Planning: Planning Commission Minutes-May 28, 2008

Planning Commission Minutes-May 28, 2008

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
May 28, 2008

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

Absent: 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.

Approval of Minutes:   Commissioner Hunt made a motion to approve minutes of the April 17, 2008 work session meeting, and motion passed 5-0. Commissioner Harman made a motion to approve minutes of the April 23, 2008 regular meeting, Commissioner Hunt abstained, and motion passed 4-0. May 8, 2008 work session minutes will be held for the June meeting.

Exception #7 – Phillip D. Payne, IV

Mr. Boger reported that Mr. Payne, County Attorney, is requesting an exception to Section 4-4 C., Individual Septic Systems, to permit the division of 7.245 acres from his property without the requirement for soils work and drain field locations. The property is identified as Tax Map #68-A-114. Mr. Payne is considering selling 10 of the 17.245 acre parcel he owns in the Shipman area. The remaining 7.245 acres is planted in pine trees with access only through other property he owns. He is requesting an exception for the remaining 7.245 acre portion since he doesn’t plan to develop that portion of the property. Locating a drain field site and having soils work done would be an unnecessary expense.

Chair Proulx asked if Mr. Payne had considered a boundary adjustment to include the 7.245 acres in his farm property. Mr. Payne said that the inclusion of additional acreage may interfere with his plans for a conservation easement on the farm parcel.

Commissioner Russell noted that Commissioner of Revenue records indicate Mrs. Payne is owner of parcel 114. Mr. Payne said a change to joint ownership was made last year.

Chair Proulx said she would prefer not recommend approval to the Board of Supervisors since no hardship has been exhibited. She suggested that Mr. Payne investigate the boundary adjustment option to determine whether an exception is needed and then return to the PC in June. Mr. Payne said he would agree to do that, though he was reluctant to do the boundary adjustment which could delay his conservation easement plans. There may not be a sale for the 10 acres and money will have been spent on unnecessary surveys. He also wants to determine the affect the addition of the 7.245 acres would have on the planned conservation easement.

Chair Proulx said the conservation easement changed her feeling about the exception since it appears there are somewhat more compelling reasons than convenience.

At the request of the applicant, the request was postponed until June 25, at which time the public hearing will be held.

Final Subdivision Approval – George H. Brett, II and Sally

Mr. Boger reported that Mr. and Mrs. Brett, represented by Stuart R. Sadler, Attorney at Law, have submitted a final subdivision plat to divide 43,414 sq. ft. into two lots consisting of 22,075 and 21,399 sq. ft., respectively. The property is identified as Tax Map #11Z1-A, Parcel 103, and is located on Shamokin Springs Trail, Chestnut Springs Section, Mountain Subdivision 16-A, Wintergreen, Virginia. (The original lots were combined into one lot in 2003.) Public water and sewer are available to serve these two parcels and each lot has frontage on a private road.

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

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 April 18, 2008, for George H. Brett, II, and Sally represented by Stuart R. Sadler, Attorney at Law, to divide 43,414 sq. ft. into two lots consisting of 22,075 sq. ft. and 21,339 sq. ft., respectively. Property is located on Shamokin Springs Trail, Chestnut Springs Section, Mountain Subdivision 16-A, Wintergreen, Tax Map #11Z1-A, Parcel 103.

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

Class II Communications Tower – Mayo Creek – Verizon Wireless

Mr. Boger reported that Verizon Wireless, represented by Lori Schweller, has submitted a request for a Class II 88 foot wooden Communications Tower which will be located on property owned by Black Fox Hills, LLC on James River Road, about 6.5 miles east of the railroad tracks in Shipman, Tax Map #80-A, Parcel 32. A balloon test was conducted to determine the visual impact the tower may have on surrounding properties. Mr. Boger made no further comments since he lives in the vicinity where the tower will be located.

Ms. Lori Schweller, Attorney at Law from LcClairRyan, stated that the tower would be an 88 foot monopole. The balloon test was conducted which indicated the tower would not have an adverse visual impact on the surrounding properties. The fire department building is the closest structure and the tower is barely visible from there.

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

Commissioner Russell confirmed with Ms. Schweller that the applicant was also asking for a waiver of landscaping requirements, Section 20-7-5(k). Ms. Schweller said that the total area is surrounded by trees, so there is no need for further landscaping.

Commissioner Russell made a motion to approve the Class II tower and the requested waiver, as stated in the following resolution :

The Nelson County Planning Commission approves the application for Verizon Wireless to erect an 88 foot wood Class II communications tower on the property of Black Fox Hills, LLC, identified as Tax Map #80-A, Parcel 32, James River Road (Rt. 56), Wingina, Virginia, and as shown of the site development plan dated February 18, 2008. Waiver of the landscaping requirement in Section 20-7-5(k) is also approved.

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

Class II Communications Tower – Buck Creek – Verizon Wireless

Mr. Boger reported that Verizon Wireless, represented by Lori Schweller, Attorney at Law, has submitted an application for a Class II 88 ft. metal Communications Tower to be located at 18115 Thomas Nelson Highway, Faber, Tax Map #35-A-75, on property owned by John B. Young, Jr. A balloon test was conducted which indicated the tower would not have an adverse visual impact on the surrounding properties. The section of Thomas Nelson Highway between River Road (Rt. 6 West) and Irish Road (Rt. 6 East) is designated as a Scenic By-Way. Verizon Wireless is requesting a waiver of Section 20-7-2e to permit the metal pole to be located within the viewshed of this Scenic By-Way. Mr. Boger said the site is excellent for this tower and few trees will be disturbed by using the metal monopole.

Mr. Boger stated that Dr. Hambrick came to the Planning & Zoning office and expressed his concern about the location of the tower. He is an adjoining property owner and said he didn’t want to see the tower from his front door.

Ms. Schweller restated that Verizon Wireless is requesting approval of the tower and the special exception by the Board of Supervisors. They are also requesting a waiver of landscaping requirements since the tower will be located at the end of a 700 ft. driveway and the entire area is heavily wooded. When the balloon test was conducted, the tower was not visible from any angle.

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

Commissioner Russell made a motion to approve the tower and waiver of landscaping requirements and to recommend BOS approval of the special exception to tower location requirements, as stated in the following resolution

The Nelson County Planning Commission approves the application for Verizon Wireless to erect an 88 foot metal Class II communications tower on the property of John B. Young, Jr., identified as Tax Map #35-A, Parcel 75, 18115 Thomas Nelson Highway, Faber, Virginia, and grants a waiver of Section 20-7-5(k) with respect to landscaping requirements. Further, the Commission recommends that the Board of Supervisors approve a special exception to Section 20-7-2e concerning tower location.

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

Class III Communications Tower – Eades Hollow – Verizon Wireless

Mr. Boger reported that Verizon Wireless, represented by Lori Schweller, Attorney at Law, has submitted an application for a Class III 114 foot metal Communications Tower to be installed at 10777 Thomas Nelson Highway, Lovingston, Tax Map #58-A, Parcel 4, on property owned by Randy Daniel Perry. The applicant is also requesting a special exception from the Board of Supervisors to reduce the required setback of 142.5 feet to 20 feet. A balloon test was conducted which showed that the tower will be visible going north on Thomas Nelson Highway, but there would be minimal visual impact from other directions.

Ms. Schweller stated that Verizon Wireless is requesting the recommendation of the PC for BOS approval of the tower as well as two exceptions:
   1) Section 20-8-2 – Setback requirements to be reduced from 142.5 to 20 feet since the tower is designed to collapse within the property line.
   2) Section 20-8-3 – Distance between a Class II and Class II tower to be reduced from 2 miles to 1.5 miles.

Ms. Schweller added that the tower will be located in a heavily wooded area at the end of a long driveway going up a steep hill where a house site has been cleared. The closest property owners, Mr. and Mrs. Wayne Floyd, have stated by telephone that they do not object to the tower and where it is to be placed.

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

Commissioner Russell made a motion to recommend to the Board of Supervisors approval of the Class III Communications Tower and two exceptions, as stated in the following resolution :

The Nelson County Planning Commission recommends to the Board of Supervisors approval of the application for Verizon Wireless to erect a 114 foot metal Class III communications tower on the property of Randy Daniel Perry, identified as Tax Map #58-A, Parcel 4, 10777 Thomas Nelson Highway, Lovingston, Virginia. Further, the Commission recommends that the Board of Supervisors approve a special exception to Section 20-8-2 concerning reduction of the required setback from 142.5 feet to 20 feet and a special exception to Section 20-8-3 to allow the distance between a Class II and Class III tower to be reduced from 2 miles to 1.5 miles.

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

Other Business:

Comprehensive Plan – Mr. Boger is currently collecting County statistical information which will be used to update the CP. When this is available, the PC will use it to make recommendations to the BOS for revision to the Comprehensive Plan.

Mr. Boger reported that the Site Plan for Jerry Coffey (SUP #2008-006) was approved by Board of Supervisor Chair Tommy Harvey. Commissioners felt that the Zoning Ordinance was quite clear that the Planning Commission is responsible for site plan approvals.

Commissioners discussed whether conditions should be placed on site plans, subdivisions, etc. when they are requirements that must be met before final approval; i.e. health department approval, E & S approval, etc. This needs to be resolved with the BOS.

Commissioner Russell said that waivers and exceptions should be included in the legal advertisements for communication towers and Mr. Boger agreed. In two recent cases they were omitted from ads in error. Precautions are being taken to assure that does not happen in the future.

Board of Supervisor Liaison Report – Tommy Bruguiere – None

Adjournment
At 8:30 o’clock P. M., Commissioner Harman made a motion to adjourn and motion passed 5-0.

Next meeting: June 25, 2008

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
APPROVING THE FINAL
SUBDIVISION PLAT FOR GEORGE H. BRETT, II, AND SALLY

WHEREAS, Stuart R. Sadler, Attorney at Law, has filed a final subdivision plat with the Nelson County Planning Department on behalf of George H. Brett, II and Sally, to divide 43,414 sq. ft. into two lots, 22,075 sq. ft. and 21,339 sq. ft., respectively, identified as Tax Map #11Z1-A, Parcel 103, located on Shamokin Springs Trail, Chestnut Springs Section, Mountain Subdivision 16-A, 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 May 8 and 15, 2008; and

WHEREAS, on May 19, 2008, adjoining property owners were notified of the public hearing on this plat; and

WHEREAS, on May 28, 2008, the Nelson County Planning Commission held the required public hearing on said final 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 April 18, 2008, for George H. Brett, II, and Sally represented by Stuart R. Sadler, Attorney at Law, to divide 43,414 sq. ft. into two lots consisting of 22,075 sq. ft. and 21,339 sq. ft., respectively. Property is located on Shamokin Springs Trail, Chestnut Springs Section, Mountain Subdivision 16-A, Wintergreen, Tax Map #11Z1-A, Parcel 103.

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:     May 28, 2008

A RESOLUTION
APPROVING A
CLASS II COMMUNICATIONS TOWER PERMIT
FOR VERIZON WIRELESS TO ERECT AN 88 FOOT WOOD POLE
COMMUNICATIONS TOWER
AND WAIVER OF SECTION 20-7-5(k)
SITE NAME: MAYO CREEK

WHEREAS, Verizon Wireless, represented by Ms. Clare Novak, Consultant for Verizon Wireless, and Ms. Lori Schweller, Attorney, has filed a request with the Nelson County Planning Department for a Class II Communications Tower Permit pursuant to Article 20, Communication Tower Ordinance of the Nelson County Zoning Ordinance to erect an 88 foot wooden pole as well as a request for a waiver of landscaping requirements as stated in Section 20-7-5(k) of the Zoning Ordinance; and

WHEREAS, the proposed communications tower site is located on James River Road (Rt. 56), Wingina, Virginia, on property owned by Black Fox Hills, LLC, Tax Map #80-A, Parcel 32; and

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on May 8 and May 15, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on May 19 and 20, 2008; and

WHEREAS, on May 28, 2008, the Nelson County Planning Commission held the required public hearing on said application; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the applicant and citizens;

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

The Nelson County Planning Commission approves the application for Verizon Wireless to erect an 88 foot wood Class II communications tower on the property of Black Fox Hills, LLC, identified as Tax Map #80-A, Parcel 32, James River Road (Rt. 56), Wingina, Virginia, and as shown of the site development plan dated February 18, 2008. Waiver of the landscaping requirement in Section 20-7-5(k) is also approved.

Motion made by Commissioner: Linda Russell
                           APPROVED: __________________________
                           PLANNING COMMISSION CHAIR

Motion seconded by Commissioner: Michael Tapager

                           ATTEST: ______________________________
                           PLANNING COMMISSION SECRETARY
Motion Passed: 5-0
                           DATE: May 28, 2008
A RESOLUTION APPROVING A
CLASS II COMMUNICATIONS TOWER PERMIT
FOR VERIZON WIRELESS TO ERECT AN 88 FOOT METAL POLE
COMMUNICATIONS TOWER, WAIVER OF SECTION 20-7-5(k),
AND RECOMMENDING BOS APPROVAL OF AN EXCEPTION TO
SECTION 20-7-2e OF THE ZONING ORDINANCE
SITE NAME: BUCK CREEK

WHEREAS, Verizon Wireless, represented by Ms. Clare Novak, Consultant for Verizon Wireless, and Ms. Lori Schweller, Attorney, has filed a request with the Nelson County Planning Department for a Class II Communications Tower Permit pursuant to Article 20, Communication Tower Ordinance of the Nelson County Zoning Ordinance to erect an 88 foot metal pole, for waiver of Section 20-7-5(k), and for a recommendation to BOS for an exception to Section 20-7-2e, of the Zoning Ordinance concerning locating the tower within the view shed of a designated Scenic By-Way (Rt. 29); and

WHEREAS, the proposed communications tower site is located at 18115 Thomas Nelson Highway, Faber, Virginia, on property owned by John B. Young, Jr., Tax Map #35-A, Parcel 75; and

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on May 8 and May 15, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on May 19 and 20, 2008; and

WHEREAS, on May 28, 2008, the Nelson County Planning Commission held the required public hearing on said application; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the applicant and citizens;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:
The Nelson County Planning Commission approves the application for Verizon Wireless to erect an 88 foot metal Class II communications tower on the property of John B. Young, Jr., identified as Tax Map #35-A, Parcel 75, 18115 Thomas Nelson Highway, Faber, Virginia, and grants a waiver of Section 20-7-5(k) with respect to landscaping requirements. Further, the Commission recommends that the Board of Supervisors approve a special exception to Section 20-7-2e concerning tower location.

Motion made by Commissioner: Linda Russell
                       APPROVED: __________________________
                       PLANNING COMMISSION CHAIR

Motion seconded by Commissioner:    Michael Harman
                       ATTEST: ______________________________
                       PLANNING COMMISSION SECRETARY

Motion Passed: 5-0               DATE: May 28, 2008
A RESOLUTION
RECOMMENDING APPROVAL OF A
CLASS III COMMUNICATIONS TOWER PERMIT
FOR VERIZON WIRELESS TO ERECT A 114 FOOT METAL POLE
COMMUNICATIONS TOWER
AND EXCEPTIONS TO SECTIONS 20-8-2 AND 20-8-3 OF THE ZONING ORDINANCE
SITE NAME: EADES HOLLOW

WHEREAS, Verizon Wireless, represented by Ms. Clare Novak, Consultant for Verizon Wireless, and Ms. Lori Schweller, Attorney, has filed a request with the Nelson County Planning Department for a Class III Communications Tower Permit pursuant to Article 20, Communication Tower Ordinance of the Nelson County Zoning Ordinance to erect a 114 foot metal pole, and requesting recommendation to the Board of Supervisors for tower approval as well as exceptions to Section 20-8-28 and 20-8-3 of the Zoning Ordinance; and

WHEREAS, the proposed communications tower site is located at 10777 Thomas Nelson Highway, Lovingston, Virginia, on property owned by Randy Daniel Perry., Tax Map #58-A, Parcel 4; and

WHEREAS, a notice of the required Public Hearing by the Nelson County Planning Commission was published in the Nelson County Times on May 8 and May 15, 2008; and

WHEREAS, a notice to adjacent property owners was mailed on May 19, 2008; and

WHEREAS, on May 28, 2008, the Nelson County Planning Commission held the required public hearing on said application; and

WHEREAS, the Commission has considered the Planning Director’s report and comments from the applicant and citizens;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:
The Nelson County Planning Commission recommends to the Board of Supervisors approval of the application for Verizon Wireless to erect a 114 foot metal Class III communications tower on the property of Randy Daniel Perry, identified as Tax Map #58-A, Parcel 4, 10777 Thomas Nelson Highway, Lovingston, Virginia. Further, the Commission recommends that the Board of Supervisors approve a special exception to Section 20-8-2 concerning reduction of the required setback from 142.5 feet to 20 feet and a special exception to Section 20-8-3 to allow the distance between a Class II and Class III tower to be reduced from 2 miles to 1.5 miles.

Motion made by Commissioner: Linda Russell
                           APPROVED: __________________________
                           PLANNING COMMISSION CHAIR
Motion seconded by Commissioner: Emily Hunt
                           ATTEST: ______________________________
                           PLANNING COMMISSION SECRETARY
Motion Passed: 5-0                   DATE: May 28, 2008