Planning: March 28, 2007

March 28, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
March 28, 2007

Present: Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Harman, Dolores Truesdale and Supervisor Tommy Harvey

Absent: Chair Philippa Proulx

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Vice Chair Hunt called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse.

Approval of Minutes: Commissioner Russell made a motion to approve minutes from the regular February 28, 2007 regular meeting. Commissioner Harman provided the second, and motion passed 5-0.

1. Site Plan #2007-006 – Doug Long (Continued from February meeting.)

Mr. Long previously submitted a site plan for two building pads for potential builders on property located in Callohill Industrial Park, a portion of Tax Map #57-A-34R. Mr. Boger reported that Mr. Long has submitted a letter withdrawing this request. It is understood that a site plan will be submitted for each pad site in Callohill Industrial Park as it is developed and a final subdivision plat submitted; therefore, the handwritten note has no bearing on the current site plan.

2. Rezoning #2007-003 – Curtis Bruguiere (Continued from February meeting.)

[In February, 2007 Mr. Curtis Bruguiere requested the rezoning of 1.88 acres located at 1889 Avon Road, Afton, from Residential R-1 to Agricultural A-1 (Tax Map #7-A-4) to allow office space as well as retail in the Anderson’s Grocery building.] Mr. Boger reported that the Planning Commission deferred a decision on the rezoning, requesting that Mr. Bruguiere have a current survey made of the property in order to accurately determine the lot size, placement of buildings, etc. The survey, as requested, has not been received.

Mr. Bruguiere requested that the Commission consider his request without a plat at this time. The 1964 VDOT drawing which he showed the Commissioners in February should be sufficient, considering the fact that all buildings were in place and nothing new is being added. Commissioners questioned whether it was an actual survey and Mr. Boger said he had not received a copy for the file. Commissioner Russell said a major issue is the actual number of acres in Mr. Bruguiere’s property. In order to meet setback and parking requirements of the Zoning Ordinance, exact measurements are needed. She also noted that the 2005 rezoning request was for a conditional rezoning to allow only the store and a small real estate office in the store building. The current request contains no such conditions. Mr. Bruguiere said the actual measurements would make no difference because the property is already nonconfirming nonconforming, and that the Board of Supervisors suggested the down-zoning to A-1 and no mention was made of attaching conditions. At this time he is requesting a rezoning and a Special Use Permit to bring the store into compliance, without proffers, but did admit that he did not agree with the acreage specified in his deed.

Commissioner Harman stated that in the February meeting Mr. Bruguiere indicated it would be in his best interest to have a survey done and asked why that didn’t transpire. Mr. Bruguiere said he thought he had 60 days in which to get it done, and cost was also a factor. Commission Russell said that the present use of the property does not dictate how it may be used in the future, and Mr. Bruguiere said that if there is a new use, a survey would be submitted.

Commissioner Hunt said she didn’t think the Commission could make an informed decision with without the survey, and Commissioner Russell asked Mr. Bruguiere if he wanted a delay of 30 days to have the survey done. Mr. Bruguiere declined, stating that he didn’t think the survey would make any difference in their decision, and that any new uses would have to be approved by the Planning Commission. Commissioner Russell said that a site plan would have to be submitted for each use, but if uses meet the Zoning Ordinance requirements, only a site plan would be required. Mr. Bruguiere said he understood that any new buildings would have to meet setback requirements.

The public hearing was opened.

Donna Small stated that the Board of Supervisors did suggest a rezoning to A-1, but it was for the A-1 with the store remaining non-conforming.

The public hearing was closed.

Commissioner Russell said she could not support a rezoning without knowing the acreage of the property. Commissioners Harman and Hunt agreed.

Commissioner Russell made a motion to recommend denial of the rezoning application to the Board of Supervisors, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors denial of rezoning application #2007-003 for Curtis Bruguiere to rezone property on Avon Road, Afton, Virginia, Tax Map #7-A-4, from R-1 to A-1 in order to operate a real estate office in a portion of the building known as Anderson’s Store, for the following reasons: Failure to provide in a timely manner information requested by the Planning Commission or to ask for an extension of the 60-day State requirement for Planning Commission action.

Commissioner Harman provided the second, and motion passed 4-0-1, with Supervisor Harvey abstaining.

3.   Conditional Use Permit #2007-002 – Curtis Bruguiere (Continued from February Meeting.)

[In February 2007 Mr. Bruguiere requested a CUP to allow office space to be included with the retail use at Anderson’s Grocery located at 1889 Avon Road, Afton, Tax Map #7-A-4. The CUP was contingent upon approval of Rezoning #2007-003.] Mr. Boger stated that since the CUP approval was contingent upon approval of the rezoning request which failed, the CUP cannot be approved. Mr. Bruguiere agreed.

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

Commissioner Russell made a motion to recommend denial of the CUP, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors denial of Conditional Use Permit #2007-002 for Curtis Bruguiere to allow office space to be included with the retail use at Anderson’s Grocery located at 1889 Avon Road, Afton, Tax Map #7-A-4, for the following reasons: Planning Commission denial of rezoning application #2007-003, the approval of which is required in order to grant this CUP.

Commissioner Harman provided the second, and motion passed 4-0-1, with Supervisor Harvey abstaining.

4. Special Use Permit #2007-001 – Curtis Bruguiere (Continued from February meeting.)

[In February 2007 Mr. Bruguiere requested a SUP to change Anderson’s Grocery from nonconforming to conforming use as a neighborhood convenience store. The store is located at 1889 Avon Road, Afton, Tax Map #7-A-4. The SUP was contingent upon approval of Rezoning #2007-003.] Mr. Boger stated that since the SUP approval was contingent upon approval of the rezoning request which failed, the SUP cannot be approved. Mr. Bruguiere agreed.

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

Commissioner Russell made a motion to recommend denial of the SUP, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors denial of Special Use Permit #2007-001 for Curtis Bruguiere to change Anderson’s Grocery, located at 1889 Avon Road, Afton, (Tax Map #7-A-4) from nonconforming to conforming use as a neighborhood convenience store, for the following reason: Planning Commission’s denial of Rezoning application #2007-003, the approval of which is required in order to grant this SUP.

Commissioner Harman provided the second, and motion passed 4-0-1 with Supervisor Harvey abstaining.

5. Final Subdivision Plat – “The Village at Glen Mary

Mr. Boger reported that Mr. Morris Foster, Land Surveyor, has submitted the final subdivision plat for “The Village” at Glen Mary (Rt. 151 and 664) (Tax Map #31-A-48A) to divide 23.82 acres into 6 parcels, 5 of which will be developed. Parcel 6 will be limited to recreational purposes and drainfields for parcel 3. The proposed lots range in size from 2 to 5.540 acres. Each parcel has frontage on a state highway and 2 entrances are proposed, with the primary entrance from Beech Grove Road (Rt. 664) directing traffic to the central courtyard of the project. The second entrance from Patrick Henry Highway (Rt. 151) is intended for delivery vehicles and apartment residents. The E & S Control Plan has been approved, and soils work has been submitted to the Health Department for review and approval.

Mr. Steve Crandall, owner and developer, stated that the plan hasn’t changed much from the preliminary subdivision plan. The original plan for cobblestone on the interior roads may change due to cost. If so, all roads will be paved asphalt.

Commissioner Russell asked about the maintenance of lot 6, central event park and roads. Mr. Crandall said that different property owners will own part of the parking and association dues will pay maintenance costs. There are several possibilities for the property along Reeds Creek, but the best use is still to be determined. Until it is determined, the road will be maintained by the owner, Mr. Crandall. As properties are sold, the road maintenance will be included in the sale. Mr. Crandall may purchase parcel 3 for use as his office.

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

Commissioner Russell said she was very excited about the project and feels it will be a model for upcoming projects in the County; therefore, it was important to do this subdivision “by the book.”

Commissioner Harman made a motion to recommend approval of the final subdivision, as stated in the following resolution:

The Planning Commission recommends to the Board of Supervisors approval of the final subdivision plat for “The Village” at Glen Mary, developed by Steve Crandall of Verd To Go, located on Rt. 151 and Rt. 664, for 6 commercial parcels ranging in size from 2.00 to 5.540 acres, a portion of Tax Map #31-A-48A.

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

6. Site Plan #2007-003 – “The Village” at Glen Mary

Mr. Boger reported that Mr. Jim Taggart of TCS Engineering has submitted the final site plan for “The Village” at Glen Mary. The concept of the plan is for a cluster mixed use development which has been modified for the immediate future in order to resolve some zoning issues associated with the project. Some uses proposed are not presently permitted in the SE-1 zoning district, and the developer may be submitting a rezoning request for this property in the near future (B-1 conditional). The uses for the project may include retail shops, grocery store, and apartments.

Mr. Boger stated further that each lot has frontage on a State road and required setbacks have been met. Lighting, landscaping, and signage plans need to be submitted for review and approval. VDOT approval of proposed entrances is also required. An engineered foundation may be required for the design of the buildings, due to the possible high water table on this site. Class 1 roads are required.

Steve Crandall, owner and developer, showed pictures of the proposed coffee shop which will be housed in the train depot which has recently been moved from Arrington.

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

Commissioner Russell asked if documentation from FEMA regarding flood plain limits was available for this property and Mr. Boger answered affirmatively.

Commissioner Harman made a motion to approve Site Plan #2007-003, as stated in the following resolution:

The Planning Commission approves Site Plan #2007-003, dated February 23, 2007, revised March 15, 2007, submitted by Mr. Steve Crandall, Verd To Go, for “The Village” at Glen Mary, located on Rt. 151 and 664, identified as Tax Map #31-A-48A, contingent upon approval of lighting, landscaping and signage plans and VDOT approval of entrances.

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

7. Preliminary Subdivision – “River Rock Estates”

Mr. Boger reported that Mr. Massie Saunders, Surveyor, has submitted a preliminary plat for Dream Land of Virginia, LLC, for a subdivision to be known as “River Rock Estates, which divides 99.8 acres on the east side of Tye River Toad into 9 lots ranging in size from 5.3 to 21.0 acres (Tax Map #91-A-6). An E & S Control Plan will be required for the final plat. Preliminary soils work has been done for the site and Central Virginia Electric is on site and should be contacted regarding easements.

Mr. Saunders said that VDOT has approved the entrance. There is one pipe stem lot and a 50’ right-of-way has been reserved.

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

Commissioner Russell asked about retention of trees and Mr. Saunders said there would be a buffer zone along the river and he is confident the developer will retain sufficient trees.

Commissioner Russell made a motion to approve the preliminary subdivision plat, as stated in the following resolution:

The Planning Commission approves the preliminary subdivision plat dated February 5, 2007 for “River Rock Estates,” developed by Dream Land of Virginia, LLC, to divide 99.8 acres into 9 lots on property located on Tye River Road, a portion of Tax Map #92-A-6.

Mr. Harman provided the second, and motion passed 5-0.

8. Site Plan #2007-007 – Veritas Vineyards

Mr. Boger reported that Mrs. Patricia Hodson has submitted a site plan for the Veritas Winery located at 60 Veritas Lane, Afton (Tax Map #3-A-154A), for remodeling of the winery facility for wine accessory uses. The site plan shows there are no structural expansions proposed; however, there will be a visitor’s overflow parking area which will require an erosion control plan. Paperwork for the Health Department has been submitted. The applicant will be applying for a restaurant CUP, but this application is for the building only. The applicants have a successful business now which uses catering services, and wish to enlarge the business to cover special events which require food services.

Supervisors Harvey questioned whether the site plan, as submitted, is adequate and Mr. Boger said there are no specifications in the ordinance that the site plan must be done by an engineer. Commissioner Russell pointed out that there are roads surrounding the building, as well as dumpsters, etc., that are not shown on the present site plan.

Mrs. Hodson stated their building is not a restaurant and they don’t want to be a restaurant, but they understand that the CUP is necessary for compliance. Tom Worby, AOSE, is reviewing the septic field requirements for a commercial kitchen licensed to cater. Their clientele consists of visitors who are in and out and guests who are there for special events. Overflow parking will be available with a visual barrier and sound barrier of trees between that area and the adjacent properties.

Mr. Hodson wanted to make it clear to the Commission that this is not for a restaurant; rather, a commercial kitchen. There is great demand for special events at the winery and they want to be incompliance while functioning as a farm winery only.

The public hearing was opened.

Kirk Schroder owns property adjacent to the overflow parking area. He said the Hodsons are good neighbors and he is not objecting to the changes they are proposing. He is concerned, however, about noise and lighting will be handled and asked that conditions be placed regarding these items.

Rich Evans of Elk Mountain Road makes wine at Veritas with grapes from his vineyard. He supports their application and also questions the necessity of a restaurant classification since they will not be conducting a walk-in business with menu and other restaurant services.

The public hearing was closed.

Commissioner Russell said that the ordinance defines restaurant as: “Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including among other establishments, cafes, tea rooms, confectionery shops, or refreshment stands.” The site plan only is being considered at this meeting.

Commissioner Hunt asked if the applicant would be willing to submit a more detailed site plan and Mrs. Hodson said she would. Mr. Boger said he thought it would be appropriate to consider the site plan along with the CUP application for the restaurant, which is scheduled for the April PC meeting. Drain fields need to be shown on site plans, as well as all outbuildings, etc.

Commissioner Russell made a motion to defer a decision on Site Plan #2007-007 for Veritas Vineyards and requested that a more detailed site plan be submitted for the April meeting, consulting with the Planning Director if necessary. If additional time is needed to prepare the site plan, it will be granted. Commissioner Harman provided the second, and motion passed 5-0.

9. Amendment to Site Plans #94-13 & 14 – Synchronicity Foundation, Inc.

Mr. Boger reported that Steven L. Key, Land Surveyor representing Synchronicity Foundation, Inc. has submitted an amendment to previous site plans to permit construction of a new 1800 sq. ft. 2-story building with attached garage on their property located on Adial Road, Tax Map #33-1-1. An E & S Control Plan has been submitted and is awaiting review and soils work has been done and submitted to the Health Department.

Mr. Boger stated that two property owners on Adial Road have inquired about whether the additions will be visible and expressed concern about the noise, i.e. chanting which is transmitted over loud speakers.

Kristyn Noeth and Steven Key were available to answer questions regarding the site plan amendment.

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

Mr. Harman made a motion to approve the amendment of Site Plans #94.13 & 14, as stated in the following resolution:

The Planning Commission approves Amendment to Site Plans #94-13 & 14, dated February 14, 2007, revised February 28, 2007, submitted by Mr. Steve Key on behalf of Synchronicity Foundation, Inc. for a proposed guest cottage and driveway on property located on Adial Road, Tax Map #33-1-1, contingent upon E & S Control Plan approval.

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

Other Business

Mr. Boger reported that on March 19, 2007 the Board of Supervisors adopted a resolution asking the PC to recommend amendments to the Zoning Ordinance relating to wine tasting uses within 30 days of its March meeting . A BOS public hearing on this amendment will be held in May; consequently, the Planning Commission needs to hold a public hearing in April. Commissioner Hunt suggested a work session which would need to be done on Thursday since the public ad goes out on Friday, March 30.

Commissioner Russell expressed concern over whether the Commission can limit the tasting rooms to Nelson County wines. This can be discussed further at the public hearing. Mr. Boger was asked to discuss this issue with Mr. Payne.

Commissioner Russell stated she would like to see this amendment submitted as Definitions, with listings in the appropriate zoning districts. Further, she doesn’t think other uses (antique sales, etc.) should be accessory uses to a wine tasting room. Supervisor Harvey agreed, saying that it didn’t seem like a good fit. The amendment can be advertised as is, and portions can be removed after the public hearing (but not added).

Commissioner Russell suggested adding these uses in SE-1 and B-1. For example, Class I as by right in A-1, with Class II and III by Special Use Permit in A-1, SE-1, and B-1.

Commissioner Russell made a motion to authorize the Planning Director to advertise the proposed amendment for Sections 4-1 and 4-1-b of the Zoning Ordinance relative to uses permitted by right in A-1 and by SUP in A-1, SE-1, and B-1 zoning districts. Commissioner Harman provided the second, and motion passed 5-0.

Board of Supervisor liaison report – Tommy Harvey

Mr. Harvey was unable to attend the March BOS meeting.

Adjournment

At 9:30 o’clock P. M., Commissioner Russell made a motion to adjourn. Commissioner Harman provided the second, and motion passed 5-0.

Next meeting:
April 25, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
RECOMMENDING DENIAL OF
REZONING APPLICATION #2007-003 FOR
CURTIS BRUGUIERE

WHEREAS, Curtis Bruguiere has filed an application to rezone property at 1897/1889 Avon Road, Afton, Virginia, from Residential, R-1 to Agricultural, A-1 in order to operate a real estate office in a portion of the convenience store known as Anderson’s Grocery, Tax Map #7-A-4; 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 February 8 and 15, 2007; and

WHEREAS, on February 12, 2007, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on February 28, 2007, the Nelson County Planning Commission held the required public hearing on said rezoning application, at which time questions were raised regarding the size of the property to be rezoned and the location of property lines; and

WHEREAS, on February 28, 2007 the Nelson County Planning Commission asked the applicant to provide a current survey and deferred a decision until its regularly scheduled meeting on March 28, 2007;

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

The Planning Commission recommends to the Board of Supervisors denial of rezoning application #2007-003 for Curtis Bruguiere to rezone property on Avon Road, Afton, Virginia, Tax Map #7-A-4, from R-1 to A-1 in order to operate a real estate office in a portion of the building known as Anderson’s Store, for the following reasons: Failure to provide in a timely manner information requested by the Planning Commission or to ask for an extension of the 60-day State requirement for Planning Commission action.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   4-0 (Tommy Harvey abstaining)


APPROVED: __________________________
                                   VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary
DATE:     March 28, 2007

A RESOLUTION
TO RECOMMEND DENIAL OF CONDITIONAL USE PERMIT #2007-002 FOR
CURTIS BRUGUIERE

WHEREAS, Mr. Curtis Bruguiere has filed an application for Conditional Use Permit #2007-002 to allow office space to be included with the retail use at Anderson’s Grocery located at 1889 Avon Road, Afton, Tax Map#7-A-4; and

WHEREAS, a notice of Public Hearing for the review of the Conditional Use Permit by the Nelson County Planning Commission was published in the Nelson County Times on February 8 and 15, 2007; and

WHEREAS, on February 12, 2007, adjoining property owners in Nelson County were notified of the public hearing on this application; and

WHEREAS, on February 28, the Nelson County Planning Commission held the required public hearing on said Conditional Use Permit; and

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

The Planning Commission recommends to the Board of Supervisors denial of Conditional Use Permit #2007-002 for Curtis Bruguiere to allow office space to be included with the retail use at Anderson’s Grocery located at 1889 Avon Road, Afton, Tax Map #7-A-4, for the following reasons: Planning Commission denial of rezoning application #2007-003, the approval of which is required in order to grant this CUP.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   4-0 (Tommy Harvey abstaining)

APPROVED: __________________________
                                   VICE CHAIR

ATTEST: ______________________________

Planning Commission Secretary
DATE:     March 28, 2007


A RESOLUTION
TO RECOMMEND DENIAL OF SPECIAL USE PERMIT #2007-001 FOR
CURTIS BRUGUIERE

WHEREAS, Mr. Curtis Bruguiere has filed an application for Special Use Permit #2007-001 to change Anderson’s Grocery from nonconforming to conforming use as a neighborhood convenience store. The store is located 1889 Avon Road, Afton, Tax Map#7-A-4; and

WHEREAS, a notice of Public Hearing for the review Special Use Permit application by the Nelson County Planning Commission was published in the Nelson County Times on February 8 and 15, 2007; and

WHEREAS, on February 12, 2007, adjoining property owners in Nelson County were notified of the public hearing on this application; and

WHEREAS, on February 28, the Nelson County Planning Commission held the required public hearing on said Special Use Permit; and

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

The Planning Commission recommends to the Board of Supervisors denial of Special Use Permit #2007-001 for Curtis Bruguiere to change Anderson’s Grocery, located at 1889 Avon Road, Afton, (Tax Map #7-A-4) from nonconforming to conforming use as a neighborhood convenience store, for the following reason: Planning Commission’s denial of Rezoning application #2007-003, the approval of which is required in order to grant this SUP.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   4-0-1 (Tommy Harvey abstaining)


APPROVED: __________________________
                                   VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary                       DATE:     March 28, 2007

A RESOLUTION
RECOMMENDING APPROVAL OF
FINAL SUBDIVISION PLAT FOR
“THE VILLAGE” AT GLEN MARY

WHEREAS, Steve Crandall of Verd To Go is requesting approval of a final subdivision plat for “The Village” at Glen Mary, for 6 commercial parcels located on Patrick Henry Highway (Rt. 151) and Beech Grove Road (Rt. 664), ranging in size from 2.00 to 5.540 acres, and identified as a portion of Tax Map #31-A-48A; 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 March 8 and 15, 2007; and

WHEREAS, on March 12, 2007, adjoining property owners were notified of the public hearing on this final plat; and

WHEREAS, on March 28, 2007, 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 for “The Village” at Glen Mary, developed by Steve Crandall of Verd To Go, located on Rt. 151 and Rt. 664, for 6 commercial parcels ranging in size from 2.00 to 5.540 acres, a portion of Tax Map #31-A-48A.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed:   5-0

APPROVED: __________________________
                                   VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary                       DATE:     March 28, 2007


A RESOLUTION
APPROVING THE
PRELIMINARY SUBDIVISION PLAT FOR
“RIVER ROCK ESTATES”

WHEREAS, Massie Saunders, Surveyor, has submitted a preliminary subdivision plat on behalf of Dream Land of Virginia, LLC, to divide 99.8 acres into 9 lots ranging in size from 5.3 to 21.0 acres, located on Tye River Road (Rt. 657) and identified as a portion of Tax Map #92-A-6; 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 March 8 and 15, 2007; and

WHEREAS, on March 12, 2007, adjoining property owners were notified of the public hearing on this preliminary plat; and

WHEREAS, on March 28, 2007, the Nelson County Planning Commission held the required public hearing on said preliminary plat; and

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

The Planning Commission approves the preliminary subdivision plat dated February 5, 2007 for “River Rock Estates,” developed by Dream Land of Virginia, LLC, to divide 99.8 acres into 9 lots on property located on Tye River Road, a portion of Tax Map #92-A-6.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0

APPROVED: __________________________
                                   VICE CHAIR
ATTEST: ______________________________
Planning Commission Secretary                       DATE:     March 28, 2007


A RESOLUTION
APPROVING AMENDMENT TO
SITE PLANS #94-13 & 14 FOR
SYNCHRONICITY FOUNDATION, INC.

WHEREAS, Mr. Steve Key, Land Surveyor, has submitted a site plan amendment for Synchronicity Foundation, Inc. for a proposed guest cottage and driveway located on Adial Road, Tax Map #33-1-1; and

WHEREAS, a notice of Public Hearing for the review of the site plan by the Nelson County Planning Commission was published in the Nelson County Times on March 8 and 15, 2007; and

WHEREAS, on March 13, 2007, adjoining property owners were notified of the public hearing on this site plan; and

WHEREAS, on March 28, 2007, the Nelson County Planning Commission held the required public hearing on said site plan; and

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

The Planning Commission approves Amendment to Site Plans #94-13 & 14, dated February 14, 2007, revised February 28, 2007, submitted by Mr. Steve Key on behalf of Synchronicity Foundation, Inc. for a proposed guest cottage and driveway on property located on Adial Road, Tax Map #33-1-1, contingent upon E & S Control Plan approval.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed:   5-0

APPROVED: __________________________
                                   VICE CHAIR

ATTEST: ______________________________
Planning Commission Secretary
DATE:     March 28, 2007


AN ORDINANCE TO AMEND SECTIONS 4-1 AND 4-1-b
OF THE CODE OF THE COUNTY OF NELSON, 1989, THE    AMENDED SECTIONS RELATING TO USES PERMITTED
BY RIGHT AND BY SPECIAL USE PERMIT
IN AN AGRICULTURAL DISTRICT, (A-1)

BE IT ORDAINED BY THE NELSON COUNTY BOARD OF SUPERVISORS:

1. That Section 4-1 of The Code of the County of Nelson, 1989, be amended to include the following use as one of the “Uses - Permitted by right”:

4-1-23   Wine Tasting Room (Class I): A facility in which wine products    grown or processed on the owner’s property may be tasted and sold. The facility must be operated in association with an existing vineyard located in Nelson County and on the same property, or multiple adjoining properties in same ownership.

2. That Section 4-1-b of The Code of the County of Nelson, 1989, be amended to include the following uses as “Uses – Permitted by a special permit only”:

4-1-15b   Wine Tasting Room (Class II): A facility located either on or off-site in which wine products may be tasted and sold. Accessory uses permitted with this facility include antique sales, craft and gift shop, the serving of light snacks, i.e. cheese, crackers, peanuts or similar. The facility must be operated in association with an existing vineyard located in Nelson County.

4-1-16b   Wine Tasting Room (Class III): A facility located either on or off site in which wine products may be tasted and sold. Accessory uses permitted with this facility include antique sales, craft and gift shop, meeting rooms, dining and catering facilities, and a restaurant. The facility must be operated in association with an existing vineyard located in Nelson County.

3. That this Ordinance shall become effective upon its passage.