Planning: May 24, 2006

May 24, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
May 24, 2006

Present: Chair Philippa Proulx, Commissioners Linda Russell and Michael Harman, and Supervisor/Commissioner Thomas Bruguiere

Absent: Vice Chair Emily Hunt, Commissioner Dolores Truesdale

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 April 26, 2006 Planning Commission meeting were reviewed with no changes made. Commissioner Harman made a motion to approve the minutes, Supervisor/Commissioner Bruguiere provided the second, Commissioner Russell abstained, and motion passed 3-0.

Final Subdivision – Leonel M. & Judith A. P. Paixao
Mr. Boger reported that the Paixaos have submitted a final subdivision plat to divide off 2.428 acres from a 7.44 acre tract of land located at 374 Mountain Road (Rt. 631). The Health Department has issued a septic permit for the new lot, which will be served by an existing private road. Several items need to be corrected on the plat: 1) the 50’ stream easement must be extended through the residue lot since it is part of this subdivision; 2) the width of the utility easement must be defined; and 3) signature spaces must be provided for representatives of the Board of Supervisors and Planning Commission.

Commissioner Russell asked if there were any existing covenant or deed restrictions and Mr. Boger said he was not aware of any. Mr. Bruguiere asked if the 50’ right-of-way would be used to access the other parcels. The applicant was not present to answer this question.

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

Supervisor/Commissioner Bruguiere made a motion to recommend approval of the final subdivision plat, as stated in the following Resolution:
The Planning Commission recommends to the Board of Supervisors approval of the final Subdivision Plat, dated January 7, 2006, Revised April 28, 2006, entitled “Subdivision Plat – Paixao Property.”

Commissioner Russell provided the second, and motion passed 4-0.

Final Subdivision – Mary Jane Dull Hoffman
Mr. Boger reported that Mr. Massie Saunders, Land Surveyor, has submitted a final subdivision plat for Mrs. Hoffman to divide approximately 61.80 acres into five tracts of land. The property is located on Rhue Hollow Road directly across from the intersection with Walk Around Lane. Tract #5 is being divided pursuant to Section 3-2-B-1 of the Subdivision Ordinance. The remaining four lots are being divided as a standard subdivision. Lots range in size from 5.313 to 25.698 acres. The preliminary plat was approved by the Planning Commission on December 28, 2005. There have been some modifications to lot size and entrance and the change in entrance will require crossing a stream or drainage channel. Ms. Nora Iseli with the Army Corps of Engineers visited the property with Mr. Saunders who will give an update on that meeting. The required 50’ stream setback has been shown on the plat. Soil work and drain field locations have been completed. Mr. Steve Thomas has finalized his report which was submitted to the Health Department today. Mr. Carlton Long of VDOT has informed Staff that he has no problem with the proposed entrances since they are private. An entrance permit will be required, however, for any new entrances that may be constructed for this development.

Mr. Saunders reported that he met with Ms. Iseli on site and she sees no problem with the crossings. Paperwork to that effect will be sent to Mr. Saunders. The stream is not designated as a live stream. Permits, though not required, will be provided by the ACE to cover any future questions.

Commissioner Russell commented that the preliminary PC approval on December 28, 2006 noted that an E & S control plan and wetlands or floodplain issues on lot 4 should be addressed before final approval. Mr. Boger replied that and E & S control plan is not needed at this time since the road is already in place. Mr. Saunders said it was his understanding that it would be required if they were disturbing more than 10,000 sq. ft. The roads are existing except for lot 2 which will require only a very short road. Mr. Saunders said he didn’t think there were any floodplain or wetlands issues.

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

Commissioner Harman made a motion to recommend approval of the final subdivision plat, as stated in the following Resolution:
The Planning Commission recommends to the Board of Supervisors approval of the final Subdivision Plat, dated April 13, 2006, entitled “Composite Plat Showing a Subdivision of the Property of Mary Jane Dull Hoffman to be known as ‘Glen Rhue’.”

Supervisor/Commissioner Bruguiere provided the second, and motion passed 4-0.

Amendment to Zoning Ordinance – Vegetative Rubbish Recycling Facility

By way of introduction to the next two items, amendments to the zoning ordinance, Chair Proulx stated that the amendments to be discussed are not specific to any Conditional Use or Special Use applications that may have been submitted earlier. On March 14, 2006, the Board of Supervisors approved a resolution to refer these amendments to the Planning Commission for discussion and public hearing. Discussion was held in April and the public hearing is being held tonight. If the amendment is approved by the BOS, each subsequent application will be considered on an individual basis and conditions may be imposed.

The amendment, as proposed, follows:

1.   That Article 4 of the Zoning Ordinance entitled Agricultural District A-1, under Uses-Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Vegetative Rubbish Recycling Facility

2.   That Article 2 of the Zoning Ordinance entitled Definitions should be amended by the addition of the following subsection:

   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.

Chair Proulx opened the public hearing for the zoning ordinance amendment on vegetative rubbish recycling facility.

James Lynch expressed concern over the high level of pollution and the possible health hazards. Workers should be educated to wear protective equipment, such as masks.

Mary Gorka expressed similar concerns since there are no boundaries on noise and dust. Protective equipment was demonstrated, but this will not protect from particulates. She recommended delaying a decision until more people have had an opportunity to speak on this subject.

George Bonheyo asked if the plan is to allow waste recycling with piles of mulch, tub grinders, screeners, etc. in A-1 (Agricultural) zoning district. If so, it should be tightly controlled.

Angela Robinson read from a letter from the County Administrator to DEQ dated December 28, 2005 which asked, in part, the following questions: Is a state permit required for a vegetative rubbish recycling center? Is stockpiling and subsequent disposal of vegetative waste on the property, other than the site of origin, in violation of state waste regulations? What type of air pollution control permit will this business be required to obtain? She stated that thirteen days prior to the BOS meeting, these questions were still being asked and that if the County Administrator didn’t have the answers, the BOS most likely didn’t either. She stated further, “The Planning Commission is not obligated to pass an amendment because the BOS passed something that was irresponsible without them knowing all the answers to these questions, but you are obligated to the citizens here in this County.”

John Gurr stated that the PC missed an opportunity to make a reasonable decision on December 28 regarding this amendment, but they are not obliged to make a bad decision now. By making no recommendation in December, the BOS made a bad decision. Mr. Gurr has health concerns and stated that in California, grinders are enclosed in canvas and concrete buildings and Nelson might want to consider this option. He strongly opposes the present location and stated that the collective voices of Ryan Homes and Rosewood Village have not been heard concerning this matter.

Bo Zirkle said that there has been air pollution and heavy equipment noise in the Nellysford area for years and no one has said anything about it…until now. The material being put into the stump grinder is coming from the very area where people are now complaining. There are other locations in the County that are polluting streams, etc.

Peter Munger said that the PC’s goal should be to determine rational use of land. Vegetative recycling is an industrial operation that is being allowed in an agricultural district. It should be redirected to another site not in close proximity to residences.

Ray Ashton has reviewed the Solid Waste Ordinance of Nelson County which states that the County must provide a facility for disposing of vegetative waste. Now there is a resolution stating that the S. W. ordinance doesn’t need to be followed. He asked if this amendment was an effort by the Board of Supervisors to relinquish responsibility for providing such a facility.

The public hearing was closed.

Chair Proulx clarified that the PC made no recommendation in December because they ran out of time to gather sufficient information prior to making a decision. She also said that this amendment does not make vegetative waste recycling a by right use in the Agricultural district. A Conditional Use Permit is still required and the County can place conditions on an individual basis; i.e. number of days of operation, hours, etc. She also reiterated that this amendment is addressing general principles of this type of recycling, not specific applications. She went on to state that under the current zoning ordinance, sawmills are permitted in A-1 with a Conditional Use Permit and she didn’t see much difference between this operation and a sawmill operation.

Commissioner Russell said that the PC has the option to recommend to the BOS that the amendment not be adopted; however, if it is not approved, there will be only two places in the County that can recycle this waste – the property of Small/Harvey and Ray Fitzgerald. This would be showing partiality. If the amendment is adopted and someone applies for a Conditional Use Permit, conditions can be placed on the permit. The PC’s decision, regardless of the outcome, will have no effect on the Small/Harvey and Fitzgerald Conditional Use Permits previously approved.

Supervisor/Commissioner Bruguiere agreed and said that at this time there is no space for such an operation at the present landfill.

Commissioner Russell stated concern over how this will be addressed in the proposed zoning ordinance. Mr. Boger said that this operation will be allowed in Industrial zoning only in the proposed ordinance. Commissioner Russell was also concerned that two Commissioners were missing tonight and felt their vote on this issue was important. Consequently, she made a motion to postpone a decision until June 28 in order to have a full Commission available to vote. Supervisor/Commissioner Bruguiere provided the second and motion passed 4-0.

Amendment to Zoning Ordinance – Dwellings Permitted in B-1, Business Zoning District

Mr. Boger said that this referral is a result of the approval of a Conditional Use Permit for the Catholic Church in Lovingston under the “Uses Not Provided For” section of the Zoning Ordinance to allow a residential dwelling in the B-1 zoning district.

The amendment, as proposed, follows:

That Article 8 of the Nelson County Zoning Ordinance entitled Business District B-1, under Uses – Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

Dwellings

The public hearing was opened.

Mike Tapager approves of the amendment but said it should be monitored closely. It would be helpful to have some guidelines for a future applicant. People on Front Street, Lovingston, are in favor of revitalization, but there could be problems if this is not done in a clear-cut way.

The public hearing was closed.

Supervisor/Commissioner Bruguiere made a motion to postpone a decision on this amendement until the June 28 meeting. Mr. Harman provided the second, and motion passed 4-0.

Other Business

BOS Liason Report - Supervisor/Commissioner Bruguiere was unable to attend the May 9 BOS meeting, so there was no report. He stated that the BOS has been discussing increasing fees for permits, etc. since other costs, such as advertising, are increasing.

Mr. Boger recommended tabling the proposed revised application forms for SUP, CUP, and Rezoning until the proposed zoning ordinance is complete. A few minor changes to the proposed form were suggested and will be held for the future revision.

Adjournment
At 9:00 Commissioner Russell made a motion to adjourn, Supervisor/Commissioner Bruguiere provided the second, and motion passed 4-0.

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR LEONEL M. & JUDITH A. P. PAIXAO

WHEREAS, Tom Shumate, Surveyor, representing Leonel M & Judith A. P. Paixao, has filed a final subdivision plat with the Nelson County Planning Department to divide 7.44 acres into two lots located on State Route 631, identified as Tax Map 3-A-120A; 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 May 3 and 10, 2006; and

WHEREAS, on May 15, 2006, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on May 24, 2006, the Nelson County Planning Commission held the required public hearing on said final plat; and

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

   The Planning Commission recommends to the Board of Supervisors approval of the final Subdivision Plat, dated January 7, 2006, Revised April 28, 2006, entitled “Subdivision Plat – Paixao Property.”

Motion made by Commissioner: Tommy Bruguiere

Motion seconded by Commissioner: Linda Russell

Motion Passed:   4-0
APPROVED: __________________________
                                   CHAIR


ATTEST: ______________________________

Planning Commission Secretary
DATE:     May 24, 2006

A RESOLUTION
RECOMMENDING APPROVAL OF THE FINAL
SUBDIVISION PLAT FOR MARY JANE DULL HOFFMAN

WHEREAS, Massie Saunders, Surveyor, representing Mary Jane Dull Hoffman, has filed a final subdivision plat with the Nelson County Planning Department to divide 61.796 acres into five lots located on State Route 628, identified as Tax Map #31-A-20; 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 May 3 and 10, 2006; and

WHEREAS, on May 15, 2006, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on May 24, 2006, the Nelson County Planning Commission held the required public hearing on said final plat; and

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

   The Planning Commission recommends to the Board of Supervisors approval of the final Subdivision Plat, dated April 13, 2006, entitled “Composite Plat Showing a Subdivision of the Property of Mary Jane Dull Hoffman to be known as ‘Glen Rhue’.”

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Tommy Bruguiere

Motion Passed:   4-0


APPROVED: __________________________
                                   CHAIR


ATTEST: ______________________________

Planning Commission Secretary
DATE:     May 24, 2006