Planning: November 15, 2006

November 15, 2006

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
November 15, 2006
Continued Meeting

Present: Chair Philippa Proulx, Commissioners Linda Russell, Emily Hunt, Dolores Truesdale, and Supervisor Tommy Bruguiere

Absent: Commissioner Michael Harman

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx reopened the continued meeting at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse. The purpose of the meeting is to review zoning ordinance and subdivision amendments.

Zoning Ordinance Amendment Discussion

Mr. Boger said that a separate Article has been done for clustering and will be available for the next meeting.

Supervisor Bruguiere said that in a recent legislative session one official said they were going to revisit clustering in the near future, so there may not be a need to include it in the ordinance. Since the legislation requiring the clustering option be added to local ordinances is to be effective July 1, 2007, the Board of Supervisors could choose not to include this section and wait to see if the 2007 General Assembly changes it. The Planning Commission chose to retain that section until such time as changes are forthcoming.

Commissioner Russell stated that multi-family apartments is by right in SE-1. She said she would prefer it be an accessory use rather than by right. Chair Proulx suggested it may fit better as a Special Use Permit use. Mr. Boger said that multi-use must be allowed and the only basis for turning down such a request would be its inappropriateness for the area.

Subdivision Ordinance Amendments Reviewed:

Mr. Boger said that the County Administrator would like the Commission to consider eliminating public hearings for preliminary and final subdivisions. State law no longer requires that these hearings be held. Chair Proulx stated that in the past some problems with the development/developer have been worked out amicably because of public comment. If there is no public hearing, there would be no opportunity for public comment. Mr. Boger said that adjoining property owners could be notified and they could comment to the Planning Director or Commissioners; however, there would be no legal notice published. Commissioner Russell said she felt the public hearing is beneficial and property owner input helpful. Chair Proulx agreed that problems are often uncovered during the public hearing. In Supervisor Bruguiere’s opinion, a preliminary or final subdivision plat will not be approved if all requirements aren’t met; therefore, there is no need for public comment.

Commissioners Hunt and Russell expressed support for the public hearing process. If the constituency has major problems with a proposed subdivision, the Planning Commission must take it into consideration. Chair Proulx said that public opinion is very important and she would prefer to leave the public hearing requirement in the ordinance. The Board of Supervisors may decide differently. Mr. Boger said that the Board has asked to be taken out of the final subdivision plat review process, with the option of reviewing any they feel are necessary. Commissioner Russell stated she felt it was arbitrary and capricious for the Board to pick and choose which ones they want to look at.

Mr. Boger stated there could be an appeals process allowing the applicant to appeal to the Board of Supervisors a decision made by the Planning Commission. Staff recommended that Section 3-2, Exceptions to Review by Commission, be amended to permit the approval of: 1) a subdivision of land into no more than 10 lots; 2) cluster subdivisions; 3) change in boundary lines between adjacent landowners; and 4) family subdivisions.

Commissioner Russell discussed Subdivision Ordinance Section 3-8 – Plat Review – Time Limit. If approval of a plat is denied during the 60-day time frame, reasons for the denial are given, and the applicant resubmits the plat, the submittal time frame starts again with the new plat. The applicant also has the right to appeal the decision to the Board of Supervisors.

Mr. Boger said that the Stormwater Management ordinance must be adopted within the next 2 or 3 years and work should begin on it as soon as possible. Stormwater quality requirements will have to be implemented in the near future.

Commissioners discussed subdivision road and street requirements, health department requirements, administration and enforcement of the ordinance, and VDOT requirements.

Mr. Boger asked the Commissioners to consider having the Commission review the preliminary plat. If approved, then allow administrative approval of the final plat. There would be one public hearing instead of two.If changes are made in lot size, number of lots, etc., the plat would return to the Commission for review.

Commissioner Russell asked if any thought has been given to reducing the number of entrances in a subdivision and feels the number of entrances onto a highway should be limited.

Commissioner Russell said that in the current A-1 zoning district, lot sizes are determined by the Health Department where there is public sewer.

Staff will continue work on ordinance amendments and try to have them ready for Commission review at the November 29, 2006 meeting.

Adjournment
At 8:45 P. M. Commissioner Hunt made a motion to adjourn and Commissioners agreed by consensus.

Next Meeting: November 29, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary