Planning: Planning Commission Meeting Minutes-April 17, 2008

Planning Commission Meeting Minutes-April 17, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
April 17, 2008 CONTINUED MEETING

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

Absent: Commissioner Michael Harman

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx called the continued meeting to order at 7:30 P. M. in the conference room of Nelson Memorial Library.

Special Use Permit #2008-006 – Jerry W. Coffey (Continued from March 26, 2008 meeting)

(See Minutes of March 26, 2008 meeting for details of this application.)

Mr. Jerry W. Coffey presented to the Commission a revised site plan, and stated that the final would be submitted by April 22. He noted that the entrance has increased from 190’ to 200’ and will be surface treated. He stated that approximately 8-10 trailers could be parked on the 130’ parking area with 3 or 4 more beside the shop, if necessary. Shrubs have been planted along the road, with some grading and landscaping still to be done.

Commissioner Tapager asked about lighting and Mr. Coffey said there would be one fixture on the side of the building which would be turned on and off as needed. There would be no dusk-to-dawn light. Also, there would be no signage on the property or building.

Commissioner Tapager said that the screening already done softens the visual effect; however, in the interest of safety, too much screening can be distracting.   Mr. Coffey said that VDOT advised that screening should be 3’ or less in height. Mr. Boger said that what has been added and what is proposed meets the requirement of the ordinance, and that Mr. Coffey has made a good effort to screen.   He added that the Commission may want to consider limiting outside storage of vehicles/equipment as a condition of the permit.

Chair Proulx suggested that the final site plan contain notations regarding lighting, absence of signage, and outside storage of un-roadworthy trucks or trailers, and that the final plan should be available to the Board of Supervisors prior to the April 24 meeting.

Commissioner Russell confirmed the hours to be Monday thru Saturday, 8:00 A. M to 8:00 P. M. Mr. Coffey said his hours at the shop are not regular hours and that occasionally there may be the need to bring a truck in at night.

Commissioner Tapager made a motion to recommend approval of the SUP to the Board of Supervisors, as stated in the following resolution:

The Planning Commission, having interpreted Zoning Ordinance Section 4-1-4b to include repair of trucks and trailers, recommends approval by the Board of Supervisors for Special Use Permit #2008-006 for Jerry W. Coffey to build a shop (approximately 64’ x 80’) on Piedmont Road (Rt. 657), Tax Map #96-A-19D, for use in repairing personal company trucks and trailers, as well as employees’ trucks. This recommendation is subject to the following: approval of the entrance by VDOT, Health Department approval, any approvals required from Thomas Jefferson Soil & Water Conservation District and the Department of Conservation and Recreation, and Planning Commission approval of the final site plan which will include the following: lighting plan, notation stating no signage, required road frontage landscaping, and notation that there will be no outside storage of inoperative or unroadworthy trailers. The number of trailers on the site at any one time is limited to 15.

Commissioner Russell provided the second, and motion passed 5-0. The Board of Supervisors will consider the SUP at the April 24, 2008 meeting.

Discussion - Proposed Zoning Ordinance Amendment – Section 4-4, Water and Sewer (Continued from March 26, 2008)

(See minutes of March 26, 2008 meeting for background on this proposed amendment.)

Mr. Boger reported that a public hearing was held on March 26 on this proposed amendment and since that time comments had been received from Massie Saunders, Surveyor, and Steve Thomas, AOSE.

The following changes were discussed:

Commissioner Russell noted that the ordinance needed a definition for wastewater system and the following was proposed: Wastewater system: Any waste treatment system, including any required reserve.

In addition, the following definition was proposed by Commissioner Tapager: Reserve wastewater system area: That portion of a wastewater system set aside to accommodate the replacement of a failed system.

Section 4-4, Water and Sewer

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 an approved    site for an 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.

The Commissioners focused on Section D.5.b and the recommendation that lots greater than 20 acres not be required to obtain Health Department approval for on-site wastewater systems. It was agreed that a subdivision with several lots greater than 20 acres should have soils work completed prior to subdivision approval. (This opinion was supported by Steve Thomas, AOSE, at a previous meeting.) The Commissioners felt, however, that a single division resulting in a large residue parcel which might never be developed shouldn’t have to meet that standard. Since it seemed impossible to craft an ordinance to satisfy both positions, Chair Proulx suggested that the removal of Item D altogether be considered. Mr. Boger said that it could be removed from the Subdivision Ordinance and addressed in the Zoning Ordinance by stipulating that upon applying for a building permit, appropriate septic systems and 100% reserve will be required. In addition, certification by the Health Department would need to be amended. The Commission asked Mr. Boger to consult with County Attorney Payne on this proposal. Chair Proulx noted that another public hearing will need to be held to present this new proposal.

After further discussion, it was the consensus of the Commission to investigate removing Item D. from the Subdivision Ordinance and add appropriate wording to the Zoning Ordinance. Mr. Boger will consult with Mr. Payne and the Board of Supervisors regarding this proposed change. No resolution was passed at this time.

Discussion – Comprehensive Plan Update

Mr. Boger stated that the Board of Supervisors has requested that the Planning Commission provide input into updating the Comprehensive Plan for Nelson County. Chair Proulx asked that each person review the existing document and bring suggestions to the April 23, 2008 Planning Commission meeting. Commissioners agreed.

Adjournment:
At 8:45 P. M. Commissioner Russell made a motion to adjourn the continued meeting and motion passed 5-0.

Next Meeting: April 23, 2008

Respectfully submitted,

Betty M. Fortune
Planning Secretary

A RESOLUTION
TO RECOMMEND APPROVAL OF SPECIAL USE PERMIT #2008-006
FOR JERRY W. COFFEY

WHEREAS, Mr. Jerry W. Coffey has requested a Special Use Permit #2008-006 to build a shop on Piedmont Road (Rt. 657), Gladstone, Virginia, Tax Map #96-A-19D, for use in repairing personal company trucks and trailers, as well as employees’ trucks; 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; and

WHEREAS, on March 26, 2008 the Planning Commission deferred a decision on this application until the continued meeting on April 17, 2008;

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

The Planning Commission, having interpreted Zoning Ordinance Section 4-1-4b to include repair of trucks and trailers, recommends approval by the Board of Supervisors for Special Use Permit #2008-006 for Jerry W. Coffey to build a shop (approximately 64’ x 80’) on Piedmont Road (Rt. 657), Tax Map #96-A-19D, for use in repairing personal company trucks and trailers, as well as employees’ trucks. This recommendation is subject to the following: approval of the entrance by VDOT, Health Department approval, any approvals required from Thomas Jefferson Soil & Water Conservation District and the Department of Conservation and Recreation, and Planning Commission approval of the final site plan which will include the following: lighting plan, notation stating no signage, required road frontage landscaping, and notation that there will be no outside storage of inoperative or unroadworthy trailers. The number of trailers on the site at any one time is limited to 15.

Motion made by Commissioner: Michael Tapager

Motion seconded by Commissioner: Linda Russell

Motion Passed: 5-0

APPROVED: __________________________

CHAIR

ATTEST: _____________________________

Planning Commission Secretary

DATE:               April 17, 2008        ________

A RESOLUTION
TO RECOMMEND APPROVAL OF AMENDMENT TO
NELSON COUNTY SUBDIVISIONORDINANCE
SECTION 4-4, WATER AND SEWER

WHEREAS, the Nelson County Planning Commission is recommending an amendment to Nelson County Subdivision Ordinance, Section 4-4, Water and Sewer, Item D., Individual Septic Systems, to remove the current Item D. 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.

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:

The Planning Commission recommends to the Board of Supervisors approval of an amendment to the Nelson County Subdivision Ordinance, Section 4-4, Water and Sewer, Item D., Individual Septic Systems, to remove the current Item D. and replace with D. shown above.

Motion made by Commissioner:

Motion seconded by Commissioner:

Motion Passed:
APPROVED: ____________________________

PLANNING COMMISSION CHAIR


ATTEST: ________________________________

PLANNING COMMISSION SECRETARY


DATE: __________________________________