Planning: December 22, 2004

December 22, 2004

NELSON COUNTY PLANNING COMMISSION
ZONING ORDINANCE PUBLIC INPUT MEETING
DECEMBER 22, 2004 ö 7:00 P. M.

Present: Michael Harman, Emily Hunt, Philippa Proulx ö Chair, Linda Russell, Valdrie Walker

Staff Present: Fred Boger, Planning Director, and Betty Fortune, Secretary

Call to order: Mrs. Proulx called the meeting to order at 7:00 P. M. and thanked the public for attending.   She announced that since the last meeting, the Planning Commission has been working on items that needed to be addressed. A handout titled ãHighlights of Nelson Countyâs Proposed Zoning Ordinance ö Zoning Districtsä was available for the attendees which gave a brief outline of the main points of each zoning district. Some of the items changed were:
ð   20-acre minimum has changed in Rural Farming District
ð   More options for smaller units
ð   Family subdivision of minimum of 2 acres added to ordinance

Mrs. Proulx reviewed the process for signing up to speak and the guidelines to be followed.   She stated the responses, while not given directly tonight, would be publicized via newspaper, website, etc.

Speaker #1 - Robert Barton ö Shipman ö Teacher at NCHS. Spoke of Thomas Jeffersonâs history ö building farm and family and democracy as being self-sufficient, self-reliant, and only possible in small communities. When needed, people called meetings and decided, as a community, what was best. People came from over the mountains from the Shenandoah Valleyand stayed for the beauty and community. The problem is that there is a lot of money to be made in the County ö itâs a place to get rich quick. People must think about what they have here and what they love. The problem of development must be addressed and people must reason together for the solution. Children of the County love Nelson County, and they will stay only if they want to ö only if those things remain. The County has it in their power to preserve those things dear to the County, and he implores people to work together.

Speaker #2 - Bill Flippin ö longtime resident of Tyro. Much progress has been made on the zoning ordinance since the first public hearing, but a few things still need work, i.e. minimum parcel site of 5 acres in R-F is still too large and regulations placed on larger parcels are too restrictive.   Itâs logical to build on the old ordinance rather than reinvent the wheel. He asked that the ordinance be kept basic and easy to understand.

Speaker #3 - Dorothy Seaman ö Roseland. Sheâs against the working draft as revised and frightened about what is happening. There is a need for future planning. Whatâs proposed makes Nelson not a place you can seek a future. Asked of the Commissioners: ãPlease donât ruin the town.ä

Speaker #4 - Susan Wiedman - Faber. Sheâs strong on wilderness and farming/forestry, which must be conserved. If overdevelopment is allowed, it will be a waste of the time and effort put into the Comprehensive Plan.   She stated: ãPlease preserve Nelson County.ä

Speaker #5 - John Saunders ö Tyro landowner and farmer. Heâs opposed to the ordinance as written. It would be better to go back to the old and change it. Itâs hard to understand ö it should be made simple. Itâs too restrictive. The Corridor Overlay is burdensome to businesses which would have to go before a review board. The minimum lot size of 5 acres is too big ö needs to be 2. Boundary line adjustments have not been addressed and needs to be. The entire ordinance is too restrictive, complicated and needs to be simplified.

Speaker #6 - Barbara Barton - Shipman. Supports the zoning ordinance. We have highly developed Madison Heights and Lynchburg to the south and Charlottesville to the north. There are tax implications and the Cost of Community Services Study done in 2002 found that communities pay $1.30/1.40 for every tax dollar collected. Open space only requires $.36. There are no water, sewer, educational, law enforcement, infrastructure costs, etc. The present ordinance lets people from outside the County come in, develop land, make money and leave Nelson tax payers with the costs. Nelson County is beautiful. Once open space is developed, we canât get it back.

Speaker #7 - Joyce Burton ö Greenfield. Thanked the Planning Commission for its hard work through the Comprehensive Plan and zoning ordinance preparation and thanked the PC for listening to what people are saying. People are willing to work in Charlottesville and live in Nelson County. With broadband capabilities over the electrical lines, more and more people will be able to work farther from town Growth is inevitable ö how it is done is the question. The Commission made the choice to develop land years ago in a cluster development and appreciates the foresight to develop intelligently.    Inheritances are not to be squandered. It is our responsibility to preserve our land for our children. Fortunes can be made and lost, but loss of land is forever. She appreciates a zoning ordinance which allows families to keep their land.

Speaker #8 - Vanessa Hale - Shipman. Thanked the Commission for work done on the ordinance and supports it completely.

Speaker #9 - Elizabeth VanDeventer - Lovingston. The core value of the ordinance is for the County and sheâs pleased to see that many regulations have been eliminated. Her questions are: Who will be in charge of development? Who will pay? Should there be no restriction on developing? Sheâs a native of Loudoun County which once stood where Nelson County is now. The County was devastated by uncontrolled growth. Nelson County is not Loudoun, but it sits between two large cities and should take lessons from Loudoun. People are afraid of regulation, but speculators in Loudoun bought land from under their noses and running them as farms for a few years and then develop them to their maximum capacity. How did this happen? There was nothing to stop it. Huge development companies are looking for large parcels of land. This ordinance puts control in the hands of citizens, not developers and land speculators.

Speaker #10 - Janet Hunter ö Schuyler. Sheâs aware of the pressure put on the County now, and spoke about the proposed 86-lot subdivision in the Dutch Creek area. If anyone thinks development isnât coming to Nelson County, their heads are in the sand. The developer had to act to get it in before the zoning ordinance was passed. ãPlease, move on the ordinance!ä

Speaker #11 - Larry Stopper - Greenfield. Expressed thanks to the Planning Commission and Board of Supervisors. Heâs a newcomer to Nelson County. Rockfish is pretty easy to figure out 30 years ago. Nellysford doesnât look the same ö thereâs a new school. The question is how to handle the change in growth thatâs turning the Rockfish Valley into a bedroom community for Charlottesville. Look at Crozet ö people are coming here there by the hundreds and it will happen in the Valley also without an ordinance to control it. He can understand why people in Montebello, Massies Mill and Gladstone would question why itâs needed since theyâre not along the main roads into Nelson, but heâs asking those neighbors to support the new ordinance to help control future growth in the entire County.

Speaker #12 - Deborah Harkrader - Greenfield. Expressed thanks for the time and effort put into the zoning ordinance which showed thought, consideration and compromise. It is essential to protect the landscape and peaceful character of Nelson County. Like 29 north of Charlottesville, there is pressure to develop land. Other similar projects will change the look of our County such as the recent HCA project or the subdivision at the start of the road to Wintergreen. The County will change drastically within the next 5 years. The problems will be: traffic, noise, services (fire and police), availability of water and sewer, trash collection and schools. All these cost money. The minimum lot size has been cut in half ö she prefers the 20 acre minimum lot size. Activities that occur on one piece of land affects other land nearby. The County should err on the side of caution and pursue conservation of land. She asked that the ordinance be passed as soon as possible.

Speaker #13 - Barbara Strauss ö Greenfield. Thanked the PC and BOS for hard work on the ordinance. She supports the proposed ordinance. Itâs important to have it as soon as possible. Developers are looking for land by proactively contacting property owners directly. She applauds the effort to develop tourism. Tourists come here to see the beauty of the County ö not 2 acre lots, strip malls and shopping centers. She asked that the PC approve the ordinance. She prefers a 20 acre minimum rather than 10 acre and appreciates the compromises.

Speaker #14 - Toni Ranieri. She has watched the zoning ordinance for years. Other communities that have done the hard work of planning are ahead of the game. Some commissioners have seen that land is valuable and want to protect it. Sheâs in favor of passing the ordinance as it is.

Speaker #15 - Stuart Harvey. Encouraged the BOS to pass the ordinance. The old one is 30 years old and was written for a different era. There is active development in Nelson. Land values are rising. Nelson County is the most costly County in which to build. The new zoning ordinance will do something for citizens, for PC and BOS. Judgment is required and when thereâs no more guidance than today, the County is open to litigation because of arbitrariness. The overall objective is increased appeal of the County to its residents. The time to do something is now.

Speaker #16 ö Grover Wade. Expressed thanks to the PC for its hard work and encouraged them to pass the ordinance. He lives on Laurel Road across from the proposed Dutch Creek Subdivision of 86 lots. The number of lots has since been reduced. He encourages the PC to pass the ordinance. If not, anyone will wake up and find a large subdivision next door. The ordinance will keep that from happening, with planned growth.

Speaker #17 ö Becky Wade- Laurel Road. The County is beautiful and must be preserved. The PC is urged to pass the ordinance.

Speaker #18 ö Nancy Boone ö Shipman. She came to the County because of the beauty and speciousness of the County. Changes will be made in the future and she encourages control through the zoning ordinance.

Speaker #19 ö ãDeenyaä Gantt ö Wingina. In the Historic Preservation Overlay District, the BOS will decide which property becomes ãhistoricalä and then it must come before the Review Board for permission to repaint, etc. All activities will require a certificate of appropriateness. She compared this with property designated by the Virginia Landmarks Register of Historic Places. Persons asking to have property included are not prevented by the government from making improvements to their property.   While State and Federal government knows best, Nelson County thinks it knows better. Itâs trying to micro-manage all property. She encourages the PC to eliminate these restrictions and simplify the ordinance.

Speaker #20 ö Robert McSwain ö Dutch Creek Lane ö His personal preference is much lower density.   Compromise is needed. The proposed ordinance is better than the existing zoning ordinance, and asked that it be passed.

Speaker #21 ö Andrew Gantt. (Statement is attached. )

Speaker #22 ö Stacy Burcin. (Statement is attached. )

Speaker #23 ö Glenn Simpson ö Shipman. He agrees with parts of the ordinance, but opposes others. It gives too much power to too few people. The fine print of the zoning ordinance tells what it will take to build a house in the County. The County is being taken away. The price of property is going so high no one can afford it Washington, D. C. is within 500 miles ö population is moving this way. The old ordinance is easier to follow ö no fine print.

Speaker #24 ö Susan McSwain. Quoted words from a 60âs song, ãYou donât know what youâve got Îtil itâs gone. They paved paradise and put up a parking lot.ä A little piece of paradise is in Nelson County.    The current zoning ordinance was written 35 years ago to expedite receipt of federal funds following a disaster, not to prevent inappropriate development of rural land.   She wants the County to be proactive. The current ordinance gives no protection against developers who would build without thought to traffic, sewer, water, etc. Itâs impossible to please everyone, but it will stop the ãpaving of paradiseä and that will please everyone who wants to keep Nelson County a rural county. She urged passing of the ordinance.

Speaker #25 - Patrick Olwell ö Greenfield. Has been a resident since 1977. Heâs in favor of the new ordinance. Development is a good thing, but not all development is good. He thanked all who worked on the ordinance and for the opportunity to speak.

Speaker #26 ö Arthur Wilson, III. Some compromise is taking place. The zoning ordinance is necessary to keep the County from becoming totally destroyed. What is the proposed timeline for the ordinance? What happens after tonight? If it goes to the BOS, will they vote on it? Will the public see the ordinance after fine-tuning by the PC? Some people speaking tonight are new citizens who have discovered the beauty of Nelson County without realizing that the County was developed by poor people who purchased hilly land because all the good land was taken. It seems the ordinance is taking that land from them and trying to circumvent the ability to pass land down to heirs. This process has been compromised.

Speaker #27 ö Joseph McMoneagle ö New Land Development.    Some things in the proposed ordinance he agrees with. Some things need to be changed. For example, in Rural and Farming District, manufactured homes should be removed and addressed by covenants in the subdivision itself. Open space is not addressed except with cluster subdivisions. A lot of the ordinance has problems. He canât support it as written. The Historical Overlay District is dictatorial.

Speaker #28 ö Warren Fitzgerald. In late 1600 & 1700s, most of Nelson County was awarded to a few people by land grants by the King of England. There was value in farming. The ordinance seems to be dedicated to taking away hillside property. The land is too steep. People speak fondly of moving here 30 years ago. They wouldnât have had services to call upon prior to the Nelson County flood 35 years ago. They came because of growth. He doesnât enjoy someone telling him that his buying of property then isnât as valuable as someone who buys it now. The ãgrandfather clauseä needs to be spelled out.

Speaker #29 ö ãDeeä Davis-Wells. (Statement is attached. )

Speaker #30 ö Peggy Lawhorne. The lot size requirement doesnât sound sinister. The Purpose and Intent states: ã·eliminate scattered residential uses on small lots demanding public services·.ä And ãResidential land uses which are not related to and supportive of active agricultural and forestry activities are not encouraged as a by right use within the R-F District.ä. In one place it says you can have it; in another, you canât. The working poor will not be able to live in Nelson County. Large landowners need restrictions, but theyâre not needed for the entire County. A lot of the ordinance is an attempt to put us in cluster communities. She supports the right to own their own home on their own little piece of land.

Speaker #31 ö Al Weed. If you drive through the County, you can see how much development has taken place. Growth is coming ö itâs inevitable. Mr. Weed grows grapes and has a winery. The property was purchased for $700/acre ö today itâs worth $10,000/acre. What the County offers is quality of life. If sold, the $10,000/acre would come, but the cost of providing services to roughly 20 houses would cause the County to shoulder the cost for schools, taxes, water, sewer, etc. In the ordinance there is an effort to limit density by increasing lot sizes. This may not be the most effective way. You could limit density by the number of dwelling rights. Affordable housing is the single most important concern. When growth occurs, all housing gets more expensive. The County is on the right track with the ordinance.

Speaker #32 - Don Burland ö Nellysford. Thanked the PC and BOS for time spent on the ordinance. He spoke in support and encouraged the PC to move forward on it ASAP. The Comprehensive Plan and zoning ordinance offer the opportunity to preserve the character of the County while itâs growing. He spoke of a similar situation he experienced in California before moving here.

Speaker #33 ö Tom Proulx ö Afton. Twenty-five years ago Greene County and Fluvanna County were developed by outside developers. Population has risen and taxes have risen for everyone. In Charlottesville, Greene, and Fluvanna, people are having to move because of the increase in taxes. The County has a chance to correct that.

Speaker #34 ö Leonard Burnley ö Shipman. Heâs a native of Nelson County. He cannot support the zoning ordinance. Itâs restrictive to poor people. Thereâs too much division between those who have and those who have not. The old zoning ordinance is working well with updating every 5 years. Heâs concerned about children in high school and where they will be able to work after graduation.

Speaker #35 ö Clemon L. Lawhorne ö Tyro. Owns property on Rt. 56 West and is concerned about the 500â Corridor Overlay. There are too many restrictions on the front of his property. If tourists canât navigate on an 80â right-of-way, he would prefer they tour someplace else. His family has always lived in Nelson County and has gotten by without unreasonable restrictions. Heâs worked hard, paid his taxes, kept his property neat and clean. The County doesnât need some special interest group to tell him what he can and canât do with his property. He urges PC to throw out the proposed ordinance and keep what they have.

Speaker #36 ö Wisteria Johnson - Shipman. She feels very emotional about the land. Her ancestors are here and her family is also. She supports major parts of the zoning ordinance and urges its passing as soon as possible. The ordinance is not perfect, but it prevents exploitation by developers that are in our land and on its borders. She wished everyone a happy holiday.

Speaker #37 ö Gary Graves ö Afton. He agrees that a lot of the changes need to be made, but is totally confused about his particular property. How does he get all the information he needs to make decisions? The information handed out tonight is more confusing. Where do citizens get information?

Speaker #38 ö Conny Roussos. He applauded a majority of the speakers who came before him, and had answers to several questions. (1) Isnât the current zoning ordinance good enough? Answer: It was developed to address Hurricane Camille aftermath. Charlottesville used to be a small town with little development, but things have changed. This County is changing also. (2) Why canât they patch up the existing ordinance instead of writing a new one? Answer: They should use the knowledge of others over the years. This ordinance is not a ãno-brainerä ö it must address many facets of development. There are few experts - use those we have. He would prefer to ignore the need for a new ordinance, but canât. A poorly planned development can cause dangerous traffic situations, septic systems that leak into wells, etc. We do need a new zoning ordinance. The Comprehensive Plan was developed and the zoning ordinance builds on it. The Planning Commission has shown good faith by making substantial changes in the original draft. Now they need to move forward and work out the kinks.

Speaker #39 ö Tom Eich ö Roseland. The process has been good since the Comprehensive Plan. There has been a lot of listening on the part of the PC following the first hearing and a lot of compromise. He applauds their efforts. Heâs in favor of the ordinance because itâs a legal requirement to have a zoning ordinance that fits the Comprehensive Plan and it needs to be done as soon as possible.

Speaker #40 ö Gordon Koerner ö Shipman. (Statement is attached. )
Speaker #41 ö Rob Rutherford - Elma.   He appreciates the hard work done on the ordinance. People have been working hard to get assets. A few services are available, but there are things the County doesnât do. Heâs amazed at how restrictive the zoning ordinance is ö itâs taking rights and taking land and using it for a purpose he doesnât understand. The ordinance will stop home based business such as teaching piano lessons to a dozen or more children. Heâs totally against 5 acre lots and 2 acre lots ö people canât afford much of a home if they have to purchase that much property. Five to ten acres would be a major problem for most citizens. He questioned whether setbacks can be met. If Charlottesville is such a great place, why are we trying to be so different?

Speaker #42 ö Jane Bibb - Arrington. She has long roots in Nelson County. Her father told her when she moved here from Danville that the County had gone backwards. Zoning is needed to control multi-family dwellings where everyoneâs home looks alike. She can see that on the horizon if action is not taken. Private land owner rights are another issue. The setbacks and overlay are camouflaged under the multiple dwelling purpose in the ordinance. Industrial guidelines are too restrictive. We need industry, done properly and in the proper place. Schools and churches are built to attract people to the County. Industry done properly is good. Something needs to be done about: minimum lot size, Corridor-Overlay, Historic Overlay, Industrial District by addressing them word-for-word. And that includes guidelines for hunt clubs.

Speaker #43 ö Peggy Lawhorne ö Tyro. She doesnât like the ordinance and asks that the PC not support it. This is our land, please let us have a say-so of what we can do with the land weâve bought and paid for. What gives the PC the right to tell us what to do with our land?

Speaker #44 ö Franklin Webb. Quoted: ãThe hand that rocks the cradle rules the world.ä He sees more ladies than men on the committee. What the PC is planning to push down our throats sounds good, but in the 50âs we had 16,000 people in Nelson County. Today there are 14,500. The ordinance discriminates against poor people. He would like to see the process reversed ö the Supervisors have the land and the County dictates to them. Those who approve of the zoning ordinance, let them sign up for rezoning of their property. Poor people cannot reach their obligations. Heâs against the zoning ordinance. When money is paid out to have a new ordinance, they have to do something. That should have been looked at before work started.

Speaker #45 ö Janet Morse - Arrington. Is opposed to zoning. People should have the right to do what they want with their land.

Speaker #46 ö William B. Edwards ö Afton Mountain. On the zoning map, there is a tiny strip above Rt. 610. Does that include the area immediately above the Inn at Afton?. He thinks the PC doesnât know there is a right-of-way 8 miles from Swannanoa. No one can build without his permission. Heâs handled this in court in Staunton. After this case was settled, developers moved from Afton Mountain to what is now known as Wintergreen. The Countyâs history is interesting. There is immense oil reserve in the Blue Ridge Mountains.

Speaker #47 ö John Flippin ö Massies Mill. Many who live here in Nelson County have been here all their lives. Many who spoke for the zoning ordinance moved here within the last 10 years and he resents it. The ordinance is a fear tactic. Subdivisions can be covered by the subdivision ordinance. He can support 1 acre lots, but not 5 acres. He opposes the proposal.

Speaker #48 ö Ed Flippin. Heâs opposed to the ordinance. Citizens have been good stewards of the land. He wants less government, not more.

Speaker #49 ö Beth Cunningham ö Shipman. The proposed zoning ordinance is too restrictive and too complicated and unfair to low income families.

Speaker #50 ö George Cunningham ö Shipman. He canât say any more than has already been said. Heâs against it.

Speaker #51 ö Carlton Ballowe ö Faber. (Statement is attached. )

Speaker #52 ö Janice Wilson ö Lynchburg, Nelson County property owner. Sheâs opposed to the preposterous ordinance. The PC needs to look at the original people who made Nelson County what it is today. She wants to keep Nelson rural ö doesnât want it to become Albemarle County.

Speaker #53 ö Mark Wilson ö Lynchburg, Nelson County property owner. He is opposed to the ordinance as it is now. Itâs too restrictive on land owners.

Speaker #54 ö Ron Enders. Has spent a short tenure on the BOS where they nominated a committee in the north district to address what the PC is addressing now. He wanted to personally thank the PC ö he knows how difficult this job is. People are speaking against change and the analogy applies that if you put a frog into a pot of water and gradually heat the water, the frog will stay in the water and be cooked to death. But, if you throw a frog into a pot of hot water, heâll jump out. The difference between old timers and new comers is that newcomers jump out of hot water. Old timers think the County has always been beautiful and thereâs no way to destroy it. Newcomers have been elsewhere and have seen what can happen. The current plan has not worked in the north district. No one talked about King George and Indians. If history is so important, where are the Indians? He supports the ordinance and wants it passed. He wants to use land in a protective way.

Speaker #55 ö Peyton Coyner ö Greenfield. His heritage goes back to the 1780âs. As a small child he played in the woods. He canât do that now in Waynesboro ö there are Wal-Marts, restaurants, $400,000 homes with no landscaping, etc. He moved to Nelson 35 years ago after Hurricane Camille when the zoning ordinance was developed. It was instituted with foresight and it has tried to accommodate the needs. Many people appreciate the work thatâs been done. He doesnât know if itâs all good, but urges its passing. We need to counteract the flood coming ö people from Charlottesville, Lynchburg and Waynesboro. We canât react to that ö we must plan for it. He appreciates all of the PC.

Speaker #56 ö Vickie Robertson - Montebello. Thanked the PC for their work on the ordinance. With the subdivision going in, everyone got scared to death. The subdivisions are in the subdivision ordinance. The overlays are not needed in historic areas. Sounds like the PC wants to form an elitist group with no gays, etc. to come in. The proposed ordinance is far too restrictive, too aggressive. The County has to control growth, but how will telling someone what style of housing, color of paint, etc. control growth? The PC doesnât need to dictate what type of lighting we can have ö itâs too heavy-handed. Donât tell us what kind of trees we can have. Ridiculous! If you want to keep someone from taking over your land, just donât sell it! Itâs too difficult and inhuman. Urged the PC not to put this through as is ö itâs wrong.

Speaker #57 ö Mitch Robertson ö Montebello. His father fought in World War II and he fought in Vietnam for freedom and rights. The PC hasnât convinced him to turn his rights over to them as a tax paying citizen. He opposes the ordinance as written.

Speaker #58 ö Chuck Strauss. Thanked the PC for what theyâve done. He had questions about: 1. Occupation ö what problems have occurred that caused the creation of this section? 2. The minimum lot size ö whatâs magic about 3 acres? That about lots that are smaller? They arenât addressed. 3. The Review Board for Corridor-Overlay. Is this a new board? 4. Why was Chapter 14 deleted? He has concerns about this. 5. Also questioned pages 247 (flags), 242 (30 day limits), 241 (8 sq. ft. signs), 3 (Purpose and Intent) Section   7-11. If this had been in force the abomination of Wintergreen would not have been approved. Why were outside consultants hired? Donât adopt this! Use the old and revise. The PC cannot take too much time to make these decisions.

Speaker #59 ö Sandra Hight ö Massies Mill. Sheâs opposed to the ordinance because it doesnât protect personal property rights.

Speaker #60 ö David Hight ö Massies Mill. He opposes the new ordinance ö it transfers freedom from citizens to government. He also opposes rapid development. Urges PC to amend the current ordinance. Solving the problems at Rockfish does not have to be at the expense of the rest of the County.

Speaker #61 ö Scott Hight. Young people are being forced out of the market of ownership because they canât purchase land here. He opposes the ordinance as written.

Speaker #62 ö James Angus ö Tye River. Loves Nelson County. Spent 20 years in the rat race of Washington, D. C. and recently bought 2 acres in Arrizona Subdivision and is glad to be able to come back to the County. Other people want to come home, but the PC has locked it up.

Speaker #63 ö Emmett Fox. Thanked the PC for the work on the ordinance, but is against it because itâs too restrictive. The ãgrandfatherä clause is not seen in the ordinance. He has one acre and the ordinance says he needs 20 acres to build. Where will he go if something happens to his present home? This is not addressed in the zoning ordinance. This leaves him out in the cold. The ordinance itself is too big for his brain to absorb. What about poor people who donât have access to 20-100 acres? More work is needed on the ordinance before itâs passed.

Speaker #64 ö Phyllis Ammons ö Shipman. Strongly supports the new ordinance.

Speaker #65 ö William Larry Bethea, Jr. The 10 Commandments are the basis of English law. They gives us the right to own property and protect our property. Property rights must be looked at. This is a County ö not a country club. The burden on the County for litigation would be tremendous if this becomes law. Lawyers could fill up subdivisions with opportunities to practice. Interpretations could change based on who reads it. He appreciates the time the PC has put into the ordinance and the time to speak.

Speaker #66 ö George Cheape ö Arrington. Normally heâs a happy go lucky person, but when it comes to government, he has become cynical. The problems he sees are: minimum lot sizes, setbacks, architectural review, and landscaping. He will send a list to the PC. He doesnât agree with property rights and is against the ordinance. When land is bought, it belongs to the owner, not the community you live it. They should be allowed to do what you want with your land as song as youâre not harming the environment and disturbing the neighbors. He doesnât like the tone of the ordinance ö it seems anti-business. Setbacks on Rt. 29 are restrictive. If based on tourism and nothing is done to get industry in the County, children wonât be able to live here. Heâs asking the PC to go back and review the old ordinance, redo the subdivision ordinance to make the developer pay, and then put it on referendum for a vote.

Speaker #67 ö Bruce Rutherford ö Shipman. Opposes the ordinance as well as the December 22 date for the hearing. When he went to war he had freedom. When he came back, his freedom was gone. The PC is not elected ö the BOS is elected. The zoning ordinance will be done the same way ö by election. Stay with the old and update it.

Speaker #68 ö Harry Powell ö Faber. When you look at the document, where is most of the ink going? How high should a boxwood be? Where can you park your RV? Where can your garage be placed? How many driveways can you have? Canât have outbuildings. Itâs restrictive on manufacturing. Bio-medical engineering companies require a Special Use Permit ö stupid! These are high dollar jobs. Definition was interesting for adult entertainment, cemetery definition is there, but airport is not, even though the ordinance says you can have one. Heâs not debating the number of acres, but things telling him how to locate things on his property are none of the Countyâs business and he bitterly resents it.

Speaker #69 ö Gail Troy ö Dutch Creek. She appreciates the PC hearing the comments and appreciates people coming out. Revisions have been made and have taken care of some of the problems already identified. She was happy with the first draft, but likes compromise. It may have to be done several more times.   With a 30-year ordinance, after a while you can tinker just so much.

Speaker #70 ö Jim Troy ö Dutch Creek. There will be accelerated growth in Nelson County. He commends the PC for their foresight. The public must look past restrictions and look at protection for the community. Heâs in favor of the ordinance.

Speaker #71 ö Ct«a DeLaurier ö Shipman. She has read the proposed zoning ordinance and supports it, although imperfect. She appreciates the efforts of the PC. She understands country living and is afraid that without a zoning ordinance those things will cease. Sheâs lived in other places ö Nelson County is where itâs at. ãPlease pass the zoning ordinance.ä

Speaker #72 ö Sandra Beard ö Lake Nelson. She moved to North Carolina and then back to Nelson to simplify her life. She grew up in Tyro. Her mother should have the right to do what she wants with her property. Mr. Boger said itâs state law that you have to have 2 acres to build a house on. She talked with the Attorney Generalâs office and was told you can build on as much or as little land as you wish. She should be able to sell as little land as she wants. Weâre fighting in another country for freedom ö the Planning Commission is taking away our freedom. She suggested citizens call the Attorney Generalâs office, Division of Legislative Services. She opposes the zoning ordinance.

Speaker #73 ö John Purvis ö Shipman. Today is his birthday! He owns 400 acres and is opposed to the ordinance. He thanked the PC for the work put into the ordinance, but it needs more work. Go with the old ordinance and work on it.

Speaker #74 ö John Parr ö Roseland. Heâs opposed to the proposedordinance. Whatâs been done is a big help in the right direction. The PC still needs to take time to make more changes. Heâs in favor of a zoning ordinance and wants to see the County stay as it is and not have radical changes in growth. More input is needed from people in the County in the workshops.

Speaker #75 ö Vance Wilkins. He understands both sides of the issue.   Wants to preserve the beauty and character of the area. The burden should not fall on the land owner. There are many ways to preserve open space. The Valley Conservation Council conserves open space, especially in Augusta County. He urges the PC to be careful not to confiscate property without compensation, which is unconstitutional. They need to find a way to work together to accomplish a common goal and encourage preservation of land. People want to act quickly before the ordinance is passed which convinces him something is wrong with what the Commissioners are doing.

Speaker #76 ö Doug Long ö Stevens Cove. A local attorney friend recently said, ãThe ideal zoning ordinance would let me to do anything I want with my land, but prevent my wicked neighbor from doing anything at all with his.ä The recurring theme of the ordinance is the evil outside developer. This is a nameless, faceless threat. Wintergreen was created by outside speculators and developers and not many people think Wintergreen has been bad for the County. He doesnât think this ordinance is in the best interest of the County ö itâs overweight, unfathomable, and unwieldy.

Speaker #77 ö Charles Tanner, III. He doesnât support or oppose the ordinance. Nelson County is as close to heaven as youâll get on this earth. The County should protect big development. Some big developers will take advantage. Protect the rights of existing property owners and the diversity of people in the County. The County is on the verge of losing its independence due to loss of manufacturing. Everything should be done to support it.

Speaker #78 ö Walter Bittorf. The will of the people is not being accomplished with this zoning ordinance. Minority activists are trying to push this down peoplesâ throat. Itâs straight forward arrogance. Arrogance is not what you were elected for. Heâs in total opposition.

Speaker #79 ö Carol Wise ö Shipman. Thanked the PC for the hard work on complex issues. Sheâs in support of the ordinance. Itâs imperfect, but it protects the rural character of Nelson. With a plan, the County can manage where and how growth occurs ö without one we will be at the whims of developers.

Speaker #80 ö Theresa Frasier ö Shipman. She opposes the ordinance as it stands. Some changes were made and she thanked the PC for the effort. Still opposes it.

Speaker #82 ö Morris Barrett ö Shipman. It sounds like a 50-50 oppose/approve. He applauds the hard work of the PC and urges them to keep at it. He opposes the ordinance.

Speaker #83 ö James D. Slaughter. Handed out document titled ãHunt Clubs and the Uncertain Meaning of ÎCommercialâ and ÎOpen to Publicâ ã   Some things within the ordinance do not have a proper definition. In particular, ãcommercial.ä The ordinance, if passed, is setting up all hunt and other clubs in Nelson County illegally. The definition is not addressed and is wide open to interpretation. We need an ordinance and he will support it if itâs the right ordinance.   People have moved in. Now that theyâre here, they donât want anyone else here. A referendum would be a good way to decide on the ordinance. A statement in the Comprehensive Plan says that the ordinance ãhas to be reviewed, not that it ãhas to be rewritten.ä

Speaker #84 ö Steve Kendall. He hopes the timing of tonightâs meeting was dictated by the issues. Heâs opposed to the ordinance, but is ãforä planning and zoning. The issue is the document. It was not made by the PC or BOS, but was pieced together with things from different places. Itâs been fixed some, but it needs to be gone through item by item to see what needs to be in the ordinance. Orange County chose to write their own document because the people of the County knew what was best. Nelson County is not D. C. and not California. Itâs not going to develop as rapidly as they say. He suggests taking the old ordinance and working with and building on it. The new ordinance is out of touch with the real people of Nelson County.

Speaker #85 ö Dave Miller ö Lovingston. Thanked the PC for listening tonight. The proposed zoning ordinance is not the answer. Years ago we thought building a new school was the answer, but maintaining what we had was also important. The new proposed zoning ordinance will not necessarily solve the problems. Look at the old one and revise it. Itâs good to listen to the public. Heâs willing to work with the PC. Time and money spent could have been done in a better way. Look at the previous ordinance and update it.

Speaker #86 ö Joe Lee McClellan. Thanked the PC for listening. He was opposed to the old ordinance. Thereâs talk of removing trailers, but people have to start somewhere. There were 13 honky-tonks in Nelson County when he moved to Lovingston. Times have changed. Revise the present ordinance and update it. Make developers pay for what they cost the County.

Speaker #87 ö Bo Delk ö Lovingston. Thanked the PC for work on the ordinance ö extra meetings which gave people time to come and listen. The problem is that there is no way of knowing zoning of the property he owns. Itâs located on Callohill Drive ö M-2 ö and the colors on the map are confusing. Zoning maps in the zoning office and new zoning maps are different. Which zoning is correct? Will peoplesâ property change before they know it? This must be looked at! Mr. Delk stated that he didnât appreciate people not following the speaking and listening guidelines. It caused the meeting to be longer than necessary.

Speaker #88 ö Don Robertson. He attended the meeting on September 22 and has followed the subsequent activities with the help of Rural Nelson. Consultants for the first ordinance must have been joined at the hip with those who donât want the by-pass around Rt. 29 in Charlottesville. This is not needed in Nelson County. The ordinance is micro-managing every inch of property. For example, on RVs there are restrictions in plugging into a public utility, i.e., electricity, water heater, etc. which needs to be connected to 120 volts. Some use RVs for back-up and some for guest quarters and they must have electricity and water. Comments say that if you donât like your existing zoning, apply for a variance. This is work for lawyers. The County needs a zoning ordinance. The PC has done a tremendous job so far, but more work is needed.

Speaker #89 ö Curtis Painter ö Roseland. He doesnât want to see the County change. The current ordinance has too many regulations on people of the County.

Speaker #90 ö Andy Wright ö Dutch Creek. He spoke on behalf of 14 other landowners are in the Dutch Creek Agricultural/Forestal District. He urges the PC to approve the ordinance. Itâs not perfect, but itâs important that the County adopt an ordinance in support of the Comprehensive Plan.   A major concern is protection against unconstrained development. A recent development of 86 lots was proposed. Thereâs nothing in the current zoning ordinance to prevent this. After hearing the details, many problems were found, including a boundary dispute. The developer stated that since it was ãonly Nelson County,ä he thought he could get it approved. The ordinance will prevent this. The medium sale price for a home in Nelson County is $232,000. This is an increase of 36% over last year, second only to Albemarle and higher than Louisa, Greene, and Fluvanna. Charlottesville has been chosen as the best place in the nation to live and Nelson is right next door. He asked that the ordinance be approved in order for Nelson to remain a rural county.

Speaker #91 ö Philip Purvis. Before a recent meeting at the Courthouse, he didnât know what the Comprehensive Plan was and others didnât know either. At that meeting, a member of the BOS commented that, based on the number of negative comments being made about the zoning ordinance, that maybe we have the wrong kind of Comprehensive Plan. The people with the most to lose are those whoâve been here for generations. They will be affected by the size of lots, maintenance of property, etc. Heâs opposed to the ordinance. He appreciates the document, but it should be updated and deal with subdivisions.

Public hearing was closed at 10:20 when all speakers had been heard. Mrs. Proulx announced that comments and concerns will be addressed in the near future. There is some misinformation that needs to be cleared up and also parts of the ordinance that still arenât clear. Mr. Vance Wilkins had some parting words about ordinance activities in Loudoun County and how Nelson County could be a repeat of what happened there. If the ordinance is too restrictive, the best idea would be to step back and take time to address all the issues.

Mrs. Proulx gave an overview of the process up to and from this point forward. The BOS passed a Resolution instructing the PC to give them a draft of the zoning ordinance within 60 days. There will be another hearing probably in January which will be published in the paper. The PC will discuss on December 29 how questions from tonight will be addressed. After the required hearing, the PC will make recommendations to the BOS, who will make changes, etc. and decide if another public hearing is necessary. Another postcard will also be sent announcing the next public meeting.

Dr. Walker made a motion to adjourn at 10:25, Ms. Russell provided the second, and motion passed 5-0. Mrs. Proulx thanked everyone again for coming to the meeting.

Respectfully submitted,

Betty Fortune, Planning Secretary