Planning: December 28, 2005

December 28, 2005

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
December 28, 2005

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

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. Dolores Truesdale was welcomed to the Planning Commission. She represents the South District, replacing Dr. Valdrie Walker, for the unexpired term ending June 30, 2008.

Approval of Minutes:
Minutes from November 30, 2005 are in the editing stage. They will be submitted for approval at the January 25, 2006 meeting.

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

Mrs. Proulx explained that consideration of this application was postponed from the November 30 meeting to allow the Commission to hear a demonstration of the tub grinding equipment in use on site and to receive a revised site plan based on the Fitzgerald’s statement that they could move the operation to a different place on their property. Public comment was received at the the previous hearing; therefore, there was no further public input opportunity this evening. Mrs. Proulx stated that the BOS will hear this application on January 10, 2006, at which time citizens may offer comment. Mr. Boger stated that he has confirmed with the County Attorney that the Planning Commission needs to make a decision of approval or denial tonight. The applicant has the option of requesting postponement or withdrawal of the application.

He went on to say that Mr. and Mrs. Fitzgerald attempted to schedule a demonstration of the tub grinder; however, ice and snow covered the ground and they were not able to get to the site. They have received a letter from DEQ that the proposed grinder use of only a few days per year appears to meet DEQ requirements. The Fitzgeralds have arranged for Earthworks to grind the stumps on their property; however, the company has not received the required permit from DEQ. At this time, a new site plan has not been received. Since the last meeting there has been no correspondence received by his office from adjoining property owners commenting on the operation.

Ms. Russell asked what type of licensing would be needed and Mr. Boger stated it was an air quality permit for operation of the diesel engines. Depending on the amount of grinding to be done, a site license may also be needed.

Mr. Boger said that he received information after 5:00 P. M. today that a new site plan has been prepared.

Mrs. Proulx asked if the license must be received before the CUP could be approved and Mr. Boger said that would not be necessary because the operation must comply with Federal, State and Local regulations before it can begin. He also said that a review period can be recommended by the Commission. Mrs. Proulx noted there was a lack of a new site plan and an absence of pertinent information requested at the November 30 meeting, and felt the requirements had not been met. Mrs. Russell asked if the Fitzgeralds received the same letter that was sent to Mr. Small and Mr. Harvey and Mr. Thomas in April of 2005 requesting information regarding size of operation, site management of materials, equipment on site, etc.. Mr. Boger said he couldn’t recall whether it was or not. The Fitzgeralds have submitted the paperwork for an air control permit from DEQ for the chipper. They are trying to do everything correctly in order to meet the regulations set by the County, Federal and State authorities.

Mr. Boger is still concerned about the impact of the chipper on the surrounding area. Mrs. Proulx feels the Commission should see and hear the equipment in operation, as in the case of Messrs. Small and Harvey. She reiterated that a revised site plan has not been received. Mr. Bruguiere suggested that the Fitzgeralds may want to withdraw until this information is received. Mrs. Proulx agreed this would be an option for the applicants and that no additional fee would be charged if they chose to either postpone or withdraw. Mr. Boger said the County would continue to work with them on this application. It may be difficult, weather-wise, to schedule a demonstration of the equipment in February.

Ms. Russell said that she needs more information and to observe the equipment in operation. She also requests a management plan for what will happen with the mulch; i.e. a water source to control dust, etc. Mrs. Proulx agreed. Mr. Boger said that this operation may not produce an excessive amount of mulch since it is a personal operation.

Mr. Eggleston, representing the Fitzgeralds, made the following points:
1)   Management of the mulch pile. There will be no pile. When the tub grinder comes in, the mulch will be hauled away immediately and delivered to customers such as other contractors and WPOA.
2)   Volume. Approximately 16 tandem loads of stumps hauled to the property during the year.
3)   DEQ – air pollution. Dust management is not a pollution issue. Earthworks Company has submitted the application for a permit. DEQ says the owner of the equipment, not the lessee, must have a permit.
4)   Recycling, not dumping, fits in with the Nelson County Solid Waste Exemption.
He stated further that this is a land use issue. They will not grind continuously, probably two or three days on an annual basis. The noise will be minimal. The area where stumps will be piled is an open area – there is no building or structure involved.

Mr. Harman asked about noise of the chipper. Mr. Eggleston replied that the chipper is not used on this site. It’s taken to the site being cleared. The only machine that will be operating on this property is the tub grinder one or two days a year. If there are noise violations, they will be dealt with via the noise ordinance. Mrs. Proulx said that this site has not been tested for noise and asked if a performance bond is an option. Mr. Eggleston said that the site plan shows the distance to the nearest property to be 50 ft. Ms. Russell agreed that the site is too close to the property line and that the Fitzgeralds had agreed to consider an alternate site. Mr. Eggleston said the applicants should understand that if the noise ordinance is violated, that will be addressed by the County. Ms. Russell called attention again to the safety issue of the required 200 ft. safety buffer area and the fact that the location of the tub grinder was not indicated on the site plan. Mr. Eggleston said the applicants would take safety precautions to prevent liability for damages. This operation is not incompatible with other uses in the area. He reiterated that the use would be 2 or 3 days a year.

Mr. Bruguiere agreed with Mr. Eggleston though recognizing that a site plan is required to show the exact location of the grinder. The Fitzgeralds are in a good position to dispose of debris from all builders, which is needed. He feels the Commission is asking for too much, but agrees with the request for the site plan.

Mr. Fitzgerald said that he came to see Mr. Boger to discuss this operation. He has already made and will make a large investment in equipment to be able to process this waste wood. The County is getting money from building permits, so it needs to provide a location for disposal of the debris.

Mrs. Proulx stated that the applicants had the option of postponing or withdrawing the application until the requirements have been met. Mr. Fitzgerald said he would like the Planning Commission to act on this now.

There was discussion from the audience about not being able to speak at this meeting. Mrs. Proulx advised the audience that the public hearing was advertised for last month (November 30) and that while the letter to adjoining property owners may not have been clear, the next opportunity for public hearing will be with the Board of Supervisors.

Mr. Bruguiere made a motion to approve the Conditional Use Permit on the condition that the site plan is submitted within 30 days and that the equipment is in operation no more than 3 days a year. Mr. Harman provided the second. Ms. Russell asked if the site plan would need to come back to the Commission for approval. Mr. Bruguiere suggested that Mr. Boger could approve it, which was not acceptable to the other Commissioners. Motion failed 3-2-1 with Messrs. Harman & Bruguiere voting yes, Mrs. Proulx, Ms. Russell and Mrs. Hunt voting no, and Mrs. Truesdale abstaining. Mrs. Proulx stated that the application would be going to the Board of Supervisors with the recommendation to deny.

2. Conditional Use Permit #2005-002 – A. G. Small/Jason Harvey - Continuation

Mr. Boger stated that on December 7, 2005 a tub grinder was brought to the Small property for demonstration for the Planning Commissioners and other concerned parties. Decibel readings were taken and there are two problem areas – Wintergreen property and the adjacent parcel east of the site. A location more in the center of Mr. Small’s lot would be a better site. At the shopping center the rating was 40 dB and at the gate it was 50 dB. Mr. Boger stated that he was informed that larger pieces of debris were processed by the grinder both the afternoon of and the day following the demonstration and the decibel level doubled. Since that time there was a problem with spontaneous combustion in the existing mulch piles. DEQ has issued a warning to Mr. Harvey. The mulch fire was put out with a warning being given to Mr. Jason Harvey. The tub grinder needs an air permit from DEQ and may also need an air permit at the site.

In addition to previous concerns stated by Mr. Boger, he stated that High Country Associates (HCA) has submitted an application for a new subdivision located very close to the proposed grinding site. This decision may make a difference in the future plans for that area.

Mr. Boger said that DEQ has stated that the mulch piles presently at the site are too large and recommended smaller piles for easier turn-over. Mr. Boger reiterated that his position has not changed, and in his opinion, this operation does not fit into the character of the area due to noise, truck traffic, etc. The Commission is in receipt of a petition with 67 signatures opposing the CUP approval, and as of this date, 29 additional e-mails have been received requesting to be added to the petition.

Mr. Harman asked if there was any way of knowing the actual amount of stump grinding that would be done. Mr. Boger replied that there are indications that it is higher than originally projected. Mr. Boger said the operation agreed upon at the last meeting would be 15 days a year, Monday – Friday. Mrs. Proulx said she felt there is minimal change in sound due to the type of material being ground; however, mulch is a concern of which the Commission has only recently become aware.

Since the applicant has not had an opportunity to address this issue, Mrs. Proulx suggested that the application be passed to the BOS without a recommendation for approval or denial. She further explained that because the zoning ordinance doesn’t allow additional time to consider this application without agreement from the applicant, she felt this option would then give the applicant time to address these concerns before consideration by the BOS.

Mr. Jason Harvey said that if the concern is getting rid of the mulch, the Commission could set a time frame for its removal. Thirty (30) days would be agreeable with him. The combustion problem occurred when new mulch was added to the old. Mr. Massie Saunders said that Saunders Bros. will take all mulch from the site as soon as it is ground. Mrs. Proulx asked for confirmation that it would be removed within three days. Mr. Saunders said that the requirement is for 75% to be removed each year, but it would be more than that and more often.   Spontaneous combustion will be seen by smoke coming from the interior of the pile before a flame is visible. Mrs. Proulx said that smoke is an issue. If mulch will be there longer than three days, it will cause management problems. Mr. Saunders said that after meeting with Mr. Boger some months ago, he understood that the application was complete and ready for submittal to the PC. The only issue at the time was noise and a machine was provided in order to calculate the noise level. Mrs. Proulx said she was not aware of the mulch management issues until the fires started. No plan has been given at this point to manage this situation. She appreciated the effort made to bring the machine in for demonstration and visited the site several times on December 7, finding the noise not to be excessive.

Ms. Russell asked whether a dry hydrant was available to wet down the mulch, which would reduce dust and fight fire, if necessary. Mr. Saunders said there was no water source. The fire department tanker would be used, if necessary; however, the more water there is in the piles, the greater the potential for spontaneous combustion. Mr. Bruguiere agreed that compaction causes combustion. He doesn’t feel dust will be a problem. The problem can be alleviated by moving the piles regularly. He feels Mr. Harvey has complied with all the regulations. Mrs. Proulx reiterated her desire for a mulch management plan before making a decision.

Mr. Harvey asked what Mrs. Proulx felt was a reasonable number of days between grinding and mulch removal should be and Mrs. Proulx said she thought one day a week would be reasonable, weather permitting. Mrs. Russell stated that if approval is received to operate on this property, the grinder cannot be moved to another location. Her biggest concern is that approval of this CUP will open the door to many other applications. There are no standards in place. This is agricultural land but she doesn’t feel this is appropriate land use based on the current pattern of surrounding development. Nellysford will not grow as the Comprehensive Plan anticipates if this operation is allowed here. Another location would be more appropriate.

Mr. Bruguiere said that the County has caused this situation and doesn’t provide a facility for dealing with this disposal. Mr. Harvey has provided the necessary site plan, a demonstration of the equipment, has reduced the number of days of operation and noise is not as loud as a logging operation, the PC needs to make a decision.

Ms. Hunt said she sees the need for this kind of operation but doesn’t feel it fits the area as described in the Comprehensive Plan. It should be located somewhere else. Ms. Russell said the only place stumps cannot be burned is Wintergreen, so it’s not a County-wide issue. People can burn stumps, etc. on their own property. Mr. Harman stated that he had mixed feelings about this operation and could see the need for it, but would not want to live next door to it.

Mr. Harman made a motion to pass the CUP application to the Board of Supervisors without a recommendation of approval or denial. Ms. Hunt provided the second, with Mr. Harman, Mrs. Truesdale, Mrs. Proulx and Mrs. Hunt voting yes and Ms. Russell and Mr. Bruguiere voting no. The application will be passed to the Board of Supervisors for consideration on January 10, 2006.

3.   Amendment to CUP 96-6 – American Tower Corp. – T/Mobile

Mr. Boger reported that Mr. Carl M. Taskes, of T-Mobile, is requesting an amendment to Conditional Use Permit #96-6 to permit T-Mobile to co-locate on the North Nelson Communicatins Tower which is owned by American Tower Corp. This tower is located approximately one mile north of Thurmonds Hollow Land on a private road. The CUP was approved by the BOS on November 12, 1996 with some conditions. (See file.) Staff has no objection to the addition of six panel antennas being co-located on this tower which is on property owned by Robert Brush. There have been no comments to date from adjoining property owners regarding these additions.

Mr. Steven Waller, representing T-Mobile, stated that T-Mobile has agreed to the condition to place all utility lines on the existing road. The size of the antenna is 6’ long and 1’ wide, similar to the existing antennas. T-Mobile uses wooden poles.

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

Ms. Russell made motion to recommend approval of the CUP amendment, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors the
approval of an amendment to Conditional Use Permit #96-6 for American
Tower Corp. with the condition that any power lines must be located along
the existing road.

Mr. Bruguiere provided the second and motion passed 6-0.

4.   SUP #2005-004 – Norma Bradley/Mike Crandall

Mr. Boger reported that Ms. Norma Bradley and Mr. Mike Crandall are requesting a Special Use Permit to replace the existing building at 1471 Beech Grove Road with a new model home to be used for an office and business. The existing septic system will need to be inspected by the Health Department. Staff recommends approval of the SUP.

Mr. Mike Crandall, applicant, stated that the existing building and an old barn will be torn down and replaced with a new model home. There will be a slightly larger parking area. Ms. Russell asked if there were underground gas tanks on the property and Mr. Crandall said there may be. They will be contacting EPA to see what needs to be done. Soils tests will be done and existing septic will be abandoned and a new system put in, if necessary. The well will be upgraded.

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

Mr. Harman made a motion to recommend approval of the SUP, as stated in the following resolution:
The Commission recommends to the Board of Supervisors the approval of
Special Use Permit #2005-004, for Norma Bradley, owner, and Mike Crandall,
developer, to change the existing use of property located on Rt. 664, Nellysford,from an antique and craft shop to a model home/office, antique, craft and gift shop.

Ms. Russell provided the second and motion passed 6-0.

5.   Preliminary Subdivision – W.E.C. Management, LLC

Mr. Boger reported that Massie Saunders, Surveyor, has submitted a preliminary subdivision plat for W. E. C. Management, LLC, dividing 61.80 acres into 5 tracts of land located on Rhue Hollow Road. Tract 5 will be divided off of the property pursuant to Section 3-2-B (1) of the Subdivision Ordinance and the remaining lots as a traditional subdivision. Approximately 2 acres of the principal tract will be added to the adjoining parcel identified as TM #31-A-58B. An E&S plan will be needed for the road construction, drainage easements and utility easements (particularly for lots #2 & #5) need to be noted on the plat, and soil work must be done for each lot and submitted to the Planning Department for forwarding to the Health Department. A small area of flood plain is shown on Tract #4. This needs to be verified and so noted on the plat. Staff recommends approval of the preliminary plat.

The public hearing was opened, there were not comments, and public hearing was closed.

Ms. Russell asked who owned W.E.C. Management, LLC. Mr. Saunders said the owner was Mr. Costner, but the property is under contract by Mrs. Mary Jane Hoffman.

Ms. Russell made a motion to recommend approval of the preliminary subdivision plat, as stated in the following resolution:

Approves the preliminary subdivision plat for W. E. C. Management, LLC,
dated November 16, 2005.

Mr. Bruguiere provided the second and motion passed 6-0.

Other Business – Correction to Dutch Creek Resolution

1. Corrections were made to page 2, paragraph 5, of the Dutch Creek Resolution to omit Davis Creek wording and replace with appropriate Dutch Creek wording. Mr. Harman made a motion to amend the resolution as shown below:

WHEREAS, the Agricultural and Forestal Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for designation as inclusion in an Agricultural and Forestal District and recommends the creation of addition to the Davis Dutch Creek Agricultural and Forestal District as proposed; and…

Mr. Bruguiere provided the second and motion passed 6-0. (Note: The entire resolution is attached to these minutes.)

2.   Mr. Boger reported that Community Trust Bank in Lovingston will become American Trust Bank. They wish to change their sign to a 12’, 4” sign with a spotlight from below. This will be an amendment to the site plan for Community Trust Bank. Mr. Bruguiere made a motion to allow Mr. Boger to approve the site plan amendment for Community Trust Bank/American Trust Bank. Ms. Russell provided the second and motion passed 6-0.

Adjournment
At 9:20 P. M., Mr. Harman made a motion to adjourn, Ms. Hunt provided the second, and motion passed 6-0.

Next Meeting: January 25, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND APPROVAL OF AN AMENDMENT
TO CONDITIONAL USE PERMIT #96-6 FOR
AMERICAN TOWER CORP., T-MOBILE

WHEREAS, Mr. Carl M. Taskes, representing T-Mobile, is requesting an amendment to CUP #96-6 to permit T-Mobile to co-locate six panel antennas on the North Nelson Communications Tower which is owned by American Tower Corporation; and

WHEREAS, notice of public hearing was published in the Nelson County Times on December 8 and December 15, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on December 19, 2005; and

WHEREAS, the Commission has considered the Planning Director’s report recommending approval of the amendment, and that there as been no public opposition as of December 21, 2005;

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

1.   The Commission recommends to the Board of Supervisors the approval of an amendment to Conditional Use Permit #96-6 for American Tower Corp. & T-Mobile with the condition that any power lines must be located along the existing road.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Thomas Bruguiere

Motion Passed: 6-0
                       APPROVED: __________________________
                               CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary

                       DATE:          December 28, 2005

A RESOLUTION
TO APPROVE SPECIAL USE PERMIT #2005-004
FOR NORMA BRADLEY AND MIKE CRANDALL

WHEREAS, Ms. Bradley and Mr. Crandall have requested a Special Use Permit to change the existing use of property located on Rt. 664, Nellysford, Virginia, from a consignment shop to multi-use in order to tear down the existing building and replace it with a combination model home/office, antique, craft and gift shop on property identified as Tax Map #20-A-42; and

WHEREAS, notice of public hearing was published in the Nelson County Times on December 8 and December 15, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on December 16, 2005; and

WHEREAS, the Commission has considered the Planning Director’s report stating that this change will have a positive impact on the immediate area by removing a dilapidated building and replacing it with a new structure;

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

1.   The Commission recommends to the Board of Supervisors the approval of Special Use Permit #2005-004, for Norma Bradley, owner, and Mike Crandall, developer, to change the existing use of property located on Rt. 664, Nellysford, from an antique and craft shop to a model home/office, antique, craft and gift shop.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed: 6-0
                       APPROVED: __________________________
                               CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:               December 28, 2005

A RESOLUTION
RECOMMENDING APPROVAL OF THE PRELIMINARY
SUBDIVISION PLAT FOR W.E.C. MANAGEMENT, L.L.C

WHEREAS, P. Massie Saunders, Land Surveyor, representing Mrs. Mary Jane Hoffman, has filed a preliminary subdivision plat with the Nelson County Planning Department to divide 61.80 acres located on Rhue Hollow Road into five lots ranging in size from 26.3 to 6.3 acres, said plat being dated November 16, 2005; 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 December 8 and December 15, 2005; and

WHEREAS, a notice to adjacent property owners was mailed on December 16, 2005; and

WHEREAS, Staff has reviewed the preliminary plat and provided comments to the Planning Commission;

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

1.   Approves the preliminary subdivision plat for W. E. C. Management, LLC,
   dated November 16, 2005.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Thomas Bruguiere

Motion Passed:   6-0               APPROVED: __________________________
                                            CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:              December 28, 2005

A RESOLUTION
RECOMMENDING APPROVAL OF AN ORDINANCE ADDING TO
THE DUTCH CREEK AGRICULTURAL AND FORESTAL DISTRICT

WHEREAS, Mr. W. A. Wright has filed an application to add to the Dutch Creek Agricultural and Forestal District; and

WHEREAS, the addition will consist of the following properties:

•   Tax Map #60-A, Parcel 25   111.961 acres   Carol C. Bauer, property owner
•   Tax Map #60-A, Parcel 33   9.76 acres   Janet L. & Thomas Cabrera,                                    property owners
•   Tax Map #59-A, Parcel 22      102.0   acres   Richard Barclay, property owner
•   Tax Map #60-A, Parcel 28      15.0 acres   Chapin Wilson & Janice Jackson,                                property owners
   (Mr. Wilson and Ms. Jackson’s property is already in the Dutch Creek Agricultural and    Forestal District. The 15 acres is being added to the District as a boundary adjustment.)
•   Tax Map #59-A, Parcel 46   50.0 acres   I. Blair Clark, Jr., property owner
•   Tax Map #60-A, Parcel 23   59.26 acres   Carl E. & Isabelle H. Stevens,                                property owners
•   Tax Map #60-A, Parcel 68   47.0 acres   Robert & Sherry W. Robinson,                               property owners

WHEREAS, the total acreage of the addition to the District will be 394.98 acres; and

WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section X-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:

a.   No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production;
      b.   Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District for at least until the time of the next scheduled District renewal; and
c.   Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
d.   Membership in this AFD does not preclude building a home on land on which no structure exists, or construction of guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations.
e.   The period before first review is five (5) years; and

WHEREAS, on July 6, 2005, the Nelson County Planning Department referred the application to the Nelson County Board of Supervisors; and

WHEREAS, on July 13, 2005, the Nelson County Board of Supervisors referred the application to the Nelson County Planning Commission; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Advisory Committee; and

WHEREAS, the Agricultural and Forestal Advisory Committee met on September 6, 2005 to review and discuss the application; and

WHEREAS, the Agricultural and Forestal Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for inclusion in an Agricultural and Forestal District and recommends the addition to the Dutch Creek Agricultural and Forestal District as proposed; and

WHEREAS, on October 4, 2005 letters were mailed first to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on October 26, 2005 for the Planning Commission and on December 13, 2005 for the Board of Supervisors; and

WHEREAS, pursuant with Section 15.2-4311 of the Code of Virginia, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and

WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15-2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on October 6, 2005 and October 13, 2005; and

WHEREAS, pursuant to Section 15.2-4307 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed district on October 14, 2005; and

WHEREAS, on October 26, 2005 the Nelson County Planning Department and the Agricultural and Forestal Advisory Committee presented to the Commission their reports recommending approval of the application as proposed; and

WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on October 26, 2005 to receive comments from the public on the proposed Agricultural and Forestal District; and

WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Advisory Committee’s recommendation, and considering comments from the public, it is the Commission’s finding that there are significant agricultural and forestal lands within the proposed district and that they meet the requirements for designation as an Agricultural and Forestal district;

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

1.   Recommends adoption of an ordinance adding 394.98 acres to the Dutch Creek Agricultural and Forestal District as proposed with the conditions (restrictions) as stated in the application which each property owner voluntarily agreed to place on his and/or her property.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0           APPROVED:__________________________
                                         CHAIR

                   ATTEST:____________________________
                                    Planning Commission Secretary

Amended 12/28/05

Motion Made by Commissioner: Michael Harman
Motion Seconded by Commissioner: Thomas Bruguiere
Motion Passed: 6-0

                   APPROVED: _________________________
                               CHAIR
                   ATTEST: ____________________________
                              Planning Commission Secretary

                   DATE:          December 28, 2005