Planning

Planning Commission Meeting Minutes-July 28, 2010

admin — Thu, 26 Aug 2010 14:49:46 +0000

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
July 28, 2010

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

Staff Present: Fred Boger and Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston, and announced that there were no public hearings on the agenda.

Approval of Minutes – June 23, 2010: Commissioner Harman made a motion to approve the minutes as presented, Commissioner Hunt abstained, and motion passed 5-0.

Zoning Ordinance Amendments – Change from CUP to SUP – Resolution to Advertise

The Commissioners reviewed the draft document prepared by Planning Secretary which deleted all present references to Conditional and Special Use Permits in Articles 2, 3, 4, 5, 6, 8, 8A, 8B, 9, 12, 18 and 22 and renumbered the uses alphabetically under the heading of Special Use Permit . Changes were made in the following items:
•   4-1-32a – Quarrying, borrow pits
•   8A-1-4a – Personal and professional services Offices, professional, and services
•   8B-1-7a – Hotel and motel, any
Mr. Boger explained the origin of differentiating a SUP from a CUP. Since the Virginia Code considers them to be the same, the amendment to the Zoning Ordinance under discussion will reflect this position.

Commissioner Russell made a motion to amend the draft with the above changes and to advertise these amendments for public hearing in the August 25 meeting. Commissioner Tapager provided the second, and motion passed 6-0.

Subdivision Ordinance Amendments – “Governing Body” references

The Commission discussed the terminology of “governing body” as it applies specifically to Section 4-2 in the Subdivision Ordinance. The definition refers to the Board of Supervisors as the “governing body,” but the approval process for subdivisions has been delegated to the Planning Commission. Mr. Boger was asked to consult with County Attorney Payne to provide suggestions for clarifying “governing body” as it applies to this ordinance. That recommendation will be presented at the August meeting.

Communication Tower Ordinance

Chair Proulx explained that after the PC made a decision to retain the current Communication Tower ordinance, a letter was received from Lori Schweller, legal counsel for Verizon Wireless, stating that she supported the amended ordinance and requested that the Commission reconsider their position to not revise the existing ordinance. Chair Proulx asked the Commissioners to review this draft (7/30/09) and also Ms. Schweller’s comments. County Attorney Payne has also provided his interpretation of how small antennae for broadband use should be addressed in the ordinance. Commissioners were asked to review his interpretation if they have not already done so.

Commissioner Russell stated that there are restrictions on placement of towers along a state designated scenic byway in the current ordinance; however, they are not protected in the proposed ordinance. She would like to have some limitations to protect the viewshed of these roads. Mr. Boger was asked to recommend guidelines for scenic by-way locations.

It was noted by Commissioner Russell that additional antennae are allowed in the existing ordinance by administrative approval and recommended that Mr. Boger add this regulation to the proposed ordinance.

The following changes in the proposed ordinance were agreed upon:
•   Section 20-4 – Definitions – Class I Communication Tower: A communication tower which does not exceed eighty-five (85) feet in tower height, as defined herein.
•   Section 20-4 – Definitions – Class II Communication Tower: A communication tower that is greater than eighty-five (85) feet but does not exceed one hundred thirty (130) feet in tower height, as defined herein.
•   Section 20-5-4 (f) – The minimum distance from the tower’s base to the property line shall be: (a) 85 foot high or less wood pole – 0%; (b) wood poles greater than 85 feet in height – 100% of tower height; (No change in remainder of section.)
•   Section 20-11 (b) – The required fall area does not apply to a wood tower 85 feet or less in height.
•   Section 20-12 (3) – A Class III Communication Tower requiring a Special Use Permit.
•   Section 20-13 (a) – A Class I Communication Tower shall not exceed eighty-five (85) feet in height.
•   Section 20-14 (a) – A Class II Communication Tower shall be greater than eighty-five (85) feet in tower height, but shall not exceed one hundred thirty (130) feet in height.
•   Section 20-15 – Class III Communication Tower: A Class III communication tower may be established upon approval of a Special Use Permit…(No change in remainder of section.)
•   Section 20-15 a. The facility shall comply with subsection 20-5, unless modified by the Board of Supervisors during Special Use Permit review.
•   Section 20-15 b. The facility shall comply with all conditions of approval of a Special Use Permit.

Chair Proulx requested that Staff provide an updated draft of the proposed ordinance at the August meeting.

Rezoning Review – Thomas Nelson Highway

Mr. Boger handed out a revised letter which could be sent to property owners in close proximity to Vito’s Restaurant, 8181 Thomas Nelson Highway, Lovingston, which was recently rezoned from A-1 to B-1. The purpose of the letter will be to determine whether property owners at 8047, 8101, 8151, 8207, and 8215 Thomas Nelson Highway are interested in their property being rezoned from A-1 to B-1. Further changes were suggested, and Mr. Boger was asked to rewrite the letter and send to Chair Proulx and Supervisor Hale for their approval prior to the next meeting.

BOS Liaison – Supervisor Hale
Mr. Hale commented that he and Mr. Harvey have been appointed to the Nelson County Service Authority Board.

Other Business – Mr. Boger said he would be attending a conference on September 22 and asked if the Commission would consider rescheduling that month’s meeting. Since no other date appeared to be convenient for the Commissioners, Chair Proulx said she would prefer not to change the date since the Knott SUP has been scheduled for that date. The Commissioners agreed. Supervisor Hale said that, in his opinion, generally speaking, changing meeting dates is not a good idea. Mr. Boger will provide his usual reports for their consideration.

Adjournment – At 9:05 P. M. Commissioner Hunt made a motion to adjourn, and motion passed 6-0.

Next Meeting – August 25, 2010

Respectfully submitted,

Betty M. Fortune
Planning Commission Secretary

A RESOLUTION
AUTHORIZING ADVERTISEMENT OF AMENDMENTS TO APPENDIX A,
ARTICLES 2, 3, 4, 5, 6, 8, 8A, 8B, 9, 12, 18, 22
RELATING GENERALLY TO ZONING

WHEREAS, it is the opinion of the Planning Director and Planning Commission that it is not necessary to separate uses between Conditional Use Permit and Special Use Permit in the Zoning Ordinance; and

WHEREAS, the term “Special Use Permit” is used more generally than “Conditional Use Permit” and accomplishes the same purpose; and

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 the following items for public hearing at the next scheduled Planning Commission meeting:

ARTICLE 2. DEFINITIONS
Inoperative motor vehicle: An inoperative motor vehicle shall mean one or more of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and/or wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal. However, this definition shall not apply in connection with properties: (i) lawfully used as an automobile dealership, public garage, automobile salvage operation or scrap processor; or (ii) when a Special or conditional Use Permit provides for the storage of inoperative vehicles.

Site Plan Review Committee: The Site Plan Review Committee shall consist of, but is not limited to, representatives from Federal, State, and local governments, utility companies, other agencies and departments, and other professionals as necessary to review, but not limited to, the site plan, subdivision plat, Special Use Permit and Conditional Use Permit application, Rezoning application, zoning amendment, in preparation of the Planning and Zoning Director’s comments and recommendations. O2010-5

ARTICLE 3 – CONSERVATION DISTRICT C-1
3-1-a   Uses – Permitted by Conditional Use Permit only.
3-1-1a       Borrow pit
3-1-2a       Camp, day
3-1-3a       Camp, summer
3-1-4a       Campgrounds
3-1-5a       Cemeteries
3-1-6a       Country clubs
3-1-7a       Golf courses (except driving ranges and miniature courses)
3-1-8a       Hunting clubs
3-1-9a       Lodges, fraternal
3-1-10a   Sawmills, permanent
3-1-11a   Private airstrips
3-1-12a   Cabin                                           O2009-05
3-1-13a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.   O2009-12
3-1-14a   Lattice structure used to support a wind turbine.   O2009-12
3-1-b   Uses – Permitted by Special Use Permit only.
3-1-1b       Sawmills, temporary
3-1-2b       Location signs, up to fifteen (15) square feet in total area

3-1-a Uses – Permitted by Special Use Permit only

3-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.   O2009-12
3-1-2a   Borrow pit
3-1-3a   Cabin   O2009-05
3-1-4a   Camp, day
3-1-5a   Camp, summer
3-1-6a   Campgrounds
3-1-7a   Cemeteries
3-1-8a   Country clubs
3-1-9a   Golf courses (except driving ranges and miniature courses)
3-1-10a   Hunting clubs
3-1-11a   Lattice structure used to support a wind turbine   O2009-12
3-1-12a   Location signs, up to fifteen (15) square feet in total area
3-1-13a   Lodges, fraternal
3-1-14a   Private airstrips
3-1-15a   Sawmills, permanent
3-1-16a   Sawmills, temporary
3-1-17a   Reserved for future use
3-1-18a   Reserved for future use
3-1-19a   Reserved for future use
3-1-20a   Reserved for future use

ARTICLE 4 – AGRICULTURAL DISTRICT A-1
4-1-a   Uses – Permitted by Conditional Use Permit only.
4-1-1a       Banquet hall
4-1-1a(1)   Borrow pit
4-1-2a       Camp, day
4-1-3a       Camp, summer
4-1-4a       Campgrounds
4-1-5a       Cemeteries
4-1-5a(1)   Conference center
4-1-6a       Labor camp facilities
4-1-7a       Landfill, sanitary
4-1-8a       Mobile home parks
4-1-9a       Motels, hotels
4-1-10a    Quarrying, borrow pits
4-1-11a    Restaurants
4-1-12a    Sawmills, permanent
4-1-13a    Private airstrip
4-1-14a    Automobile graveyards, class C
4-1-15a    Natural resource extractions
4-1-16a    Multifamily dwellings
4-1-17a    Fraternal lodges and community buildings
4-1-18a    Commercial sale of agricultural equipment
4-1-19a    Outdoor firing range in conjunction with the County noise control ordinance
4-1-20a    Offices, professional, and services
4-1-21a    Golf Courses
4-1-22a    Vegetative rubbish recycling facility
4-1-23a   Wood yard                                           O2008-10
4-1-24a   Cabin                                           O2009-05
4-1-25a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.   O2009-12

4-1-26a   Lattice structure used to support a wind turbine.   O2009-12
4-1-27a   Corporate Training Center   (Res. 05/11/04)
4-1-b   Uses – Permitted by a Special Use Permit only.
4-1-1b       Antique, craft, or gift shops
4-1-2b       Blacksmith shop
4-1-3b       Dairy plant
4-1-4b       Garage, public
4-1-5b       Retail store, neighborhood
4-1-6b       Reserved
4-1-7b       Sawmill, temporary
4-1-8b       Veterinary hospital
4-1-9b       Reserved
4-1-10b    Open storage area with or without gates
4-1-11b    Location signs, up to twenty-five (25) square feet in total area
4-1-12b    Sale of new and/or used cars
4-1-14b    Race track
(Res. of 8-8-89; Res. of 9-11-90; Res. of 9-14-93; Res. of 2-14-95; Res. of 6-18-99)
4-1-15b   Farm winery permanent remote retail establishment

4-1-a   Uses – Permitted by Special Use Permit only.
4-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these
regulations.       O2009-12
4-1-2a   Antique, craft, or gift shops
4-1-3a   Automobile graveyards, class C
4-1-4a       Banquet hall
4-1-5a   Blacksmith shop
4-1-6a       Borrow pit
4-1-7a   Cabin                                       O2009-05
4-1-8a       Camp, day
4-1-9a       Camp, summer
4-1-10a   Campgrounds
4-1-11a   Cemeteries
4-1-12a   Commercial sale of agricultural equipment
4-1-13a   Conference center
4-1-14a   Corporate Training Center   (Res. 05/11/04)
4-1-15a   Dairy plant
4-1-16a   Farm winery permanent remote retail establishment
4-1-17a   Fraternal lodges and community buildings
4-1-18a   Garage, public
4-1-19a   Golf Courses
4-1-20a   Labor camp facilities
4-1-21a   Landfill, sanitary
4-1-22a   Lattice structure used to support a wind turbine.   O2009-12
4-1-23a   Location signs, up to twenty-five (25) square feet in total area
4-1-24a   Mobile home parks
4-1-25a   Motels, hotels
4-1-26a   Multifamily dwellings
4-1-27a   Natural resource extractions
4-1-28a   Offices, professional, and services
4-1-29a   Open storage area with or without gates
4-1-30a   Outdoor firing range in conjunction with the County noise control ordinance
4-1-31a   Private airstrip
4-1-32a   Quarrying
4-1-33a   Race track
(Res. of 8-8-89; Res. of 9-11-90; Res. of 9-14-93; Res. of 2-14-95; Res. of 6-18-99)
4-1-34a   Restaurants
4-1-35a   Retail store, neighborhood
4-1-36a   Sale of new and/or used cars
4-1-37a   Sawmills, permanent
4-1-38a   Sawmill, temporary
4-1-39a   Vegetative rubbish recycling facility
4-1-40a   Veterinary hospital
4-1-41a   Wood yard                               O2008-10
4-1-42a   Reserved for future use
4-1-43a   Reserved for future use
4-1-44a   Reserved for future use
4-1-45a   Reserved for future use

4-9 Oil and gas exploration and extraction.
The Board of Supervisors may authorize the issuance of a conditional Special Use Permit for the exploration and extraction of oil and gas provided the Board of Supervisors determines that natural resource exploration and extraction are appropriate in the area in which the activity is to be located. In addition to the guidelines and standards concerning compatibility with existing uses in the neighborhood of the activity as set forth in Section 12-3-6 of this ordinance, the Board of Supervisors shall determine that the proposed activity will not constitute a significant threat to the environment. In order to insure that the proposed activity will be carried out in a manner which will minimize any environmental impact, the applicant shall have prepared an Environmental Management Plan. This plan, to be prepared at the applicant’s expense, shall address, at a minimum, the following areas:

4-10 Multifamily dwellings.
The Board of Supervisors may authorize the issuance of a conditional Special Use Permit for multifamily housing units of up to six (6) units and not more than two (2) stories, provided that the gross density is not greater than one (1) unit per acre for the first four (4) units and one-half acre for units thereafter up to six (6) units. Multifamily buildings shall be located seventy-five (75) feet or more from any street or highway right-of-way which is fifty (50) feet or greater in width or one hundred (100) feet or more from the centerline of any street less than fifty (50) feet in width. The minimum frontage shall be two hundred fifty (250) feet along a road built to County or State standards.

ARTICLE 5. RESIDENTIAL DISTRICT R-1
5-1-a   Uses – Permitted by Conditional Use Permit only.
5-1-1a       Additional small wind energy system(s), per requirements in Article 22 of these regulations.
O2009-12
5-1-1b   Lattice structure used to support a wind turbine.   O2009-12
5-1-b   Uses – Permitted by Special Use Permit only.
5-1-1b   Double-wide mobile home mounted on a permanent concrete or block foundation

5-1-a   Uses – Permitted by Special Use Permit only.
5-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these
regulations.   O2009-12
5-1-2a   Double-wide mobile home mounted on a permanent concrete or block foundation
5-1-3a   Lattice structure used to support a wind turbine.   O2009-12

ARTICLE 6. RESIDENTIAL DISTRICT R-2
6-1-a   Uses – Permitted by Conditional Use Permit Only
6-1-1a       Additional small wind energy system(s), per requirements in Article 22 of these regulations.                                                                                                      O2009-12
6-1-2a       Lattice structure used to support a wind turbine.                                            O2009-12

6-1-a Uses – Permitted by Conditional Special Use Permit Only

6-1-1a       Additional small wind energy system(s), per requirements in Article 22 of these regulations.                                                                                                     O2009-12
6-1-2a       Lattice structure used to support a wind turbine.                                      O2009-12
ARTICLE 8. BUSINESS DISTRICT B-1
8-1-a   Uses—Permitted by Conditional Use Permit only.
8-1-1a   Borrow pit
8-1-2a   Hospitals, special care
8-1-3a   Commercial amusement parks, theaters, commercial assembly halls, public billiard parlors and pool rooms, bowling alleys, dance halls and similar forms of public amusement
8-1-4a   Fraternal lodges and community buildings
8-1-5a   Single family dwelling units, two family dwelling units, and multi-family dwelling units
8-1-6a   Group homes
8-1-7a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.                                      O2009-12
8-1-8a   Lattice structure used to support a wind turbine.                      O2009-12
8-1-b   Uses—Permitted by Special Use Permit only.
8-1-1b   General advertising signs.
8-1-2b   Farm winery permanent remote retail establishment
8-1-a   Uses—Permitted by Conditional Special Use Permit only.
8-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.                                      O2009-12
8-1-2a   Borrow pit
8-1-3a   Commercial amusement parks, theaters, commercial assembly halls, public billiard parlors and pool rooms, bowling alleys, dance halls and similar forms of public amusement
8-1-4b   Farm winery permanent remote retail establishment
8-1-5a   Fraternal lodges and community buildings
8-1-6b   General advertising signs.
8-1-7a   Group homes
8-1-8a   Hospitals, special care
8-1-9a   Lattice structure used to support a wind turbine.                  O2009-12
8-1-10a   Single family dwelling units, two family dwelling units, and multi-family dwelling units
8-1-11a   Reserved for future use.
8-1-12a   Reserved for future use.
8-1-13a   Reserved for future use.

ARTICLE 8A. BUSINESS DISTRICT B-2
8A-1-a Uses—Permitted by Special Use Permit only.
8A-1-1a   Restaurants
8A-1-2a   Retail sales (structure to be limited to four thousand (4,000) square feet or less).
8A-1-3a   Gasoline filling stations and/or the servicing and minor repairs of motor vehicles in an enclosed structure
8A-1-4a   Personal and professional services
8A-1-b   Uses – Permitted by Conditional Use Permit Only
8A-1-1b   Additional small wind energy system(s), per requirements in Article 22 of these regulations.           O2009-12
8A-1-2b   Lattice structure used to support a wind turbine.           O2009-12

8A-1-a Uses—Permitted by Special Use Permit only.

8A-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.                                                O2009-12
8A-1-2a   Gasoline filling stations and/or the servicing and minor repairs of motor vehicles in an enclosed structure
8A-1-3a   Lattice structure used to support a wind turbine.           O2009-12
8A-1-4a   Offices, professional, and services
8A-1-5a   Restaurants
8A-1-6a   Retail sales (structure to be limited to four thousand (4,000) square feet or less).
8A-1-7a   Reserved for future use.
8A-1-8a   Reserved for future use.
8A-1-9a   Reserved for future use.

ARTICLE 8B. SERVICE ENTERPRISE DISTRICT SE-1
8B-1-a Uses—Permitted by Special Use Permit only.
8B-1-1a   Amusement park, theater, bowling alleys, dance halls, and similar forms of public amusement
8B-1-2a   Convenience store
8B-1-3a   Gasoline filling stations and/or servicing and minor repair of motor vehicles in an enclosed structure
8B-1-4a   Any hotel and motel
8B-1-5a   Wayside stands
8B-1-6a   Blacksmith shop    (Res. of 9-11-90)
8B-1-7a   Multi-family dwelling
8B-1-8a   Farm winery permanent remote retail establishment

8B-1-b Uses – Permitted by Conditional Use Permit Only
8B-1-1b Additional small wind energy system(s), per requirements in Article 22 of these regulations. O2009-12
8B-1-2b Lattice structure used to support a wind turbine. O2009-12

8B-1-a Uses—Permitted by Special Use Permit only.
8B-1-1a   Additional small wind energy system(s), per requirements in Article 22 of these regulations.   O2009-12
8B-1-2a   Amusement park, theater, bowling alleys, dance halls, and similar forms of public amusement
8B-1-3a   Blacksmith shops                           (Res. of 9-11-90)
8B-1-4a   Convenience store
8B-1-5a   Farm winery permanent remote retail establishment
8B-1-6a   Gasoline filling stations and/or servicing and minor repair of motor vehicles in an enclosed structure
8B-1-7a   Hotel and motel
8B-1-8a   Lattice structure used to support a wind turbine.   O2009-12
8B-1-9a   Multi-family dwelling
8B-1-10a   Wayside stands
8B-1-11a   Reserved for future use.
8B-1-12a   Reserved for future use.
8B-1-13a   Reserved for future use.

ARTICLE 9. INDUSTRIAL DISTRICT M-2
9-1-a   Uses—Permitted by Conditional Use Permit only.
9-1-1a   Abattoir
9-1-2a   Airport
9-1-3a   Borrow Pit
9-1-4a   Food or meat packing or processing plant
9-1-5a   Quarrying
9-1-6a   Automobile graveyard, class C
9-1-7a   Public and/or private penal, detention facilities
9-1-8a   Small wind energy system(s), per requirements in Article 22 of these regulations.
O2009-12
9-1-9a   Lattice structure used to support a wind turbine.   O2009-12
9-1-b   Uses—Permitted by Special Use Permit only.
9-1-1b   General advertising signs
9-1-2b   Restaurant

9-1-a   Uses—Permitted by Special Use Permit only.
9-1-1a   Abattoir
9-1-2a   Airport
9-1-3a   Automobile graveyard, class C
9-1-4a   Borrow Pit
9-1-5a   Food or meat packing or processing plant
9-1-6a   General advertising signs
9-1-7a   Lattice structure used to support a wind turbine.       O2009-12
9-1-8a   Public and/or private penal, detention facilities
9-1-9a   Quarrying
9-1-10a   Restaurant
9-1-11a   Small wind energy system(s), per requirements in Article 22 of these regulations.                                               O2009-12
9-1-12a   Reserved for future use.
9-1-13a   Reserved for future use.
9-1-14a   Reserved for future use.
9-1-15a   Reserved for future use.

ARTICLE 12. GENERAL PROVISIONS
12-8   Permanent mobile home parks.
The location of mobile home parks shall require in addition to the zoning permit and certificate of occupancy a Conditional Special Use Permit issued by the governing body. Owners and/or operators of such parks shall comply with the building code adopted by the State of Virginia.
12-10   Temporary mobile home parks.
Conditional Special Use Permits for temporary mobile home parks may be issued by the governing body subject to the following conditions:
12-10-6   Bond. The governing body, in granting such a Conditional Special Use Permit, shall require the posting of a bond to assure that the temporary trailer court will be removed and the site left in good order at the expiration of the permit.

ARTICLE 18. LIMITED INDUSTRIAL M-1
18-3 Uses—Permitted by Conditional Use Permit only.
The following uses should be permitted as conditional use permit in Limited Industrial Districts:

18-3-1   Any use requiring outside storage or displays.
18-3-2   Any television antennas, radio antennas, microwave towers, and other public communication facilities which exceed thirty-five (35) feet in height.
18-3-3   Heliports, helistops, provided that such facilities meet all federal, state and local regulations and are located at least one-half (1/2) mile from any residential district or use.
18-3-4   Automobile service stations.
18-3-5   Motels.
18-3-6   Retail drug and food stores, wearing apparel shops, banks, barber shops, beauty shops, hardware stores, printing shops for paper goods and newspapers, professional offices, personal and professional services.
18-3-7   Small wind energy system(s), per requirements in Article 22 of these regulations.
O2009-12
18-3-8   Lattice structure used to support a wind turbine.                      O2009-12

18-3   Uses—Permitted by Conditional Special Use Permit only.
The following uses should be permitted as conditional Special Use Permit in Limited Industrial Districts:
18-3-1   Any use requiring outside storage or displays.
18-3-2   Any television antennas, radio antennas, microwave towers, and other public communication facilities which exceed thirty-five (35) feet in height.
18-3-3   Automobile service stations.
18-3-4   Heliports, helistops, provided that such facilities meet all federal, state and local regulations and are located at least one-half (1/2) mile from any residential district or use.
18-3-5   Lattice structure used to support a wind turbine.           O2009-12
18-3-6   Motels.
18-3-7   Retail drug and food stores, wearing apparel shops, banks, barber shops, beauty shops, hardware stores, printing shops for paper goods and newspapers, professional offices, personal and professional services.
18-3-8   Small wind energy system(s), per requirements in Article 22 of these regulations.
O2009-12
18-3-9   Reserved for future use.
18-3-10   Reserved for future use.
18-3-11   Reserved for future use.

ARTICLE 22. SMALL WIND ENERGY ORDINANCE
22-4 Permitted Use
A small wind energy system shall be permitted in all zoning districts, subject to certain requirements as set forth below:
(1) Number of small wind energy systems permitted by right:
(a) Parcels less than one acre in size – one (1) building-mounted small wind energy system.
(b) Parcels one (1) acre or greater in size – one (1) permitted. Conditional Special Use Permit required for additional system(s).

Motion made by Commissioner: Linda Russell
APPROVED:
Motion seconded by Commissioner: Michael Tapager
ATTEST:
Secretary – Planning Commission
Motion Passed: 6-0 DATE: July 28, 2010

Planning Commission Meeting Minutes-June 23, 2010

admin — Thu, 19 Aug 2010 20:41:44 +0000

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
June 23, 2010

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Tapager, Michael Harman, and Supervisor Allen Hale

Staff Present: Fred Boger and Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston. She announced that the Park Site Plan which was advertised had been postponed by the applicant and would not be heard at this meeting.

Approval of Minutes – May 26, 2010: Commissioner Tapager made a motion to approve the minutes as presented, and motion passed 4-0.

1) Class III Public Safety Communication Tower Application #2010-001 and Special Exceptions – Nelson County Courthouse

Mr. Boger reported that Nelson County is requesting a Class III monopole communication tower which will be 120 feet in height with a 5 foot lightning rod at the top. Tower design will be prepared by Tectonic Engineering and Surveying. The tower will be located on and surrounded by property owned by Nelson County, with the exception of parcel 58B-3-11 which is owned by Florence Brown. Two exceptions are also being requested:

1) Section 20-8-3 for reduction of the two-mile distance between the proposed tower and other Class II and III towers which are located on Baker Mountain across from the town of Lovingston. It does not appear that a reduction in the separation distance will be detrimental to adjacent properties or change the character of the district.

2) Section 20-7-2a for the reduction of the required fall area of the tower. The required fall area is 156.25 feet from the tower base to the property line, and the Brown property is located approximately 117 from the tower.

A waiver of landscaping requirements is also being requested (Section 20-7-5k), due to the lack of visibility from adjacent properties and space constraints on the site. The site, approximately 3,723 sq. ft. in area, will be buffered by landscaping that will effectively screen the view of the support buildings.

Mr. Boger added that the site will be enclosed by an 8-foot chain link security fence with double gates. Fencing fabric will be #9 gauge, 2 inch zinc coated diamond steel mesh. Corner, line posts, and gate posts will be hot-dipped galvanized steel. There will undoubtedly be some visual impact on the Town of Lovingston and on the Courthouse project itself; however, this tower is necessary for the County’s communication network and for public safety. The site plan is complete, except for the landscaping plan.
Mrs. Susan Rorrer of the County’s Information Systems Department said that the current tower structure the County uses is located in front of the new judicial complex under construction at this time. The site of the new tower was changed due to aesthetics, location, and problems with vertical separation on the existing tower. The new tower will improve vertical separation and will have a microwave link with the High Top site which is part of the regional communication system. The additional height will reduce the amount of interference between the Courthouse and Sugar Loaf Mountain. This tower is very important to future County communication system.

Mr. Steve Carter, County Administrator, stated that Wiley & Wilson is the architect for the judicial complex and that a landscape consultant has been hired. The plan, when complete, will be brought to the Planning Commission and/or Planning Director.

Commissioner Harman asked if any relay towers would be needed. Mrs. Rorrer said that the antennas to be installed will communicate with antennas on Sugar Loaf Mountain. High Top Mountain tower is a relay tower.

Mrs. Rorrer introduced Wayne Campagna of RCC Consultants, whose company is designing the tower.

Commissioner Russell clarified with Mrs. Rorrer that antennas to be installed on the first 100 feet of the tower are sufficient to handle public safety issues. The additional 20 feet are for possible future collocation(s). Mrs. Rorrer said that was correct, and the additional height may be used for the County’s broadband project so that, if necessary, collocation would be possible. She said it is unlikely that any cellular provider would be interested in collocating due to the location of the existing towers across Thomas Nelson Highway on Cove Mountain Lane.

Commissioner Russell asked if the tower was sectional, and Mrs. Rorrer said it was all in one piece. Commissioner Russell stated that with previous tower requests, the Commission requested and received a letter from an engineer stating that the tower would collapse within the fenced area of the tower. Mr. Campagna said the monopole tower would be shipped in sections, with the bottom section being the longest.

Commissioner Russell asked about the color and finish of the tower. Mrs. Rorrer said it would be hot galvanized finish. It can be painted for a cost of approximately $4,000. Commissioner Russell also asked about the environmental impact of the tower on the surrounding area. Mrs. Rorrer said there has been no feedback from the Department of Historical Resources, though their office has been contacted. Mr. Campagna said he predicted the study will show that the tower will have an adverse impact. It would be possible for the DHR and the County to negotiate impact reduction options. The FCC makes the ultimate decision; however, because they will authorize the licensing of the tower.

Supervisor Hale received a letter from Mr. Carlton Ballowe who asked if this tower would communicate with Sugar Loaf Mountain, and if so, could the tower here in Lovingston be smaller with another one on “Cable Hill.” Mrs. Rorrer said the line of sight and land radio coverage would be impacted. Mr. Campagna said that communication with this tower and High Top Mountain is essential, and there is sufficient clearance in the path which determines that the microwave dish needs to be at least 80’ to accommodate microwave connectivity.

Supervisor Hale said he was not in favor of painting the pole for $4,000. Mr. Campagna said there would be no lighting on the tower, but there would be an on and off switch for the shelter.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Russell said there is an obvious necessity to improve communication for public safety, but is concerned about the speculative extension of the tower to 120’. She further stated that the Planning Commission as a matter of policy has declined to approve taller towers designed for speculative purposes when requested by previous commercial applicants. Chair Proulx voiced the same concern. Supervisor Hale said he doesn’t like any tower, but feels that this is a different situation with the tower being built with taxpayer money for County safety. He felt the additional height won’t make a difference and that the tower had been sized for future needs.

Mr. Hale made a motion to recommend to the Board of Supervisors approval of the tower application and special exceptions, as stated in the following resolution:

The Nelson County Planning Commission recommends to the Board of Supervisors approval of the application for a Class III Communication Tower Permit, pursuant to Section 6, Article 6-1-16 and Article 20, Section 20-8 of the Nelson County Zoning Ordinance to construct a 120 foot monopole tower with 5 foot lightning rod to be located on a portion of the Nelson County Courthouse property identified as Tax Map #58B-3-12, zoned R-2. Further, the Planning Commission recommends approval of special exceptions pursuant to Article 20, Section 20-8-3, for reduction of the 2-mile distance between the proposed tower and other Class II and III communication towers, and Article 20-7-2a for the reduction of the required fall area of the tower.

Commissioner Russell asked that the motion be amended to add the following: 1) Insist that the tower be painted; and 2) acknowledge waiver of required landscaping, i.e. The Planning Commission waives submission of the landscaping plan until completion of the Judicial Center project, at which time the Planning Director shall receive and approve landscaping plans for the tower site, with emphasis on landscaping along the side adjacent to the Brown property.

Mr. Hale was agreeable to amending the motion with respect to landscaping, but not to painting the tower. He amended the motion as follows :

Mr. Tapager provided the second, and motion passed 4-1, with Commissioner Russell voting “no.”

2) Special Use Permit #2010-004 – Adam H. & Kathryn E. Knott

Mr. Boger reported that Mr. and Mrs. Knott are requesting a Special Use Permit to operate a summer camp on their property located on Rocky Bottom Lane/Glass Hollow Lane. The subject property consists of three parcels for a total area of 25 acres. The parcels are identified as Tax Map 6-A, Parcels 116, 116A and 114C. The programs for The Living Earth School include adult programs, summer camps (both day and overnight), and other occasional youth/family programs. The largest programs have 36 kids and staff at any one time. They offer 9 weeks of summer camps from June to August that include 4 weeks of day camp, and 4 weeks of overnight camps. They also offer a home school program 1 day a week (9:30-3:30) for 8 to 10 weeks in both fall and spring. Adult and family weekend workshops are offered which tend to have 8-10 people. Mr. Boger said the question arose as to whether this “summer camp” could be considered a school of special instruction. In consultation with County Attorney Payne, it was determined that this use did not constitute a school of special instruction.

Mr. Boger added that the health department has not received any information on the proposal at this time. However, they have briefly discussed it with the applicants. VDOT has looked at the entrance. A commercial entrance will be required, and some vegetation will have to be removed on both sides of the entrance in order to comply with VDOT’s sight distance requirements. (See complete VDOT report .) Three parcels of land will be involved with this activity, if approved. The recommendation should include the Tax ID for each parcel. A final site plan will be required for this project detailing the proposed use of the property.

Mr. Boger said following questions about the proposed summer camp which should be discussed by the Commission:
•   Children safety. What measures will be used to protect the children from going into the street, getting lost on the farm, snakes, etc?
•   Noise. Will activities on the property disturb the surrounding properties?
•   Impact. Will there be an adverse impact on the community and surrounding properties?
•   Traffic. The impact of increased traffic volume may be considered.

Chair Proulx said the definition of a summer camp implies seasonal activity; however the description given by the application appears to include year-round activities. Commission Harman asked what type of licensing is required for the applicants to run such a camp.

Applicant Kathryn Knott said they had been in Glass Hollow for 9 ½ years. They have always wanted to work with children and be able to live in Glass Hollow also, and feel that summer camp is important in youths’ lives. The camp they run is a small nature camp, not a sports camp. It is eco-friendly. There would be a maximum of 36 children who will be in the woods from 9:30 – 3:30 on most days. There will be no noise and participants will be learning the magic and beauty of the forest. They have no desire to change peoples’ lifestyles and want to work with neighbors. There will be small outdoor kitchen, and some improvements have already been made to the site.

Applicant Adam Knott addressed the concern by some neighbors that the business would grow and become unmanageable by saying that the number of campers is determined in the Spring and they have small groups rather than large. Ages of the children range from day campers who are 8 years old, to 8+ years for night camping. In addition, there are several counselors. The camp is not for troubled teens; it is strictly a nature camp. It is possible that occasional family gatherings will be held with parents and campers. The traffic will be limited because 50% of the children arrive at the camp in carpools.

Chair Proulx asked about the year-round activities. Mr. Knott said that from late October through March there are very few campers, possibly only tracking will be taught. Mr. Knott addressed licensing by saying that licensing is required for ages 8 and under. All of their participants are over the age of 8. Camper certification through the American Camping Association is cost prohibitive; however, they follow guidelines of the Association.

The public hearing was opened. Chair Proulx explained the public hearing guidelines – sign-in sheet, limit of 5 minutes per speaker, names to be called by Chair, speaker to address Commission; not applicants.

Bo Trimble, 1748 Glass Hollow Road, distributed a letter and pictures taken from the yard at his house and the adjoining Knott property. He said he had had no contact with the Knotts and did not know about their plans. His concerns were: property values decreasing, lighting, parking, future expansion, and noise. He said camping groups are already using the property and sounds are clearly audible from his home. Traffic will increase on the dirt road, and the camp will clearly change the character of the neighborhood. He requested that the Commission turn down or at least postpone the application.

Roy White, 641 Glass Hollow Road, expressed concern about increased traffic, contamination of wells, adequate septic system(s), certification of camp owners and background checks of counselors.

Bobby W. Bryant, 1164 Glass Hollow Rd., said that Glass Hollow is a quiet, respectable place where most property owners are elderly and/or retired. He was concerned about possible growth of the camp and its impact on the neighborhood.

Mike and Diane Garth, 1679 Glass Hollow Rd., expressed concern about traffic, noise, campfire hazards, and change in character of the neighborhood. They were visited by the Knotts for the first time on June 22. She feels the camp will affect every resident on the road and that it doesn’t sound like a summer camp. The existing road is not designed for commercial-type traffic. She asked that the application be denied.

Raymond Glass said the camp was incompatible with the lifestyles of existing residents. He also expressed concern about noise and traffic and said that all neighbors were opposed to the camp.

Carol Golladay signed in but declined to speak since her points had been addressed by other speakers.

Valerie Mitchell, expressed concern over the noise (drumming at night), traffic (aggressive driving), and safety of pets or people who like to walk on the road.

Jane B. Taylor, 698 Glass Hollow Road, said the Knotts walk on Glass Hollow Road, and she understands their desire to connect with nature. She suggested they visit the Nature Camp in Vesuvius, Virginia, to see the facility there. She expressed concern about fire control and safety of the children and adults at the camp. She asked for an explanation of the difference between a public and private camp.

Terisa “Wren” Shomate is an instructor at The Living Earth School. She said risk preparedness plans are in place and that the Knotts run a professional camp which focuses on meeting the needs of the community and the camp. She expressed hope that there would be dialog between the Knotts and the neighborhood.

Deborah Dove, whose daughter lives on Glass Hollow Road, expressed concern about the pond on the property which used to provide water for the rental home. There is now no water at the home. The road is very unsafe and camp traffic would make it worse.

Greg Smith said he has attended the camp and his daughter is in camp now. He stated that change is hard to accept, but that children must be taught about nature and certain sacrifices must be made for the sake of the children.

Jeannie McConkey spoke in support of The Living Earth School. Her daughter has attended the camp for 4 years. She said the Knotts are environmental-friendly and would do no harm to the earth. Travelers to the camp would be conscious of the traffic problem and travel accordingly.

Misty Redenburg’s daughter attends the camp. She said the Knotts have respect for themselves, the land, and the community, and don’t want to change the land. She felt compromise was needed on behalf of the Knotts and the community. Her daughter Emma said she has had a great experience at the camp and would be sad if it was discontinued.

Allen Cash, 1323 Glass Hollow Road, said the camp is already in operation. He is concerned about the possibility of fires, the expansion of the camp into something larger, increased traffic and the resultant accidents. He felt further consideration is needed by the Commission before making a decision.

Peter Del Priore, 101 Rattlesnake Trail, said that Rocky Bottom Lane is not the correct location of the camp. It will be on the 5 acres which are on Glass Hollow Road. He is concerned about increased traffic and requested that the Commission take no action on the application at this time.

Susan von Hemert is a resident of Sugar Hollow. Her two boys have been counselors and campers at The Living Earth School. She said the small size of the school was an asset. Counselors receive training, and campers carpool from places such as Charlottesville.

Cheryl Tomkins Cash said that if an exception is made for this business, a precedent will be set, and felt another location in the County should be found. She was concerned about fire control and asked what the Comprehensive Plan specifies for future land use in the area of the school.

Valerie Mitchell asked about the statement made by the Knotts about bringing children in from New York City and the East Coast. Prior to that, the only mention was of a camp for local children.

Diane Garth expressed concern about hunting season when it would be dangerous to have children in the woods.

Bo Trimble expressed concern about the floodplain area at the entrance to Glass Hollow Road, and whether emergency response would be adequate in the event of high water/flood.

Raymond Glass asked if the Knotts have attempted to buy additional property for expansion. He expressed concern about the AM and PM traffic and emergency vehicles using the road.

There were no additional comments from the public. Chair Proulx explained that when the public hearing for the Planning Commission is closed, regardless of the recommendation, there can be no further comments from the public. However, the public will have a chance to comment at the BOS public hearing on this application.

The public hearing was closed.

The Knotts responded that most of the staff consists of college level counselors who have had background checks. The fire mentioned earlier was prior to their purchase of the property. There are now firebreaks on most edges of the property. Mr. Knott stated that they have no desire to buy additional property.

Chair Proulx asked about septic requirements. Mr. Knott said he has talked with Tom Eick of the Health Department regarding composting toilets. No decision has been made at this time. He added that risk management is part of the 10-day extensive training for counselors and all safety precautions are taken. Regarding the pond, two springs feed the pond and no permits were needed for the pond. The drumming mentioned earlier occurs only once a month, and does not continue through the night.

Chair Proulx said she felt the Commission should take more time to consider all aspects of the request, and the additional time may provide opportunities for discussion between the Knotts and their neighbors. Commissioner Harman said he supported the concept of the school, but has concerns about the location. Supervisor Hale said he had mixed emotions because he felt people should be able to use their land as they desired, and on the other hand, he doesn’t like for neighbors to be upset. Commissioner Tapager said he was impressed that the neighbors got together to protect the community and everyone was respectful about the issue. He said the school/camp is a great idea but questions whether this is the best place for it.

Commissioner Tapager made a motion to continue discussion at the July meeting of Special Use Permit #2010-004 for Kathryn and Adam Knott. Commissioner Russell provided the second, and motion passed 5-0. Chair Proulx asked that all correspondence received be distributed to the Commission and reminded the public that the July meeting was open to the public, but there would be no further public hearing.

3) Proposed Zoning Ordinance Amendments – Article 10 – General Floodplain District, FP

Mr. Boger presented the amendments proposed in the May meeting, with a few additions.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Russell made a motion to recommend approval of the amendments to the Board of Supervisors, as stated in the following resolution attached to these minutes. Motion was seconded by Supervisor Hale, and motion passed 5-0.

4) Proposed Zoning Ordinance Amendments – Article 2 (Definitions), Article 12 (General Provisions), Article 13 (Site Development Plan) , and Article 16 (Amendment and Rezoning)

Mr. Boger presented the amendments proposed in the May meeting. One correction was made to Article 16, Section 16-4-7, as follows: Such petition shall be filed with the Administrator Planning and Zoning Director within thirty (30) days after the decision appealed from.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Tapager made a motion to recommend approval of the amendments to the Board of Supervisors with the correction to 16-4-7, as stated in the following resolution attached to these minutes. Motion was seconded by Supervisor Hale, and motion passed 5-0.

5) Proposed Zoning Ordinance Amendments – Miscellaneous

Mr. Boger presented the amendments proposed in the May meeting.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Tapager made a motion to recommend approval of the amendments to the Board of Supervisors, as stated in the following resolution attached to these minutes. Motion was seconded by Commissioner Russell, and motion passed 5-0.

Other Business

Communication Tower Ordinance

Chair Proulx announced that discussion on the Communication Tower ordinance would continue at the July meeting.

Rockfish Heights Subdivision, Section II

Mr. Boger reported that a property owner in Rockfish Heights, Section II, has contacted the Planning office and wanted to know when the required road will be constructed in this section of Rockfish Heights Subdivision. The final subdivision plat for Section II was signed on October 10, 2007. The construction scheme presented to the Planning office in 2007 was that once the majority of lots in Section I were sold, then the developer would proceed with constructing the road in Section II. The road has been completed in Section I.

Constructing the road in Section II is going to be more difficult due to the topography of the site which goes up the side of a mountain. The developer posted a Letter of Credit with the County to guarantee the completion of this road. When the bond was posted, the developer did not want to give a specific date when this road would be completed. Two lots were sold in Section II in 2007 and it was the Planning Director’s understanding at that time the owner did not have any immediate plans to develop them.

In 2008 another lot changed ownership as a result of a deed of distribution between partners in the partnership. The owner of this lot wants the road constructed so that he can have access to his property.

Staff has discussed this request in detail and determined that pursuant to the Subdivision Ordinance, Section 4-2, Improvements-General Requirements, Item C, Completion Dates for Bonded Improvements, the Planning Director has to request the developer to set a completion date for construction of the road in Section II. The Planning Director contacted the developer on May 14, 2010 requesting that he set a completion date for constructing the road in Section II. On May 21, 2010, the Planning Director received his response and the date given was that the road will be constructed in “2020”.

Staff has discussed the completion date with the County Administrator and County Attorney and feels the proposed time period is excessive. A more realistic time period would be between 1 to 3 years to construct this road. Consequently, pursuant to Section 4-2 the Planning Commission is being asked to review the issues and recommend a construction date.

Mr. Boger stated that in the future, a road completion date will be required prior to approval of the subdivision plat which will prevent this type of problem.

Chair Proulx proposed that the road completion date be set at 3 years from June, 2010. Commissioner Russell made the following motion:

In accordance with Section 4-2 of the Subdivision Ordinance, the completion date for the bonded improvement of the road to Section II of the Rockfish Heights Subdivision must be completed by June 23, 2013.

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

There was a brief discussion regarding wording in Section 3-1 of the Subdivision Ordinance and the need for its amendment. Supervisor Hale made a motion that Section 3-1 of the Subdivision Ordinance be amended to clarify the language referring to “governing bodies.” Commissioner Harman provided the second. Commissioner Russell said that a resolution is needed to instruct Staff to draft the amendments for review. Supervisor Hale amended the motion to do so. Commissioner Russell provided the second, and motion passed 5-0.

Possible rezoning of certain parcels on Thomas Nelson Highway, Lovingston

Mr. Boger distributed a sample letter that could be used to solicit comments from property owners affected by the possible rezoning from A-1 to B-1 on Thomas Nelson Highway on either side of Vito’s Restaurant. After review, it was decided that the letter was not appropriate for the particular situation and Mr. Boger was asked to revise it and send a copy to Supervisor Hale and Chair Proulx for approval..

Report from BOS Liaison Allen Hale

Supervisor Hale expressed to Betty Fortune the appreciation of the Board of Supervisors for delaying her retirement until her position could be filled. He also congratulated Chair Proulx and Commissioners Russell and Hunt for agreeing to serve another four-year term on the Planning Commission.

Adjournment

At 10:20 P. M., Supervisor Hale made a motion to adjourn. Motion passed 5-0.

Respectfully submitted,

Betty M. Fortune, Secretary

A RESOLUTION RECOMMENDING APPROVAL OF A
CLASS III PUBLIC SAFETY COMMUNICATIONS TOWER PERMIT
FOR NELSON COUNTY
AND RECOMMENDING APPROVAL OF EXCEPTIONS TO ARTICLE 20,
SECTION 20-7-2e AND 20-8-3 OF THE ZONING ORDINANCE

WHEREAS, Nelson County is requesting approval for a Class III Communication Tower Permit, pursuant to Section 6, Article 6-1-16 and Article 20, Section 20-8 of the Nelson County Zoning Ordinance to construct a 120 foot monopole tower with 5 foot lightning rod to be located on a portion of the Nelson County Courthouse property identified as Tax Map #58B-3-12, zoned R-2; and

WHEREAS, Nelson County is also requesting special exceptions pursuant to Article 20, Section 20-8-3, for reduction of the 2-mile distance between the proposed tower and other Class II and III communication towers, and Article 20-7-2a for the reduction of the required fall area of the tower; and

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on June 3 and 10, 2010; and

WHEREAS, a notice to adjacent property owners was mailed on June 14, 2010; and

WHEREAS, on June 23, 2010, the Nelson County Planning Commission held the required public hearing on said application; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the applicant and citizens;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

Motion made by Commissioner: Allen Hale       APPROVED: _____________________
PLANNING COMMISSION CHAIR
Motion seconded by Commissioner: Michael   ATTEST: ___________________________
Tapager                       PLANNING COMMISSION SECRETARY
Motion Passed: 4-1 (Russell voting “no.”)       DATE: June 23, 2010

A RESOLUTION
RECOMMENDING APPROVAL OF AMENDMENTS TO APPENDIX “A”,
ARTICLE 10, GENERAL FLOODPLAIN DISTRICT, FP,
RELATING GENERALLY TO ZONING

WHEREAS, FEMA has notified the Planning Director that certain definition changes need to be made in the recently adopted Article 10 of the Zoning Ordinance; and

WHEREAS, On May 26, 2010, the Planning Commission reviewed these changes and concurred with the suggested definitions; and

WHEREAS, a notice of Public Hearing for formal consideration of the proposed amendments by the Nelson County Planning Commission was published in the Nelson County Times on June 10 and 17, 2010; and

WHEREAS, the proposed amendments were posted June 16, 2010 on the Nelson County Planning and Zoning website for public viewing; and

WHEREAS, on June 23, 2010 the Nelson County Planning Commission held the required public hearing on the proposed amendments to the Zoning Ordinance; and

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 recommends to the Board of Supervisors the adoption of the proposed amendments to the Zoning Ordinance to address the above requirement.

10.7. Definitions

Existing construction: For the purposes of determining rates, structures for which the “start of construction” commenced before August 1, 1978. “Existing construction” may also be referred to as “existing structures.”

Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction: For the purposes of determining insurance rates, structures for which the “start of construction” commended commenced on or after August 1, 1978 (the effective date of any the initial FIRM) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structure.

New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Special flood hazard area: The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Section 10.10 10.8.A.1 of this ordinance.
Structure: A combination of materials that form a construction for use, occupancy, ornamentation, including a fence, a gas or liquid storage tank, whether installed on, above, or below the surface of land or water. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

10.14. General Standards

The following provisions shall apply to all permits:
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State anchoring requirements for resisting wind forces.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Allen Hale
Motion Passed: 5-0 APPROVED: _____________________________
CHAIR
ATTEST: _________________________________
Planning Commission Secretary
DATE: June 23, 2010

A RESOLUTION
RECOMMENDING APPROVAL
OF AMENDMENTS TO APPENDIX A,
ZONING, ARTICLES 2, 12, 13, AND 16,
RELATING GENERALLY TO ZONING

WHEREAS, the Planning Commission has identified the need to amend the following Articles of the Zoning Ordinance: (1) Article 2 – Definitions; (2) Article 12 – General Provisions; (3) Article 13 – Site Development Plan; and (4) Article 16 – Amendment and Rezoning to address changes in zoning permits, site plans, etc.;

WHEREAS, on May 26, 2010, the Planning Commission reviewed the proposed changes and concurred with the changes; and

WHEREAS, a notice of Public Hearing for formal consideration of the proposed amendments by the Nelson County Planning Commission was published in the Nelson County Times on June 10 and 17, 2010; and

WHEREAS, the proposed amendments were posted June 16, 2010 on the Nelson County Planning and Zoning website for public viewing; and

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 recommends to the Board of Supervisors the adoption of the proposed amendments to the Zoning Ordinance:

ARTICLE 2. DEFINITIONS
Site Plan Review Committee: The Site Plan Review Committee shall consist of, but is not limited to, representatives from Federal, State, and local governments, utility companies, other agencies and departments, and other professionals as necessary to review, but not limited to, the site plan, subdivision plat, Special Use Permit and Conditional Use Permit application, Rezoning application, zoning amendment, in preparation of the Planning and Zoning Director’s comments and recommendations.

ARTICLE 12. GENERAL PROVISIONS
12-1   Zoning Permits.
12-1-1   Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Zoning Administrator. Improvements shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Planning and Zoning Director.
12-1-2   The Commission may request a review of the zoning permit approved by the Zoning Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies. An application shall be made by all property owners, a contract purchaser with the owners’ written consent, or the owners’ agent. Each application shall be accompanied by three (3) copies of a Minor Site Plan or ten (10) copies of a Preliminary or Final Site Plan, as the case may be, pursuant to Article 13, accompanied by a filing fee as provided in Article 13. Upon approval of an optional Preliminary Site Plan, the applicant shall submit a Final Site Plan for review before issuance of the permit.
12-1-3   Each application for a zoning permit shall be accompanied by three (3) copies of a scale drawing. The drawing shall show:
(a)    The size and shape of the parcel of land on which the proposed building is to be constructed;
(b)    The nature of the proposed use of the building or land; and
(c)    The location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land.
In the event of a proposed expansion or other material change to improvements for which a zoning permit has been issued previously, the Planning and Zoning Director may approve an amended Minor Site Plan or Final Site Plan, as the case may be, in accordance with Section 13-2 of this Chapter.
12-1-4   Where an individual septic system is to be used, the owner/agent must submit either a bare application (an application for an individual lot submitted to the Virginia Department of Health for which a representative of this Department will do the required site evaluation to issue a sewage disposal system construction permit) or an AOSE (Authorized Onsite Soil Evaluator) application for each lot to the Virginia Department of Health. The soils work for either application shall show the primary drainfield area together with a reserve area equal to:
(a) For Class 1 and 2 soils, a minimum of fifty (50) percent of the capacity of the    primary area and;
(b) For all other soil classes, a minimum of one hundred (100) percent capacity of the    primary area.                                      O2008-08
12-1-5   Where an alternative waste treatment system is to be used, the developer/property owner shall provide to the Building Official and Planning Director documented proof that the soils and parent materials are satisfactory to the Department of Health, and shall obtain approval of the alternative waste treatment system from the appropriate state agencies, including the Virginia Department of Environmental Quality and the Virginia Department of Health. Such documented proof and approval shall be filed at the time a building permit and zoning permit are applied for.

In all zoning districts, the reserve area for an alternative waste treatment system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the primary area.                                      O2008-08
12-1-6   Any other information may be required which the Zoning Administrator deems necessary for consideration of the application. If the proposed building or use is in conformity with the provisions of this ordinance, the Zoning Administrator shall issue
a permit to the applicant. One (1) copy of the drawing shall be returned to the applicant with the permit.                                             O2008-08
Any other information which the Planning and Zoning Director deems necessary for consideration of the application may be required. Article 13 shall govern consideration of the application.
12-2   Certificate of occupancy.
Land may be used or occupied and buildings structurally altered, erected, used, or changed in use, only after the Zoning Administrator has issued a certificate of occupancy. Such a certificate shall state that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a building and zoning permit. The permit shall be issued within ten (10) days after the erection or structural alteration of such building or part has conformed to the provisions of this ordinance.
The Planning and Zoning Director and the County’s Building Official shall develop, whenever feasible, joint forms and procedures designed to streamline applications to their respective offices.
12-3   Conditional Use Permits and Special Use Permits.
12-3-1   Where permitted by this ordinance, Conditional Use Permits and Special Use Permits may be authorized by the governing body. Applications for Conditional Use Permits and Special Use Permits may be referred to the Planning Commission for its recommendation. For the purposes of this Article, the phrase “Special Use” shall mean either Conditional Use or Special Use, as the case may be.
12-3-2   The applicant who shall be a record owner, or contract owner with written approval of owner, of land involved (if a contract owner, copy of said contract shall be filed with and made a part of application), shall make application for the use permit to the Zoning Administrator on the form provided for the purpose, giving all information required by such form, including such other information which the Zoning Administrator may deem necessary for an intelligent consideration of the project for which a permit is desired.
General Standards and Criteria for Special Use Permit Review
All applications for Special Use Permits shall be reviewed using the following criteria:
a.   The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate;

b. The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property;

c. The proposed use shall be adequately served by essential public or private services such as streets, drainage facilities, fire protection and public or private water and sewer facilities; and

d. The proposed use shall not result in the destruction, loss or damage of any feature determined to be of significant ecological, scenic or historic importance.

12-3-3   (a) An application for a Conditional Use Permit or a Special Use Permit, except, as hereinafter set forth, shall be subject to the Site Development plan provisions under Article 13 of this ordinance and, in addition to the Zoning Administrator, or his duly authorized agent, may require such additional information for the special exception to determine its eligibility under this ordinance.
(b)   An application for a Special Use Permit for a mobile home (individual) or double-wide mobile home shall be exempt from the provisions of subsection (a) with respect to Article 13, but such additional shall be accompanied by a drawing or plat showing: (I) The boundary lines of the subject property and the proposed location of the mobile home thereon; (II) any other information which the Zoning Administrator or his duly authorized agent may require to determine its eligibility under this ordinance.
Special Conditions.
The Board of Supervisors may grant or deny the application either in part or in full and may impose such modifications, regulations, or restrictions, including a limitation of the time for which the permit shall be valid, which such Board in its discretion may determine necessary or requisite in order that the general objectives and purpose of this ordinance shall be complied with.
12-3-4   No application for such Conditional Use Permit or Special Use Permit may be heard except after notice and hearing as provided for in Section 15.1-431 of the Virginia Code, as amended.
Application Requirements for Special Use Permits.
a.   An application for a Special Use Permit shall be made by all property owners, a contract purchaser with the owners’ written consent, or the owners’ agent. The application shall be submitted to the Planning and Zoning Director, and shall be accompanied by the required filing fee.

b. If the request for a Special Use Permit has been denied by the Board of Supervisors, a request in substantially the same form shall not be resubmitted within one (1) year of the date of denial.

c.   The application shall include the following information:
1.   A Minor Site Plan in accordance with Article 13 of this Ordinance.
2.   A description of the proposed use and, where applicable, the hours of operation and the proposed number of employees or patrons.
3.   A written statement of proposed project compatibility with the following:

i.   The Comprehensive Plan.
ii.   The applicable zoning district.
iii.   The surrounding properties.
iv.   Current and future neighborhood conditions.
v.   Traffic patterns, on-site and off-site.

4. When requested by the Planning and Zoning Director, the Commission, or the Board of Supervisors, the following information shall be provided by the applicant:

i.   The architectural elevations and floor plans of proposed building(s).
ii.   Traffic impact analysis.
iii.   Fiscal impact analysis.
iv.   Parking and site circulation analysis.
v.   Photographs of property and surrounding area.
vi.   Environmental impact statement.

The Planning and Zoning Director shall not refer the application to the Commission until the application contains all of the information required by this Article.
12-3-5 The governing body may grant or deny the application either in part or in full and may impose such modifications, regulations, or restrictions, including a limitation of the time for which the permit shall be valid, which the governing body in its discretion may determine necessary or requisite in order that the general objectives and purposes of this ordinance shall be complied with.
Action by Planning Commission
a. No Special Use Permit shall be approved unless the proposal has been reviewed by the Commission. The Commission shall conduct at least one (1) public hearing in accordance with State law. Following the public hearing, the Commission shall prepare and by motion, adopt its recommendations, which may include changes in the applicant’s original proposal, and shall report such recommendations, together with any explanatory material, to the Board of Supervisors.

b. Failure of the Commission to act within one hundred (100) calendar days of the first meeting of the Commission after official submission of the proposal shall be deemed approval, unless the proposed Special Use Permit has been withdrawn by the applicant prior to the expiration of such time period or the time period has been extended by mutual agreement by the County and the applicant.

Action by Board of Supervisors.
Before approving a Special Use Permit, the Board of Supervisors will hold at least one (1) public hearing in accordance with State law, after which such Board may make appropriate changes to or impose appropriate conditions upon the proposed special use. Nothing herein shall preclude the Board from holding a joint public hearing with the Commission. Unless a longer period is agreed to by the applicant, the Board shall act within one (1) year of the official submission of the application.

12-3-7   Upon the granting of a Conditional Use Permit or a Special Use Permit, one (1) copy of the dimensioned drawing, upon which has been indicated the changed or restrictions, if any, required by the Board of Supervisors, and which has been certified by the Zoning Administrator, shall be returned to the applicant, who may thereafter conduct the operation for which the permit has been granted only in such manner and for such a time as the permit and the certified drawing shall specify. A Conditional Use Permit or a Special Use Permit shall be valid for only the specific use it covers in the specific location designated.
Major Site Plan.
Upon approval of the application by the Board of Supervisors, a Preliminary and Final Site Plan, if required, shall be filed with the Planning and Zoning Director and reviewed by the Planning Commission pursuant to Section 13-5 of this Chapter.
12-3-8   Each application for a Conditional Use Permit or a Special Use Permit shall be accompanied by a fee of forty-five dollars ($45.00) payable to the Nelson County Treasurer for deposit in the General Fund.
Renewal of SUP with Time Limits, Expiration, Revocation.
a.   Renewal of SUP with Time Limits.
1.   A renewal shall be for the purpose of allowing a new period of time for the operation of a currently valid Special Use Permit, provided, however, that the Board of Supervisors shall not approve a renewal application for a use which is no longer allowed as a Special Use Permit in the zoning district in which the Special Use Permit is located.

2. The procedure for the renewal of a Special Use Permit shall be the same as specified herein for the approval of the original permit, except that the Planning and Zoning Director may waive any submission requirement if such requirement is deemed not necessary for an adequate review of the application.

3. Any Special Use Permit that is not renewed prior to the established time shall expire without notice and become null and void.

b. Expiration
1. Whenever a Special Use Permit is approved by the Board of Supervisors, the special use authorized shall be established, or any construction authorized shall be commenced and diligently pursued, within such time as the Board of Supervisors may have specified, or, if no such time has been specified, then within twelve (12) months from the approval date of such permit.

2. If the special use or construction has not commenced in accordance with the above provisions, then the Special Use Permit shall automatically expire without notice and become null and void.

c. Revocation.
1. Unless a time limit is specified for a Special Use Permit, the same shall be valid for an indefinite period of time, except that if the use or activity should cease for any reason for a continuous period of two (2) years or more, the permit shall automatically terminate without notice and become null and void.

2. The approval of a new Special Use Permit shall be required prior to any subsequent reinstatement of the use.

3. A Special Use Permit shall be revocable upon written order of the Board of Supervisors at any time because of the failure of the owner or operator of the use covered by the permit to observe all requirements with respect to the maintenance and conduct of the use and all conditions in connection with the permit that were imposed in issuing the same. A revoked permit shall become null and void.

d. Official submission.

An “official submission” is an application or plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article.
12-3-9   It shall be the duty of the Zoning Administrator to see that the decisions of the Board of Supervisors are complied with.
12-3-10   In enforcing the requirements of the Conditional Use Permit or the Special Use Permit, the Zoning Administrator Planning and Zoning Director shall give written notice of violation by registered certified mail, return receipt requested, to the landowner and to any other person responsible for an alleged a violation, stating the reason why it is believed that a violation exists in fact. The person responsible and who shall be allowed a period of thirty (30) days to correct the violations or to respond to the Zoning Administrator Planning and Zoning Director seeking relief. Should the person responsible seek relief, or should the administrator receive no response or if the person does not correct the violation(s) within thirty (30) days of receipt of the registered letter, the case shall be considered by the Board of Supervisors at their next regularly scheduled meeting. At the time of the meeting the Board shall consider modifying the Conditional Use Permit or the Special Use Permit if requested to do so by the person responsible, granting an additional period of time in which to comply, or directing the Zoning Administrator in initiate legal action.
In addition to any other proceeding or remedy available, the Planning and Zoning Director may initiate legal action to force compliance. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this ordinance.
12-3-11   A Special Use Permit or a Conditional Use Permit becomes void if the permit is not utilized within twelve (12) months after approval, or in the event the use has been discontinued for a consecutive twelve-month period.           (Ord. of 9-13-88; Res. of 7-12-94)

12-4 Special Use Permits.
Where permitted by this ordinance, the Board of Supervisors may authorize Special Use Permits after recommendation by the Planning Commission in conformance with Article 12.
Reserved for future use.

ARTICLE 13. SITE DEVELOPMENT PLAN
13-1   Requirement. Categories and Applicability of Site Plans. This Article provides the requirements and applicability of the following site plans:
a.   Major Site Plan
b.   Minor Site Plan

Site Plans for Residential Planned Communities shall be governed by the provisions of Article 7 of this ordinance.
No building or zoning permit shall be issued for development for any business or industrial purpose or for development to contain three (3) or more residential dwelling units on one (1) lot or parcel or for a permanent mobile home park until a site development plan has been approved by the Planning Commission, except that no site plan shall be required for the Residential RPC District.

13-1-1 Requirements for site plans.

A site plan shall be required for any development on any site, in all zoning districts, in any case in which construction or a change in use of the existing site increases the number of on-site parking spaces or anything that causes a visible change in the site. A “visible change” includes grading, removal of vegetation in preparation for future development of the site, mining, digging, and riverbank removal, addition to a building that changes the traffic circulation on the site, or any other change which the Planning and Zoning Director determines to cause a significant impact to the public health, safety and welfare of the citizens of the County.

Major Site Plan. A Major Site Plan 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 dwelling units on one lot, or is an Intentional Community; or
2. entails the erection of a structure or structures exceeding a total of 5000 square feet, excluding agricultural and single family residential construction, on a single parcel.

Minor Site Plan. A Minor Site Plan must accompany zoning permit applications in those undertakings which do not fall within the categories specified for Major Site Plans. A Minor Site Plan must also accompany the initial application for a Special Use Permit and for a rezoning request. For the purposes of this Article, the phrase “special use” shall mean either Conditional Use or Special Use, as the case may be.

13-1-2 Site plan exemptions.

The foregoing notwithstanding, no site plan shall be required for the following:

a.   Construction of, or addition to, a single family dwelling on an individual lot.
b.   Construction of, or addition to, a two-family dwelling on an individual lot.
c.   Accessory structures to single-family dwellings (not meant for commercial use).
d.   Accessory buildings or structures on property used for the growing of agricultural crops, livestock, or forestry timber when such buildings or structures are necessary for such growing.
e.   Harvesting of plants or trees growing on the site.
f. Clearing of a site for use for agricultural or pasture purposes.
g. Residential Planned Community

13-2   Preparation of site plans Issuance of permits by County.
No building permit, or other County permit required prior to the initiation of construction of any building or structure or development, shall be issued by any officer or employee of the County for any development which is subject to the provisions of this article until a site plan has been approved. Compliance with the terms contained on any site plan shall be deemed a condition of each and every permit issued by the County. Any permit issued prior to the approval of a site plan is automatically null and void.
13-2-1   An informal meeting and discussion between the applicant and the Administrator shall be held prior to the submission of a site development plan. The applicant should present a preliminary schematic master plan showing:
(a)    Boundary lines of subject property;
(b)    Existing land conditions and existing topography at a maximum of ten-foot contour intervals;
(c)    General layout design of what is proposed on a scale of not smaller than one (1) inch equals one hundred (100) feet, including the location of all proposed streets, pathways, easements, and all proposed uses of the land;
(d)    Building setback lines; and
(e)    Zoning of subject property and adjacent parcels.

This is not to be considered binding by the county or the owner of the property, but serves simply as a guide toward future development as each section of development is submitted for approval.
13-2-2   The applicant shall submit to the Administrator for approval by the Commission, six (6) copies of a site development plan. Additional copies may be required if revisions are necessary.
(a)   The site plan shall be clearly and legibly drawn in ink on white paper or on a print of a topographic map of the property at a scale of one hundred (100) feet, two hundred (200) feet, two hundred fifty (250) feet or three hundred (300) feet to the inch on sheets having a size of not more than twenty-four (24) inches by thirty-six (36) inches. The site plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.
(b)   Distances and bearings must balance and close with an accuracy of not less than one in twenty-five hundred (2500).

13-2-3   Whenever part of a tract is proposed for development and it is intended to develop additional parts in the future; a sketch plan for the entire tract shall be submitted with the site plan. This sketch is merely for informational purposes and is not binding on the subdivider or the governing body.
13-2-4   Site plan review by the Planning Commission shall require the same notification of adjacent property owners as required by Section 15.1-431 of the Code of Virginia, 1950 as amended, except that an advertised public hearing shall not be required. The notice shall state the type of use proposed, specific location of development, appropriate county office where the site plan .may be reviewed, and date of site plan review meeting.
13-3   Specific items to be shown. Amendment to final plans.
Any change to an approved Minor Site Plan or Final Site Plan shall require submission and approval of a new plan, except that minor changes may be approved administratively by the Planning and Zoning Director. A minor modification is one that, in the opinion of the Planning and Zoning Director, will not substantially alter the terms of the original approval. Applications for minor modifications of final approved plans made during periods of validity of such plans shall not constitute a waiver of the provisions of this section, nor shall the approval of minor modifications operate to extend the period of validity of any such plans. Each application or submission for an amendment to a plan shall be accompanied by the required fee.
13-3-1   Location of proposed development by an inset map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions, and other landmarks.
13-3-2   Name of development, owner, developer, surveyor or engineer, date of drawing, number of sheets, north point and scale. True or magnetic north may be used.
13-3-3   The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in twenty-five hundred (1:2500); total acreage, acreage of area to be developed, number and area of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract and adjoining such boundaries.
13-3-4   Certificates signed by surveyor or engineer setting forth the source of title of the owners of the land and the place of record of the last instrument in the chain of title.
13-3-5   A statement to the effect that the development as it appears on this site plan is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be signed by the owner, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds.

13-3-6   Profiles or contours showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith.
13-3-7   The accurate location and dimensions by bearings and distances with all curve data on all proposed street lines and centerlines of streets, boundaries of all proposed or existing easements, parks, school sites, all existing public streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the development and adjoining said boundaries.
13-3-8   A cross section showing the proposed street construction, depth, and type of base, type of surface, etc.
13-3-9   All parcels of land to be dedicated for public use and the condition of such dedication.
13-3-10   A blank oblong space three (3) inches by five (5) inches to be reserved for the use of the approving authority.
13-4   Improvements Site plan content.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying, shall be prepared by a qualified person. Final Site Plans submitted for approval shall be certified by an architect, landscape architect, engineer, or land surveyor licensed or certified to practice by the Commonwealth of Virginia within the limits of his respective license or certification.

The Major Site Plan shall include:

A.   The plan shall be prepared at a scale of not less than 1”=20’ except for the index sheet, unless approved by the Planning and Zoning Director.
B.   If the plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.
C.   Dimensions shall be in feet and decimals of feet to the closest one hundredth of a foot.
D.   The proposed title of the project and the name of the owner(s), engineer, architect, landscape architect, surveyor, and developer, as applicable.
E.   A signature panel to indicate approvals from the following:
a.   Planning and Zoning Director
b.   Virginia Department of Transportation
c.   Virginia Department of Health
d.   Thomas Jefferson Soil and Water Conservation District
e.   Nelson County Service Authority
F.   Tax Map and Parcel Number
G.   Adjacent property owners
H.   North arrow, scale graphic, and date.
I.   Vicinity map.
J.   Existing zoning and zoning district boundaries on the property in the development and on immediately surrounding properties. All special zoning requirements attached directly to the site as a result of the issuance of any Special Use Permit, variance, or rezoning.
K.   The boundaries of the property in the development, including bearings and distances.
L.   All existing property lines, existing streets or rights-of-way opened or unopened; buildings, watercourses, and lakes; and other existing physical features in or adjoining the project. The physical features, such as watercourses, waterways and lakes on the adjoining properties need only be shown in approximate scale and proportion;
M.   Features of particular historic, cultural, scientific, or scenic significance as identified in the Comprehensive Plan, by the Planning and Zoning Director, or by any County department or state agency having site plan review responsibilities, or by the Virginia Department of Historic Resources the Virginia Department of Conservation and Recreation, or the Virginia Outdoors Foundation including, but not limited to, historic features, archaeological features, and graveyards.
N.   Building setback lines; the location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general uses for each building; and the number, size, and type of dwelling units where applicable. Preliminary plans and elevations for main and accessory buildings.
O.   Type, location, height, and materials of all existing and proposed fences and walls.
P.   Site coverage, showing percentage of site in buildings, parking, and open space.
Q.   Existing and proposed topography and contour lines of the development site with a contour interval of two (2) feet or less.
R.   The location and size of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures; all overhead utilities and supporting poles in or affecting the development area, including existing and proposed facilities; and easements for these facilities, including the width of the easement.
S.   The location of all existing and proposed off-street parking and parking bays, loading spaces, and pedestrian walkways, indicating types of surfacing, dimensions of stalls, width of aisles and a specific schedule showing the number of parking spaces.
T.   Final plan for all signs to be erected and/or placed on building. The plan shall show the location and size of each sign along with the purpose of the sign.
U.   A final landscape plan.
V.   Outdoor lighting information, including a photometric plan and location, description and photograph or diagram of each type of outdoor luminary.
W.   All paving, including, without limitation, gravel or other pervious surfaces, shall be of a design and quality to support the traffic which can reasonably be expected to be generated by the proposed use.
X.   Limit of one-hundred-year floodplain, and floodway as defined in Article 10 of this Ordinance.
Y.   Location of any wetlands in compliance with applicable federal, state, and local definition of wetlands.
Z.   The location and dimensions of proposed recreation or open space, and required amenities and improvements, including details of disposition, in accordance with any open space or recreation plan adopted by the County.
AA.   Cul-de-sacs may not be construed or employed as a parking area. Suitable easements for future public water and sewer facilities necessary to serve the property shall be indicated on the plan.
BB.   All new electrical, telephone, cable television, fiber optic, and other utility lines on the site shall be installed underground.
CC.   To the greatest extent possible, parking areas shall not be located between the adjacent public right-of-way and the principal structure on the site unless topographic features or vegetation provide effective screening.
DD.   Site planning shall consider the future development of adjacent parcels as recommended by the Nelson County Comprehensive Plan or other approved local plan and as may be indicated by any filed site plan, whether approved or under review. The site plan shall provide for safe and convenient vehicular and pedestrian circulation between sites to be occupied by complementary uses.
EE.   If phasing is planned, phase lines and proposed timing of development.
FF.   A copy of the approved final Erosion and Sediment Control and Stormwater Management Plan.
GG.   Option: A Preliminary Major Site Plan may be submitted to the Planning Commission for review and comment prior to submittal of the Final Site Plan for review and approval.

A Minor Site Plan shall consist of the following:

A.   A vicinity map showing the location of the subject property.
B.   Boundary lines of subject property.
C.   General layout design of what is proposed on a scale not smaller than one (1) inch equals twenty (20) feet, including the location of all proposed streets, pathways, easements, and all proposed uses of the land. A different scale may be used provided it is approved by the Planning and Zoning Director
D.   Building setback lines.
E.   Zoning of subject property and adjacent parcel.
F.   Amount of land to be disturbed, including drain fields.
G.   Tax map and parcel number.
H.   Floodplains.
I.   Wetlands, streams, rivers, etc.
J.   Existing structures and roads.
K.   Existing and proposed topography and contour lines of the development site with a contour interval of twenty (20) feet or less for Minor Site Plans, supplemented where necessary by spot elevations.
L.   The location of all existing and proposed utilities and easements including the width of the easement.
M.   A legend that shows.
•   Ownership (Name and Address)
•   North arrow
•   Graphic scale
•   Area in acres
N.   A signature panel to indicate approvals from the following:
•   Planning and Zoning Director
•   Virginia Department of Transportation
•   Virginia Department of Health
•   Thomas Jefferson Soil and Water Conservation District
•   Nelson County Service Authority
O.   Any other information which the Planning and Zoning Director deems necessary for the proper consideration of the application.

13-5 Validity of site plans.
a. An approved Minor Site Plan or Final Site Plan shall be valid for a period of five (5) years from the date of approval, or for such longer period as the Planning and Zoning Director may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed site. A plan shall be deemed final once it has been reviewed and approved by the Planning and Zoning Director or Planning Commission, where the only requirement remaining to be satisfied in order to obtain a building permit is the posting of required bonds and escrows.

b. Upon application filed prior to expiration of a plan, the Planning and Zoning Director may grant one (1) or more extension of such approval for additional periods as he may determine reasonable, taking into consideration the size and phasing of the proposed site and the laws, ordinances and regulations in effect at the time of the request for an extension.

c. For so long as the final approved plan remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the plan, unless: (1) the change or amendment is required to comply with state law, or (ii) there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

13-4   Improvements.
13-6   Improvements
13-4-1   13-6-1 All required improvements should be installed by the developer at his cost. In cases where specifications have been established either by the Virginia Department of Highways for streets, curbs, etc., or by local ordinances and codes, such specifications shall be followed. The developer’s bond shall not be released until construction has been inspected and approved by the governing body. All improvements shall be in accordance with the following requirements:
a.   Streets. All streets in the proposed development shall be designed and constructed by the developer at no cost to the locality.
b.   Alignment and layout. The arrangement of streets in developments shall make provision for the continuation of existing streets in adjoining areas and proposed streets on adjacent approved site plans. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Where, in the opinion of the Commission, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for development will not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas streets running with contours shall be required to intersect at angles of not less than sixty (60) degrees, unless approved by the Administrator Planning and Zoning Director upon recommendation of the highway engineer.
c.   Service drives. Whenever a proposed development contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed development. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades.
d.   Approach angle. Major streets shall approach major or minor streets at an angle of not less than eighty (80) degrees, unless the Administrator Planning and Zoning Director, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain, or matching of existing patterns.
e.   Minimum widths. The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan, or if not shown on such plan shall be as specified by the Virginia Department of Highways for acceptance into the State Secondary System.
f.   Construction requirements. All public streets shall be constructed to requirements as specified by the Virginia Department of Highways for acceptance into the State Secondary System.
g.   Minimum street construction. Private streets will be so constructed as to alignment and grade, that the minimum grade is no greater than the Virginia Department of Highways Standards for the particular terrain. Road metal or base shall be of a material and width acceptable to the Virginia Department of Highways. Proper drainage shall be installed and maintained.
h.   Names. Proposed streets, which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane, or court. Street names shall be indicated on the preliminary and final plats, and shall be approved by the Administrator Planning and Zoning Director. Names of existing streets shall not be changed except by approval of the governing body.
i.   Storm drainage facilities. The developer shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The developer shall also provide plans for all such improvements together with a properly qualified certified engineer’s or surveyor’s statement that such improvements, when properly installed, will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The developer shall also provide any other information required by the highway engineer. The developer shall install the approved storm drainage facilities.
j.   Fire protection. Adequate fire hydrants in a development at locations approved by the Administrator Planning and Zoning Director shall be installed by the developer, provided adequate public water is available. The location of the fire hydrants shall meet the National Board of Fire Underwriters specifications.
k.   Easements. The Commission may require that easements for drainage through adjoining property be provided by the developer. Easements of not less than fifteen (15) feet in width shall be provided for drainage, water, sewer, power lines and other utilities in the subdivision when required by the Administrator Planning and Zoning Director.
l.   Bond. Before any site plan will be finally approved the developer shall, in lieu of construction, furnish bond, or other security acceptable to the governing body, in an amount calculated by the Administrator Planning and Zoning Director to secure the required improvements in accordance with specifications and construction schedules established, which bond shall be payable to and held by the governing body.
m.   Plans and specifications. Two (2) blue or black line prints of the plans and specifications for all required physical improvements to be installed, shall be prepared by a licensed surveyor or licensed engineer and shall be submitted to the Administrator Planning and Zoning Director for approval or disapproval within sixty (60) days. If approved, one (1) copy bearing certification of such approval shall be returned to the developer. If disapproved, all papers shall be returned to the developer with the reason for disapproval in writing. If no action in sixty (60) days, the plat shall be deemed approved.

13-4-2 13-6-2   Where the developer can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Administrator Planning and Zoning Director a departure may be made without destroying the intent of such provisions, the Commission may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the Commission, with the reasoning, on which the departure was justified, set forth. No such variance may be granted by this ordinance, which is opposed in writing by the highway engineer or health official.
13-5 13-7 Approval procedures. Administration.
13-5-1   Site plans shall be submitted to the Administrator for approval by the Planning Commission.
13-5-2   The Administrator shall be authorized to consult with the Virginia Department of Highways and Transportation, the Department of Health, the Soil Conservation Service and any other officials and professional representatives he deems necessary, in the preparation of his comments and recommendations.
13-5-3   The Administrator, within thirty (30) days, shall transmit all applications for site development plan approval, together with his comments and recommendations, to the Planning Commission.
13-5-4   The Commission shall approve or disapprove the site plan within sixty (60) days from the date of application. In so doing, the Commission shall give due consideration to the recommendations of the Administrator. In addition, it may consider such other evidence, as it deems necessary for a proper review of the application.

13-5-5 Any person aggrieved by any decision of the Planning Commission in the administration of this article may demand a review of the application by the governing body. Such demand shall be made by filing a request therefore in writing with the County Planning Commission within ten (10) calendar days of the date of such decision. The governing body may affirm, reverse or modify, in whole or in part, the decision of the Commission. In so doing, the governing body shall give due consideration to the recommendations of the Administrator and the Planning Commission. In addition, it may consider such other evidence, as it deems necessary for a proper review of the application. For purposes of this section, the term “person aggrieved” shall be limited to the applicant, persons required to be notified pursuant to this article, and any interested governmental agency or officer thereof.
13-5-6 The governing body reserves unto itself the right to review all decisions of the Commission made in the administration of this article which, in its discretion, it shall deem necessary to the proper administration hereof.

A. Administrative Authority.

1.   The Board of Supervisors designates the Planning Commission to review and act to approve or disapprove Final Site Plans within its jurisdiction.
2.   The Planning and Zoning Director is designated to review and act to approve or disapprove Minor Site Plans, provided however, that the Planning and Zoning Director may refer any application within his jurisdiction to the Planning Commission for review and action.
3.   In the performance of its duties in the review of Final Site Plans, the Planning Commission shall request and consider the review and comments of the Planning and Zoning Director, the Site Plan Review Committee, selected County staff, and other public agencies.
4.   Approval Procedures.

a. The Planning and Zoning Director shall consult with the Virginia Department of Highways and Transportation, the Department of Health, and any other officials and professional representatives he deems necessary in preparation of his comments and recommendations.

b. Upon the official submission of a Final Site Plan, the Planning Commission shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time.

c. Upon the official submission of a plan requiring approval by the Planning and Zoning Director, the Planning and Zoning Director shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time.

d. An “official submission” is a plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article.

B. Other Administrative Considerations.

1. The Planning and Zoning Director, as the designated agent of the Planning Commission, shall be responsible for the receipt and processing of all site plan applications, subject to the procedures provided in this chapter.

2. The Planning and Zoning Director may establish, from time to time, such proper and reasonable administrative procedures, in addition to those provided herein, as shall be necessary for the proper administration of this chapter.

3. County Staff and other designated public officials responsible for the supervision, inspection, testing and enforcement of this chapter shall have the right to enter upon any property subject to the provisions of this chapter and the Zoning Ordinance at all reasonable times during the periods of plan review and construction for the purpose of ensuring compliance with this chapter.

4. It shall be the responsibility of the applicant, owner or developer to notify the Planning and Zoning Director when each stage of the development shall be ready for field inspection for compliance with the approved site plan in accordance with testing and inspection schedules and regulations promulgated by this chapter.

C. Waiver of Requirements for a Site Plan.

The Planning and Zoning Director, at his sole discretion, may waive the requirement for a Minor Site Plan or any required element specified within it upon consideration of the factors outlined below.

The Planning Commission, at its sole discretion, may waive the requirements for the Major Site Plan or any required element specified within it upon consideration of the following factors:

1. Where it can be clearly established by the applicant that the use will not require the improvements subject to review in this chapter.

2. Where it can be clearly demonstrated by the applicant that a waiver from the requirement to submit a site plan (or a portion thereof) will be in keeping with the intent of this chapter.

3. Where it can be clearly shown that the application for a site plan and building permit involves building and safety regulations which are not critical to the purpose and intent of the Zoning Ordinance.

4. Where it can be clearly established by the applicant that such waiver will not have an adverse effect on: (a) the public health, safety, welfare, and convenience; (b) the planning for and provision of adequate public facilities, utilities, drainage, environmental controls, and transportation facilities; (c) preservation of agricultural, forestry and conservation lands; and (d) other relevant considerations related to the Comprehensive Plan.

5. Where it can be demonstrated that any change in, or expansion of, a use that meets the following criteria:

a. Such change or expansion does not occasion additional parking as required by this ordinance, and

b. No additional ingress/egress to a public road or changed ingress/egress is recommended by the Planning and Zoning Director based on intensification or use, and

c. No additional ingress/egress or alteration of existing ingress/egress is proposed, and

d. Disturbed land is less than 5000 square feet in area, and

e. It has been verified in writing by the Planning and Zoning Director that: (a) availability and connection to water and sewer are attainable; or (b) adequate private well and septic facilities can be provided where public water and sewer are not available.

6. An applicant seeking a waiver from a requirement to submit a Major or Minor Site Plan (or any portion thereof) shall, upon request, provide written documentation to the Planning and Zoning Director addressing the applicable conditions for waiver.

For Final Site Plan waivers, the Planning and Zoning Director shall refer the request and applicant’s supporting documentation to the Planning Commission for action at its next regularly scheduled meeting. The applicant shall be notified in writing of the outcome of such action by the Planning and Zoning Director within ten (10) days upon action by the Planning Commission.

7. Notwithstanding any grant of waiver, the applicant is not relieved by such grant of having to obtain all necessary permits and approvals, including but not limited to a building permit, erosion and sediment control permit, and, upon completion of improvements, a certificate of occupancy.

13-6 13-8   Conditions. Reserved for future use.
The plat shall not be approved until the developer has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has made satisfactory arrangements for performance bond, cash or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the Administrator. Approval of final site plan shall be written on the face of the plat by the Administrator and the chairman of the Planning Commission.
One (1) copy of the site plan will be returned to the property owner, one (1) copy will be retained in the files of the Administrator, and one (1) copy will be available for use by the Administrator or his representative in the field. If not approved, the Commission will return one (1) copy to the owner, with corrections to be made indicated thereon.
13-7 13-9 Fees.
There shall be a charge for the examination and approval or disapproval of every site plan. reviewed by the Commission. At the time of filing the site plan, the developer shall deposit with Nelson County a check payable to the Treasurer of Nelson County in the amount of: twenty-five dollars ($25.00) per site plan and five dollars ($5.00) per acre for the first five (5) acres and two dollars and fifty cents ($2.50) per acre for all acres after the first five (5) acres.
a.   $500.00 – Major Site Plan Approval
b.   $100.00 – Planning Commission Review and Comment on Preliminary Major Site
c.   $100.00 – Minor Site Plan
d.   $100.00 – Site Plan Amendment
13-8 13-10 Intentional Community.
13-8-1 13-10-1 Intentional Communities shall be subject to the provisions of Article 13 of the Zoning Ordinance of Nelson County.
13-8-2 13-10-2 Density.
Intentional Communities shall have a density of no greater than one (1) dwelling per two (2) acres, unless there is central water or sewer. If the Intentional Community is to exceed the density of one (1) dwelling per two (2) acres, then the Intentional Community shall construct either a central water or central sewer system. Clustering will be allowed in an Intentional Community, but dwellings must be at least fifty (50) feet apart.
13-8-3   13-10-3 Road Standards.
For Intentional Communities that have private streets serving between three (3) and twenty (20) dwellings, each private street must be constructed to the Class 1 road standards described in the Subdivision Ordinance of Nelson County. For Intentional Communities with private streets serving more than twenty (20) dwellings, each private street must be constructed to the Class 2 road standards described in the Subdivision Ordinance of Nelson County. All streets shall be named. Street names must be approved by the County Administrator. Names of existing streets shall not be changed except by approval of the County Administrator.
13-8-4   13-10-4 Fire Protection.
Where public water is available, the developer shall install fire hydrants. The location and number of fire hydrants shall comply with the regulations of the Nelson County Service Authority. Where public water is not available and the Intentional Community contains fifteen (15) or more dwellings, the Intentional Community shall provide both dry hydrant with a natural or manmade water source meeting the specifications contained in the National Fire Code and an all-weather access road to the same.
13-8-5   13-10-5 Open Space.
At least sixty (60) percent of the property must be unimproved land, which may consist of any combination of open space, cultivated agricultural or forestall lands. This requirement also applies to any future subdivision of the subject parcel.
13-8-6   13-10-6 Substandard Intentional Communities.
An existing Intentional Community, which is not in conformity with this ordinance, may be further developed; however, any further development shall conform to the provisions of this ordinance and any other applicable local ordinances. If an Intentional Community is developed in accordance with a previously approved plan, the provisions of this ordinance do not apply. If an Intentional Community is developed beyond what is included in a previously approved plan, then the provisions of this ordinance do apply.
If, in the opinion of the Planning Commission, total compliance is impractical, the Planning Commission may approve further development of an Intentional Community which is not in compliance with the provisions of this ordinance if such further development will comply more closely to the existing local ordinances than does the substandard Intentional Community. Any exception so authorized shall be set forth in a written statement by the Planning Commission detailing the reason for the exception and filed as an addendum to the site plan.
13-8-7   13-10-7 Subdivisions.
Any subdivision of property for the purpose of conveying parcels of land developed under Section 13-8 can be subdivided only after meeting all provisions of the Nelson County Subdivision Ordinance in effect at the time the subdivision is requested.         (Res. of 2-14-95)

ARTICLE 16. AMENDMENT AND REZONING
16-1   Procedures for amendment.
The regulations, restrictions and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body pursuant to Section 15.1-493 15.2-2285 of the Code of Virginia, as follows:
16-1-1   By the filing with the Zoning Administrator of a petition by owners or contract owners of land proposed to be rezoned, which petition shall be accompanied by a fee of twenty-five dollars ($25.00). A petition for rezoning shall be made by all property owners, contract purchaser with the owners’ written consent, or the owners’ agent. The petition shall be submitted to the Planning and Zoning Director together with a Minor Site Plan pursuant to Article 13, Section 13-1-2 of this Chapter and the required fee.
16-1-2   By the adoption by the governing body of a resolution of intention to amend, which resolution, upon adoption, shall be referred to the Planning Commission.
16-1-3   By the adoption by the Planning Commission of a resolution of intention to propose an amendment.
16-2   Public hearing.
16-2-1   The Planning Commission shall hold at least one (1) public hearing on such proposed amendment after notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia, and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the Commission shall present the proposed amendment to the governing body together with its recommendations and appropriate explanatory materials.
16-2-2   No change shall be made by the governing body in the zoning ordinance or zoning map unless the governing body has referred the proposed change to the Planning Commission for its recommendations. Failure of the Commission to report sixty (60) days after the first meeting of the Commission after the proposed change has been referred to the Commission, shall be deemed approval.
16-2-3   Before approving and adopting any amendment, the governing body shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia, after which the governing body may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by Section 15.1-431 15.2-2204 of the Code of Virginia. An affirmative vote of at least a majority of the members of the governing body shall be required to amend the zoning ordinance.
16-4-7   Any zoning applicant who is aggrieved by the decision of the zoning administrator Planning and Zoning Director under Section 16-4-5 may petition the governing body for review of such decision(s).
Such petition shall be filed with the Administrator Planning and Zoning Director within thirty (30) days after the decision appealed from. The Administrator Planning and Zoning Director may schedule an appeal hearing by the governing body within forty-five (45) days of receipt of written notice of appeal (addition recommended by Commonwealth Attorney). The Administrator Planning and Zoning Director shall forward the petition and his justification for his the decision(s) to the governing body and aggrieved person no less than ten (10) days prior to the next regularly scheduled meeting of the governing body. Written notice of such meeting shall be given to all parties are required by Section 15.1-431 15.2-2204 of the Code of Virginia.

Motion made by Commissioner: Michael Tapager   APPROVED:
Planning Commission Chair
Motion seconded by Commissioner:   Allen Hale
ATTEST:
Secretary – Planning Commission
Motion Passed: 5-0                   DATE:     June 23, 2010

A RESOLUTION
RECOMMENDING APPROVAL OF
AMENDMENTS TO APPENDIX A, ZONING,
RELATING GENERALLY TO ZONING

WHEREAS, the Planning Commission has identified the need to make several amendments to the current Zoning Ordinance to correct omissions and make editorial changes; and

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

WHEREAS, on May 26, 2010, the Planning Commission reviewed the proposed changes and concurred with the changes; and

WHEREAS, a notice of Public Hearing for formal consideration of the proposed amendments by the Nelson County Planning Commission was published in the Nelson County Times on June 10 and 17, 2010; and

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 recommends to the Board of Supervisors approval of the following amendments to the Nelson County Zoning Ordinance:

Table of Contents
*Editor’s note- This appendix contains the zoning ordinance adopted on January 11, 1977, as amended through May 31, 2007 May 11, 2010. Style and capitalization have been made uniform. Obvious misspellings have been corrected without notation and material in brackets [ ] has been added for clarity.

ARTICLE 4. AGRICULTURAL DISTRICT A-1
4-1   Uses – Permitted by right
4-1-27   Temporary placement and occupancy of a travel trailer not to exceed ten (10) consecutive days.
4-1-a   Uses – Permitted by Conditional Use Permit only.
4-1-21a   Golf Courses
4-2   Lots Allowed and Area Regulations
4-2-1
>75

(> greater than) A parcel of land larger than 75 acres has additional division rights allowable lots, provided each additional lot created is 20 acres or more in size.

ARTICLE 6. RESIDENTIAL DISTRICT R-2
6-6 Height regulations.
6-6-4 No accessory building which is within ten (10) feet of any party property line shall be more than one (1) story high. All accessory building shall be less than the main building in height.

ARTICLE 8A. BUSINESS DISTRICT B-2
8A-2 Height regulations.

8A-2-4 No accessory building which is within ten (10) feet of any party property lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height.

ARTICLE 14. BOARD OF ZONING APPEALS*
14-2 Powers and duties of Board of Zoning Appeals.
14-2-3 To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the properties affected by any such question, and after public hearing with notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia, 1950, as amended, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular district in question.

ARTICLE 20. COMMUNICATION TOWER ORDINANCE
20-8-9 Approval.
The Nelson County Planning Commission shall act on the Class III Communication Tower site plan and tower design plan at a public hearing after notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia as amended, within sixty (60) days upon receipt of a complete application. This time period may be extended for a period of sixty (60) days or less, providing both parties agree to the extension. The Planning Commission shall forward a written recommendation on both plans to the Nelson County Board of Supervisors.
After public notice and hearing as required by Section 15.1-431 15.2-2204 of the Code of Virginia as amended, the Nelson County Board of Supervisors shall act on the Class III Communication Tower permit. The Board will render its decision within ninety (90) days unless this time period is mutually extended by both parties in a written report detailing the reason(s) for approval, modifications, conditions, or denial.
20-13-2 No such special exceptions shall be authorized except after notice and hearing as required by Section 15.1-431 15.2-2204 of the Code of Virginia, as amended.

Motion made by Commissioner: Michael Tapager
APPROVED:
Motion seconded by Commissioner: Linda Russell
ATTEST:
Secretary – Planning Commission
Motion Passed: 5-0 DATE: June 23, 2010

Planning Commission Meeting Minutes-April 28, 2010

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Planning Commission Meeting Minutes December 16, 2009

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Planning Commission Meeting Minutes November 18, 2009

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NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
November 18, 2009

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt

Absent: Commissioners Michael Harman, Michael Tapager, and Supervisor Tommy Bruguiere

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:45 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston. She announced that it was necessary to cancel the meeting due to lack of quorum and apologized to attendees for inconvenience. All items will be rescheduled for December 16, 2009.

Adjournment: Meeting was adjourned at 7:50 P. M.

Respectfully submitted,

Betty M. Fortune
Planning Commission Secretary

Planning Commission Meeting Minutes September 23, 2009

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NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
September 23, 2009

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Tapager, Emily Hunt, Michael Harman

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston. She announced that Supervisor Bruguiere would be unable to attend the meeting due to a death in the family.

Approval of Minutes: August 26, 2009 – Commissioner Hunt made a motion to approve the minutes as presented, and motion passed 5-0. September 3, 2009 Work Session – Commissioner Tapager made a motion to approve the minutes as presented, Commissioner Hunt abstained, and motion passed 4-0.

Special Use Permit #2009-003 – Jeremy Scott & Cynthia G. Kennedy (Deferred by PC on August 26, 2009 when public hearing was held.)

(See minutes of August 26, 2009 for background on this request.)

Mr. Boger asked Commissioners to review Section 12-3-6 of the zoning ordinance for guidelines in considering Special and Conditional Use Permits, as follows:

12-3-6   In the governing body’s consideration to grant, deny, or grant conditionally a Conditional Use Permit or Special Use Permit, the governing body shall consider the following guidelines and standards:
(a)   The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate;
(b)   The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property.
He stated that by following these guidelines, very few Special Use Permits are challenged in court. Conditions can be placed on the Special Use Permit, such as those placed on a public garage in Schuyler owned by Timothy Miller, i.e. number of vehicles allowed on the property while awaiting repair, and storage of vehicles, parts, etc. All conditions were met by Mr. Miller.

Mr. Boger added that additional letters have been received from neighboring property owners as well as a letter from Tom Eick, Health Department Official.

Chair Proulx asked Mr. Kennedy how junk parts would be disposed of. Mr. Kennedy said they would be placed on a trailer and then taken to a scrap yard. She also questioned how vehicle fluids would be stored. Mr. Kennedy said DEQ has been consulted and they have no recommendations. It is understood that if there is a spill, it would be cleaned up and placed in a dumpster for disposal. Chair Proulx asked if he would be doing regular repair work or just body work, and Mr. Kennedy said he wouldn’t.

Commissioner Russell asked what happens to the runoff water when it rains and vehicles are stored outside the storage area. Mr. Kennedy said a macadam surface must be laid according to Health Department. There will also be curbing around the storage area. Mr. Boger said that DEQ gets involved if there is a complaint concerning environmental issues. Mr. Kennedy said that all painting booths must follow federal and state guidelines.

Commissioner Russell said the Commission appreciated the calls and letters from concerned citizens. She consulted several sources for guidance, namely the Zoning Ordinance where the Statement of intent for the A-1 zoning district reads as follows: This district is designed to accommodate farming, forestry, and limited residential use. While it is recognized that certain desirable rural areas may logically be expected to develop residentially, it is the intent, however, to discourage the random scattering of residential, commercial, or industrial uses in this district. Further, the Comprehensive Plan designates Rt. 635 (Greenfield Road) at the confluence of Taylor and Perry Creeks as one of five scenic vistas in the County. She also has given consideration to the guidelines for approving all SUPs and CUPs. Based on these sources, she said she was not convinced that this lot is the right place for this business.

Commissioner Hunt said she was impressed by the way the Kennedys and their neighbors have communicated during this time , but agrees with Commissioner Russell that this is not the best location for the business though she would like to see it succeed. Commissioner Tapager said that it seemed everyone was respectful of others, even when opposing views were expressed. He agreed with Commissioners Russell and Hunt about the location of the business. He said the Zoning Ordinance was clear and spells out reasons to deny the application. Commissioner Harman concurred.

Commissioner Russell asked if the motion should contain conditions so that if the BOS approved the SUP, it would have an outline of limitations that could be placed on the property. The Commissioners generally felt that the conditions should not be included in the motion.

Commissioner Russell made the following motion to deny the SUP application, as stated in the following resolution :

The Commission recommends to the Board of Supervisors the denial of approval of Special Use Permit #2009-003 for Jeremy Scott and Cynthia G. Kennedy to operate a public garage for automotive repair to be located on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635), Afton, Virginia, Tax Map #13-9-A5, for the following reasons:
1)   Approval of a public garage on this site alters the character and established pattern of development in the neighborhood, which is almost exclusively residential with an occasional agricultural use.
2)   As evidenced by a submittal received today (September 23, 2009), it [approval of a public garage on this site] will certainly adversely affect the value of neighboring properties.
3)   [Approval of a public garage on this site is] incompatible with the Comprehensive Plan which specifically cites this area as a scenic vista to be preserved.
Commissioner Harman provided the second.

Chair Proulx said she has struggled with this decision because there are valid concerns on both sides. The vote was taken with Chair Proulx voting no and all other Commissioners voting yes. Motion passed 4-1. This petition will be considered by the Board of Supervisors on October 13, 2009.

Site Plan #2009-003 – Afton Family Practice in Association with Martha Jefferson Hospital

Mr. Boger reported that the final site plan has been submitted for Afton Family Practice to be located at the intersection of Rockfish Valley Highway and Tanbark Drive, Afton, Tax Map 6-A-34, owned by Tommy and Diane Harvey. The Board of Supervisors approved Conditional Use Permit #2008-003 on January 13, 2009 to permit construction of offices, professional and services on this parcel. The proposed building will be one story with basement for a total of 10,746 sq. ft. Fifty-nine parking spaces will be provided, and a significant portion of the site will be used for stormwater quality and management and the required septic drainfield.

Mr. Boger added that the site plan was well prepared and other requirements met such as providing details of light fixtures and office sign, submittal of the E & S plan to TJS&WCD, and completion of site and soil evaluations and well site which meet requirements for a public water supply. Two entrances have been approved by VDOT – one from Rockfish Valley Highway and one from Tanbark Drive.

Mr. Massie Saunders, Surveyor, represented Tommy Harvey and Jim Gates. He said that small signs may be used closer to the building to direct clients to the medical center or offices of other potential tenants in the building. Mr. Boger said signs can be 2 sq. ft. The site plan being reviewed by the Commission has been consolidated on one page. The site plan presented for approval signatures will be prepared on several detailed sheets and contain appropriate signature spaces. Mr. Saunders showed an architectural drawing of the building as it faces Rockfish Valley Highway.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Russell read the entire resolution which resulted in the following motion:

The Nelson County Planning Commission approves Site Plan #2009-003 dated August 24, 2009 for Afton Family Practice in Association with Martha Jefferson Hospital for an approximate 10,750 sq. ft. one story with basement building and associated parking located at the intersection of Tanbark Drive and Rockfish Valley Highway, Afton, Virginia, Tax Map #6-A-34, on property owned by Tommy and Diane Harvey, under Conditional Use Permit #2008-003, with the condition that directional signs be submitted to the Planning Director for approval.

Commissioner Harman provided the second, and motion passed 5-0. BOS approval is not required for a site plan.

Preliminary Plat – Rolland J. & Mildred Colella

Mr. Boger reported that the Morris Foster, Surveyor, submitted a preliminary subdivision plat to divide Lot 14 in Edgewood Park Subdivision located at 215 Flying Eagle Court, Nellysford, Tax Map #21-13-14, owned by the Colellas. The new lot will be served by private well and septic system and soil work will be completed prior to the final plat being submitted. The new flood maps appear to show the property is outside the floodplain. The road for the new lot will need to be extended to provide adequate road frontage. The Zoning Ordinance does not currently address minimum road frontage requirements for cul-de-sacs.

Mr. Boger received a telephone call stating that there are covenants to this subdivision that prohibit lots from being divided. Mr. Foster said that he has researched the covenants and found that they were amended July, 2007; however, he can find no reference prohibiting further division of the lots. No minimum lot size was specified in the covenants, so County standards will be used. The driveway to the existing home comes off the cul-de-sac and the new lot will do likewise.

The public hearing was opened, there were no comments, and public hearing was closed. It was noted that the submission did not meet the Zoning Ordinance requirements for preliminary site plan approval.

Commissioner Russell made a motion to approve the preliminary plat, as stated in the following resolution :

The Nelson County Planning Commission approves the preliminary subdivision plat for Rolland J. and Mildred Colella of Nellysford, Virginia, to divide 6.36 acres into two lots of 4.2 and 2.16 acres. The property is located in Edgewood Park Subdivision, Lot 14, Tax Map #21-13-14, as shown on the plat by Wm. Morris Foster dated 08-17-2009. The final plat must reflect all of the County’s preliminary and final plat requirements before approval.

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

Conditional Use Permit #2009-003 – OAM Properties; Paul Cangialosi

Mr. Boger reported that Mr. Cangialosi is requesting a CUP to operate a pizza shop/pizzeria in a portion of an existing building located at 917 Gladstone Road in Gladstone, Tax Map #97B-1-A-5. The first floor was formerly used as a post office and the second level is currently used as an apartment. Mr. Cangialosi plans to enlarge the apartment over the flat roof portion of the building which will address leakage problems from the roof. A schematic has been submitted. Mr. Cangialosi said that all lots in that area are approximately the same size, i.e. 3500 sq. ft. He owns lot 4 also which is graveled with one handicapped parking space.

Commissioner Russell asked if a commercial entrance would be needed. Mr. Boger said that the VDOT representative submitted no written comment to the site plan review committee regarding this, so he assumed it would not be needed. There are 2 parking places now and more will be available after lot 4 is cleared. No public bathrooms are planned, unless required. Signage will be on the sides of the building facing traffic and will not be lighted.

Commissioner Harman said this was a good use of the building. Mr. Cangialosi said he wants to offer a good product at a reasonable price.

Chair Proulx stated that the schematic plan requirements should be consistent with all applications; however, it is possible that the topo requirement could be waived since the property has an existing building on it and is very flat. The zoning, for example, must be added to the schematic. Mr. Boger said the zoning was A-1.

The public hearing was opened, there were no comments, and public hearing was closed.

Mr. Cangialosi said planned hours of operation would be Thursday & Friday nights – 5 – 10:00 P.M. and Saturday & Sunday – Noon to 10:00 P. M. Wednesdays are a possibility if business warrants.

Commissioner Russell made a motion to recommend approval of the CUP, as stated in the following resolution :

The Nelson County Planning Commission recommends approval of Conditional Use Permit #2009-003 for OAM Properties, Paul Cangialosi owner, pursuant to Section 4-1-11a of the Zoning Ordinance to operate a restaurant (carry-out pizzeria) at 917 Gladstone Road, Gladstone, Virginia, Tax Map #97B-1-A-5, per site plan submitted September 23, 2009. Conditions will be that any signs on the building will be unlit and operating hours will be no later than 10:30 P. M.

Commissioner Hunt provided the second, and motion passed 5-0. A site plan will need to be submitted.

Proposed Zoning Ordinance Amendments – Section 4-2-1b & 1c and Section 5-2-1b and 1c – Lot size in A-1 and R-1 with Nelson County Sewage Disposal System

[Background: These amendments are a result of the Board of Zoning Appeals and Board of Supervisors’ request that the Commission address the possible need to amend the lot sizes in the Zoning Ordinance in A-1 and R-1 zoning districts where public sewer is now available. As a result, the Commission held a work session to discuss these amendments and tonight a public hearing is being held. The proposed amendments were listed on the Agenda.]

Chair Proulx introduced the amendments and Mr. Boger had no further comment.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Russell proposed that the wording for the four sections be changed to be more consistent with each other, and made a motion that the Planning Commission recommend these amendments to the Board of Supervisors, as stated in the following resolution :

Article 4. AGRICULTURAL DISTRICT, A-1
Section 4-2   Lots Allowed and Area Regulations
4-2-1b   For single family dwelling units utilizing the Nelson County public sewage disposal system, the required area for any such use shall be thirty-thousand (30,000) sq. ft.
4-2-1c   One For a two-family detached dwelling unit per on a single lot utilizing the Nelson County public sewage disposal system, the required area for such use shall be lot with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system.
Article 5. RESIDENTIAL DISTRICT, R-1
Section 5-2   Area Regulations
5-2-2 1b   For permitted uses single family dwelling units utilizing the Nelson County public sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft.
5-2-1c   For a One two-family detached dwelling unit per on a single lot utilizing the Nelson County public sewage disposal system, the required area for such use shall be with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system.

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

Other Business:
1)   Proposed Amendments to Articles 12, 13, and 16 – This will be held for discussion at the October meeting.
2)   Proposed Amendment to Article 12, Section 12-12. Mr. Boger presented the following as an amendment to this section which deals with electrical hookup for certain types of homes:
12-12   Electrical hookup for manufactured home, mobile home, recreational vehicle, or travel trailer. It shall be unlawful for any electric company or cooperative to furnish electric service for any manufactured home, mobile home, recreational vehicle, or travel trailer, as the term applies, unless the owner thereof produces a special use permit zoning permit issued by the Zoning Administrator of Nelson County authorizing the placing of the manufactured home, mobile home, recreational vehicle, or travel trailer at the location where said electric service is to be installed, which permit number may be checked against the records of said Zoning Administrator for the purpose of ascertaining the validity of the permit.
It shall be the duty of the owner to display in a prominent and visible place a good and valid special use zoning permit at all times after requesting installation of electric service and until such services have been installed.
It shall be unlawful for any person to provide electrical services to a manufactured home, mobile home, recreational vehicle, or travel trailer in Nelson County when the manufactured home, mobile home, recreational vehicle, or travel trailer is to be used and/or equipped as a dwelling or residence unless the lessee or owner thereof produces a valid special use zoning permit. Any violation of this article shall constitute a misdemeanor.

Mr. Boger stated that this section could possibly be deleted from the ordinance since these regulations are in place through the Building Inspections office. Commissioner Tapager made a motion that the Planning Director be authorized to advertise for a public hearing on this amendment, subject to County Attorney comments. Motion passed 5-0.

BOS Liaison Report – None

Next Meeting – October 28, 2009
Public Hearing – Section 12-12
Discussion – Articles 12, 13, 16
Communication Tower Ordinance
“Ticking Clock 2”
Dam Inundation

Adjournment
At 9:50 P. M. Commissioner Harman made a motion to adjourn the meeting. Motion passed 5-0.

Respectfully submitted,

Betty M. Fortune
Secretary

A RESOLUTION
TO RECOMMEND DENIAL OF APPROVAL OF SPECIAL USE PERMIT #2009-003
FOR JEREMY SCOTT AND CYNTHIA G. KENNEDY

WHEREAS, Mr. and Mrs. Kennedy have requested a Special Use Permit under Section 4-1-4b of the Zoning Ordinance to operate a public garage for automotive repair to be located on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635), Afton, Virginia, Tax Map #13-9-A5; and

WHEREAS, notice of public hearing was published in the Nelson County Times on August 6 and August 13, 2009 and notice of non-public hearing was published on September 3 & 10, 2009; and

WHEREAS, a notice to adjacent property owners was mailed on August 13, 2009 and again on September 16, 2009; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the public;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

The Commission recommends to the Board of Supervisors the denial of approval of Special Use Permit #2009-003 for Jeremy Scott and Cynthia G. Kennedy to operate a public garage for automotive repair to be located on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635), Afton, Virginia, Tax Map #13-9-A5, for the following reasons:
1) Approval of a public garage on this site alters the character and established pattern of development in the neighborhood, which is almost exclusively residential with an occasional agricultural use.
2) As evidenced by a submittal received today (September 23, 2009), it [approval of a public garage on this site] will certainly adversely affect the value of neighboring properties.
3) [Approval of a public garage on this site is] incompatible with the Comprehensive Plan which specifically cites this area as a scenic vista to be preserved.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman
Motion Passed: 4-1 (Chair Proulx voting no.)
APPROVED: __________________________
CHAIR
ATTEST: _____________________________
Planning Commission Secretary
DATE: September 23, 2009 ________

A RESOLUTION
APPROVING SITE PLAN #2009-003 FOR
AFTON FAMILY PRACTICE IN ASSOCIATION WITH
MARTHA JEFFERSON HOSPITAL

WHEREAS, Mr. P. Massie Saunders, Surveyor, representing Tommy and Diane Harvey and Jim Gates, has submitted a site plan for the construction of an approximate 10,750 sq. ft. one story with basement building and associated parking located at the intersection of Tanbark Drive and Rockfish Valley Highway, Afton, Virginia, Tax Map #6-A-34, owned by Tommy and Diane Harvey, and to be occupied by Afton Family Practice in Association with Martha Jefferson Hospital and additional professional offices and services; and

WHEREAS, a notice of Public Hearing for the review of the site plan by the Nelson County Planning Commission was published in the Nelson County Times on September 3 and 10, 2009; and

WHEREAS, the Planning Commission also considered Staff comments and reviewed all documentation submitted for this site plan; and

WHEREAS, on September 23, 2009, the Nelson County Planning Commission held the required public hearing on said site plan;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman
Motion Passed: 5-0 APPROVED: ___________________________
CHAIR
ATTEST: _______________________________
Planning Commission Secretary DATE: September 23, 2009

A RESOLUTION
APPROVING THE PRELIMINARY
SUBDIVISION PLAT FOR ROLLAND J. AND MILDRED COLELLA

WHEREAS, Mr. and Mrs. Rolland J. Colella have filed a preliminary subdivision plat with the Nelson County Planning Department to divide 6.36 acres located in Edgewood Park Subdivision, Lot 14, 215 Flying Eagle Court, Nellysford, Virginia, Tax Map #21-13-14, into two lots of 4.2 and 2.16 acres; and

WHEREAS, a notice of Public Hearing for the review of the preliminary plat by the Nelson County Planning Commission was published in the Nelson County Times on September 3 and 10, 2009; and

WHEREAS, on September 23, 2009, the Nelson County Planning Commission held the required public hearing on said preliminary plat; and

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Tapager
Motion Passed: 5-0 APPROVED: ___________________________ CHAIR
ATTEST: _______________________________
Planning Commission Secretary DATE: September 23, 2009

A RESOLUTION
RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT #2009-003
FOR OAM PROPERTIES, OWNER PAUL CANGIALOSI

WHEREAS, Mr. Paul Cangialosi of OAM Properties has filed a petition with the Nelson County Planning Department for a Conditional Use Permit pursuant to Section 4-1-11a of the Zoning Ordinance to operate a restaurant (carry-out pizzeria) at 917 Gladstone Road, Gladstone, Virginia, Tax Map #97B-1-A-5; and

WHEREAS, a notice of Public Hearing for the review of the CUP by the Nelson County Planning Commission was published in the Nelson County Times on September 3 and 10, 2009; and

WHEREAS, on September 23, 2009, the Nelson County Planning Commission held the required public hearing on said CUP; and

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Emily Hunt
Motion Passed: 5-0 APPROVED: ___________________________
CHAIR
ATTEST: _______________________________
Planning Commission Secretary DATE: September 23, 2009

RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO
NELSON COUNTY ZONING ORDINANCE, APPENDIX A
ARTICLE 4. AGRICULTURAL DISTRICT A-1,
SECTIONS 4-2-1b and 4-2-1c
AND ARTICLE 5. RESIDENTIAL DISTRICT, R-1,
SECTIONS 5-2-1b & 5-2-1c

WHEREAS, on June 25, 2009, the Board of Supervisors adopted a “A Resolution of Intent” (R2009-60) requesting the Planning Commission to review and prepare appropriate amendments to the Zoning Ordinance regarding lot sizes in A-1 and R-1 zoning districts with public water and/or sewer, to be submitted to the Board of Supervisors within 60 days after the first meeting of the Commission; and

WHEREAS, on August 6, 2009, the Planning Commission met in work session and developed a proposed amendment to Article 4, adding Sections 4-2-1b and to Article 5, adding Sections 5-2-1b and 5-2-1c; and

WHEREAS, on August 26, 2009, the Planning Commission authorized Staff to advertise for public hearing on said amendments; and

WHEREAS, on September 23, 2009 public hearing was held on the proposed amendments;

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 recommends to the Board of Supervisors approval of the following additions to the Zoning Ordinance:

Article 5. RESIDENTIAL DISTRICT, R-1

Section 5-2   Area Regulations
5-2-2 1b   For permitted uses single family dwelling units utilizing the Nelson County public sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft.
5-2-1c   For a One two-family detached dwelling unit per on a single lot utilizing the Nelson County public sewage disposal system, the required area for such use shall be with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system.

Motion made by Commissioner: Linda Russell   ______________________________
Chair
Motion seconded by Commissioner:   Michael
Harman                           Secretary                                           _________________________________
Motion passed: 5-0                   Date

fbogernelsoncountyorg — Fri, 22 Sep 2006 11:58:10 +0000

There are no requests coming before the Board of Zoning Appeals for the month of October; therefore, no meeting is scheduled.
The next meeting is scheduled for November 2, 2009.

Planning Commission 2009 Meeting Schedule:
January 28
February 25
March 25
April 22
May 27
June 24

July 22

August 26

September 23

October 28

November 18

December 16

Current Zoning Ordinance-Adopted May 21, 2007, effective June 1, 2007, amended September 8, 2009
Current Subdivision Ordinance – Adopted May 21, 2007, effective June 1, 2007, amended July 14, 2009
Zoning Ordinance and Subdivision Ordinance Interpretations
Small Wind Energy Ordinance
The UnJAM 2035 Rural Update provides a closer look at the transportation needs and opportunities for rural
areas in our region, including Nelson County. If this includes you, we need your help. Tell us how you would make transportation better.

Planning Commission Meeting Agenda

fbogernelsoncountyorg — Thu, 10 Aug 2006 10:00:40 +0000

NELSON COUNTY PLANNING COMMISSION

September 23, 2009
Board of Supervisors Meeting Room
County Courthouse, Lovingston, Virginia

AGENDA

7:30 P. M.   Meeting convenes
       Approval of minutes from August 26, 2009 regular meeting
       Approval of minutes from September 3, 2009 work session.

NON-PUBLIC HEARING

1. Special Use Permit #2009-003 ñ Jeremy Scott & Cynthia G. Kennedy (Deferred by PC on August 26, 2009)
Consideration of a SUP for Mr. and Mrs. Kennedy under Section 4-1-4b of the Zoning Ordinance to operate a public garage for automotive repair to be located on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635), Afton, Virginia, Tax Map #13-9-A5. Property is zoned A-1.

PUBLIC HEARING

2. Site Plan #2009-003 ñ Afton Family Practice in Association with Martha Jefferson Hospital (Board of Supervisor action not required.)
Consideration of a site plan for an approximate 10,750 sq. ft. one story with basement building and associated parking located at the intersection of Tanbark Drive and Rockfish Valley Highway, Afton, Virginia, Tax Map #6-A-34. Property is owned by Tommy and Diane Harvey and will be utilized by Martha Jefferson Hospital and other professional offices.

3. Preliminary Plat ñ Rolland J. & Mildred Colella (Board of Supervisor action not required.)
Consideration of a preliminary plat submitted by W. Morris Foster, Surveyor, to divide the Colellaís 6.36 acres into two lots of 4.2 and 2.16 acres. The property is located at 215 Flying Eagle Court, Nellysford, Virginia, Tax Map #21-13-14, in the Edgewood Park Subdivision.

4. Conditional Use Permit #2009-003 ñ Paul Cangialosi
Consideration of a Conditional Use Permit pursuant to Section 4-1-11a of the Zoning Ordinance for Mr. Cangialosi to operate a restaurant (carry-out pizzeria) at 917 Gladstone Road, Gladstone, Virginia, Tax Map #97B-1-A-5 (vacant former post office building). Property is zoned Agricultural, A-1.

5. Proposed Zoning Ordinance Amendments ñ Section 4-2-1b & 1c and Section 5-2-1b and 1c ñ Lot Sizes in A-1 and R-1 with Nelson County Sewage Disposal Systems
Consideration of proposed amendments to add or amend the Zoning Ordinance to address lot sizes in areas containing Nelson County sewage disposal systems, as follows:

Article 4. AGRICULTURAL DISTRICT, A-1

4-2-1b For single family dwelling units utilizing Nelson County public sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft.

4-2-1c One two-family detached dwelling unit per lot with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system.

Article 5. RESIDENTIAL DISTRICT, R-1

5-2-2 1b For permitted uses single family dwelling units utilizing Nelson County public sewage disposal systems, the required area for any such use shall be thirty-thousand (30,000) sq. ft.

5-2-1c One two-family detached dwelling unit per lot with minimum lot size of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage disposal system.

Other Business ñ
Discussion:
(1)   Proposed Amendment ñ Articles 12, 13, 16
(2)   Proposed Amendment – Section 12-12

Board of Supervisor liaison report ñ Tommy Bruguiere.

Adjournment

Next Meeting: October 28, 2009

Nelson County Planning Commission Meeting Agenda-July 26, 2006

fbogernelsoncountyorg — Wed, 19 Jul 2006 21:52:51 +0000

NELSON COUNTY PLANNING COMMISSION

July 26, 2006
Board of Supervisors Meeting Room
County Courthouse, Lovingston, Virginia

AGENDA

7:30 P. M. Meeting convenes
Approval of minutes from June 28, 2006 meeting

PUBLIC HEARING ITEMS

1. Site Plan #2006-005 ñ RoseWood Village at Wintergreen Consideration of the final development plan for the villa portion (Phase 1) of RoseWood Village at Wintergreen Development, pursuant to ξ 7-3-1 of the Zoning Ordinance ñ Residential Planned Community District RPC, Development, Final Plan. Phase 1 will consist of 25 patio homes. The property is located on Monocan Drive, Nellysford, adjacent to Tuckahoe School and is identified as Tax Map #22-A-9.

2. Final Subdivision ñ RoseWood Village
Consideration of a final subdivision plat submitted by Mr. Shareef Tahboub for 25 subdivision lots and 2 additional lots for future development,to be known as RoseWood Village. The property is located on Monocan Drive, Nellysford, adjacent to Tuckahoe School and is identified as Tax Map #22-A-9. The total area of the subdivision is 13.853 acres, consisting of 4.725 acres for lots, 1.717 acres for right-of-way, 0.188 acres for open space, 5.258 acres for Parcel 1 and 1.965 for Parcel 2.

3. Preliminary Subdivision ñ ìThe Villageî at Glen Mary
Consideration of a preliminary subdivision plat submitted by Mr. Morris Foster on behalf of Verd To Go, LLC for property located on Patrick Henry Highway and Beech Grove Road, Roseland. The 23.82 acre parcel will be divided into six (6) lots ranging in size from 2.00 to 5.60 acres. The property is further identified as Tax Map #31-A-48A.

Other Business:

Board of Supervisor liaison report ñ Thomas Bruguiere.

Adjournment

Next Meeting: August 23, 2006

Board of Zoning Appeals Meeting Agenda-July 3, 2006

fbogernelsoncountyorg — Mon, 26 Jun 2006 14:45:48 +0000

AGENDA
Board of Zoning Appeals
July 3, 2006
7:30 P. M.
Board of Supervisors Meeting Room
County Courthouse
84 Courthouse Square, Lovingston, Virginia

I.   Call to Order
II.   Approval of Minutes from June 5, 2006 meeting
III.   Variance #2006-003 ñ Regina L. Maloney
IV.   Variance #2005-010 ñ Elizabeth Mathias (Time extension)
V.   Variance #2005-004 ñ Lars and Anne Lerebourg (Time extension)
VI.   Other Business
VII.   Adjournment

Next Meeting: August 7, 2006