedy said that the commercial driveway will be paved off the main road and then gravel from there. Ms. Proulx said that she would like more time to consider the public comment and to verify whether VDOT is going to approve an entrance to the site. Ms. Hunt and Ms. Russell agreed. Mr. Bruguiere asked whether this has to have a full site plan and E&S plan. Mr. Boger said that a full site plan will be required and that an E&S plan would probably be required too. Mr. Bruguiere said that there are already a lot of environmental restraints on this type of business and there will be fencing and screening. He said that this is an excellent opportunity for a young couple to get into business in the county and that the county can limit the number of vehicles and require screening. Mr. Kennedy said that there are always concerns about the paint but that in 2010, water-based paints will be mandatory. He said that any other solvents used will, by federal law, be trucked off the site. He said that he will be meeting all requirements for the paint booth and that there will be no runoff from the shop. Mr. Kennedy said that this is a startup business for him. said he saHe said that if he needs to expand, he will buy a commercial property. Commissioners voted 5-0 to table further discussion until their regular September meeting. CONDITIONAL USE PERMIT/MS. BONNIE LANG – The applicant has applied for a permit for a 20’x20’ family-recreation cabin to be located on Eagle Mountain Drive (Rt. 648) in Shipman. The cabin will have electricity but no water at this time. Mr. Boger noted that a septic system will be required if water is installed for the cabin, that the Health Department must approve the method to be used to handle sanitary waste, that VDOT reports no problem with an old existing entrance to the property, and that a restrictive covenant will be required if approved. With no public comment, Commissioners voted 5-0 to recommend approval of the permit with the condition that proof that the required restrictive covenant limiting the occupancy of the cabin to 180 days per year has been placed on the property before a building permit can be issued. PROPOSED ZONING ORDINANCE AMENDMENT/SECTION 14-2-4 – With no public comment, Commissioners voted 5-0 to recommend approval of an amendment to the section regarding the Board of Zoning Appeals’ consideration of variances to remove the phrase, “approaching confiscation” as part of the standard for demonstrable hardship. PROPOSED ZONING ORDINANCE AMENDMENT/ARTICLE 2 DEFINITIONS – With no public comment, Commissioners voted 5-0 to recommend approval of an amendment to remove the numbering scheme from the definitions and facilitate a more efficient way of adding future definitions alphabetically. PROPOSED ZONING ORDINANCE AMENDMENT/ARTICLE 14-1-1 – With no public comment, Commissioners voted 5-0 to recommend approval of an amendment to Section 14-1 Board of Zoning Appeals membership and organization to add one alternate to the membership and to allow for compensation for Board members as may be authorized by the governing body (Board of Supervisors). PROPOSED SMALL WIND ENERGY ORDINANCE – Commissioners reviewed the final draft and directed staff to forward on to the Board of Supervisors with their recommendation for approval (as voted at the August 6, 2009 work session). PROPOSED AMENDMENT/DAM BREAK INUNDATION ZONES – Tabled for a work session with Mr. Payne (County Attorney). PROPOSED AMENDMENT/LOT SIZES IN A-1 WITH PUBLIC WATER AND/OR SEWER – Commissioners agreed to draft language as follows: Article 4. Agricultural District, A-1 4-2-1b For single family dwellings utilizing Nelson County sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft. 4-2-1c One two-family detached dwelling unit per lot with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system Article 5. Residential District, R-1 5-2-1b For single family dwellings utilizing Nelson County sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft. 5-2-1c One two-family detached dwelling unit per lot with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system Commissioners directed staff to advertise for public hearing at their regular September meeting. WORK SESSION – Commissioners directed staff to schedule a work session for either Thursday, September 3rd or Tuesday, September 15th to meet with the county attorney and continue work on proposed amendments and ordinances. Meeting adjourned. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ----------------------------------------------------------------------------- OF INTEREST: - Nelson County Community Job Club – Mondays at Rockfish Valley Community Center in Nellysford; Wednesdays at Nelson Center on Rt. 29 – 10:00am-1:00pm – Job Search assistance and one-on-one job counseling. Sponsored by RVCC; The Nelson Center and the Virginia Employment Commission. Hours also available on Thursdays 10am-12pm at RVCC and 2pm-4pm Nelson Center. Call VEC at 434.906.1716 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