Planning: January 18, 2007

January 18, 2007

NELSON COUNTY PLANNING COMMISSION
CONTINUED MEETING
JANUARY 18, 2007

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Harman, Dolores Truesdale and Supervisor Tommy Harvey

Absent: Commissioner Emily Hunt

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx reopened the continued meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse. She stated that the purpose of the meeting was to discuss comments received from citizens during and since the January 16, 2007 public hearing regarding proposed zoning and subdivision ordinance amendments, and to discuss changes that need to be made prior to making a recommendation to the Board of Supervisors.

Proposed Zoning Ordinance Amendments:
The following changes/corrections were recommended or made to the document titled Nelson County Zoning Ordinance Proposed Amendments as of December 27, 2006.

Page 2, Article 1-3: “In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of health, safety, or and the general welfare of the citizens of the County.” Mr. Boger will consult with the County Attorney to confirm the appropriateness of this additional terminology.

Page 2, Article 2-6a: Removed ξ 46.2-730 which is consistent with BOS action in the proposed ordinance.

Page 3, Article 2-51a: Corrected (iii) to (ii) when a special or conditional use permit provides for the storage of inoperative vehicles.

Page 4, Article 2.66a: Corrected 2.66a to 2-66a and corrected markets to read markers.

Page 5, Article 3-3-1a: Changed front yard to: Lots 1 to 20 acres in size: Minimum of seventy-five (75) feet from the center of the road or fifty (50) feet from the edge of the street right-of-way, whichever is the greater distance. Lots greater than 20 acres in size: Minimum of three hundred (300) feet from the edge of the street right-of-way.

Page 5, Article 3-3-1b: Changed internal lot without road frontage to: Lots 1 to 20 acres in size: Minimum of fifty (50) feet from the property line designated as the front of the lot or parcel. Lots greater than 20 acres in size: Minimum of three hundred (300) feet from the property line designated as the front of the parcel.

Page 5, Article 3-3-2: Changed side yard to: Lots 1 to 20 acres in size: Minimum of ten (10) feet from the property line and the total width of the required side yards shall be twenty-five (25) feet or more. Lots greater than 20 acres in size: Minimum of three hundred (300) feet from the property line on each side.

Page 5, Article 3-3-3: Changed rear yard to: Lots 1 to 20 acres in size: Minimum of twenty-five (25) feet from the rear property line. Lots greater than 20 acres in size: Minimum of three hundred (300) feet from the rear property line.

Page 7, Division Rights table: Clarification is needed for acreage exceeding 75 which states that the owner has 11 division rights for the first 75 acres plus unlimited 20-acre lots for the remainder of their property. The BOS may wish to provide further explanation before their public hearing. In addition, a suggestion has been made to change 0-5 acres to 4-5 due to the 2-acre minimum lot size.

Page 7, Article 4-3-1a: Changed front yard to: Removal of Lots 1 to 5 acres in size and Lots greater than 5 acres in size: Three hundred (300) feet from the edge of the street right-of-way. This leaves a front yard setback of: Minimum of seventy-five (75) feet from the center of the road or fifty (50) feet from the edge of the right-of-way, whichever is the greater distance.

Page 7, Article 4-3-1b: Changed internal lot without road frontage to: Removal of Lots 1 to 5 acres in size and Lots greater than 5 acres in size: Three hundred (300) feet from the edge of the street right-of-way. This leaves an internal lot without road frontage setback of: Minimum of fifty (50) feet from the property line designated as the front yard.

Page 8, Article 4-3-2: Changed side yard to: Lots greater than 5 acres: Minimum of twenty (20) feet from the property line and the total width of the required side yards shall be fifty (50) feet or more.

Page 8, Article 4-3-3: Changed rear yard to: Lots greater than 5 acres in size: Minimum of fifty (50) feet from the rear property line.

Page 8, Article 4-4-2: Changed corner lot side yard to: Lots 1 to 5 acres in size: Minimum side yard on the side of lot facing the side street shall be thirty (30) feet for both main and accessory building(s). Removed the lots greater than 5 acres requirement.

Page 10, Article 5-3-1a: Added to front yard: Minimum of seventy-five (75) feet…

Page 10, Article 5-3-1b: Added to internal lot without road frontage: Minimum of fifty (50) feet…

Page 11, Article 5-6-4: Removed: No accessory building which is within ten (10) fifteen (15) feet of any party lot property line shall be more than one (1) story high. Remaining is: All accessory buildings shall be less than the main building in height.

Page 13, Article 14-2-4: Removed Code of Virginia section number in two places.

Proposed Subdivision Ordinance Amendments:

The following changes/corrections were recommended or made to the document titled Nelson County Subdivision Ordinance Proposed Amendments as of December 27, 2006.

Page 1, Article 3-1: Removed Code of Virginia section number.

Page 5, Article 3-7 A.: Corrected wording to read: The Commission shall act on a preliminary subdivision plat determined to have had a “complete administrative review” and be an “official submission” within sixty (60) days…

Page 5, Article 3-7 B.: Corrected wording to read: The final plat shall be acted on by the Commission within sixty (60) days after has had a “complete administrative review” and is determined to be an “official submission”…

In addition to these changes, it was noted that a definition for driveway is needed.

Supervisor Harvey discussed reinstituting a process for posting “courtesy signs” on applicant’s property as notification of Commission hearings on rezonings, conditional use permits, special use permits, etc. While this notification is no longer required by the State, it is an effective way of notifying citizens of upcoming activity. Not everyone subscribes to the Nelson County Times where these notifications are made.

Chair Proulx discussed the County Administrator’s request that the Board be taken out of the final subdivision plat review process, with the option of reviewing any subdivision plats they feel are necessary. Commissioner Russell stated she felt this was unfair to the applicant and that a process has been added to the ordinance so that the applicant can appeal the Commission’s decision to the Board.

Commissioner Russell advised of Mr. Massie Saunders’ concern over the change in subdivision requirements and how they would affect work already in progress at the time of adoption of the ordinance. Commissioner Russell would like to recommend to the Board that a process be implemented to accommodate this situation; i.e. surveyors/engineers be asked to submit a list of projects in progress at the time of ordinance adoption and then given a specified number of days/months to comply with the amended ordinance requirements.

Chair Proulx asked that revised amendment documents be prepared as soon as possible and that a resolution be prepared for the February 24 meeting in order to recommend the amendments to the Board of Supervisors.

At 9:00 o’clock P. M., Commissioner Harman made a motion to adjourn, and meeting was adjourned by consensus.

Respectfully submitted,

Betty Fortune
Planning Secretary