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

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:

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.

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:

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.

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:

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.

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 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.

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

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

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.

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

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

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

June 28, 2006
Board of Supervisors Meeting Room
County Courthouse, Lovingston, Virginia

AGENDA

7:30 P. M.    Meeting convenes
        Approval of minutes from May 24, 2006 meeting

PUBLIC HEARING ITEMS

1.    Site Plan #2006-003 ñ Stoney Creek Medical Practice.
Consideration
of a site plan submitted by BRW Architects on behalf of Stoney Creek
Medical Practice (UVa Health Services Foundation) for a 1,235 sq. ft.
addition to the existing building located on Rockfish Valley Highway
(Rt. 151), identified as Tax Map #22-A-9A.  

2.    Site Plan #2006-004 ñ The Seasons
Consideration
of a site plan submitted by Mr. Henry Smith, Walkland     Company, for
24 townhouses on Blue Ridge Drive and Wintergreen Drive,   
 Wintergreen, to be known as ìThe Seasons.î  The property is identified
as Tax Map #11E-F-1, 1A, and 1C.

3.    Preliminary Subdivision ñ Fernside
Consideration
of a preliminary subdivision plat submitted by Mr. Gillies P. Rodgers
for 35.86 acres to be divided into 8 lots ranging in size from 2.6
acres to 10.7 acres.  The property is located on James River Road (Rt.
56) and Deer Run Lane (Rt. 648) and is identified as Tax Map #69-3-3.

Non-Public Hearing Items

4.  
Amendment to Zoning Ordinance ñ Vegetative Rubbish Recycling   
 Facility.  Consideration of adopting a resolution recommending
approval of an amendment to the Nelson County Zoning Ordinance as
stated below:
    1.  That Article 4 of the Zoning Ordinance
entitled Agricultural District A-1, under Uses ñ Permitted by
Conditional Use Permit Only, should be amended by the addition of the
following subsection (4-1-    15b):  Vegetative Rubbish Recycling
Facility.
    2.  That Article 2 of the Zoning Ordinance entitled
Definitions should be amended by the addition of the following
subsection (2-91a): Vegetative Rubbish Recycling Facility:  A facility
in which vegetative rubbish, as defined in Section 10.1.T. of the Solid
Waste Ordinance, is received from off-site properties and temporarily
stored until converted on-site into     firewood, and into mulch and
compost, and where the resultant firewood, mulch, compost, soil, and
rocks are temporarily stored prior to their     removal.
        
5.  
 Amendment to Zoning Ordinance ñ Dwellings Permitted in B-1, Business
Zoning District.  Consideration of adopting a resolution recommending
approval of an amendment to the Nelson County Zoning Ordinance as
stated below:
    1.  That Article 8 of the Nelson County Zoning
Ordinance entitled     Business District B-1, under Uses ñ Permitted by
Conditional Use Permit     Only, should be amended by the addition of
the following subsection (8-1-5a):  Dwellings.

Other Business:

Board of Supervisor liaison report ñ Thomas Bruguiere.

Set date for joint meeting with Board of Supervisors

Adjournment:

Next Meeting:  July 26, 2006