Planning: Planning Commission Meeting Minutes-April 23, 2008

Planning Commission Meeting Minutes-April 23, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
April 23, 2008

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

Absent: Commissioner Emily Hunt

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 and welcomed Cassandra Stish of Buckingham County’s Planning Commission and Board of Zoning Appeals.

Approval of Minutes:   Chair Proulx requested postponement of approval of the April 17, 2008 continued meeting minutes until the May meeting. Commissioner Harman made a motion to approve minutes from the March 26, 2008 regular meeting, and motion passed 3-0, with Chair Proulx and Supervisor Bruguiere abstaining. (There was no second.)

Amendment to Special Use Permit #96-6 – AT&T
Chair Proulx announced that AT&T has requested postponement of this request until the May meeting.

Final Subdivision Approval – William L. & Barbara S. Allan, Trustees

Mr. Boger reported that the Mr. Stuart R. Sadler, Attorney at Law, was representing the Allans in their request for approval of a final subdivision plat to divide lot #113 located on Hanging Rock Lane in the Chestnut Springs Section, Mountain Subdivision 16-A, Wintergreen, Tax Map #11Z1-A-113, into two lots consisting of 24,191 sq. ft. and 19,383 sq. ft., respectively. Lot #113 was originally two parcels which were combined into one on June 12, 2007. Staff has reviewed the final subdivision plat and recommends approval. Planning Commission approval is required since the subdivision contains more than eleven (11) lots. Board of Supervisors approval is not required.

Commissioner Russell pointed out that several corrections needed to be made to the plat dated 3/2/08; i.e. Lot 115 is shown as 15 and original lots 114 and 115 are shown as 14 and 15. Mr. Sadler will contact Mr. Foster to have these corrections made on the new plat prior to submission for signature.

Mr. Sadler stated that the Allans have a buyer for the 19,383 sq. ft. lot which contains a house. He said that while it is advantageous to combine lots for financial reasons, often there is a sale for a smaller lot, as in this case. Water and sewer are available to both lots.

Commissioner Russell made a motion to approve the final subdivision plat as stated in the following resolution :

The Nelson County Planning Commission approves the final subdivision plat dated March 20, 2008, for William L. and Barbara S. Allan, Trustees, represented by Stuart R. Sadler, Attorney at Law, to divide 43,574 sq. ft. into two lots consisting of 24,191 sq. ft. and 19,383 sq. ft., respectively. Property is located on Hanging Rock Lane in the Chestnut Springs Section, Wintergreen, Virginia, and is identified as Tax Map #11Z1-A-113. Said plat must be corrected to show lots 114 and 115 rather than 14 and 15.

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

Amendment to Nelson County Zoning Ordinance – Section 12-5

Mr. Boger explained that this section of the zoning ordinance was challenged in a recent court case and has been determined by the Circuit Court to be unconstitutional. Therefore, the Planning Commission is recommending to the Board of Supervisor consideration of an amendment to the Code of Nelson County, Appendix A, of the Zoning Ordinance, Section 12-5, Uses Not Provided For, to repeal the following: If in any district established under this ordinance, a use is not specifically permitted and a property owner makes an application to the Administrator for such use, the Administrator shall refer the application, accompanied by a fee of twenty-five dollars ($25.00) to the Planning Commission, which shall make its recommendations to the governing body within thirty (30) days. If the governing body as applied for approves the use, the ordinance shall be amended to list the use as a permitted use in that district, henceforth. The provisions for notice and hearing by the Planning Commission and Board of Supervisors provided for in Section 15.1-431 of the Virginia Code, as amended, shall be applicable to the amendment procedure herein set forth.

The public hearing was opened.

Robert McSwain of Dutch Creek spoke in support of the repeal.

The public hearing was closed.

Chair Proulx explained that the issue with this section is that it allowed changes in the Zoning Ordinance without following the procedures required for amending the ordinance.

Commissioner Harman made a motion to recommend to the Board of Supervisors repeal of Section 12-1, Uses Not Provided For, and read the following resolution in its entirety:

NELSON COUNTY PLANNING COMMISSION
ZONING ORDINANCE AMENDMENT
SECTION 12-5, USES NOT PROVIDED FOR

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; and

   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; and

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

   WHEREAS, said public hearing was conducted on April 23, 2008;

   NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following recommendation to the Board of Supervisors:

   The Planning Commission recommends to the Board of    Supervisors   that Zoning Ordinance, Section 12-5, Uses Not Provided For, be repealed.

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

Amendment to Nelson County Zoning Ordinance – Section 2-8c

Mr. Boger reported that the proposed change in definition of Section 2-8c, Automobile Graveyard, Class C, brings this definition in line with the definition of Automobile Graveyard, Class B. The proposed definition is: Any place meeting setback side and rear yard requirements for buildings upon which more than five (5) inoperative vehicles of any kind are located, and which is screened by natural plantings or by other reasonable means acceptable to the Administrator, so that such vehicles are not visible from the roadway or adjacent residential, commercial or agricultural properties.

Commissioner Russell questioned whether the designation of “automobile graveyard” included any kind of motor vehicle; i.e. trucks. Mr. Boger said that all types of motorized vehicles are included in this designation.

The public hearing was opened.

Robert McSwain of Dutch Creek suggested that the word “place” be changed to “area.”

The public hearing was closed.

Supervisor Bruguiere asked for further clarification of “natural plantings or by other reasonable means acceptable to the Administrator.” Mr. Boger responded that, depending on the location of graveyard, different types of screening may be required; i.e. fences, plants, etc.

Commissioner Russell made a motion to recommend to the Board of Supervisors that Section 2-8c of the Zoning Ordinance be amended, and read the following resolution in its entirety:

NELSON COUNTY PLANNING COMMISSION
NELSON COUNTY ZONING ORDINANCE
SECTION 2-8c, 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;

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

   WHEREAS, said public hearing was conducted on April 23, 2008;

   NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following recommendation to the Board of Supervisors:

The Planning Commission recommends to the Board of    Supervisors that Zoning    Ordinance Section 2-8c, Automobile graveyard, Class C, be amended as follows:

Delete:
Any lot or place which is exposed to the weather and upon which more than five (5) vehicles of any kind, capable of being operated and which it would not be economically practical to make operative, are located.

Substitute with:
Automobile Graveyard, Class C – Any place meeting setback side and rear yard requirements for buildings upon which more than five (5) inoperative vehicles of any kind are located, and which is screened by natural plantings or by other reasonable means acceptable to the Administrator, so that such vehicles are not visible from the roadway or adjacent residential, commercial or agricultural properties.

Commissioner Tapager provided the second and motion passed 5-0.

Final Subdivision Approval – William L. & Barbara S. Allan, Trustees (Board of Supervisor Action Not Required)

Commissioner Harman made a motion to reopen the discussion on the final subdivision approval in order to hold the public hearing. Commissioner Tapager provided the second, and motion passed 5-0.

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

Commissioner Harman made a motion to reinstate the original motion. Commissioner Russell provided the second, and motion passed 5-0.

Other Business

Subdivision Ordinance amendment – Section 4-4, Water and Sewer

Mr. Boger has held discussions with Tom Eick, Health Department Official, and County Attorney Payne regarding the possible elimination of Section 4-4 from the Subdivision Ordinance and adding appropriate language to the Zoning Ordinance. Mr. Eick prefers that regulations not be totally eliminated from the ordinance, but recognizes that they could be, according to the State Code. County Attorney Payne seemed to be receptive to the change.

Mr. Boger presented another option for the Commission to consider . Before considering this option, the Commission asked Mr. Boger to obtain the opinion of the BOS on this and report back at the next meeting.

Comprehensive Plan Update

The Board of Supervisors has asked the Planning Commission to begin review of the present Comprehensive Plan to determine what needs to be updated. Chair Proulx stated that she has received a request from a Nellysford resident to include the Nellysford Plan in the Comprehensive Plan. Supervisor Bruguiere said this may be premature since the plan is still being developed. Mr. Boger said that the Lovingston Plan should be incorporated in the updated Comprehensive Plan as well as the transportation section which needs to be updated with the current 6-year road plan.

Chair Proulx suggested a work session to discuss the Subdivision Ordinance amendment (Section 4-4) and Comprehensive Plan revisions. A date of Thursday, May 8, 7:30 P. M. was agreed upon.

Supervisor Liaison – Tommy Bruguiere
Supervisor Bruguiere reported that work continues on the budget and that reassessment hearings are being conducted by the Board of Equalization. He stated that the Comprehensive Plan should be reviewed area by area.

Other Business

Planning Commission terms expire June 30, 2008 for Michael Harman and Michael Tapager. They were advised to contact Candy McGarry to confirm their interest in continuing to serve on the Commission.

Continuance

At 8:20 P. M. Commissioner Tapager made a motion to continue this meeting on Thursday, May 8, 2008, at 7:30 P. M. Commissioner Harman provided the second, and motion passed 5-0.

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
APPROVING THE FINAL
SUBDIVISION PLAT FOR WILLIAM L. & BARBARA S. ALLAN, TRUSTEES

WHEREAS, Stuart R. Sadler, Attorney at Law, has filed a final subdivision plat with the Nelson County Planning Department on behalf of William L. and Barbara S. Allan, Trustees, to divide 43,574 sq. ft. into two lots, 24,191 sq. ft. and 19,383 sq. ft., respectively, identified as Tax Map #11Z1-A, Parcel 113, located on Hanging Rock Lane in the Chestnut Springs Section, Wintergreen, Virginia; and

WHEREAS, a notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on April 3 and 10, 2008; and

WHEREAS, on April 23, 2008, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, on March 15, 2008, adjoining property owners were notified of the public hearing on this plat; and

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

The Nelson County Planning Commission approves the final subdivision plat dated March 20, 2008, for William L. and Barbara S. Allan, Trustees, represented by Stuart R. Sadler, Attorney at Law, to divide 43,574 sq. ft. into two lots consisting of 24,191 sq. ft. and 19,383 sq. ft., respectively. Property is located on Hanging Rock Lane in the Chestnut Springs Section, Wintergreen, Virginia, and is identified as Tax Map #11Z1-A-113. Said plat must be corrected to show lots 114 and 115 rather than 14 and 15.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   5-0

APPROVED: __________________________

PLANNING COMMISSION CHAIR


ATTEST: ______________________________

Planning Commission Secretary
DATE:     April 23, 2008


Subdivision Ordinance Section 4-4

D.   Soil evaluations.

The subdivider shall submit to the agent with each final plat the results of percolation tests or other methods of soil evaluation used to determine the suitability of the soil for septic systems with conventional drain fields, if septic systems are proposed to be used in the development of the subdivision, and the results are requested by the agent. These results shall be forwarded by the agent to the health director.

E.   Health director approval of individual private wells and/or septic systems.

If required as a condition of final plat approval, a final plat shall not be approved if individual private wells are proposed for the subdivision until written approval has been received from the health director by the agent. A final plat shall not be approved if septic systems are proposed for the subdivision until written approval has been received from the health director by the agent as follows:

(1) The health director shall determine the suitability of the soil of each lot of the subdivision for which septic systems with a conventional drain field will be constructed, and shall submit his opinion to the agent.

(2) The health director may require as a condition of his approval of the installation of septic systems and, whenever necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure the effective removal of surface water from each lot.

(3) Each septic system shall have a reserve area to accommodate a minimum of one hundred (100) percent of the capacity of the initial drain field.

F.   Alternative Waste Treatment Systems.

                  Where an alternative waste treatment system is to be used, the developer /subdivider shall provide to the governing body documented proof that the soils and parent materials are satisfactory to the Health Official, and shall obtain approval of the alternative waste treatment system from the appropriate state agency, including the State Water Control Board and the Health Department. The alternative waste treatment system shall have a reserve area equal in size to accommodate the replacement of the treatment system in event of the initial systems’ failure. Such documented proof and approval shall be filed as an addendum with the final subdivision plat.

12-1       Zoning Permits.

12-1-1   Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Zoning Administrator.

12-1-2   The Commission may request a review of the zoning permit approved by the Zoning Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

12-1-3   Each application for a zoning permit shall be accompanied by:

       (a) Three (3) copies of a scale drawing. The drawing shall show:

(1)   The size and shape of the parcel of land on which the proposed building is to be constructed; and

(2)   The nature of the proposed use of the building or land; and

   (3) The location of such building or use with respect to the property lines of said parcel                of land and to the right-of-way of any street or highway or adjoining said parcel of                land.

   (b)   If a septic system and/or alternative waste treatment system is proposed to be used in                development of the property, documentation from the Health Department must be                submitted approving the system, with a reserve area to accommodate a minimum of one            hundred (100) percent of the capacity    of the initial drain field and/or alternative waste            treatment system, in the event of the initial system’s failure.

       Any other information may be required which the Zoning Administrator deems necessary    for consideration of the application. If the proposed building or use is in conformity with    the provisions of this ordinance, the Zoning Administrator shall issue a permit to the    applicant. One (1) copy of the drawing shall be returned to the applicant with the permit.