Planning: November 30, 2005

November 30, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
November 30, 2005

Present: Mr. Michael Harman, Mrs. Emily Hunt, Mrs. Philippa Proulx – Chair, Ms. Linda Russell, Mr. Thomas Bruguiere

Staff Present: Mr. Fred Boger and Mrs. Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse. Mrs. Proulx gave a brief overview of the night’s agenda.

Approval of Minutes:
Minutes from October 26, 2005 were reviewed with no changes made. Mr. Bruguiere made a motion to approve the minutes, Ms. Hunt provided the second, and motion passed 5-0.

1. Class III Communications Tower - nTelos

Mr. Boger reported that Ms. Debbie Balser, Site Acquisition Manager for nTelos, submitted an application to erect a 107 foot wooden communications tower on a site located east of Thomas Nelson Highway about one quarter of a mile north of Aistrop Lane, Tax Map #35-A, Parcel 78. Property owner is Barbara Turner Lowery. The subject property is zoned A-1. This section of Thomas Nelson Highway is a Scenic By-Way. Section 20-8-2 of the Zoning Ordinance does not permit a Class III communications tower within one air mile from the right-of-way of a scenic highway (see Section 20-4-22). Cellular communications systems require line of sight from the antenna to the receiving cell phone. nTelos customers currently experience a “dead zone” in this area of Rt. 29. The tower site is located on a small hill, but the north lane of Thomas Nelson Highway is located below the line of sight for the tower. Consequently, the signal does not reach the receiving cell phone.

Mr. Boger added that nTelos explored several alternatives: (1) Constructing a 130 lattice tower, (which the County does not encourage); (2) Increasing the height of the wooden pole at the current site, given the limitations of using a wooden pole with extreme height; and (3) Relocating the tower site to a better location, which is the purpose of this application.

Mr. Boger also stated that nTelos was the first cellular communications company to provide service on the Rt. 29 corridor and they have attempted to preserve the rural character of the area. Most of Nelson County has wooden poles set in tree lines. There will be a hardship if adequate communications capability is not provided. Commuters and travelers rely on being able to use cellular service along this much-traveled Rt. 29 corridor. The cell site will consist of a 107 foot communications tower, a meter board, two power cabinets, and two RF cabinets enclosed in a chain-link fence. There is battery back-up; no generators will be used unless there is a long-term electrical and battery outage. The proposed location is 141’ from the adjoining property owner. nTelos conducted two balloon tests (see file for pictures) and provided photo simulations of what the tower would look like when placed on location. An environmental assessment has been done, and there were no problems with the site. nTelos presented to the Planning Department a detailed application and has made every effort to satisfy concerns of the County and property owners.

Staff is recommending the approval of the special exception and the tower application with the following conditions: (1) The pole, antennas, and cabinets be painted brown to blend in with the existing surroundings; and (2) Instead of a chain-link fence and gates, a treated wood fence be used unless the adjoining property owner would prefer chain-link.

Mr. Harman asked if support wires would be used and nTelos responded that they would not be. If the trees become taller than the tower, the trees may need to be trimmed or the pole extended. The old tower located on Parcel 75A will be taken down.

Ms. Valerie Long, Attorney at Law representing nTelos, thanked Mr. Boger and Mrs. Fortune for their assistance in getting this application processed. nTelos has worked carefully to find a good location after determining that the present location was not effective. Mrs. Lowery’s property was the best location they found. The adjoining neighbor has been accommodating and willing to work with nTelos. The wooded area, fence and cabinets will reduce visibility. The noise concern has been addressed by reporting that no generator will be on site unless there is an outage of electricity and battery longer than 8 hours. Ms. Long addressed the special exception request, saying that nTelos already has an established network in the area. The existing tower, and the proposed tower, are located within one mile of the Rt. 29 Scenic By-Way. A hardship would be experienced by nTelos and cellular users if they are not able to expand the coverage area.

Ms. Russell asked about the antenna and Ms. Long replied that the three antennas would be flush-mounted to the pole and be several feet long. Further, this tower will not be used for co-location by other cellular providers because of the height of the antennas. Ms. Debbie Balser, Site Acquisition Manager, said the AC power would come from underground or overhead service which the power company will determine once construction starts.

The public hearing was opened.

Paul Mierzejewski – neighbor to proposed tower site. Pointed out that the newspaper ad stated “replacement of existing tower” when this is actually a new location. The tower is too close to the road and is an eyesore. It’s also close to his property line which will decrease property value. The height of the tower is excessive, and in this beautiful wooded area, this is a scar on the community while it only accommodates commuters on Rt. 29.

Olive Mierzejewski – adjoining property owner. Mrs. Mierzejewski has worked with Ms. Balser and Ms. Long. She feels the tower makes the road more dangerous because of people using cellular phones while driving. Also, the electricity dead-ends in the middle of her property, and there is no known electricity on the property proposed for the tower. Coming up from Rt. 29, the proposed road will be visible. She asked that nTelos look further for a better site.

The public hearing was closed.

Mr. Bruguiere stated that everyone benefits from good cellular service on Rt. 29. Emergency vehicles sometimes have difficulty communicating with hospitals because of lack of service. He feels the wooden poles are very unobtrusive and that people rarely pay attention to them.

Ms. Russell called to the attention of the Committee that the ordinance states that the height includes antennas and lightning rods, which will add two (2) additional feet to the tower.

Mr. Bruguiere made a motion to recommend approval of this application, as stated in the following resolution[1] from the Planning Commission:

1.      That the Nelson County Planning Commission recommends to the Nelson County Board of Supervisors that a Class III Communications Tower Permit be approved to allow nTelos to erect a 109 foot wooden communications tower on the property of Ms. Barbara Turner Lowery, identified as Tax Map #35-A, Parcel 78 and as shown of the site plan dated August 11, 2005, with the following conditions:

a.      The pole, antennas, and cabinets are painted brown to blend in with the existing surroundings.

b.      A treated wood fence is constructed around the exterior of the site to screen the equipment from view.

Mrs. Hunt provided a second to the motion. Mr. Harman stated that his wife has interest in property adjoining the tower site, so he would abstain from the voting. Motion passed 4-0.

Mr. Bruguiere also made a motion to recommend approval of the special exception, as stated in the following resolution[2] from the Planning Commission:

1.      The strict application of this ordinance would produce an undue hardship on the applicant and its customers by denying them reasonable cellular communications service in this area of the County;

2.      The hardship in this case is not generally shared by other wireless communications providers in the County and in the same vicinity;

3.      The granting of this Special Exception will not be of substantial detriment to adjacent property owners and the character of the district will not be changed;

4.      It is the recommendation of the Planning Commission that the Special Exception be granted as requested by the applicant.

Ms. Hunt provided the second, Mr. Harman abstained, and motion passed 4-0.

2. Final Subdivision – Joseph M. Serkes

Mr. Boger reported that Mr. Serkes submitted a final subdivision plat to re-divide lot 100 located in Deer Springs Section, Mountain Subdivision 13-A, Wintergreen, into two parcels. The lot was originally two parcels which Mr. Serkes combined into one. He wishes to return to the original division. Staff has reviewed the plat and found there are sufficient development rights available. One of the rights has been assigned by HCA for the proposed new lot. The final plat complies with requirements and therefore, Staff recommends its approval. Mr. Serkes was present to answer questions.

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

Ms. Russell also made a motion to recommend approval of the final subdivision plat, as stated in the following resolution[3] from the Planning Commission:

1.      Recommends to the Nelson County Board of Supervisors approval of the final subdivision plat, dated October 2, 2005, entitled “Plat Showing a Redivision of Lots 100 & 101, Deer Springs Section, Mountain Subdivision 13-A, Wintergreen, Nelson County, Virginia,” and that the Planning Director is authorized to approve the final plat once Board of Supervisor approval is received.

Mr. Harman provided the second and motion passed 5-0.

3. Conditional Use Permit #2005-004 – Susan & Ray Fitzgerald

Mr. Boger reported that Mr. and Mrs. Fitzgerald have submitted an application for a Conditional Use Permit to establish a waste wood management operation at the rear of their property located at 175 Rhue Hollow Road, pursuant to Section 12-5, “Uses not provided for.” This operation will consist of using 20,000 sq. ft. for stockpiling and grinding stumps and a 3,000 sq. ft. area for stockpiling logs and firewood cutting. The applicants have stated that this operation will be used only by them and will not be open to other haulers. It is difficult to dispose of construction site debris (trees, stumps, logs) since regulations have changed at the State and local level. The result is that there is no legal area in the County to dispose of waste wood debris. Mr. and Mrs. Fitzgerald are in the excavating and hauling business and need a place to dispose of waste wood debris.

Mr. Boger showed pictures of a tub grinder proposed for use by the Fitzgeralds. It would be in use several times a year. The tub grinder is portable, but the noise level is 80 decibels. There are concerns about this level, given the current noise ordinance restrictions. Builders could ask for an exemption for waste wood disposal on a construction site, but when the operation is on other property, there would be no exemption.

The Fitzgeralds’ operation is 50’ from the nearest property owner. A safety zone of 100-200’ is recommended, and a 400’ buffer zone from adjoining properties. An alternate location would be a better choice. Staff recommends deferment of a decision in order to consider another location and for the PC to have an opportunity to view and listen to the equipment in operation.

Ms. Hunt asked about other environmental issues such as dust, fuel, etc. Mr. Boger said the operation is subject to rules of Department of Environmental Quality (DEQ) of Virginia and that application must be filed with them after approval from the County. One requirement will be that 75% of the mulch must leave the site every year. The site for the tub grinder must be determined before the safety zone can be established.

It was noted by Mrs. Proulx and Ms. Russell that the site plan does not show the location of dwellings of adjoining property owners. This is necessary in order to determine distances from the proposed operation. The applicant should consider an alternate site and have the site plan redrawn.

Applicants Susan and Ray Fitzgerald said they have been in this business since 1989 and were not aware of violations. They are agreeable to finding an alternate location on their property, planting trees to screen from neighbors’ view, etc. The tub grinder has been discussed with Mr. Simmons with DEQ who feels the decibel level set by Nelson County is too low. The acceptable level in the City of Waynesboro, for example, is 85 decibels. On the plan discussed with Mr. Boger, they would be 564’ from Rhue Hollow Road, 767’ from the nearest neighbor, 460’ from Rt. 151. They are trying to find the best location. Ms. Proulx asked about access for getting the equipment on site. The tub grinder would be used once a year for approximately two days at a time. It’s usually run during a rainy time which reduces dust. Ms. Russell asked what use would be made of the mulch. Mrs. Fitzgerald said it would be sold immediately. They have orders waiting now. The tub grinder will be brought in on a trailer.

Mrs. Fitzgerald said the driveway entrance is a farm road. There would be no public entrance since this is not a commercial driveway. VDOT may require a different entrance, however. Ms. Russell is concerned about Rhue Hollow Road. If this CUP is approved, this would be one of a few legal sites. Business will improve, which will result in more traffic. Mr. Fitzgerald said again that this is a private operation using one truck. They are not looking to expand. Mr. Harman asked if the operation would comply with the noise standards if a different location is found. Mr. Fitzgerald said Mr. Foster (surveyor) said the operation can be moved back on the property where there are no houses close by. They clear 8-10 lots a year.

The public hearing was opened.

Jack Buni wanted to make it clear that this was not a personal issue. He has owned the adjoining property for 3 ½ years and made the following points: (l) He is building a new home 600’ from the proposed site. Other dump trucks use the entrance Mr. Fitzgerald uses. The site exceeds 23,000 sq. ft. (2) He questions the statement that the site is not used for storage. It looks and smells like a dump when spontaneous combustion occurs. (3) He has photos showing that water runoff is within 50’ of an open stream, and no provisions have been made for run-off. (4) One truck taking stumps into the site belongs to Jason Harvey. (5) DEQ has requirements that must be met. (6) This operation is more than a stump grinder; it’s a backhoe and other equipment. When the equipment goes into reverse gear, the sound is very loud. (7) On the days of operation it would be very noisy. The hours and days of operation must be specified. (The equipment ran on Thanksgiving Day.) (8) An industrial operation is not exempt from the noise ordinance. (9) Stump grinders have the capability of operating 24 hours a day. He questions whether there will really be the limited use mentioned earlier.

Bob Greer is a neighbor of the Fitzgeralds on the opposite side of Rt. 151. He has never been offended by Fitzgerald’s operation – there has been no pollution, no noise, etc. However, relocation makes sense and it should be kept away from the stream. He spoke in favor of the request. He’s never heard a stump grinder, but his own tractor is plenty noisy and the Fitzgeralds have never complained.

Dave Thomas lives in a subdivision with 14 acres on Horseshow Mountain Road. He said he was confused about the issues – where the entrance will be, where the work will come from, how noisy it will be, will there be dust and odor. He’s not sure Rhue Hollow Rd. is the place for a stump grinder.

Dudley Campbell owns three parcels on Rt. 151. He hasn’t heard any noise problems thus far, but on Thanksgiving Day he heard the back-up noise. He knows there must be requirements on the environmental side.

George Hartmann lives 300 feet from the Fitzgerald property. He has no problem with the present operation; however, stump grinder noise will be a concern.

The public hearing was closed.

Mr. Bruguiere said he felt an appropriate site plan with setbacks was missing. The State and County have created the problem with disposal of wood materials. He doesn’t think two days a year would be intrusive. Mrs. Proulx agreed and said the access and VDOT requirements must also be met, along with specifications on equipment being used, i.e. stump grinder and chipper. She would like to hear the equipment operate on-site. Mr. Harman also feels the times of operation should be specified. Stormwater control may be needed, depending on the site. DEQ can act after the County approves the permit.

Mr. Boger said the question should be how to deal with wood waste. The Planning Commission is establishing criteria for this process. Mrs. Proulx asked if the Fitzgeralds had enough debris available to operate the equipment. Mr. Fitzgerald said he would find enough.

Ms. Russell made a motion to defer a decision on the CUP, as stated in the following resolution[4] from the Planning Commission:

1.      Recommends deferral to December 28, 2005 of the decision on the application, pending additional information on items discussed during the November 30, 2005 meeting.

Mr. Harman provided the second and motion passed 5-0.

5.      Conditional Use Permit #2005-002 – A. G. Small and Jason Harvey

Mr. Boger reported that pursuant to Section 12-5 of the zoning ordinance, “Uses not provided for,” Mr. A. G. Small and Mr. Jason Harvey have submitted an application for a Conditional Use Permit to establish a waste wood management operation on the rear portion of property located at 2641 Rockfish Valley Highway, Tax Map #21-11, Parcel F. Section 12-3-6 of the zoning ordinance gives the guidelines and standards the County must use in considering a Special Use or Conditional Use Permit. They are:

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; and

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.

The property being proposed for this use is zoned A-1. Very close by is R-1 and B-1 zoned property, a shopping center, a restaurant, an auto service center, a storage facility that is in violation of the zoning ordinance, Montague Miller Real Estate, etc. On Mr. Small’s property there are existing violations – junk cars, etc. The proposed operation would occur a maximum of 3 days per month, Monday thru Saturday, no Sundays or holidays, and from 7 A. M. to 5 P. M. At this point the decibel level of the equipment is unknown, but there needs to be a quiet zone and a buffer area around the site. The primary question is whether this operation is appropriate for the Nellysford area.

Mr. Boger explained that Nellysford is identified in the Comprehensive Plan as a major growth area in the County. The goal is to encourage the development of this area into an attractive village with a mixture of residential and commercial uses. The proposed waste wood management facility is a very intense, dusty, and noisy operation and would not be compatible with the goals of the Comprehensive Plan. Instead of encouraging compatible and attractive land uses in this area it would most likely discourage new growth in the immediate area. Nellysford is a very important and unique area of the County and only those types of land uses that will compliment the area should be permitted. Permitting this use will begin changing the general character of the development pattern from relatively quiet residential, office, retail and light commercial development to the more nuisance type heavy commercial and industrial type uses. With the majority of land in Nelson County being agricultural or forested, another site could be found away from a populated area like Nellysford where there would be far less impact on the adjoining properties and the area as a whole.

At this point, only one person has complained about the noise. Staff has been unable to obtain first-hand knowledge of the noise impact because the owners would not allow access to the property. The recommendation at this time is to deny the application because of the impact it would have on this high-density area.

Massie Saunders, Surveyor, represented the applicant. He had prepared an in-depth site plan of the project and stated the business has operated for 10+ years without being considered illegal. State requirements do not permit burning of debris off site; therefore, there is no legal way to dispose of this product. There is a difference in the concept of a dumping site as opposed to a recycling site. Mr. Saunders believes this operation is grandfathered and the applicants are trying to bring it into compliance. Mr. Saunders stated that a majority of the adjoining property owners were contacted and he presented a list of those who have reviewed the application and have no problem with the operation. Only one resident objected who is a renter, not a property owner.

Mr. Saunders stated that the decibel level exemption (Item 20 of the noise ordinance) applies to the applicants’ operation level. He handed out descriptions of various machines that would/could be used and explained the decibel levels of each. There is a market for the by-product of this debris disposal. In fact, Saunders Brothers has committed to using all that can be produced. It will be moved by them via tractor trailer at least twice a year. He also noted that on the site plan there is adequate space for a clear zone from all sides. It would be unusual for flying objects to propel further than 25’, so a buffer probably is not needed.

Mr. Saunders continued by saying that E & S control has been considered. The soil drains well and perks quickly (soil group B). If necessary, a diversion ditch can be constructed, but there is no runoff at this time. All of the site drains to the back of the shed. There is no land disturbance.

Mr. Saunders said that the days of operation would be 15 days a year, Monday – Saturday, no Sundays or holidays, 7:00 A. M. – 7:00 P. M. The entrance would be a commercial one set up by VDOT. Carlton Long of VDOT has stated that the sight distance is acceptable. There will be 25’ fill curbs and 48’ tapers. Regarding Section 12-3-6 of the zoning ordinance as it applies to “changing the character of the area,” this site was in operation before development in Wintergreen. Development has happened around it. There will not be constant noise. Without disposal of this type of debris, development in the County will stop.

Mr. Bruguiere referred to changes in State regulations which have made it difficult to dispose of wood products. Mrs. Proulx referred to the Nellysford growth area which supports the Comprehensive Plan. She feels the existing zoning takes precedence. Mr. Saunders said this property is in the Agricultural zone and has been there for 10-15 years. Mr. Boger stated that tub grinding operation is not allowable in A-1 since this does not qualify as a sawmill. He stated that at this site there is access to water which controls dust.

The public hearing was opened.

Mary Gorka. Presented a statement and document on health issues surrounding this operation. She stated that other property owners are also opposed to the operation. While the tub grinder was in operation recently, she couldn’t hear her radio from inside the house. Her reasons for opposing the operation involve: Civil rights (noise, dirt, smells), business development (noise, dirt, smells, decline in house sales and development, zoning, health risks [sustained noise causes high blood pressure, heart rate, etc. in animals as well as people], and truck traffic (dirt, noise). The applicant needs a more isolated spot for this operation.

Bill Howard. Stated that he does not want to live in an industrial neighborhood. The grinder was very loud when it was in operation on Thanksgiving Day. This should not be allowed in the agricultural zoned area.

(Jason Harvey, applicant, stated that the motor at full blast is 84 decibels, within 3 decibels of a dump truck noise. It cannot be heard from Stoney Creek.)

Lois Bennett. Wanted to know the difference in decibels when the equipment is in operation and whether the operation has to be on Saturday.

Denise Harvey. Her husband Jason’s business is vital to the community, his family, and families of those employed.

Massie Saunders then stated that Jason Harvey said Monday-Friday operation will work also.

The public hearing was closed.

Mrs. Proulx asked whether there could be a review period for the CUP. Mr. Boger said that conditions can be placed on the CUP and that at the advice of the County Attorney, the County should reserve the right to rescind any permit.

Mr. Saunders said that the area is well-defined. The applicants cannot operate outside this area. If the operation should cease for a period of two years, the CUP will be void. Mrs. Proulx said that the Fitzgeralds have been asked to demonstrate the equipment; the same should apply to Mr. Small and Mr. Harvey. Ms. Russell said that equipment should be heard from both sites because the lay of the land is different. The sheriff or a deputy should attend the demonstration and operate a sound meter.

Mr. Bruguiere stated that all leg work has been done by the applicant, and he feels exemption #20 of the noise ordinance covers this, as it does sawmills and wood yards.

Mrs. Proulx recommended deferring this to December. A demonstration of a tub grinder in operation will take place on December 7 beginning at 9:00 A. M.

Ms. Russell made a motion to defer a decision on the CUP, as stated in the following resolution[5] from the Planning Commission:

1.      Recommends deferral to December 28, 2005 of the decision on the application, pending additional information on items discussed during the November 30, 2005 meeting.

Mr. Harman provided the second and motion passed 4-0, with Mr. Bruguiere voting no.

5. Site Plan Amendment #2005-004 - Afton Service Center

Mr. Boger reported that Mr. Tommy Harvey is requesting an amendment to the June 22, 2005 site plan for the Afton Service Center to add a new pump island in front of the existing building and to add approximately fourteen (14) feet on the south side of the existing canopy so that the new pump island will be underneath a canopy also.

Mr. Harvey stated that the initial site plan should have shown four pumps rather than two. A canopy needs to be placed over all pumps.

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

Ms. Hunt made a motion to approve the site plan amendment, as stated in the following resolution[6] from the Planning Commission:

1.      Approves an amendment to Site Plan #2005-004, entitled “Improvements to Afton Service Center”, dated June 22, 2005, and that Planning Director has authorization to sign the amended site plan.

Mr. Harman provided the second and motion passed 5-0.

Other Business – Amended Resolution for Royal Oaks

Mr. Harman made a motion to amend the October 26, 2005 resolution[7] as follows:

1.      Approves Site Plan #2005-006, entitled “Final Site Plan (Phase 2)”, dated October 30, 1996, revised August 15, August 29 and August 31, 2005 contingent upon final approval of the E & S Plan and Health Department approval. The Planning Director is authorized to sign the Site Plan as submitted.

Ms. Russell provided the second and motion passed 5-0.

Adjournment:

At 10:55 P. M., Ms. Russell made a motion to adjourn, Ms. Hunt provided the second, and motion passed 5-0.

Next Meeting: December 28, 2005

Respectfully submitted,

Betty Fortune

Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF A CLASS III
COMMUNICATIONS TOWER PERMIT FOR nTelos
TO ERECT A 109 FOOT WOOD POLE COMMUNICATIONS TOWER

WHEREAS, nTelos, represented by Ms. Debbie Balser, Site Acquisition Manager, and Ms. Valerie W. Long, Attorney, has filed a request with the Nelson County Planning Department for a Class III Communications Tower Permit pursuant to Article 20, Communication Tower Ordinance of the Nelson County Zoning Ordinance to erect a 109 foot wooden pole; and

WHEREAS, the proposed communications tower site is located east of the north lane of Thomas Nelson Highway, approximately one quarter mile north of Aistrop Lane;

WHEREAS, the property is further identified as Tax Map #35-A, Parcel 78; and

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on November10, November 17 and November 24, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on November 22, 2005; and

WHEREAS, on November 30, 2005, the Nelson County Planning Commission held the required public hearing on said final plan; and

WHEREAS, on November 30, 2005, the Nelson County Planning Commission adopted a Resolution recommending to the Nelson County Board of Supervisors the granting of a Special Exception for nTelos to erect a 109 foot wooden pole within 1 air mile of the Scenic By-Way located on Thomas Nelson Highway between Woods Mill and Route 6 East; and

WHEREAS, the Director of Planning presented to the Commission the staff report on the Special Exception Request stating that nTelos has presented adequate justification pursuant to Section 20-13-1 of the Zoning Ordinance Final Plan for granting the Special Exception and recommending approval of the Class III Communications Tower Permit; 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:

2.      That the Nelson County Planning Commission recommends to the Nelson County Board of Supervisors that a Class III Communications Tower Permit be approved to allow nTelos to erect a 109 foot wooden communications tower on the property of Ms. Barbara Turner Lowery, identified as Tax Map #35-A, Parcel 78 and as shown of the site plan dated August 11, 2005, with the following conditions:

a.      The pole, antennas, and cabinets are painted brown to blend in with the existing surroundings.

b.      A treated wood fence is constructed around the exterior of the site to screen the equipment from view.

Motion made by Commissioner: Thomas Bruguiere
Motion seconded by Commissioner: Emily Hunt
Motion Passed: 4-0 – Michael Harman abstaining

                                                            APPROVED: __________________________

                                                                                                CHAIR

                                                            ATTEST: _____________________________

                                                                                    Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF A SPECIAL EXCEPTION TO PERMIT
nTelos TO ERECT A 109 FOOT COMMUNICATIONS TOWER

WHEREAS, nTelos, represented by Ms. Debbie Balser, Site Acquisition Manager, and Ms. Valerie W. Long, Attorney, has filed a request with the Nelson County Planning Department for a Special Exception pursuant to Section 20-13 of the Nelson County Zoning Ordinance to erect a 109 foot wooden communications tower within one (1) air mile of the Scenic By-Way on Thomas Nelson Highway between Woods Mill and Route 6 East; and

WHEREAS, the proposed communications tower site is located east of the north lane of Thomas Nelson Highway, approximately one quarter mile north of Aistrop Lane;

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on November10, November 17 and November 24, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on November 22, 2005; and

WHEREAS, on November 30, 2005, the Nelson County Planning Commission held the required public hearing on said final plan; and

WHEREAS, the Director of Planning presented to the Commission the staff report on the Special Exception Request stating that nTelos has presented adequate justification pursuant to Section 20-13-1 of the Zoning Ordinance Final Plan for granting the Special Exception; and

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

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

3.      The strict application of this ordinance would produce an undue hardship on the applicant and its customers by denying them reasonable cellular communications service in this area of the County;

4.      The hardship in this case is not generally shared by other wireless communications providers in the County and in the same vicinity;

5.      The granting of this Special Exception will not be of substantial detriment to adjacent property owners and the character of the district will not be changed;

6.      It is the recommendation of the Planning Commission that the Special Exception be granted as requested by the applicant.

Motion made by Commissioner: Thomas Bruguiere
Motion seconded by Commissioner: Emily Hunt
Motion Passed: 4-0 – Michael Harman abstaining

                                                            APPROVED: __________________________

                                                                                                CHAIR

                                                            ATTEST: _____________________________

                                                                                    Planning Commission Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR LOT #100 and #101
MOUNTAIN SUBDIVISION 13-A

WHEREAS, Mr. Joseph M. Serkes has filed a final subdivision plat with the Nelson County Planning Department to divide Lot #100 and #101, Mountain Subdivision 13-A, said plat being dated October 3, 2005; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on November 10 and November 17, 2005; and

WHEREAS, on November 30, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, on October 19, 2005, Stuart R. Sadler, Attorney at Law, submitted a letter to the Planning Director stating that there are sufficient development units available under Wintergreen’s zoning to accommodate this additional unit; and

WHEREAS, on November 21, 2005, adjoining property owners were notified of this proposed subdivision, and no adverse comments were received as of November 28, 2005;

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

2.      Recommends to the Nelson County Board of Supervisors approval of the final subdivision plat, dated October 2, 2005, entitled “Plat Showing a Redivision of Lots 100 & 101, Deer Springs Section, Mountain Subdivision 13-A, Wintergreen, Nelson County, Virginia,” and that the Planning Director is authorized to approve the final plat once Board of Supervisor approval is received.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman
Motion Passed: 5-0

APPROVED: __________________________

CHAIR: --------------------------------------------------

ATTEST:
Planning Commission Secretary

A RESOLUTION
TO DEFER CONDITIONAL USE PERMIT #2005-004
FOR SUSAN F. AND RAYMOND R. ______________________________

WHEREAS, Mr. and Mrs. Fitzgerald have requested a Conditional Use Permit pursuant to Section 12-5 of the Zoning Ordinance, Uses Not Provided For, to allow use of 23,000 s.f. of an existing lot for stockpiling and grinding of stumps and for stockpiling logs and grinding of stumps on property located on Rockfish Valley Highway, Tax Map #31-A, Parcels 46 and 47; and

WHEREAS, notice of public hearing was published in the Nelson County Times on November 10 and November 17, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on November 21, 2005; and

WHEREAS, the Commission has considered the Planning Director’s report stating concerns with compliance to the County’s Noise Ordinance, and comments from the public,

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

2.      Recommends deferral to December 28, 2005 of the decision on the application, pending additional information on items discussed during the November 30, 2005 meeting.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman
Motion Passed: 5-0

APPROVED: __________________________

CHAIR: _____________________________

ATTEST: _____________________________

Planning Commission Secretary

A RESOLUTION
TO DEFER CONDITIONAL USE PERMIT #2005-002
FOR A. G. SMALL AND JASON HARVEY

WHEREAS, Mr. Small and Mr. Harvey have requested a Conditional Use Permit pursuant to Section 12-5 of the Zoning Ordinance, Uses Not Provided For, to operate waste wood management, converting green waste into compost or mulch on property located on Rockfish Valley Highway, Tax Map #21-11, Parcel F; and

WHEREAS, notice of public hearing was published in the Nelson County Times on November 10 and November 17, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on November 22, 2005; and

WHEREAS, the Commission has considered the Planning Director’s report stating concerns about this type of operation being permitted in the Nellysford growth area due to the possibility of changing the character of the area and adversely affecting the use of the neighboring property, and considering residents’ comments;

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

1. Recommends deferral to December 28, 2005 of the decision on                            the application, pending additional information on items                                   discussed during the November 30, 2005 meeting.

Motion made by Commissioner: Linda Russell
Motion seconded by Commissioner: Michael Harman
Motion Passed: 4-0 (Bruguiere voting no)

APPROVED: __________________________

CHAIR: ______________________________

ATTEST: _____________________________
Planning Commission Secretary

A RESOLUTION
AMENDING THE SITE PLAN FOR
AFTON SERVICE CENTER

WHEREAS, Mr. Tommy Harvey has requested an amendment to Site Plan #2005-004 for Afton Service Center, Tax Map #6-A, Parcels 21 & 28, to add a new pump island in front of the existing building and adding approximately fourteen (14) feet on the south side of the existing canopy so that the new pump island will also be underneath a canopy; and

WHEREAS, notice of public hearing was published in the Nelson County Times on November 10 and November 17, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on November 21, 2005; 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:

3.      Approves an amendment to Site Plan #2005-004, entitled “Improvements to Afton Service Center”, dated June 22, 2005, and that Planning Director has authorization to sign the amended site plan.

Motion made by Commissioner: Emily Hunt
Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0

APPROVED: __________________________

CHAIR: ______________________________

ATTEST: _____________________________
Planning Commission Secretary

A RESOLUTION TO AMEND THE RESOLUTION OF OCTOBER 26, 2005
APPROVING THE SITE PLAN
FOR AMENDING PHASE 1 AND BEGINNING PHASE 2
OF “ROYAL OAKS”

WHEREAS, Mr. Keith Smith, owner, has filed the Site Plan for “Royal Oaks” to add a social hall/assembly area to the present Phase 1 area and construct five 1-bedroom cabins, eight 3-bedroom chalets in Phase 2, said plan being dated October 30, 1996, revised August 15, August 29 and August 31, 2005; and

WHEREAS, the E & S Plan for Phase 2 dated October 6, 2005 has been submitted to the Thomas Jefferson Soil and Water Conservation District Office in Charlottesville, Virginia; and

WHEREAS, notice of public hearing was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on October 17, 2005; and

WHEREAS, on October 26, 2005, the Nelson County Planning Commission reviewed the application; and

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

WHEREAS, on November 30, 2005, the Nelson County Planning Commission amended the October 26, 2005 Resolution to add approval authorization;

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

4.      Approves Site Plan #2005-006, entitled “Final Site Plan (Phase 2)”, dated October 30, 1996, revised August 15, August 29 and August 31, 2005 contingent upon final approval of the E & S Plan and Health Department approval. The Planning Director is authorized to sign the Site Plan as submitted.

Motion made by Commissioner: Michael Harman
Motion seconded by Commissioner: Linda Russell
Motion Passed: 5-0

APPROVED: __________________________

CHAIR: _____________________________________________

ATTEST: _____________________________

Planning Commission Secretary

[1] Resolution – Class III Communications Tower Permit

[2] Resolution – Class III Communications Special Exception

[3] Resolution – Final Subdivision Plat - Serkes

[4] Resolution – CUP - Fitzgerald

[5] Resolution – CUP – Small/Harvey

[6] Resolution – Amendment to Site Plan – Afton Service Center

[7] Resolution – Amendment to Resolution – Royal Oaks