Planning: May 23, 2007

May 23, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
May 23, 2007

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

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. She announced that one advertised item for Otha Ragland and Betty Parrish had been withdrawn and another for Riley Jones has been postponed.

Approval of Minutes: Vice Chair Hunt made a motion to approve minutes from the regular April 25, 2007 regular meeting. Commissioner Harman provided the second, and motion passed 4-0 with Commissioner Russell abstaining.

1.   Site Plan #2007-008 – Nelson County Farm Bureau

Mr. Boger reported that Mr. Massie Saunders, Land Surveyor representing Nelson County Farm Bureau, has submitted a site plan for location and construction of a new office building with parking areas on 1.630 acres located at 978 Front Street, Lovingston, Tax Map #58B-A-1. The E & S Control Plan has been submitted to Thomas Jefferson Soil & Water Conservation District. Mr. Boger said that the sign design originally submitted did not seem to be appropriate for the Lovingston Historic District; however, there are no design standards for signage in a designated historic district. The lighted sign will be turned off at 9:00 P. M. and the size meets ordinance standards. There have been drainage problems with the lot which should be addressed in the E & S Plan. Staff recommends approval.

Mr. Saunders presented a landscape design, screening plan for the parking area, lighting specifications, and a sign design. He added that VDOT has approved the entrance design, the Army Corps of Engineers has determined that the building will have no impact on the stream running through the property, landscaping will be done by Saunders Landscaping, the sign lighting will be timed as discussed by Mr. Boger, and the parking lot at the rear will be screened with evergreens.

The public hearing was opened.

Mr. Hughes Swain, Nelson County Farm Bureau President, pointed out that the sign design presented is a generic Farm Bureau sign and that “Nelson County” will be added to the permanent sign.

The public hearing was closed.

Commissioner Russell made a motion to approve the Site Plan as stated in the following resolution:
The Planning Commission approves Site Plan #2007-008 dated February 13, 2007, revised May 16 and May 18, 2007, for Nelson County Farm Bureau, Inc. for a new office building to be located on 1.630 acres on Front Street, Lovingston, Tax Map #58B-A-1, subject to E & S final approval and a final sign plan for the project file.

Commissioner Harman provided the second, and motion passed 4-1, with Commissioner Hunt voting “no.” She stated that too much new information was presented at the meeting to allow time for proper review.

Chair Proulx commented that she wished the sign were more in keeping with the historic district.

2.   Exception to Setback Requirements – Allen Yoho

Mr. Boger reported that Mr. Yoho applied for a building permit to construct additions to an existing building at 299 Lakeland Lane (Tax Map #33-9-21), Lakeland Subdivision, Faber, Virginia. The recorded subdivision plat for this subdivision requires a 100’ setback from the centerline of Lakeland Lane, and the proposed additions and the existing structure encroach into this setback. Consequently, Mr. Yoho is requesting an exception to the setback requirements of the subdivision. The Lakeland Property Owners Association has approved the remodeling plans and waived the 100’ setback requirement of their covenants; however, County approval is also required for any changes in the setbacks. Mr. Boger stated that the existing location of the building and the topographical condition of this site would cause an unnecessary hardship if the proposed addition has to be moved 100’ from the centerline of Lakeland Lane. Mr. Yoho was present to answer questions.

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

Commissioner Harman made a motion to recommend approval of the exception as stated in the following resolution:
The Planning Commission recommends to the Board of Supervisors approval of an exception to Section 7-1 – Exception – of the Subdivision Ordinance to permit an addition to be placed on an existing home located at 299 Lakeland Lane, Lot 21, Faber, Virginia, Tax Map #33-9-21, which requires a breach of the 100 ft. front setback requirement for the Lakeland Subdivision.

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

3.   Final Subdivision – “Fernside”

Mr. Boger reported that Gillies Rodgers has submitted the final subdivision plat for “Fernside,” located north of the intersection of James River Road and Deer Run Lane (Tax Map #69-3-3), to divide 35.86 acres into 8 lots. A new road will be constructed to provide access to the lots. The preliminary subdivision plat was approved by the Planning Commission on June 28, 2006. The E & S Control Plan has been received by the Thomas Jefferson Soil and Water Conservation District, Nora Iseli of the Army Corps of Engineers has indicated that a permit will be issued when access to any lot requires crossing the stream, no dry hydrant is required, and Health Department approval has been received. The entrance has been approved by VDOT.

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

Commissioner Russell 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 for “Fernside” located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3, dividing 35.86 acres into 8 lots, as shown on the plat titled “Parcels 1 thru 8 FERNSIDE” dated February 26, 2007, revised May 11, 2007, subject to final E & S approval.

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

4.   Other Business

Discussion of Zoning Ordinance Amendment for Wine Tasting Rooms

Chair Proulx stated the Board of Supervisors decided to return the amendments to the Planning Commission for further review and recommendations. Mr. Boger presented another option for the proposed amendment and changes were made as follows (see bold, underlined portions and strikethroughs):

(Another Option)

AN ORDINANCE TO AMEND ARTICLE 2; ARTICLE 4, SECTION 4-1;
ARTICLE 8, SECTION 8-1; AND ARTICLE 8B, SECTION 8B-1
OF THE CODE OF THE COUNTY OF NELSON, 1989,
THE AMENDED SECTIONS RELATING TO DEFINITIONS USES PERMITTED BY RIGHT AND BY SPECIAL USE PERMIT IN AGRICULTURAL, BUSINESS, AND SERVICE ENTERPRISE DISTRICTS.

BE IT ORDAINED BY THE NELSON COUNTY BOARD OF SUPERVISORS:

1.   That Article 2 of The Code of the County of Nelson, 1989, is amended to include the following definitions:

“Farm winery” means an establishment as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on premise consumption and in closed containers for off-premise consumption. The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery without regulation. Other food served on site shall be prepared at a food establishment licensed as necessary by the Virginia Department of Health and in compliance with State building code requirements. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery without regulation.

“Farm winery permanent remote retail establishment” means a permanent retail establishment located off of the farm winery premise but associated with a farm winery as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on premise consumption and in closed containers for off-premise consumption.   The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery permanent remote retail establishment without regulation. Other food served on site shall be prepared at a food establishment licensed as necessary by the Virginia Department of Health and in compliance with State building code requirements. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery permanent remote retail establishment without regulation.

2.   That Article 4, Section 4-1 (Agricultural District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by right”:

Farm winery

3.   That Article 4, Section 4-1-b (Agricultural District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by Special Use Permit only”.

Farm winery permanent remote retail establishment

4.   That Article 8, Section 8-1 (Business District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery

5. 4.   That Article 8, Section 8-1-b (Business District) of The Code of the County of Nelson,    1989, is amended to include the following use as one of the “Uses – Permitted by    Special Use Permit only”:

Farm winery permanent remote retail establishment

5.   That Article 8B, Section 8B-1 (Service Enterprise District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery

7. 5.   That Article 8B, Section 8B-1-a (Service Enterprise-1 District) of The Code of the    County of Nelson, 1989, is amended to include the following use as one of the “Uses    – Permitted by Special Use Permit only”:

Farm winery permanent remote retail establishment

8. 6.   That this Ordinance shall become effective upon its passage.

It was agreed that Mr. Boger would make these changes and return the document to the Planning Commission for review.

Board of Supervisor Liaison Report – Tommy Harvey

The zoning ordinance and subdivision ordinance amendments were adopted by the Board on May 21, 2007 to be effective June 1, 2007.

Mrs. Dolores Truesdale has resigned from the Planning Commission and a new Commissioner could be appointed by next month’s meeting.

Other

Commissioner Russell pointed out that the Comprehensive Plan needs to be amended because of the zone change approved for Glen Mary Village.

Adjournment

At 9:00 Commissioner Hunt made a motion to adjourn and motion passed by consensus.

Next Meeting: June 27, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
APPROVING SITE PLAN #2007-008

WHEREAS, Nelson County Farm Bureau, Inc. has submitted a site plan for a new office building to be located on 1.630 acres on Front Street, Lovingston, Tax Map #58B-A-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 May 3 and 10, 2007; and

WHEREAS, on May 7, 2007 adjoining property owners were notified of the public hearing on this site plan; and

WHEREAS, on May 23, 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 Site Plan #2007-008 dated February 13, 2007, revised May 16 and May 18, 2007, for Nelson County Farm Bureau, Inc. for a new office building to be located on 1.630 acres on Front Street, Lovingston, Tax Map #58B-A-1, subject to E & S final approval and a final sign plan for the project file.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   4-1 – Emily Hunt voting No

                       APPROVED: __________________________
                                       CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     May 23, 2007

A RESOLUTION
RECOMMENDING APPROVAL OF
EXCEPTION TO SETBACK REQUIREMENTS

WHEREAS, Allen Yoho has requested approval of an exception to Section 7-1 – Exception – of the Subdivision Ordinance to permit an addition to be placed on an existing home located at 299 Lakeland Lane, Lot 21, Faber, Virginia, Tax Map #33-9-21, which would require a breach of the 100 ft. front setback requirement for the Lakeland Subdivision; and

WHEREAS, a notice of Public Hearing for the review of the exception application by the Nelson County Planning Commission was published in the Nelson County Times on May 3 and 10, 2007; and

WHEREAS, on May 8, 2007 adjoining property owners were notified of the public hearing on this exception application; and

WHEREAS, on May 23, 2007 the Nelson County Planning Commission held the required public hearing on said exception application; 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 an exception to Section 7-1 – Exception – of the Subdivision Ordinance to permit an addition to be placed on an existing home located at 299 Lakeland Lane, Lot 21, Faber, Virginia, Tax Map #33-9-21, which requires a breach of the 100 ft. front setback requirement for the Lakeland Subdivision.

Motion made by Commissioner: Michael Harman

Motion seconded by Commissioner: Linda Russell

Motion Passed:   5-0
APPROVED: __________________________
                                           CHAIR


ATTEST: ______________________________

Planning Commission Secretary                                                           DATE:     May 23, 2007


A RESOLUTION
RECOMMENDING APPROVAL OF FINAL SUBDIVISION PLAT
FOR “FERNSIDE”

WHEREAS, Gillies P. Rodgers has requested approval of a final subdivision plat for “Fernside,” a division of 35.86 acres to be divided into 8 lots ranging in size from 2.6 acres to 10.7 acres, located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3; and

WHEREAS, a notice of Public Hearing for the review of the final subdivision plat by the Nelson County Planning Commission was published in the Nelson County Times on May 3 and 10, 2007; and

WHEREAS, on May 7, 2007 adjoining property owners were notified of the public hearing on this final subdivision plat; and

WHEREAS, on May 23, 2007 the Nelson County Planning Commission held the required public hearing on said final subdivision 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 “Fernside” located on James River Road and Deer Run Lane, identified as Tax Map #69-3-3, dividing 35.86 acres into 8 lots, as shown on the plat titled “Parcels 1 thru 8 FERNSIDE” dated February 26, 2007, revised May 11, 2007, subject to final E & S approval.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0
APPROVED: __________________________
                                           CHAIR


ATTEST: ______________________________

Planning Commission Secretary                                                           DATE:     May 23, 2007


(Another Option)

AN ORDINANCE TO AMEND ARTICLE 2; ARTICLE 4, SECTION 4-1; ARTICLE 8, SECTION 8-1; AND ARTICLE 8B, SECTION 8B-1
OF THE CODE OF THE COUNTY OF NELSON, 1989,
THE AMENDED SECTIONS RELATING TO DEFINITIONS USES PERMITTED BY RIGHT AND BY SPECIAL USE PERMIT IN AGRICULTURAL, BUSINESS, AND SERVICE ENTERPRISE DISTRICTS.

BE IT ORDAINED BY THE NELSON COUNTY BOARD OF SUPERVISORS:

6.   That Article 2 of The Code of the County of Nelson, 1989, is amended to include the following definitions:

“Farm winery” means an establishment as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on premise consumption and in closed containers for off-premise consumption. The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery without regulation. Other food served on site shall be prepared at a food establishment licensed as necessary by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery without regulation.

“Farm winery permanent remote retail establishment” means a permanent retail establishment located off of the farm winery premise but associated with a farm winery as defined in Va. Code §4.1-100 and licensed by the Commonwealth pursuant to Va. Code §4.1-207 where wine may be sold for on premise consumption and in closed containers for off-premise consumption.   The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery permanent remote retail establishment without regulation. Other food served on site shall be prepared at a food establishment licensed as necessary by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery permanent remote retail establishment without regulation.

7.   That Article 4, Section 4-1 (Agricultural District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by right”:

Farm winery

8.   That Article 4, Section 4-1 of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery permanent remote retail establishment

9.   That Article 8, Section 8-1 (Business District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery

10.   That Article 8, Section 8-1 of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by _____________”:

Farm winery permanent remote retail establishment

11.   That Article 8B, Section 8B-1 (Service Enterprise District) of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery

12.   That Article 8B, Section 8B-1 of The Code of the County of Nelson, 1989, is amended to include the following use as one of the “Uses – Permitted by ______________”:

Farm winery permanent remote retail establishment

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