Planning: Planning Commission Meeting Minutes- March 26, 2008

Planning Commission Meeting Minutes- March 26, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
March 26, 2008

Present: Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Harman, Michael Tapager

Absent: Chair Philippa Proulx and Supervisor Tommy Bruguiere

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. Vice Chair Hunt announced that the application for SUP #2008-006 for Wendy Harlow has been withdrawn by the applicant, and Exception #6 for Hallie & LaVerne Allen has been postponed at the applicant’s request.

Approval of Minutes:   Commissioner Russell made a motion to approve minutes from the February 27, 2008 regular meeting. Commissioner Tapager provided the second, and motion passed 4-0.

Rezoning #2008-001 – Bruce K. and Lynn Tyler

Mr. Boger reported that the applicant is petitioning to have approximately .66 acre rezoned from Agricultural, A-1, to Business, B-1. The property is located adjacent to Mr. Tyler’s law office, 129 Afton Depot Lane, Afton, Virginia, and is identified as Tax Map #3-A, Parcel 24. Mr. Boger refrained from making comment on this request to avoid the appearance of a conflict of interest.

Mr. Tyler stated that he owns two parcels on Afton Depot Lane. One is zoned B-1 and the other A-1. In 2005 his home was destroyed by fire and he has not rebuilt on that parcel. The driveway from Rt. 6 is the old railroad bed which goes directly into the Crozet (Blue Ridge) Tunnel which has been designated by the County to become greenway. It is his understanding that the site of his previous home would be the trail head and the driveway used for public to access the trail, both uses which would preclude this lot being used for a residential dwelling. He assumes the County will be interested in purchasing the lot, but there is no guarantee. In his opinion, the lot would be more marketable as B-1 rather than A-1. There is no potential buyer at this time.

The public hearing was opened.

Mr. Bruce Wachtel, a resident of Afton, said he represented a group of concerned citizens in the Afton area. He gave three reasons why the requested rezoning is not a good idea: 1) it would be a prime example of spot zoning, and as business zoning, could be used for many types of business; 2) if the Blue Ridge Trail project proceeds and the County buys the property, parking can be done on A-1 property; B-1 zoning is not needed; and 3) this rezoning would not be good for the community as a whole and would open the area up to other rezoning requests.

Mr. Tom Brokamp owns two acres in Afton, directly joining the trail and is a proponent of the Rails and Trails project. He would be one of the most affected property owners when the Blue Ridge Tunnel project proceeds since it will result in greater use of the road which borders both his property and the Tyler property. He stated that he originally supported Mr. Tyler’s request, but now is not convinced this rezoning is a good idea.

Lucy Ivey owns property above the road leading to Mr. Tyler’s law office. This is agricultural land and she objects to open-ended commercial use and would rather the area remain agricultural zoning.

Mr. Tyler responded that this is not spot zoning, and that the parcel is of no value or use at this time. In the future it could be used for something compatible with the tunnel project.

The public hearing was closed.

Commissioner Russell said that the issue appears to be the prospective sale of the property to the County which would not require rezoning. She is uncomfortable with rezoning without some idea of the type of business that would go there. The property could also be marketed as A-1.

Commissioner Tapager shared Ms. Russell’s concerns and would be more open to conditional rezoning, which was not requested. He stated that he could not support the rezoning request as it has been presented.

Commissioner Russell made a motion to recommend that the Board of Supervisors deny this request for rezoning, as stated in the following resolution :

The Planning Commission recommends that the Board of Supervisors deny approval of Rezoning #2008-001 to rezone .66 acre located on Afton Depot Lane, Afton, Virginia, Tax Map #3-A-24, from A-1 to B-1, for the following reasons:
1)   Lack of specificity of use. This is considered speculative zoning which is not only risky but is contrary to sound zoning principles.
2)   Rezoning would be incompatible with the neighborhood.
3)   Since the County is not required to rezone, the applicant has not shown that this rezoning would be in the best interest of the County.

Commissioner Harman provided the second and motion passed 4-0.

Special Use Permit #2008-006 – Jerry W. Coffey

Mr. Boger reported that Mr. Coffey has submitted a petition for a Special Use Permit to operate a public garage on a parcel of land on Piedmont Road (Rt. 657). It is located across from his residence at 1089 Piedmont Road and identified as Tax Map #96-A, Parcel 19D. The property was recently purchased from his brother, Donnie Ray Coffey. Mr. Coffey’s leased repair facility is currently located at 1579 Thomas Nelson Highway at the rear of the property. Approval of this SUP would allow him to move his trucking and repair facility to a site across the road from his residence.

Mr. Boger added that Section 2-40 of the zoning ordinance defines a public garage as: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles. The Commission should consider whether the storing of trailers is the same as storing motor driven vehicles and whether Mr. Coffey’s business is a trucking yard. The site where the proposed facility would be located is zoned Agricultural, A-1. A public garage is permitted in this District by a Special Use Permit. Piedmont Road is an industrial road providing access to a major industrial facility in Amherst County. Mr. Coffey’s repair facility would have limited impact on the character of the area and neighboring properties, provided the visual impacts are adequately addressed.

Mr. Coffey’s present facility has a number of old vehicles parked around it as well as tires, oil drums, batteries, etc. A condition should be placed on the SUP limiting outside storage of these items unless they are screened from view. An E & S Control Plan may be required by the Thomas Jefferson Soil and Water Conservation District, as well as a storm water quality management plan by the Virginia Department of Conservation and Recreation. VDOT must approve the design and location of the entrance to the site.

Mr. Coffey stated that he wants to relocate his business near his residence. He has already completed some landscaping and the lot has been graveled. He met with Scott Round of VDOT the day of the PC meeting who approved the 16’ hard-surfaced entrance. According to Mr. Coffey, Mr. Round said the site distance is more than sufficient to meet VDOT requirements and that landscaping that has been done is acceptable. Septic and drain field approval has been received. No land disturbing is needed other than the septic and drain field sites. Mr. Coffey plans to construct a 50’ x 80’ steel building which will include some office space. There are no plans for any use other than for his personal use and that there are usually no more than 3 trucks parked on the lot on weekends. His personal truck will be parked inside the building. There may be as many as 12 trailers parked on the lot waiting for use in transport.

Mr. Coffey said that the existing rental location contains equipment that belongs to someone else. He owns only two small accessory building at that location.

Commissioner Russell expressed concern about screening trailers from the road. The County would like to see screening of some kind – trees, stockade fence, etc. Mr. Coffey said there is not enough space to pull an 18 wheel tractor trailer into the lot and turn around if fencing and large trees have to be added. He said the septic and drainfield are placed on the lot based on the Health Department’s recommendation.

Mr. Coffey said that lights would be turned on and off as needed and there would be no signage. Hours of operation would be approximately 9:00 A. M. to 5:00 P. M. Monday through Saturday.

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

Commissioner Russell said she would like to see more detail on the site plan which was prepared by Mr. Coffey and Mr. Johnny Ponton; specifically, how trailers will be parked and recommended screening. Commissioner Tapager had visited the site and stated that in approaching the lot, travelers would only see a glimpse of the trailers parked on the lot. The building will block some of the trailers from view.

Commissioner Russell made a motion to table this application until April 15, 2008, at which time the Commission will vote and refer the application to the Board of Supervisors on April 24, 2008. Commissioner Harman provided the second, and motion passed 4-0.

Zoning Ordinance Amendments – Article 18, Limited Industrial M-1

Mr. Boger reported the Planning Commission authorized Staff on February 27 to advertise for a public hearing on an amendment to the Nelson County Zoning Ordinance to repeal Article 18, Section 18-5, Prohibited Uses.

The public hearing was opened.

Peter Agelasto spoke in support of the repeal of this section of the ordinance. He presently has 15 acres that are zoned M-1 and he has plans to establish a dog agility park on part of the property. Repealing “recreation or entertainment facilities of a commercial nature” as a prohibited use would be beneficial to him and his potential customers.

The public hearing was closed.

Commissioner Tapager made a motion to recommend to the Board of Supervisors repeal of this section, as stated in the following resolution :

Finding that public necessity, convenience, the general welfare and good zoning practice require amendment of the Zoning Ordinance, the Planning Commission recommends to the Board of Supervisors approval of an amendment to Code of Nelson County, Appendix A, the Zoning Ordinance, Article 18, Limited Industrial M-1, to repeal Section 18-5, Prohibited Uses, which includes the following: 18-5-1, Recreation or entertainment facilities of a commercial nature, 18-5-2, Fuel storage yards, 18-5-3, Contractor storage yards, 18-5-4, Lumber yards, 18-5-5, Sawmills, and 18-5-6, Stone work.

Commissioner Harman provided the second, and motion passed 4-0.

Proposed Zoning Ordinance Amendment – Section 4-4, Water and Sewer

Mr. Boger reported the Planning Commission authorized Staff on February 27 to advertise for a public hearing on an amendment to the Nelson County Subdivision Ordinance, Section 4-4, Water and Sewer, Item D., Individual Septic Systems, to remove the current item and replace with the following:

D.   Individual Septic Systems.

   No subdivision shall be approved where individual septic systems are to be used    until written approval has been secured from the health official. In order to grant approval, the health official, or his agent, shall determine the suitability of soil for use of septic systems with subsurface disposal.
1.   Each system approved after June 1, 2007, shall have two (2) approved sites for on-site wastewater systems, thereby providing for a reserve in the event of failure of the initial on-site wastewater system.
2.   In all zoning districts, the reserve on-site wastewater system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site wastewater system.
3.   The location of all on-site wastewater system areas and reserve areas shall be shown on the plat of the subdivision and if pretreatment is proposed for the on-site wastewater system, such proposal must be clearly stated on the plat.
4.   All plats of subdivision and site plans shall contain the following notation: The Virginia Department of Health advises that septic tanks should be pumped every three (3) to five (5) years to maximize the life of the on-site wastewater system area.
5.   Exceptions to the above provisions:
a.   Family subdivision
b.   Lots greater than twenty (20) acres in size. For such lots, the plat shall bear the following notation: Health Department approval has not been obtained for on-site wastewater systems for [this lot] or [lots numbered ----].
c.   Existing systems. Unless otherwise required by law, existing wastewater systems need not be shown on subdivision plats.

Since the February 5 work session on this subject, Steve Thomas, AOSE, has provided additional comments.

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

Commissioner Tapager made a motion to table discussion of this Subdivision Ordinance amendment to a work session scheduled for April 15, 2008. Commissioner Russell provided the second, and motion passed 4-0.

Other Business

1)   Resolution to schedule public hearing regarding removal of Section 12-5, Uses Not Provided For, from the Nelson County Zoning Ordinance

Mr. Boger reported that Staff, Chair Proulx and County Attorney Payne have discussed removal of Section 12-5 from the Zoning Ordinance. Mr. Boger asked that the Commission authorize him to advertise for an April 23, 2008 public hearing on this subject.

Commissioner Russell made a motion to authorize Staff to advertise for public hearing, as stated in the following resolution :

   WHEREAS, the Circuit Court of Nelson County has ruled that Section 12-5, “Uses Not Provided For,” of the Nelson County Zoning Ordinance is void;

   WHEREAS, the presence of a void provision in the Zoning Ordinance can lead to confusion and procedural error; and

   WHEREAS, public necessity, convenience, general welfare, and good zoning practice require revision of the Zoning Ordinance;

   NOW, THEREFORE, BE IT RESOLVED, that a public hearing be scheduled and that this Commission consider recommending repeal of Section 12-5.

Commissioner Harman provided the second, and motion passed 4-0.
2)   Resolution to schedule public hearing regarding amendment of Section 2-8, Automobile Graveyard, Class C, in the Nelson County Zoning Ordinance

Mr. Boger reported that the definition of Automobile Graveyard, Class C, is in conflict with the definition of an inoperative motor vehicle in Section 2-51; consequently, he asked that the Commission authorize him to advertise for an April 23, 2008 public hearing on this subject.

Commissioner Russell made a motion to authorize Staff to advertise for public hearing for the next regularly scheduled Planning Commission meeting to discuss an amendment of the Automobile Graveyard Section 2-8c definition, as stated in the following resolution :

   WHEREAS, A problem has been identified with Section 2-8c, “Automobile graveyard, Class C” of the Nelson County Zoning Ordinance; and

   WHEREAS, the existing wording “Any lot or place which is exposed to the weather and upon which more than five (5) vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative are located” is in conflict with the definition of an inoperative motor vehicle in Section 2-51a on the Zoning Ordinance and can lead to confusion and error in the enforcement of Section 2-8c; and

   WHEREAS, public necessity, convenience, general welfare, and good zoning practice require revision of the Zoning Ordinance;

   NOW, THEREFORE, BE IT RESOLVED, that a public hearing be scheduled and that this Commission consider recommending an amendment of Section 2-8c.

Commissioner Harman provided the second, and motion passed 4-0.

BOS Liaison Report – None

Adjournment

At 9:05 P. M. Commissioner Tapager made a motion to adjourn. Commissioner Russell provided the second.

Mr. Boger then stated that the Board of Supervisors has asked the Commission to look at the Comprehensive Plan for possible updating. He suggested that this item be discussed at the April 15 work session. Commissioners agreed.

Commissioner Tapager withdrew his motion to adjourn.

At 9:15 P. M. Commissioner Tapager made a motion to continue the Planning Commission meeting on April 15 at 7:30 P. M. Commissioner Russell provided the second, and motion passed 4-0.

Work Session : April 15, 2008

Next Regularly Scheduled Meeting: April 23, 2008

Respectfully submitted,

Betty Fortune, Planning Secretary

A RESOLUTION
TO RECOMMEND DENIAL OF APPROVAL OF REZONING #2008-001
FOR BRUCE K. AND LYNN TYLER

WHEREAS, Mr. Bruce K. and Mrs. Lynn Tyler have requested a rezoning of .66 acre located on Afton Depot Lane, Afton, Virginia, Tax Map #3-A-24, from A-1 to B-1 for the purpose of marketing the property as business; and

WHEREAS, notice of public hearing was published in the Nelson County Times on March 6 and March 13, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on March 17, 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 that the Board of Supervisors deny approval of Rezoning #2008-001 to rezone .66 acre located on Afton Depot Lane, Afton, Virginia, Tax Map #3-A-24, from A-1 to B-1, for the following reasons:
4)   Lack of specificity of use. This is considered speculative zoning which is not only risky but is contrary to sound zoning principles.
5)   Rezoning would be incompatible with the neighborhood.
6)   Since the County is not required to rezone, the applicant has not shown that this rezoning would be in the best interest of the County.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed: 4-0
                       APPROVED: __________________________
                               VICE CHAIR

                       ATTEST: _____________________________
                                 Planning Commission Secretary
                       DATE:               March 26, 2008        ________

A RESOLUTION
TO RECOMMEND APPROVAL OF AMENDMENT TO
NELSON COUNTY ZONING ORDINANCE
ARTICLE 18, LIMITED INDUSTRIAL M-1, SECTION 18-5

WHEREAS, the Nelson County Planning Commission is recommending an amendment to Code of Nelson County, Appendix A, the Zoning Ordinance, Article 18, Limited Industrial M-1, Section 18-5, Prohibited Uses, to repeal the following:

18-5   Prohibited uses.
The following uses are specifically prohibited in Limited Industrial Districts:

18-5-1   Recreation or entertainment facilities of a commercial nature.
18-5-2   Fuel storage yards.
18-5-3   Contractor storage yards.
18-5-4   Lumber yards.
18-5-5   Sawmills.
18-5-6   Stone work.

WHEREAS, notice of public hearing was published in the Nelson County Times on March 6 and March 13, 2008; and

WHEREAS, the Commission held a public hearing on March 26, 2008; and

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

Finding that public necessity, convenience, the general welfare and good zoning practice require amendment of the Zoning Ordinance, the Planning Commission recommends to the Board of Supervisors approval of an amendment to Code of Nelson County, Appendix A, the Zoning Ordinance, Article 18, Limited Industrial M-1, to repeal Section 18-5, Prohibited Uses, which includes the following: 18-5-1, Recreation or entertainment facilities of a commercial nature, 18-5-2, Fuel storage yards, 18-5-3, Contractor storage yards, 18-5-4, Lumber yards, 18-5-5, Sawmills, and 18-5-6, Stone work.

Motion made by Commissioner: Michael Tapager       APPROVED: _________________
                               VICE CHAIR
Motion seconded by Commissioner: Michael Harman
                               ATTEST: _____________________
Motion Passed: 4-0                       PLANNING COMMISSION SEC.

                               DATE: March 26, 2008_________


NELSON COUNTY PLANNING COMMISSION

RESOLUTION

   WHEREAS, the Circuit Court of Nelson County has ruled that Section 12-5, “Uses Not Provided For,” of the Nelson County Zoning Ordinance is void;

   WHEREAS, the presence of a void provision in the Zoning Ordinance can lead to confusion and procedural error; and

   WHEREAS, public necessity, convenience, general welfare, and good zoning practice require revision of the Zoning Ordinance;

   NOW, THEREFORE, BE IT RESOLVED, that a public hearing be scheduled and that this Commission consider recommending repeal of Section 12-5.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion passed: 4-0

                       ______________________________
                       VICE CHAIR
                       ______________________________
                       Planning Commission Secretary
                       March 26, 2008
                       Date

NELSON COUNTY PLANNING COMMISSION
NELSON COUNTY ZONING ORDINANCE,
SECTION 2-8, AUTOMOBILE GRAVEYARD, CLASS C

RESOLUTION

   WHEREAS, A problem has been identified with Section 2-8c, “Automobile graveyard, Class C” of the Nelson County Zoning Ordinance; and

   WHEREAS, the existing wording “Any lot or place which is exposed to the weather and upon which more than five (5) vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative are located” is in conflict with the definition of an inoperative motor vehicle in Section 2-51a on the Zoning Ordinance and can lead to confusion and error in the enforcement of Section 2-8c; and

   WHEREAS, public necessity, convenience, general welfare, and good zoning practice require revision of the Zoning Ordinance;

   NOW, THEREFORE, BE IT RESOLVED, that a public hearing be scheduled and that this Commission consider recommending an amendment of Section 2-8c.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion passed: 4-0

                       ______________________________
                       VICE CHAIR
                       ______________________________
                       Planning Commission Secretary
                       March 26, 2008
                       Date