Planning

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Present: Commissioners Linda Russell, Mike Tapager, Mike Harmon, Supervisor Connie Brennan

Absent:  Ms. Philippa Proulx and Ms. Emily Hunt

Staff Present:  Planning Director Fred Boger and Secretary Wanda Staton

The work session began at 7:00 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston.

Communication Tower Ordinance

Supervisor Brennan, referring to page 22 item #5(b) asked what the fee would be for a monopole that is less than 40’. Agreeing that clarification was needed, the Commissioners recommended that the entry read Monopole for broadband, fifty dollars ($50.00).

Commissioner Harmon stated that the section on pg. 23 on the exemptions needed clarification. After discussion the Commissioners decided not to make any changes.

Commissioner Tapager made a motion that The Nelson County Planning Commission advertise for Public Hearing the drafted ordinance Repeal and Reenactment of Appendix A, Article 20, Code of Nelson County, Virginia, 1989, relating generally to the communications tower, Article 20, Communication Tower Ordinance, the draft version of March 24, 2011 with Public Hearing to be held on April 27, 2011.

The second was provided by Commissioner Harmon and motion passed 3-0.

Mr. Boger stated that the Communication Tower Ordinance will not be advertised for a public hearing before the Board of Supervisors.

Proposed Zoning Amendments 4/1/2011

Commissioner Russell stated that in section 5-1-7 on page 1 under Public utilities:  once you cross out wooden poles the paragraph becomes confusing. In the existing ordinance  in section 3-1-9 it states: Public utilities generating, booster or relay stations, transformer substations, transmission lines with support structures, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, water and sewage installations, and water storage tanks.

Commissioner Russell stated that this description is used in a couple of districts and would like to see the same wording used in all of the districts.

Section 3-1-9  Should be used in the following sections as well: 5-1-7, 6-1-8, and 8-1-15.

Section 3-7 – Special Use Permit should have capital letters.

Section 3-1-1a Change the wording “additional” to Two or more and change in sections 4-1-1a, 9-1-11a and 18-3-8.

Section 5-6-3 Change antennae to antennas.

Sections 8B-2-1, 9-1-22, 18-1-4 – Add  /cables after similar lines in following:  and wooden poles for electric, telephone lines and similar lines

Commissioner Tapager made a motion for staff to make the changes listed and advertise for a public hearing for April 27, 2011.

Commissioner Harmon provide the second and motion passed 3-0.

Assessment of The Green Infrastructure

Commissioner Russell reported that a professor at the university along with her students, have taken on a project for the county called Assessment of The Green Infrastructure in the county. The students have made a presentation and now are on the second phase which is to create maps of the green infrastructure in the county can be used for planning purposes and protecting water quality and she would like to make a presentation to the Planning Commission. She would like 2.5 hours which would include an evaluation of 4 or 5 maps. The Commission agreed to a limited presentation of one hour on May 3 from 7:00-8:00 p.m. The Commissioners will continue work on the Transportation section of the Comp Plan during the second hour. Commissioner Harmon will let Secretary Wanda Staton know if he can attend so that a quorum will be present. Wanda will also check to make sure the Board room is available for May 3^rd.

Subdivision Ordinance

Commissioners reviewed the draft amendments dated December, 2010.

Page 7.

Performance Bond/Guarantee:  A bond, escrow, letter of credit, cash deposit, or other performance guarantee approved by the Governing Body agent or Planning Commission, in the amount equal to the full cost of improvements required by these regulations and providing for completion of said improvements within a definite period of time.

Page 10.

3-1 The Director of Planning and Zoning is hereby designated as the Agent of the Governing Body for the purposes of administering and enforcing this ordinance. The Agent shall have the following powers and duties.:

C. Capitalize Site Plan Review Committee and County.

F. Correct the spelling of the word injenction to injunction.

Page 24, Item G: Commissioners directed Mr. Boger to ask the County Attorney about spite strips for clarity on the definition.

Page 26. 5-1 Commissioner Russell asked if the 30 day time limit for submittal of preliminary plats to the Agent prior to a public hearing was sufficient.  Mr. Boger said yes.

Commissioner Russell asked if there was anything in the ordinance that requires the maintenance of fire ponds by the Home Owners Association. Mr. Boger stated that it should be part of the maintenance agreement with the roads. Commissioner Russell asked if the PC could require that

fire ponds be included in a maintenance agreement. Mr. Boger stated that we could not because the PC is not part of the maintenance agreement.  Commissioner Russell asked if the county could require the Home Owners Association to provide a copy of the regulations to see if the maintenance of the fire ponds is included. She also asked if the county could review the covenants of a subdivision to be sure that the residents of the subdivision are protected. This would not mean the county is going to enforce it.  Commissioner Tapager asked Mr. Boger whether the Planning Commission could require more restrictive covenants than proposed by the developer.

Commissioner Russell asked if the Planning Commission would support limiting the number of entrances from a subdivision onto a public highway. Commissioner Tapager asked if that is what the new VDOT standards are doing. Mr. Boger stated that that is some of what VDOT is trying to accomplish. Commissioners agreed that limiting the number of entrances merits further discussion.

Commissioner Russell discussed the definitions of a structure versus a building. She asked if the front yard setback includes the front porch. Mr. Boger stated if it is covered than it is included. She stated that a building does not specifically say that it excludes front porches. In the definitions of the Zoning Ordinance the building definition is as follows: Any structure used or intended for supporting or sheltering any use or occupancy. The definition for structure is: Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground. Fences are excluded from this definition. Mr. Boger stated that the definition for structures came from FEMA.  Commissioner Russell asked if the definitions of structure or building had been an issue in the county. Mr. Boger stated there had not been any issues.

Commissioner Russell asked if any more information had come in from the rezoning request around “Vito’s”. Mr. Boger stated that the vet’s office and the electric company had sent in their approval to rezone and there are still two more parcels that have not responded, although one of them expressed support at the time of Vito’s rezoning.

Adjournment

Commissioner Russell asked for a motion to adjourn. Supervisor Brennan provided the motion and Commissioner Tapager provided the second and meeting adjourned at 8:40 P. M.

Respectfully submitted,

Wanda L. Staton

Planning Secretary