Planning: November 28, 2007

November 28, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
November 28, 2007

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Harman, Michael Tapager 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.

Approval of Minutes: Commissioner Russell made a motion to approve minutes from the October 24, 2007 meeting. Commissioner Tapager provided the second, and motion passed 5-0.

Site Plan Approval – Region Ten Nelson Counseling Center

Mr. Boger reported that the Region Ten Community Services Board, Inc., represented by Gregg Donovan of Sheeran Architects, has submitted the final site plan for Region Ten Nelson Counseling Center to be constructed on a lot adjacent to the Horizon House located at 83 Tanbark Plaza, Lovingston, Virginia, Tax Map #58-A-35A. The proposed building will be three stories high with a maximum height of 30 feet. No additional parking spaces are needed and the power line will be relocated. At this time, there has been no confirmation from Ms. Alyson Sappington of TJS&WD that the E & S Control Plan has been received. Otherwise, the plan could be approved subject to E & S approval. The most recent plan showing landscaping around the retention pond and the lighting plan was distributed to the Commissioners at the meeting.

Mr. Donovan of Sheeran Architects, displayed a large drawing of the site plan and stated that the retention pond will be surrounded by 36” high fence landscaped with shrubs. The pond itself is 3’ below parking lot level and the intent is to plant shrubs and trees as shown on the plan. The new building will be 3 stories in height with brick and stone exterior. The lighting will be mostly canopy lighting on the building itself. The propane tank will remain in the present location, but a fire hydrant will be relocated to the parking area.

Mr. Donovan stated further that the E & S Control Plan was delivered to Ms. Sappington on November 26, 2007 with additional information being taken to her on November 27. It was his understanding that Ms. Sappington had notified the Planning Department that she had received the plan; however, there is no copy in the file. Chair Proulx said that past practice has been to have written confirmation of receipt prior to the Planning Commission approval. Mr. Donovan agreed to provide the confirmation the next day (Wednesday). Mr. Donovan stated that they plan to break ground on this project in early January.

The public hearing was opened.
Mr. Massie Saunders said that the Commission should pay close attention to impact that a the three-story building may have on the downtown Lovingston area and that it will set the tone for future building in the area.

The public hearing was closed.

In response to Mr. Saunders’ comments, Mr. Boger explained that the proposed building meets the height requirements and there are no design standards in the ordinance.

Commissioner Harman addressed the PC’s required confirmation of receipt of E & S Plan and Supervisor Harvey pointed out that this has no effect on approval since the entire site plan can only be approved after E & S approval.

Commissioner Russell made a motion to approve the site plan, with conditions, as stated in the following resolution:

The Planning Commission approves Site Plan #2007-010 for Region Ten Counseling Center to be located in Tanbark Plaza, Lovingston, Virginia, Tax Map #58-A-35A, plan drawn by Sheeran Architects, dated April 2, 2007 and revised November 28, 2007. The Site Plan approval is contingent upon approval of the final E & S Plan and is also contingent upon receipt by the Planning Director of confirmation that Ms. Sappington (of Thomas Jefferson Soil & Water Conservation District) has received the proposed E & S Plan. This confirmation must be received by the Planning Director within 24 hours of this meeting.

Supervisor Harvey provided the second, and motion passed 5-0.

Exception #5 – Gilbert Giles

Mr. Boger reported that Mr. Giles has submitted a subdivision plat dividing 22.134 acres into two parcels. The property is located on Horseshoe Road, Arrington, Virginia, Tax Map #66-A-82. Parcel one, 2.067 acres, contains an existing dwelling with a drainfield that was approved by the Health Department on July 22, 1997. Parcel two, 20.067 acres, is being divided for sale to an adjoining property owner. The Planning Director is unable to approve this subdivision for the following reasons:
1)    Parcel one does not comply with Section 4-4-D of the Subdivision Ordinance, Individual Septic Systems,” because it does not have the required 100% reserve area for the existing septic system.
2)    Parcel two does not comply with Section 4-4-D of the Subdivision Ordinance, “Individual Septic Systems,” because the required soils work has not been submitted to the Health Department for approval.

Consequently, Mr. Giles is requesting the following exceptions from the Board of Supervisors:
1)    Since parcel one has an approved septic system, an exception to the required 100% reserve area is being requested.
2)    An exception is being requested to requiring the soils work, identifying a drainfield, and identifying a 100% reserve area. At this time the potential buyer stated he does not plan on developing the property. If the site is developed in the future, the septic site located now might not be used due to configuration of the proposed lots, resulting in a loss of money spent on soils work and surveying.

Mr. Boger stated that exceptions to the Subdivision Ordinance can only be granted by the Board of Supervisors. This issue has triggered possible revisions to the Subdivision Ordinance which will be discussed later in this meeting. This project has been in stages of preparation for several months and has involved discussions with the surveyor Mr. Massie Saunders and the County Attorney.

Mr. Saunders, representing Mr. Giles, said that the amount of reserve drainfield on the 2.067 acres is unknown, though the septic system was installed in 1997.   An adjoining property owner, Mr. Joe Clark, is purchasing the property in order to prevent it from being developed. If he decides to develop it at a later date, all requirements of the Zoning and Subdivision Ordinances must be met.

Chair Proulx and Commissioner Russell stated that if Mr. Clark chose to purchase the 22-acre piece and add it to his existing parcel by a boundary adjustment, no soils work would be required. Mr. Saunders said that a boundary adjustment was considered between Mr. Clark’s present property and the proposed 20.067 acres; however, this was not a feasible option because the Zoning Ordinance Section 4-2-1 provides that “no division or adjustment of boundary lines or any other reconfiguration of a parcel shall increase the number of parcels which may be created.” Consequently, a few division rights would be lost should Mr. Clark decide to develop the property in the future.

In addition, Mr. Saunders stated that the location of a drainfield on this property would be money wasted since there is no plan at this time to develop the property. He pointed out that the Health Department requirement (State) requires a 50% reserve drainfield area on all lots but requires a new subdivision plat to contain a statement that the County does not guarantee water and onsite septic systems on every lot. However, the Subdivision Ordinance requires not only 100% reserve, but also that the location of both the septic system and well be shown on the plat. Mr. Boger said the 100% reserve requirement has been in the ordinance since 1993.

Mr. Giles was present at the meeting.

The public hearing was opened.

Mr. B. J. Clark stated that he began negotiations in April, 2007 to buy the 20.067 acres, which joins property he owns now. The new ordinance amendments were passed before the sale could be completed. He feels he should not be required to locate a septic site on a lot he doesn’t plan to build on.

The public hearing was closed.

Mr. Boger stated that the reason for the 100% reserve drainfield requirement is based on the assumption that all septic systems will fail at some time in the future.

Mr. Giles’ options include: (1) waiting until amendments to the Subdivision Ordinance currently under review are approved (perhaps 3-4 months); or (2) continuing his request for an exception. Mr. Clark, the potential buyer, has the following options: (1) getting a boundary adjustment which would not require locating a drainfield; (2) waiting for approval of amendments under review; or (3) continuing his request for an exception.

Chair Proulx asked for a motion. None was forthcoming. Chair Proulx stated that the Commission is not required to make a recommendation on this exception and therefore, none will be made. A draft of the discussion of this application will be provided to the Board in preparation for the December 11 meeting.

Class II Communications Tower – Verizon Wireless – Shady Lane Site

Mr. Boger reported that Verizon Wireless, represented by Ms. Lori Schweller, Attorney, is requesting approval of a Class II Communications Tower permit to erect a 94’ metal monopole tower with a 1’ lightning rod, for a total height of 95’. The tower will be located on property owned by Mr. and Mrs. W. Carlton Mattox and is near 29 Whispering Pines Drive. The application is complete and meets the requirements of Article 20 of the County’s Zoning Ordinance.

In addition, Mr. Boger stated, Verizon Wireless is requesting the following three exceptions to Article 20:
1)    Pursuant to Section 20-7-5k, Landscaping, and Section 20-7-5k (2) a waiver of Section 20-7-5k (1), for the required landscaped strip of at least 4’ wide outside the perimeter of the facilities. The natural tree cover and existing vegetation provides screening from the adjacent property.
2)    Pursuant to Section 20-9, Security, a reduction of the required security from the total cost of construction down to $35,000. This provision cannot be waived by the Planning Director, Planning Commission or Board of Supervisors. In order to grant such a waiver, the Zoning Ordinance would have to be amended. Considerable discussion of this requirement was held by the Communication Tower Committee, and it was determined that it would cost at least the total amount of the construction cost to remove the tower, equipment, shed, etc. and restore the site. In fact, the total amount of the construction cost should be increased to include the estimated legal costs to obtain permission from the Court to go on the site to remove the tower, if such an action should become necessary.
3)    Pursuant to Section 20-13, Special Exception, a reduction in the required 118.75’ setback radius from the southern boundary of the property to approximately 50’. The proposed tower will be designed to collapse within the property line of the lease site. Any debris or ice from the tower will fall within the lease area because there are no guy wires required for this tower. The Planning Commission should make a recommendation to the Board of Supervisors whether to approve or deny this exception.

Mr. Boger stated further that a balloon test has been done and there is virtually no visual impact on the surrounding area. This will be the first metal monopole in Nelson County and has the capability of being raised as tree heights increase. The monopole also allows for possible co-providers to use the pole. (It was noted that this exception was not advertised for December for the Board of Supervisors; however, it will be advertised for the January BOS meeting.)

Verizon Wireless was represented by Ms. Lori Schweller, Attorney at Law with LeClair Ryan, Julian Pedini, Zoning Manager, Vincent Crute, Construction Manager, and property owners W. Carlton and Carolyn Mattox. Ms. Schweller stated that the site has minimal visual impact to surrounding areas. She explained the need for the waivers and explained that the monopole will be used to reduce the effects of wind damage. Ms. Schweller showed pictures of wooden vs. metal monopoles to show that they are very similar in size, color and shape. The proposed metal pole will be painted dark brown.

Mr. Boger suggested that the Commission approve the permit, with the requested exception (landscaping), and recommend to the Board of Supervisors approval of the reduction of setback requirements.

Mr. Crute said that wooden poles taller than 130’ are not practical. Metal poles are constructed in sections and can therefore be raised or heightened as needed.

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

Commissioner Russell clarified the exceptions being requested and expressed concern about the pole falling on adjacent property.

Commissioner Russell made a motion to approve and recommend approval to the BOS as stated in the following resolution:

The Planning Commission approves the application submitted by Verizon Wireless to construct a communications tower consisting of a 95’ metal pole painted brown with equipment shelter and related facilities on property known as the Shady Lane Site owned by W. Carlton Mattox and Carolyn E. Mattox and identified as Tax Map #64-A-101, contingent upon the Board of Supervisor’s approval of a special exception from Section 20-7-2a covering the setback radius for the pole. The Planning Commission denies the waiver of Section 20-9 with respect to the bonding. The waiver is granted under Section 20-7-5k (2) with respect to landscaping since the area around the site is heavily wooded.

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

Other Business:

Subdivision Ordinance Amendments

Mr. Boger stated that in the November 15, 2007 Board of Supervisors meeting, Supervisor discussed Section 4-4-D of the Subdivision Ordinance, Individual Septic Systems, and a draft of possible amendments resulted. This draft was distributed to the Commission by letter on November 19, 2007 and the Board has requested their input. Chair Proulx said there had not been sufficient time to review this and agreed with Mr. Boger’s suggestion to have a work session meeting with a representative from the Health Department and a soil scientist to discuss the differences between State requirements and local ordinance requirements. It was agreed that a work session would be beneficial before making a recommendation to the Board. Mr. Boger will contact the parties involved and set a date in January. Meeting time will be 7:00 P. M.

Mr. Boger informed the Commission that he has a request from Food Lion for a site plan amendment to install a ramp at the rear of the building for unloading merchandise. He requested permission to administratively approve the amendment.   No concerns were expressed by the Commissioners or Supervisor Harvey.

Board of Supervisors Liaison Report – Tommy Harvey

Supervisor Harvey discussed a situation that has arisen concerning setbacks for an existing subdivision that has two final lots to be developed (Mountain View Subdivision). He asked Mr. Boger why the present setback regulations would apply to these nonconforming lots. Mr. Boger replied that there were no setbacks appearing on the plat for the subdivision which was developed prior to the Zoning Ordinance. He has talked with Mr. Payne, County Attorney, who agreed that Article II, Nonconforming Uses, Section 11-5, Nonconforming Lots, apply in this case and others like it. This section states: Any lot of record at the time of the adoption of this ordinance which is less in area or width than the minimum required by this ordinance may be used when the requirements of the Nelson County Zoning Ordinance regarding setback, side and rear yards are met.

Adjournment

At 9:20 o’clock P. M., Commissioner Tapager made a motion to adjourn and motion passed 5-0.

Next Regularly Scheduled Meeting: January 23, 2008 (There are no items coming before the Commission in December.)

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
TO APPROVE SITE PLAN #2007-010 FOR
REGION TEN NELSON COUNSELING CENTER

WHEREAS, Sheeran Architects have requested approval of a site plan for Region Ten Nelson Counseling Center to be located in Tanbark Plaza, Lovingston, Virginia, Tax Map #58-A-35A, which will be a three-story building adjacent to the present Horizon House building; and

WHEREAS, notice of public hearing was published in the Nelson County Times on November 8 and November 15, 2007; and

WHEREAS, a notice to adjacent property owners was mailed on November 15, 2007; and

WHEREAS, the Commission has considered the Planning Director’s report;

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

The Planning Commission approves Site Plan #2007-010 for Region Ten Counseling Center to be located in Tanbark Plaza, Lovingston, Virginia, Tax Map #58-A-35A, plan drawn by Sheeran Architects, dated April 2, 2007 and revised November 28, 2007. The Site Plan approval is contingent upon approval of the final E & S Plan and is also contingent upon receipt by the Planning Director of confirmation that Ms. Sappington (of Thomas Jefferson Soil & Water Conservation District) has received the proposed E & S Plan. This confirmation must be received by the Planning Director within 24 hours of this meeting.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Tommy Harvey

Motion Passed: 5-0
                        APPROVED: __________________________
                                CHAIR

                        ATTEST: _____________________________
                                 Planning Commission Secretary

A RESOLUTION
TO APPROVE A CLASS II COMMUNICATIONS TOWER
FOR VERIZON WIRELESS – SHADY LANE SITE
AND RECOMMEND TO THE BOARD OF SUPERVISORS APPROVAL
OF WAIVER OF SECTION 20-7-2a OF THE ZONING ORDINANCE

WHEREAS, Verizon Wireless has requested approval to construct a communications tower consisting of a 95’ metal pole with equipment shelter and related facilities on property owned by W. Carlton Mattox and Carolyn E. Mattox and identified as Tax Map #64-A-101 in Piney River, Virginia, and waivers of Sections 20-7-2a, 20-7-5k(2) and 20-9 of the Zoning Ordinance; and

WHEREAS, notice of public hearing was published in the Nelson County Times on November 8 and November 15, 2007; and

WHEREAS, a notice to adjacent property owners was mailed on November 15, 2007; and

WHEREAS, the Commission has considered the Planning Director’s report;

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

The Planning Commission approves the application submitted by Verizon Wireless to construct a communications tower consisting of a 95’ metal pole painted brown with equipment shelter and related facilities on property known as the Shady Lane Site owned by W. Carlton Mattox and Carolyn E. Mattox and identified as Tax Map #64-A-101, contingent upon the Board of Supervisor’s approval of a special exception from Section 20-7-2a covering the setback radius for the pole. The Planning Commission denies the waiver of Section 20-9 with respect to the bonding. The waiver is granted under Section 20-7-5k (2) with respect to landscaping since the area around the site is heavily wooded.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 5-0
                        APPROVED: __________________________
                                CHAIR

                        ATTEST: _____________________________
                                 Planning Commission Secretary
                        DATE:               November 28, 2007________