IMPORTANT EMAIL NOTE: Rural Nelson provides these reports to you because you have asked to receive them. If, at any time, you wish to be removed from our email list, simply respond to one of our reports with that request. PLEASE do not mark Rural Nelson as spam. Doing so may block all recipients who use your provider from receiving the reports they do want to receive. Producing and sending these reports costs Rural Nelson a great deal of time and money and we have no interest in sending them to those who do not want to receive them. ---------------------------------------------------------------------------- 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 24th – 7:30pm BOARD OF SUPERVISORS Courthouse - Thursday, October 1st – 3:00pm ECONOMIC DEVELOPMENT AUTHORITY Nelson Center - Tuesday, October 13th – 2:00pm/7:30pm BOARD OF SUPERVISORS Courthouse -------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, September 23, 2009 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda Russell and Mr. Mike Tapager Absent: Mr. Tommy Bruguiere SPECIAL USE PERMIT/MR. & MRS. SCOTT KENNEDY – The applicants have applied for a permit to operate a public garage for automotive repair to be located on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635) in Afton on property zoned Agricultural A-1. (Note: a public hearing on this issue was held during the September Planning Commission meeting.) Mr. Boger noted no changes to the information presented at the September meeting and presented information on possible conditions that could mitigate impact if the application were approved. He noted the standards and guidelines for both approval and denial. Ms. Proulx asked the applicant several questions about the plans for the operation related to potential leaking fluids and storage of scrap parts. Ms. Russell said that she had used several sources as a basis for her decision. She said that the Zoning Ordinance defines the Agricultural District as, “designed to accommodate farming, forestry and limited residential use” and the stated intent is “to discourage the random scattering of residential, commercial or industrial uses in this district”. She said that she then looked at the Comprehensive Plan which specifically notes this area as recommended for protection. Ms. Russell said that she also considered the standards for issuing a Special Use Permit which include, “shall not tend to change the character and established pattern of development of the area or community” and “shall be in harmony with the uses permitted by right” and “shall not affect adversely the use of neighboring property”. She said that even applying good conditions to the permit would be difficult for the county to enforce. Ms. Hunt agreed with Ms. Russell, saying that she was impressed with both the Kennedy’s and their neighbors but that the location is not the right place for that business. Mr. Tapager said that he too has been impressed that everyone has emphasized that they want to remain friends. He said that the property is just difficult given the topography and the powerline. He said that screening would either make it worse or could not be used because of the powerline. Ms. Proulx said that she has really struggled with this as it is difficult to tell an applicant that he cannot do their business on their property. She said that she thinks screening could be effective if done right. Commissioners voted 4-1 (Ms. Proulx voting no) to recommend denial of the permit for three reasons: 1) The use would alter the character and established pattern of development which is almost exclusively residential; 2) The use would adversely affect the value of neighboring property; and 3) The use would be incompatible with the Comprehensive Plan which specifically cites the area as a scenic vista to be preserved. SITE PLAN/AFTON FAMILY PRACTICE – The applicant submitted a plan for a one-story with basement building of approximately 10,746 sq ft in total area with fifty-nine parking spaces on property located at the intersection of Tanbark Drive and Rockfish Valley Highway in Afton. With no public comment, Commissioners voted 5-0 to approve the site plan with plans for any directional signs on the property to be submitted to the Planning Director for approval. PRELIMINARY PLAT/MR. & MRS. ROLLAND COLELLA – The applicants, represented by Mr. Morris Foster, presented a preliminary plat to divide 6.36 acres into two lots of 4.2 and 2.16 acres located at 215 Flying Eagle Court in Nellysford in the Edgewood Park Subdivision. Mr. Boger noted receipt of a communication from another resident of the subdivision stating that the covenants prohibit further division of the property. He recommended that the applicant have his attorney research the issue before recording the deed. Mr. Foster said that he has reviewed the revised and recorded covenants from 2007 and that there is no such prohibition. With no public comment, Commissioners voted 5-0 to approve the preliminary plat. CONDITIONAL USE PERMIT/MR. PAUL CONGIALOSI – The applicant has applied for a permit to operate a carry-out pizzeria at 917 Gladstone Road in Gladstone, which is zoned Agricultural A-1. Mr. Boger noted that the property is the former post office building and there is an apartment upstairs in the building and is served by public water and sewer. He noted that the applicant plans to have take-out only but will have to have at least one table in the waiting area in order to comply with the county’s ordinance definition of a restaurant. With no public comment, Commissioners voted 5-0 to recommend approval with the following conditions: 1) Any signs on the building are to be unlit; and 2) Operating hours are to be no later than 10:30pm PROPOSED ZONING ORDINANCE AMENDMENT/LOT SIZE IN A-1 AND R-1 – With no public comment, Commissioners voted 5-0 to recommend approval of an amendment to allow single-family and one two-family detached dwelling unit on a single lot with a minimum lot size of 30,000 sq ft when utilizing the Nelson County sewage disposal system in both Agricultural (A-1) and Residential (R-1) districts. PROPOSED ZONING AMENDMENT/ELECTRICAL HOOKUP FOR MANUFACTURED HOME – Commissioners voted 5-0 to direct staff to advertise a public hearing on removal of Article 12, Section 12-12 contingent of approval of the County Attorney. OCTOBER COMMISSION MEETING – Commissioners agreed to review and be prepared to discuss proposed amendments to Section 12 (Zoning Permits), Section 13 (Site Plans) and the draft Communication Tower ordinance. Meeting adjourned. Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. -------------------------------------------------------------------------- OF INTEREST: - Support your local Farmer’s Markets: September 30 The Nelson County Farmer's Market is a producer-only market, featuring live music, fresh local produce, baked goods, fresh cheese, meat & poultry, fine crafts, plants, cut flowers and more...something new every week. Open every Wednesday from 3:00 - 7:00 pm at the Nelson Center, 8445 Thomas Nelson Highway, Lovingston. September 26 Nelson County Farmer's Market is a producer-only market, featuring live music, fresh local produce, baked goods, fresh cheese, meat & poultry, fine crafts, plants, cut flowers and more...something new every week. Open every Saturday under the big white tent in downtown Nellysford. 8 am – noon. September 26 The Schuyler Community Farmer's Market is open from 8:00 to 12:00 at the Walton's Mountain Museum with fresh local food, crafts, baked goods and more, each Saturday through October. New vendors are welcome! Support local producers, meet neighbors, and have a cup of coffee at Nelson's newest market. Contact 434-831-2825 - 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 Taylor Cash Field Officer Rural Nelson, Inc. P. O. Box 401 Lovingston, VA 22949 434.263.5000 www.ruralnelson.org