Board Of Supervisors – Minutes : 5.11.10

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BOARD OF SUPERVISORS

Tuesday, May 11, 2010

PRESENT: Ms. Connie Brennan, Mr. Joe Dan Johnson, Mr. Tommy Bruguiere, Mr. Allen Hale and

Mr. Tommy Harvey

CONDITIONAL USE PERMIT/KOSCHARA: Supervisors voted 5-0 to approve the transfer of a permit issued in 1977 for an airstrip in Edgewood Subdivision in Nellysford from Mr. J. Koschara to Mr. and Mrs. Ronald King. All other conditions related to use of the airstrip remain in effect.

PROPOSED AMENDMENT/ARTICLE 10 GENERAL FLOOD PLAIN DISTRICT: Mr. Boger reviewed the proposed amendment developed using the state ordinance as a template. He noted that the new FEMA maps and regulations go into effect whether the county adopts the amendments or not. Mr. Bruguiere said that he has a hard time with the federal government putting people in the flood plain who never were before, but said that there is nothing the county can do about it. Supervisors voted 5-0 to adopt the ordinance as presented.

TJPDC RURAL TRANSPORTATION PLAN: Supervisors voted 3-2 (Mr. Harvey and Mr. Bruguiere voting no) to adopt the Planning District long-range transportation plan for the county, changing VA 658 (Tye River Road) from VA 721 to VA 739 from low priority to high priority.

COUNTY PRIMARY ROAD PRIORITIES: Supervisors voted 5-0 to direct staff to submit the following priorities to the VDOT Commonwealth Transportation Board:

1. Rockfish Valley Highway (Rt. 151) at the intersection with Greenfield Road (Rt. 635)

2. River Road (Rt. 6W) at intersection with Old Roberts Mountain Road (Rt. 634)

3. Laurel Road (Rt. 639) at intersection with Irish Road (Rt. 6E)

4. Richmond Highway (Rt. 60) at intersection with Allen’s Creek Road (Rt. 622)

5. Spruce Creek Lane (Rt. 627) at intersection with Rockfish Valley Highway (Rt. 151)

6. River Road (Rt. 6W) at intersection with Rockfish Valley Highway (Rt. 151)

7. Front Street (Business Route 29)

8. Rt. 56 Extension, Lovingston

9. Patrick Henry Highway (Rt. 151) at the Y intersection with Tye Brook Highway (Rt. 56)

10. Rockfish Valley Highway (Rt. 151) at intersection with Rodes Farm Drive (Rt. 613)

11. James River Road (Rt. 56E) at intersection with Findlay Mountain Road (Rt. 647)

FY11 BUDGET: Supervisors agreed by consensus to the following:

1. Reinstate funding for MACAA for Project Discovery $7,660

2. Fund $277 for senior meals at Rockfish Valley Community Center (with $9,351 remaining in RVCC senior meals funding from this budget year, the additional funding will level fund that program)

3. Retain funding for two public safety vehicles in the budget with funding for one additional vehicle in the Contingency Fund (actual vehicle purchases to be determined based on whether a grant application for funding is successful)

4. Fund the cost of materials for the DARE Program with the Sheriff using resource officers for the program

Supervisors directed staff to advertise the proposed FY11 budget for public hearing at their May 27th meeting.

SPECIAL USE PERMIT/MS. HELEN PARK: The applicant applied for a permit to operate a public garage for the indoor, long-term storage of automobiles on property located at the corner of Rt. 29 and Morse Lane in Arrington. The property is 5.28 acres and zoned Agricultural A-1. On April 28th, the Planning Commission recommended approval of the permit for indoor storage only with two conditions: 1) no mechanic work done on vehicles on the site; and 2) no outside lighting without the approval of the Planning Director. With no public comment, Supervisors voted 5-0 to approve the permit with two conditions: 1) no outside storage of vehicles and 2) any outside lighting has to be approved by the Planning Director. Mr. Harvey said that the condition that there be no mechanic work done on site should be removed as what goes on inside the building does not matter.

REZONING/VITOS RESTAURANT: The applicant has applied for a rezoning from Agricultural A-1 to Business B-1 for the .33-acre property located at 8181 Thomas Nelson Highway to permit the construction of an 8×8 vestibule and two handicap ramps on the front of the existing building. The property is nonconforming in that it has a front yard setback of 35 feet instead of the required 50 feet. Mr. Boger noted that there is a mix of zoning in the area, including Industrial M-2 and Agricultural A-1, although the Comprehensive Plan designates the area as light industrial/mixed commercial. He also reported that the Planning Commission is discussing rezoning that area along Rt. 29 to B-1 to reflect what is actually there.

With no public comment, Supervisors voted 5-0 to approve the rezoning to B-1. Mr. Harvey said that there is mixed use everywhere in the county and rezoning that area would be wrong.

CONDITIONAL USE PERMIT/DR. BYRD LEAVELL: The applicant has requested a permit to establish a corporate training center to be known as The Wayside Center on 24.460 acres at 1100 Mill Pond Road in Faber. The plan includes overnight accommodations for 24 in the existing 4-bedroom, 2.5 bath house; five yurts (a semi-permanent tent); and parking. Primitive camping would be allowed in the meadow on the property with the field occasionally used for recreational purposes. Mr. Jeff Winder, representing the applicant, said that the property has now been legally transferred to Dr. Leavell’s daughter, Virginia Leavell. Mr. Boger said that yurts cannot be considered as residential dwellings but can be built to the same standards as seasonal cabins.

During public comment, Ms. Kim Cash, Montebello, said that she does not oppose the proposed use but questions whether multiple yurts or cabins could be constructed on one parcel of land. She suggested that the term lodging as allowed under the definition of corporate training center should be defined as the use could be a way of getting around the seasonal cabin ordinance that allows only one cabin on a parcel.

Mr. Harvey said that he thinks a change of ownership in the middle of the process requires restarting the process. He also said that lodging should be defined for a corporate training center. Supervisors voted 4-1 (Mr. Harvey voting no) to approve the permit for the corporate training center with the one yurt to be used for meetings. They directed staff to consult the county attorney regarding the change of ownership and to examine the issue of defining lodging under the corporate training center use. Mr. Harvey said that he did not see the reason for the rush to approval with the question of the legality of the change of ownership pending.

VADHCD-CDBG LOCAL INNOVATION GRANT PROGRAM: Mr. J. P. Harvey, Roseland, said that the county is in desperate need of high-speed internet. Supervisors voted 5-0 to authorize staff to submit a grant application for funding for the Community Broadband Network Project.

Meeting adjourned.

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