UPCOMING: - Wednesday, May 26th PLANNING COMMISSION 7:30pm Courthouse - Thursday, May 27th BOARD OF SUPERVISORS 7:00pm Courthouse -------------------------------------------------------------- PLANNING COMMISSION Wednesday, April 28, 2010 Present: Ms. Philippa Proulx, Ms. Emily Hunt, Ms. Linda Russell, Mr. Mike Tapager and Mr. Allen Hale (Board Liaison) Absent: Mr. Mike Harman SPECIAL USE PERMIT/MS. HELEN PARK: The applicant applied for a permit to operate a public garage for the indoor, long-term storage of automobiles on property located at the corner of Rt. 29 and Morse Lane in Arrington. The property is 5.28 acres and zoned Agricultural A-1. Mr. David Park said that the plan is for a 20,000 sq ft building that would not be visible from Rt. 29 as it would be well below the road. He said that he has talked with neighbors to explain that the business would be long-term, indoor storage only with no mechanic work or outside storage on the site. Ms. Russell asked about fencing and lighting. Mr. Park said that he plans to put up an 8-foot chain link fence and will probably put a motion-sensor light inside with no lighting outside. With no public comment, Commissioners voted 4-0 (Mr. Hale recused himself to avoid any appearance of conflict of interest since his survey company prepared the site plan) to recommend approval of the permit for a public garage with indoor storage only with two conditions: 1) No mechanic work done on vehicles on the site; and 2) No outside lighting without the approval of the Planning Director. REZONING/VITO’S RESTAURANT: The applicant has applied for a rezoning from Agricultural A-1 to Business B-1 for the property located on .33 acres at 8181 Thomas Nelson Highway to permit the construction of an 8’x8’ vestibule and two handicap ramps on the front of the existing building. Mr. Boger noted that the property is nonconforming in that it has a front yard setback of 35 feet instead of the required 50 feet. He said that the applicant had considered two options. The applicant could have filed an application for a variance from the Board of Zoning Appeals to reduce the front yard setback, which would have resulted in a significant increase in the nonconformity of the building. The applicant chose the second option, a requested rezoning to B-1. Mr. Boger reported that there is a mix of zoning in the area, including Industrial M-2 and Agricultural A-1, although the Comprehensive Plan designates this area as light industrial/mixed commercial. Ms. Russell asked whether thought had been given to doing an entry on the side of the building. Mr. Barry Harker, representing the applicant, said that that had been considered but would result in the loss of parking spaces and involve at least one power pole. During Public Comment, Mr. Johnny Ponton, adjoining landowner, said that he owns property on two sides of Vito’s and is in favor of the rezoning. He said that his parents built the building in 1959 for a hardware store and that it was then renovated for a restaurant. He said that it has been in operation as a business since. Mr. Ponton said that it was a mistake that that property was not zoned Business in the original zoning ordinance in 1972. Ms. Russell said that she understands the situation but has concerns about rezoning a single piece of property for a single owner. She said that the Comprehensive Plan shows the whole strip should be B-1. She also noted that rezoning the property to B-1 would result in the loss of some parking as that zoning district requires a 10-foot setback from A-1 property (which is behind the restaurant). Ms. Russell said that she would rather rezone the whole strip from the barber shop beside Vito’s south to parcel 9A (formerly Kurt’s Garage). Mr. Hale said that it is not spot zoning if there is a mix of zoning in the area. Ms. Russell said that spot zoning is a process (rezoning a single property for a single owner) rather than a designation. Ms. Proulx asked Mr. Boger what the process is to rezone the area. Mr. Boger said that the Planning Commission can initiate that rezoning by adopting a resolution of intent. Ms. Proulx said that she is inclined to support the rezoning although she shares Ms. Russell’s concern about procedure. She said that she would like to see the Commission initiate rezoning the strip along Rt. 29. Commissioners voted 4-1 (Ms. Russell voting no) to recommend approval of the rezoning. Ms. Proulx directed staff to add discussion of rezoning the strip along Rt. 29 to the agenda for discussion. CONDITIONAL USE PERMIT/DR. BYRD LEAVELL: The applicant has requested a permit to establish a corporate training center to be known as The Wayside Center on 24.460 acres at 1100 Mill Pond Road in Faber. The plan includes overnight accommodations for 24 in the existing 4-bedroom, 2.5 bath house; five yurts (a semi-permanent tent); and parking. Primitive camping would be allowed in the meadow on the property with the field occasionally used for recreational purposes. Mr. Jeff Winder, representing the applicant, said that the Center is not planning any activities that would disturb the neighbors and would not object to any restrictions on firearm use. He said that he has talked to the neighbors most directly affected, who expressed no concerns, and will talk to the other neighbors prior to the Board of Supervisors’ meeting. Ms. Russell asked whether someone would be on site fulltime. Mr. Winder said that that would not happen at first, although he would be the local contact in case of a problem. He said that eventually there would be a caretaker on site. Mr. Tapager asked about the traffic on the road. Mr. Winder said that each group would be sent guidelines for use of the facilities, including driving at a slow speed on Mill Pond Road. With no public comment, Commissioners voted 5-0 to recommend approval of the permit to establish a corporate training center with the following conditions: 1) No shooting ranges permitted; and 2) The Conditional Use Permit is non-transferable. PROPOSED ZONING AMENDMENT/ARTICLE 10. GENERAL FLOODPLAIN DISTRICT: Mr. Boger presented the draft ordinance which is based on the state ordinance. Commissioners discussed several possible changes, including disallowing new structures in the floodway. Commissioners voted 5-0 to recommend approval of the April 22nd draft ordinance without change. CONSIDERATION OF REZONING AREA OF RT. 29 AROUND VITO’S: Commissioners directed staff to prepare an enlarged map of that area showing the existing zoning and existing uses for consideration at the next meeting. PROPOSED ZONING AMENDMENTS: Commissioners agreed to review revisions to draft amendments to Article 12 (Zoning Permits); Article 13 (Site Development Plans); Article 16 (Amendment and Rezoning); and Article 2 (Definitions) at their next meeting. Meeting adjourned. Copyright 2000-2010 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. --------------------------------------------------------------------------- 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