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NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
March 24, 2010

Present: Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Tapager, Michael Harman, and Supervisor Allen Hale

Staff Present:  Planning Director Fred Boger and Secretary Betty Fortune

Call to Order:  Vice Chair Hunt called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston.

Approval of Minutes – February 24, 2010.  Commissioner Harman requested that the motion made in February with regard to Virginia Distillery Company be amended as follows:

The Nelson County Planning Commission approves Site Plan #2010-001 dated November, 2009, revised February 17, 2010, submitted by Jim Taggart, P. E., for Virginia Distillery Company, Eades Hollow Facility, Phase 2, Tax Map #58-A-73, consisting of the distillery building and the welcome center, contingent on the design and installation of a liquid waste treatment disposal system being installed within six months of approval by the Health Department.  Health Department approval of the design of the liquid waste treatment disposal system which must be installed within six months of that approval.

Commissioners agreed to the change.  Commissioner Harman made a motion to approve the minutes as amended, Commissioner Russell provided the second, and motion passed 5-0.

DISCUSSION ITEMS

1.      Proposed Zoning Ordinance Amendments – Articles 2, 12, 13, 16

Supervisor Hale stated that the revisions were received the day before the meeting and there has not been enough time for them to review such documents.  He requested that items for upcoming meetings be sent at least 5 days prior to the meeting.

Commissioner Russell stated that she and Mr. Boger met with Massie Saunders, Surveyor, regarding Article 13, Site Plan Development, and some changes were proposed.  Mr. Saunders was in favor of having Preliminary Site Plan reviewed by the Planning Commission prior to the final rather than tentatively approved, and suggested that more detail be required on the Minor Site Plan.  As a result, Article 13 has been completely rewritten by Mr. Boger and he recommended that he meet with Commissioner Russell and Mr. Saunders again to discuss the changes.  The Planning Commission will receive the updated amendments before their next meeting.

2.      Proposed Zoning Ordinance Amendment – Article 10 – Floodplain

Commissioner Russell asked Mr. Boger if the amended ordinance restricts structures in the floodway.  If floodway structures are prohibited, this could be beneficial to the flood insurance program. Mr. Boger recommended that this be discussed with the Board of Supervisors at the public hearing scheduled for April 22.  Potentially affected property owners have been identified and a database established with this information.  Advertising for the public hearing will need to be done on March 26 and individual letters mailed by that same date.  The County’s GIS website has been loaded with the floodplain map information.

Commissioner Michael Tapager made a motion to authorize Staff to advertise for the joint BOS and PC public hearing, as stated in the following resolution :

NOW, THEREFORE, BE IT RESOLVED THAT, for the purposes of public necessity, convenience, general welfare, and good planning and zoning practices, the Nelson County Planning Commission authorizes Staff to advertise for a joint public hearing with the Board of Supervisors to be scheduled for April 22, 2010 at 7:00 P. M. in the Board of Supervisors meeting room, 84 Courthouse Square, Lovingston, Virginia.

Commissioner Russell provided the second, and motion passed 5-0.

3.    Zoning Ordinance Amendment – Communication Tower

Commissioners reviewed the proposed ordinance and Commissioner Russell noted that the current ordinance doesn’t allow 130’ and higher towers.  Mr. Boger said that such requests require a special exception from the Board of Supervisors.  The requirements for a special exception for a communication tower are the same as for the granting of a variance.

Commissioner Russell said that the current ordinance doesn’t allow towers within one (1) mile of a scenic by-way; however, in the proposed ordinance, there are no such restrictions.  She asked if some restrictions should be in the ordinance.  The original intent of the Communication Tower article was based on the philosophy of allowing shorter, less obtrusive monopoles to try to preserve the natural beauty of the County.  She added that the BOS needs to make a decision whether fewer and higher towers are to be the “norm,” realizing that collocation is difficult on shorter towers.  Supervisor Hale said that the BOS has not reached a consensus on which is better.  Personally, he would prefer not to see any towers, but they are a fact of life now.

Mr. Boger said that in his opinion the existing ordinance works well.  Supervisor Hale agreed.  Commissioner Russell asked what restrictions would be necessitated by broadband, and Mr. Boger said this type of attachment could be treated like a television antenna when attached to a building. Commissioner Russell said she was concerned about a carrier wanting to put a broadband array on the tower located on Rt. 151 across from Rockfish Presbyterian Church.  She agrees that the current ordinance meets current needs and is sufficient until broadband becomes available.

Commissioner Russell made a motion to have the Chair of the Planning Commission (Philippa Proulx) advise the BOS that the Planning Commission has studied the current communication tower ordinance and finds that no major changes to the ordinance are needed at this time.  Supervisor Hale provided the second, and motion passed 5-0.

BOS Liaison Report – Allen Hale

Mr. Hale advised that at the February BOS meeting, there was opposition to the storage facility to be located on Thomas Nelson Highway and Morse Lane, Arrington.  Apparently not all of the affected adjoining property owners were notified due to a tax map discrepancy.  Supervisor Johnson and the applicant have met with many of the property owners to discuss the project.  The Special Use Permit request will be considered by the PC and BOS again in April and May and the affected adjoining property owners notified.

Other Comments
Commissioner Tapager asked Mr. Boger for the status on the Comprehensive Plan revision.  Mr. Boger said some critical information has not been documented which has delayed the completion of the work on the CP, i.e. transportation figures.

Adjournment
At 8:30 Commissioner Russell made a motion to adjourn, Supervisor Hale provided the second, and motion passed 5-0.

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION AUTHORIZING STAFF TO ADVERTISE
FOR JOINT BOS/PC PUBLIC HEARING FOR AMENDMENTS TO APPENDIX A,
ZONING, ARTICLE 10, GENERAL FLOODPLAIN DISTRICT, FP,
RELATING GENERALLY TO ZONING

WHEREAS, on March 24, 2010, the Planning Commission reviewed changes to Article 10 of the Zoning Ordinance which were recommended by the Planning & Zoning Director to reflect floodplain guidelines set forth by Federal Emergency Management Agency (FEMA) prior to adoption of Nelson County’s Flood Insurance Rate Maps to be effective June 18, 2010; and

WHEREAS, these amendments are also needed for the Code of Nelson County;

NOW, THEREFORE, BE IT RESOLVED THAT, for the purposes of public necessity, convenience, general welfare, and good planning and zoning practices, the Nelson County Planning Commission authorizes Staff to advertise for a joint public hearing with the Board of Supervisors to be scheduled for April 22, 2010 at 7:00 P. M. in the Board of Supervisors meeting room, 84 Courthouse Square, Lovingston, Virginia.

Motion made by Commissioner:  Michael Tapager
Motion seconded by Commissioner:  Linda Russell
Motion Passed:  5-0                    APPROVED: ______________________                                                Vice Chair
ATTEST: __________________________
Planning Commission Secretary
DATE:     March 24, 2010