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: - Tuesday, September 8th – 2:00/7:30pm BOARD OF SUPERVISORS Courthouse - Wednesday, September 23rd – 7:30pm PLANNING COMMISSION Courthouse - Thursday, September 24th – 7:30pm BOARD OF SUPERVISORS Courthouse ----------------------------------------------------------------------- PLANNING COMMISSION WORK SESSION Thursday, September 3, 2009 Present: Philippa Proulx, Linda Russell and Mike Tapager Absent: Emily Hunt, Mike Harman, Tommy Bruguiere County Attorney, Phil Payne, attended the meeting to review and answer questions about several draft ordinance amendments under consideration. PROPOSED REVISION OF 12-1 THROUGH 12-5 & ARTICLE 16/ARTICLE 13-1 THROUGH 13-7 – Mr. Payne said that there are some cumbersome procedural portions of the ordinance that should be streamlined. He noted that Article 12/16 should deal only with procedures with Article 13 dealing with site plan requirements. He said that the goal, when developing the revisions, was to determine the threshold for each level of application and what should be required for each level. In addition, the revisions update and standardize each category of application. Article 12 – This section deals with procedures related to Zoning Permits and Special & Conditional Use Permits. Commissioners requested that all references to “the property owner” be changed to “all property owners”. They asked whether there is a valid reason to have both Special and Conditional Use Permits in the ordinance. Mr. Payne said that there is not, that the ordinance could be amended to remove all references to Conditional Use Permits. Commissioners also asked whether the time allowed for Commission consideration of a permit could be extended from 90 days to 100 days to provide for additional time in months the calendar dates do not allow for the full 90 days. Mr. Payne said that he had found no state code that prohibited the change to 100 days. Article 13 – This section deals with site plans. The revision proposes requirements for minor and major site plans. Minor site plans would have fewer requirements and would be approved administratively by the Planning Director. Major site plans would require a preliminary and final site plan for the larger developments and would be reviewed and approved by the Planning Commission. Commissioners asked that all references to “the property owner” be changed to “all property owners”. Commissioners questioned the section under Major Site Plans that reads: “Approved Preliminary and Final Site Plans shall be required when the project: 1. Exceeds one acre of land-disturbed area, and 2. Is commercial or industrial in nature, or is a mobile home park, or contains three (3) or more residential units on one lot, or is an Intentional Community.” Commissioners suggested that the requirement for a minor or major site plan should be tied to the scale of the project rather than the type of use. After further discussion, Commissioners agreed on the following change: “Approved Preliminary and Final Site Plans shall be required when the project: 1. Exceeds one acre of land-disturbed area and is commercial or industrial in nature, or is a mobile home park, or contains three (3) or more residential units on one lot, or is an Intentional Community, or 2. The total square footage of the building exceeds 5,000 sq ft, excluding single-family residential and agricultural buildings.” Mr. Payne also proposed revision to the Approval Procedures for plans to clarify that an “official submission” (which starts the sixty calendar day clock) is one that has been filed on the correct form in the proper office accompanied by the fee and all pertinent information. He noted that the sixty days cannot, by code, be changed to allow for more time for site plan review by the Commission. Mr. Payne will review and revise the draft based on the discussion for further consideration by the Commission. PROPOSED AMENDMENT TO SUBDIVISION ORDINANCE/DAM BREAK INUNDATION ZONES – Mr. Payne noted that the proposed draft is a simplified version of the mandated state code version. The amendment deals with developments proposed within the boundaries of a mapped dam break inundation zone. The Department of Conservation and Recreation would conduct a review of the plan to determine if it would change the spillway design flood standards of the impounding structure. If it would, the development would not be permitted unless the developer or subdivider altered the plan of development so that the spillway was not altered or unless the developer contributes payments to the upgrade to the dam structure. There are, however, questions about what requirements could be imposed on the dam owner. Mr. Payne suggested that the issue be tabled so that he can provide Commissioners with the actual state language. PROPOSED AMENDMENT TO SECTION 12-12 – This section originally required a special use permit for the placement of a mobile home. Mr. Payne suggested that he review the section to determine if it could be removed altogether since a SUP is no longer required for a manufactured home and since a building permit is required for electric hookup. COMMUNICATION TOWER ORDINANCE – tabled until all Commissioners available to review the draft. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ---------------------------------------------------------------------------- OF INTEREST: - Tuesday, September 22nd - 11:30 AM until 9 PM - the Nelson Dental Clinic will be the beneficiary of a fundraiser at the Devils Backbone. A percentage of the revenues from sales of foods and non-alcoholic beverages will be donated for Dental Clinic operations. The clinic, located on the grounds of the Rockfish Valley Community Center, provides access to much-needed dental care for low income people without dental insurance. - 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