Planning: April 26, 2006

April 26, 2006

NELSON COUNTY PLANNING COMMISSION
MINUTES
April 26, 2006

Present: Chair Philippa Proulx, Vice Chair Emily Hunt, Commissioners Dolores Truesdale and Michael Harman, and Supervisor/Commissioner Thomas Bruguiere

Absent: Commissioner Linda Russell

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 of the County Courthouse.

Approval of Minutes:
Minutes from the March 22, 2006 Planning Commission meeting were reviewed with no changes made. Commissioner Harman made a motion to approve the minutes, Commissioner Hunt provided the second, and motion passed 4-0 (Chair Proulx abstained).

Rezoning #2006-002 – Daniel V. & Josephine Corbin

Mr. Boger reported that the Corbins are asking to rezone two parcels of land identified as Tax Map #4-A-59 and 59A from Residential, R-1 to Agricultural, A-1. The owners have a potential buyer for the property who wishes to construct a residential dwelling and operate an agri-business on the property, which is now zoned Residential, R-1 with a very narrow strip of Agricultural, A-1 which extends to the Albemarle County line. There is a mixture of residential and agricultural uses in the vicinity, as well as a commercial nursery. The agri-business they wish to operate is the growing of hops and a micro-brewery for beer. Staff’s only concern is whether this rezoning would constitute “spot zoning.” The existing zoning along this section of Rt. 151 is uniform, and rezoning this property would break the integrity of the district.

Mr. Corbin, applicant, was present, as well as the potential owner, Mr. Taylor Smack, brewer for South Street Brewery in Charlottesville. Mr. Smack said that he is modeling this business after Virginia’s Small Farm Brewery practices. They would live on the property, grow the hops plant, brew the beer, serve beer in the tasting room (with ABC approval) and sell to other breweries.

Following are questions posed by the Commissioners and the answers given by Mr. Smack.

Commissioner
Question
Answer
Proulx
Will food be served?
We are required to serve $2000.00 in food each month, so there will be a limited menu of foods available in the tasting room.
Hunt
Are their other hops growers in Virginia?
Yes, Blue & Gray Brewery, for one. Until recently this was not a viable crop in this area. Disease-resistant varieties make it more desirable.
Hunt
How much water will be needed?
About 1”/week for this type of soil.
Hunt
Will sprays be used?
Sprays will be used, when necessary.
Harman
Will you live on one lot and brew on the other?
Yes. The brewery will be approximately 1900 sq. ft. and 1900 sq. ft. for the tasting area.
Bruguiere
Will you sell retail or wholesale?
Retail on site and distribution to other breweries.
Hunt
Will you import hops?
May need to at the start, but by the second year, there should be a full crop.
Hunt
Is there enough water available?
They will know as soon as wells are dug.
Harman
Will there be public parking?
The bottom land is perfect for parking which cannot be seen from the road.
Bruguiere
Will there be a smell?
Very little, but it will be a pleaseant smell.
Hunt
What is the source of energy?
Natural gas and electricity.
Hunt
Will venting be needed?
Yes, on brew days (twice a week, 7-8 hours long) vents will be open.
Bruguiere
Is there enough room on the property for a dwelling, crop, and brewery?
There appears to be. The residence, tasting room, hops farm and parking should fit well on these two lots.

The public hearing was opened.

Andrew Hodson, owner of Veritas Winery, supports the application for rezoning. He said Mr. Smack is an excellent beer-maker and will be an asset to the community. His creative ideas for agriculture on Rt. 151 will bring in tourism and the business itself will be an asset to the County.

Edward Pelton works at Veritas Winery and said that Mr. Smack has a heart for this business and will develop the land tastefully and respectfully.

The public hearing was closed.

Mr. Boger said that originally the division of the land in 1995 was done as residential; however, it has only been used as a hay field, so its agricultural nature did not change. The actual zoning is R-1. Commissioner Proulx said that as a general rule, she’s opposed to spot-zoning; however, there is a strong argument that this not spot zoning. In the Comprehensive Plan, this area is designated agricultural and this are has a mix of agricultural and residential uses. There is A-1 zoning at the back of these parcels. Commissioner Harman said he felt this would be good for the County and doesn’t consider it spot zoning. Commissioner Proulx said the Comprehensive Plan encourages agricultural businesses.

Commissioner Harman made a motion to recommend approval of the rezoning, as stated in the following Resolution:
The Planning Commission recommends to the Board of Supervisors approval of rezoning application #2006-002 for Daniel V. & Josephine Corbin for two lots identified as Tax Map #4-A, Parcels 59 & 59A, from R-1, Residential to A-1, Agricultural, in order to use the land for agricultural purposes.

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

Other Business:
Discussion of Zoning Ordinance Amendment for Vegetative Rubbish Recycling Facility.

Mr. Boger explained that the Board of Supervisors is requesting the Planning Commission to schedule a public hearing on the ordinance amendment to add vegetative rubbish recycling facility by Conditional Use Permit to the A-1 zoning district, as well as the definition for same. It will then be returned to the Board of Supervisors for adoption. Supervisor/Commissioner Bruguiere stated that the language of the original resolution was changed at the County Attorney’s recommendation to omit reference to “tub-grinder” from the definition since there are various types of equipment used for the recycling process. Commissioner Proulx said the current resolution is unclear about where the recycling will be done, and recommended adding the word “on-site” to the proposed definition, which will now read: 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. All Commissioners agreed to the change. Supervisor/Commissioner Bruguiere made a motion to direct Staff to advertise for public hearing in May to amend the ordinance to add “vegetative rubbish recycling facility” and adding the word “on-site” to the definition. Commissioner Hunt provided the second and motion passed 5-0.

Discussion of Zoning Ordinance Amendment for Residential Dwelling in B-1 Zoning District.
After a brief discussion, Commissioner Harman made a motion to direct Staff to advertise for public hearing to amend the ordinance to add “dwellings” in B-1 zoning district by Conditional Use Permit. Supervisor/ Commissioner Bruguiere provided the second and motion passed 5-0.

Discussion of Proposed Revised Applications for Rezoning, Special/Conditional Use Permits.
This item was postponed until a later date when all Commissioners are present.
Supervisor Liaison Report – Supervisor/Commissioner Bruguiere.
Mr. Bruguiere reported that final subdivision review for Crabapple Estates was postponed until May 9 to allow time for the Board to review a revised plat received April 3. VDOT approval has been received and E & S and Army Corps of Engineers are currently reviewing the plans.

Adjournment: At 8:20 P. M. Commissioner Harman made a motion to adjourn, Commissioner Hunt provided the second, and motion passed 5-0.

Next Meeting: May 24, 2006

Respectfully submitted,

Betty Fortune, Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF
REZONING APPLICATION #2006-002 FOR
DANIEL V. & JOSEPHINE CORBIN

WHEREAS, Daniel V. & Josephine Corbin have filed an application to rezone two (2) lots from R-1 to A-1, identified as Tax Map #4-A, Parcels 59 & 59A, located on State Route 151, Nellysford, Virginia; and

WHEREAS, a notice of Public Hearing for the review of the application by the Nelson County Planning Commission was published in the Nelson County Times on April 6 and 13 2006; and

WHEREAS, on April 17, 2006, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on April 26, 2006, the Nelson County Planning Commission held the required public hearing on said rezoning application; and

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

Recommends to the Board of Supervisors approval of rezoning application #2006-002 for Daniel V. & Josephine Corbin for two lots identified as Tax Map #4-A, Parcels 59 & 59A, from R-1, Residential to A-1, Agricultural, in order to use the land for agricultural purposes.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Emily Hunt

Motion Passed:   5-0

APPROVED: __________________________
CHAIR

ATTEST: ______________________________
Planning Commission Secretary
DATE:     April 26, 2006