RURAL NELSON MINUTES WEDNESDAY, JUNE 2ND, 2007 RURAL NELSON OFFICE NEXT MEETING: WEDNESDAY, JULY 7TH, 2004 Conny opened the meeting at 7:30 p.m. and we all introduced ourselves. Then Kim Cash and Mike Tapager spoke on "Understanding the Proposed Zoning Ordinance." They reviewed the districts, development models, overlay districts and the draft zoning map. Conny pointed out that people have complained to him with statements that show that they don't really understand the very complex document that is our proposed zoning ordinance. Mike began by saying that it is easy to lose the big picture in the details. The state requires us to have a comprehensive plan, and also requires that it be revised every five years. The comp plan is supposed to be general in nature. It took four years to do our five-year revision because we were at a real turning point in respect to growth. Rural Nelson was formed at that point in time in order to find a way to connect citizen input with county government planning. The comp plan that the county came up with has won praise for its foresightedness. The comp plan offers a vision. The zoning ordinance is the law that brings reality to that vision. The proposed zoning ordinance is based on a circular idea - to encourage development to occur off the roads, with the circular vision for communities having different purposes in different areas. The chief vision is to make small towns more walkable and less dependent on cars and to minimize strip development in residential and commercial areas. Zoning has two purposes: to protect people within the zones in which they live, with compatible uses within the district. The second is to establish where the different zones may be in the county. The current districts are essentially commercial, residential and agricultural, with occasional mixed use zones. Kim pointed out that ninety-five percent of the county is zoned for farming, which is white on the zoning map she had handed out. (Note: this map may be viewed on the Rural Nelson website under Ordinances - Draft Zoning Map.) The Rural & Farming districts in the proposed ordinance are the equivalent of what we have now as agricultural zones. There are many different things you can do on this land in the new ordinance. The key issue is density. She then explained the difference between conventional and cluster subdivision. Cluster emphasizes houses grouped together with fewer roads and with open space to be used by all. The proposed zoning law would give developers more rights if they build cluster subdivisions ? more houses in exchange for more open space. This guarantees the county that the maximum amount of open space is preserved, and leaves room for the inclusion of bike paths, hiking trails, farming or other open space uses. The developer can always go back to get a permit to increase the density of the development (more lots), but must prove to the county that the land can sustain it. In Rural Residential, the next highest density, for example in a small village such as Arrington, the uses are pretty much the same as Rural & Farming, but the density is higher. Neighborhood residential is designed to provide the highest residential density. Many of the small towns we have now are in this category. These areas require that the district must be mapped out. Public services (sewer and water) will be available in neighborhood residential zoning. Planned shopping districts don't exist now, but are in the zoning law in order to deal with future growth along Route 29. It gives the county another tool to deal with road access, signage, and other such issues when businesses want to build free-standing shopping centers in the county along major highways. Little mini-malls cannot spring up without a permit outside of an appropriate district. There will be a multi-step process in order to be granted a permit, giving the county ample time to assess the situation and decide if the project would be of benefit. Light industrial is another district category. Colleen Industrial Park is in such a district. There is also a heavy industrial district category. There are two presently designated in the southern section of the county, one on Rte.151 and one on Rte. 29. Overlay districts provide another layer of control to specific areas, both for tourism as well as for the sake of the residents. They will be helpful in avoiding strip development. The flood plain overlay is dictated by the FEMA maps, which makes it easy to understand. The BOS will establish a committee to come up with the requirements for these districts and to review requests for exceptions. Planned community districts are what Wintergreen is the sole representative of currently. It is referred to in the proposed zoning ordinance to give the county leverage if another planned community is proposed. Mike went on to explain one of the development models. The most controversial thing is how you deal with tracts in the Rural & Farming district. He used an example of a tract of 100 acres. Under our current zoning, you could build one house on .92 acres (40,000 square feet), no matter what natural obstacles were on those acres. Under the proposed zoning things become much more complicated. The density allowed in a Rural & Farming district for a conventional subdivision is one unit per 20 acres not to exceed 5 residential lots by right. In a cluster subdivision the regulation is one unit on a minimum size lot of 1.5 acres and a maximum size of 5 acres not to exceed 10 residential lots by right. A minimum rural open space requirement of 75% of the parcel applies with that parcel retaining one development right. The first step under the proposed zoning law is to figure out how much of your land is developable. First you determine what you have. A stream, for instance, is not developable, nor is a pond. A steep slope earns the owner fewer credits than flat land. The owner gets some credits for the less than perfectly developable parts of the property, but no credits for the clearly undevelopable parts such as the stream bed and the pond. There is a formula for coming up with net developable acres. Once you have determined how much land you can develop, then you decide whether you will develop according to a conventional or a cluster subdivision. Once the formula has been calculated the actual houses can go anywhere. Each district has restrictions on heights, setbacks, roads, etc.. The county "discourages" houses on high ridgelines, but there are no legal restrictions on them. In Rural Residential districts the open space requirement is that for every acre you develop you have to hold an acre of open space. It was pointed out that family subdivisions are protected by state law, so provisions for them fall under a different category. Kim said that it looks as if this draft will go to public hearing in the next month or so, and the point of this review is to begin to make a very complicated process slightly more approachable. The BOS will hold a joint meeting with the Planning Commission for a public hearing. Every landowner in the county will be notified of the hearing. The county, following adoption, would continue the process of refining the ordinance. There is a lot of misinformation circulating about the plan. There are many different issues that play into understanding the aim of the ordinance. (NOTE: Rural Nelson prepared and used a synopsis of the proposed zoning ordinance for this meeting. That document is available on Rural Nelson's website at http://www.ruralnelson.org/Zoning/UnderstandingZO.htm) Respectfully Submitted, Mary Buford Hitz Secretary -------------------------------------------------------------------------- OF INTEREST: - RED CROSS BLOOD DRIVE - Tuesday, June 15 2:00pm-6:45pm at the Courthouse. Call Debbie Bowling at 263.7000 for an appointment time. - WINTERGREEN WINE FESTIVAL - sponsored by Wintergreen Performing Arts - Tastings available from 10 Virginia wineries - Saturday, June 19th 12:00noon to 6:00pm at Evans Center at the top of Wintergreen Mountain. Cost $10 in advance or $12 at the gate. Wine-cheese pairing seminars (with samples) at 2, 3 and 4pm -reservations required - Cost $7. Additional food available for purchase. Music by Blue Ridge Jazz. Call 434-325-8292 or 1-800-594-TIXX. ------------------------------------------------------------------------------------------------- Kim T. Cash Field Officer Rural Nelson, Inc. P. O. Box 401 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org