Planning: January 23, 2008

January 23, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
January 23, 2008

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

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.

Election of Officers: The following officers for 2008 were elected:
•   Commissioner Hunt nominated Commissioner Proulx for the position of Chair and motion passed 6-0.
•   Commissioner Russell nominated Commissioner Hunt for the position of Vice Chair and motion passed 6-0.
•   Commissioner Russell nominated Betty Fortune for the position of Secretary and motion passed 6-0.

Approval of Minutes: [There was no PC meeting in December and consequently, no minutes for approval.] Commissioner Harman made a motion to approve minutes from the November 28, 2007 meeting. Commissioner Tapager provided the second and motion passed 4-0, with Commissioner Hunt and Supervisor Bruguiere abstaining.

Chair Proulx welcomed Mr. Tommy Bruguiere to the Planning Commission as Board of Supervisor liaison.

Amendment to Special Use Permit #96-6 – Verizon Wireless

Mr. Boger reported that on November 12, 1996, a Special Use Permit was approved to erect a 170’ communications tower on property owned by Robert and Claudia Brush of 21257 Thomas Nelson Highway, Faber, Virginia. The property is located near the County boundary line with Albemarle County. The SUP was amended on January 10, 2006 to permit American Tower Corp./T-Mobile to collocate on the tower and install six (6) 6’ antennas at a maximum height of 125’. This installation was not done, and the amendment to the Special Use Permit has expired.

Mr. Boger continued by saying that Verizon Wireless is requesting to amend the SUP to permit the collocation of six (6) antennas and associated cables and equipment on the tower at a height of 130’, as well as a 12’ x 30’ equipment shelter at the base of the tower within the existing fenced equipment compound.

Mr. Maynard Sipe, Attorney at Law with LeClairRyan, representing Verizon Wireless, said that the footprint of the tower would be the same. He presented a photo simulation of a tower with 6 antennas. He stated that the application called for three mounting brackets with 2 antennas mounted on each, for a total of 6 antennas. Verizon would like permission at this time to install up to 12 antennas sometime in the future. No additional mounting brackets would be required.

Chair Proulx said that since a 6-antenna addition was advertised, the Commission will consider these 6 and they may reapply later for the additional antennas as needed.

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

Commissioner Russell made a motion to recommend to the Board of Supervisors approval of this SUP amendment as stated in the following resolution :

The Planning Commission recommends to the Board of Supervisors approval of an Amendment to Special Use Permit #96-6 for Verizon Wireless to collocate six (6) antennas and associated cables and equipment at a height of 130’ RAD on the existing telecommunications tower no taller than 170’ in height, and to construct a 12’ x 30’ equipment shelter at the base of the tower within the existing fenced equipment compound. The tower is located on Thurmond’s Hollow Lane, Rt. 615, Faber, Virginia, Tax Map #36-A-6, and the access easement will be on Tax Map #36-A-8. Both parcels are owned by Robert T. and Claudia M. Brush. Furthermore, the Commission recommends that a condition be placed on this permit requiring that any power lines be located along the existing road as placed on the original amendment in 2006 (American Tower).

Commission Harman provided the second, and motion passed 6-0.

Exception #6 – Hallie L. & Laverne Allen

Mr. Boger reported that Mrs. Hallie Allen and daughter Laverne Allen have submitted a subdivision plat showing the division of property into two lots for the purpose of a family division. The property is located behind 1628 Adial Road, Faber, Virginia, Tax Map #33-A-30J. The proposed subdivision does not have the required 30’ wide right-of-way to and from a dedicated recorded public street. The plat shows a 30’ right-of-way across the residue of lot 30J, but it stops at the boundary. Access to the public road will be via an existing soil and gravel drive serving the property of Ms. Allen. The width of this right-of-way is unknown at this time. It is Staff’s understanding that a 30’ easement through the adjoining property cannot be obtained and the width of the existing drive is the only option she has. Consequently, pursuant to Section 7-1, Exception, Ms. Allen is requesting an exception to reduce the required 30’ wide right-of-way requirement for a family division to the current width of the drive from the left boundary line of parcel 30J to Adial Road.

Commissioner Russell asked the number of families who will use the approximate 10’ right-of-way and Mr. Boger said there is no way to determine that. If parcel 30I is developed further, the 3rd lot would require bringing the road to County standards.

Co-applicant Laverne Allen said that her mother has given her 2 acres and she wants to put the land in her name to be able to pay taxes on that parcel. Commissioner Russell asked if there was a possibility of getting additional property from other owners in order to widen the right-of-way. Ms. Allen said that shouldn’t be a problem since all surrounding properties are owned by family members.

Mr. Boger said the applicant could ask for a deferment to allow time to investigate the possibility of obtaining more land. If that option doesn’t work out, they can then ask for the exception. Chair Proulx explained the options to Ms. Laverne Allen and she (Ms. Laverne Allen) asked for the deferment.

[No public hearing was held.]

Mr. Boger said that his acknowledgement letter would explain the options clearly to the Allens.

Other Business:

Subdivision Ordinance Amendments

Chair Proulx stated that a date needed to be set for a workshop on proposed amendments to the Subdivision Ordinance, Section 4-4 - Water and Sewer and Article 12-1, Zoning Permits. Steve Thomas, AOSE, and Tom Eick with Virginia Department of Health will be asked to attend this workshop. Tuesday, February 5 at 7:30 o’clock P. M. was set for the date of the workshop with an inclement weather date of Tuesday, February 19 at 7:00 o’clock P. M.

Chair Proulx asked that proposed amendments be sent to the Commissioners for their review prior to the workshop. Commissioner Russell also asked Mr. Boger to research Amherst, Augusta, Albemarle County’s requirements for soils work in subdivisions.

Board of Supervisors Liaison Report – Tommy Bruguiere

Supervisor Bruguiere said the workshop on the Subdivision Ordinance is very important because of changing property situations in the County.

Chair Proulx asked Mr. Bruguiere how responsibilities will change now that Mr. Steve Carter has been named Zoning Administrator. Supervisor Bruguiere said there will be no change in responsibilities for Mr. Boger, but that Mr. Carter will have final approval on zoning matters and will sit in for Mr. Boger in times of absence from meeting.

Ms. Proulx expressed concern about referrals on exceptions since the Planning Commission has no guidance in the ordinance regarding conditions, standards, time frame, etc. Mr. Boger said that the ordinance does not address exceptions, but that a recommendation from the Planning Commission is always helpful to the Board. The Board of Supervisors also has very little guidance, but any requests for an exception should be sent to the Board who could ask the Commission for a recommendation within a set time frame. Supervisor Bruguiere asked Mr. Boger to draft a letter to the Board, for the Chair’s signature, requesting that guidelines be given to the Planning Commission regarding this situation.

Adjournment

At 8:30 o’clock P. M., Commissioner Russell made a motion to continue this meeting until February 5, 2008 at 7:30 o’clock P. M. (February 19 inclement weather date) for a workshop on Subdivision Ordinance amendments.

Subdivision Ordinance Amendment Workshop: February 5, 7:30 o’clock P. M.

Next Regularly Scheduled Meeting: February 27, 2008

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND APPROVAL OF AN AMENDMENT TO SPECIAL USE PERMIT #96-6
FOR VERIZON WIRELESS – THURMOND’S HOLLOW LANE SITE

WHEREAS, Verizon Wireless has requested approval to collocate six (6) antennas and associated cables and equipment at a height of 130’ RAD on the existing 150’ RAD on the existing telecommunications tower no taller than 170’ in height, and to construct a 12’ x 30’ equipment shelter at the base of the tower within the existing fenced equipment compound. The existing tower is located on Thurmond’s Hollow Lane, Rt. 615, Faber, Virginia, Tax Map #36-A-6, and the access easement will be on Tax Map #36-A-8. Both parcels are owned by Robert T. and Claudia M. Brush.

WHEREAS, notice of public hearing was published in the Nelson County Times on January 3 and January 10, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on January 15, 2008; 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 recommends to the Board of Supervisors approval of an Amendment to Special Use Permit #96-6 for Verizon Wireless to collocate six (6) antennas and associated cables and equipment at a height of 130’ RAD on the existing telecommunications tower no taller than 170’ in height, and to construct a 12’ x 30’ equipment shelter at the base of the tower within the existing fenced equipment compound. The tower is located on Thurmond’s Hollow Lane, Rt. 615, Faber, Virginia, Tax Map #36-A-6, and the access easement will be on Tax Map #36-A-8. Both parcels are owned by Robert T. and Claudia M. Brush. Furthermore, the Commission recommends that a condition be placed on this permit requiring that any power lines be located along the existing road as placed on the original amendment in 2006 (American Tower).

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Mike Harman

Motion Passed: 6-0               APPROVED: __________________________
                               CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:               January 23, 2008     ________