PLANNING COMMISSION
Wednesday, August 26, 2009

Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Tapager, Ms. Linda
Russell and
Mr. Tommy Bruguiere (Board Liaison) – Absent: Mr. Mike Harman

CLASS II COMMUNICATION TOWER/AT&T – The applicant has applied for a permit
to construct a 95-foot steel painted pole and associated equipment with a
requested special exception to Section 20-7-2a to reduce the minimum
distance of 125% of the tower height to the nearest property line in order
to locate the tower closer to the tallest trees on the property. The
property is located on Stage Road in Colleen (off Cooperative Way).
Consideration of this application was deferred from the July meeting to
allow the applicant to provide additional information.

Mr. Boger reported that the E&S Plan has been submitted to TJSWCD and is
pending review and approval; staff has received a letter from an engineer
regarding the tower collapsing upon itself; and the tower plans have been
resubmitted addressing each deficient issue. Ms. Katie Carmichael,
representing the applicant, provided the dimensions of the antennae and
noted that the tower foundation will be designed based on the break point
and soils work, and incompliance with the directives of the Building
Official.

Commissioners voted 5-0 to approve the tower and recommend that the Board of
Supervisors approve the special exception as requested.

CONDITIONAL USE PERMIT/THOMAS & KATHERN ROBERTSON – The applicants have
applied for a permit for an existing cabin on their property located on
North Fork Road (Rt. 687) in Tyro to be used occasionally for a weekend
getaway. The cabin will have electricity but no water or septic system. The
Health Department has approved a privy site on the property. With no public
comment, Commissioners voted 5-0 to recommend approval of the permit with
the condition that proof that the required restrictive covenant limiting the
occupancy of the cabin to 180 days per year has been placed on the property
before a building permit for the electric service can be issued.

SPECIAL USE PERMIT/JEREMY & CYNTHIA KENNEDY – The applicants have applied
for a permit to operate a public garage for automotive repair on Taylor
Creek Road (Rt. 633) and Greenfield Road (Rt. 635) in Afton. The property is
zoned Agricultural A-1. Mr. Boger reported that the applicants have
submitted a preliminary site plan showing an addition to the existing garage
building resulting in a 60’x30’ building. An enclosed 30’x65’ fenced lot at
the rear of the existing garage building is proposed for vehicle storage.
Mr. Boger said that there is a question as to whether the applicant can
plant the proposed screening trees along Greenfield Road due to the CVEC
electric transmission line in that area.

Mr. Boger said that there is a question as to whether the applicant can
plant the proposed screening trees along Greenfield Road due to the CVEC
electric transmission line in that area. Mr. Boger noted that access to the
business was originally planned from Taylor Creek Road but it now appears
that VDOT will require a commercial entrance off Greenfield Road. Final
approval is pending on the entrance. The applicant will have to obtain a
right-of-way across his mother’s adjoining property in order to locate the
commercial driveway in the proposed location. The property is zoned A-1 with
surrounding properties similarly zoned with flood plain on a number of them.
The existing land uses in the area include residential, agricultural and a
welding shop. Mr. Boger reported that the State Building Code will require
Mr. Kennedy to install a paint booth in the garage for the painting of
vehicles.

Mr. Boger said that the Commission could consider applying several
conditions to minimize any impact on the community, including:

1. Limiting the number of vehicles on the site at any one time;
2. Requiring all vehicles being worked on or waiting to be worked on
to be stored either in the shop or within the enclosed storage area;
3. Storing all scrap metal, parts, trash and inoperative vehicles
within the enclosed area;
4. Using no outside lighting; and
5. Restricting the hours and days of operation.

Mr. Boger also reminded the Commission that the Zoning Ordinance provides
guidelines and standards to consider in deciding if the permit should be
approved:

12-3-6 In the governing body’s consideration to grant, deny or grant
conditionally a Conditional Use Permit or Special Use Permit, the governing
body shall consider the following guidelines and standards:
a) The use shall not tend to change the character and established
pattern of development of the area or community in which it proposes to
locate;
b) The use shall be in harmony with the uses permitted by right in
the zoning district and shall not affect adversely the use of neighboring
property.

Mr. Jeremy Kennedy said that he has tried to plan for screening but does
have an electric easement running through the property. He said that the
commercial driveway will take up about ½ acre of land under the powerline.
Mr. Kennedy said that he is not trying to cause problems for his neighbors
and is willing to follow the guidelines with any restrictions. He said that
he is not sure why some think the business would have a negative effect on
the community. Mr. Kennedy said that he would have business hours
Monday-Friday 8am-5pm with motion-sensor lighting only for security and
would not have a major sign. He said that he has spent more money than he
had to trying to hide the building and make it fit in. He said that he is
not planning to operate a towing service and would not be working on
anything larger than autos and pickups.

During public comment, MR. WILLIAM STEVENSON who lives across the road, said
that the permit for a public garage would allow any kind of mechanical use.
He said that he is sure Mr. Kennedy means what he says right now, but
businesses grow. Mr. Stevenson said that the Commission can put conditions
on the permit but the Board of Supervisors can and often does remove those
conditions. He asked that the Commission not approve the permit.
MR. VICTOR STEFANOVIC, Taylor Creek Road, said that he is concerned about
having a commercial outfit with high traffic and a high number of cars
eventually accumulating on the property. He said that the neighborhood is an
agricultural area and he would like to preserve that. Mr. Stefanovic said
that he is concerned with the changes that will come to the area after the
garage is fully operational. He said that he is also concerned about the
contamination of the groundwater and the inability to include screening in
the plan.
MR. DAVID LARUE, Taylor Creek Road, said that he is sure Mr. Kennedy has
good intentions but that he does not know about the planning that has gone
into this. He said that he is worried about groundwater contamination,
traffic and destroying the gateway to Taylor Creek.
MS. LYNN STEVENSON, who lives across the road, said that the area is zoned
agricultural but is basically residential with a few horse and cattle farms.
She said that the business would have a negative impact on the neighborhood,
with the commercial driveway having a tremendous negative visual impact. Ms.
Stevenson said that the lay of the land means that any cars stored on the
property will be visible. She expressed concern that wrecked vehicles have
the potential to contaminate the property and potentially the creek lower on
the property. She said that the operation would be better suited to a more
commercial area of the county.
MR. GEORGE NICKLAS, Taylor Creek Road, said that he had been supportive of
Mr. Kennedy’s initial request to the BZA for a “hobby shop” to work on a
vehicle or two but is opposed to the business subject to this permit. He
said that he is not opposed to the Kennedys – just the application. Mr.
Nicklas said that he is worried about the impact on his property directly
across Taylor Creek Road and said that he would be directly affected. He
said that he has questions and concerns specific to the site but his primary
concern is visual. He said that he does not believe the visual impact can be
dealt with given the topography of the site with a rise of nearly 100
vertical feet from Taylor Creek to the entrance. Mr. Nicklas said that the
site will be highly visible as the first impression as you turn onto Taylor
Creek Road. He said that he knows that this is not what the Kennedys want,
but that it is the reality of the day-to-day operation of this kind of
business. He said that he cannot find a compromise solution given the
specific site and asked that the Commission consider Section 12-3-6 and
recommend denial of the permit.

Following the Public Hearing, Ms. Kennedy said that there are state and
federal agencies to monitor any environmental impacts. She said that they
made certain the addition would fit into the area and that cars will not be
seen because of the screening and fencing. She said that if the business
outgrows the area, it will have to go elsewhere. Ms. Kennedy said that the
commercial driveway will be paved off the main road and then gravel from
there.

Ms. Proulx said that she would like more time to consider the public comment
and to verify whether VDOT is going to approve an entrance to the site. Ms.
Hunt and Ms. Russell agreed. Mr. Bruguiere asked whether this has to have a
full site plan and E&S plan. Mr. Boger said that a full site plan will be
required and that an E&S plan would probably be required too. Mr. Bruguiere
said that there are already a lot of environmental restraints on this type
of business and there will be fencing and screening. He said that this is an
excellent opportunity for a young couple to get into business in the county
and that the county can limit the number of vehicles and require screening.

Mr. Kennedy said that there are always concerns about the paint but that in
2010, water-based paints will be mandatory. He said that any other solvents
used will, by federal law, be trucked off the site. He said that he will be
meeting all requirements for the paint booth and that there will be no
runoff from the shop. Mr. Kennedy said that this is a startup business for
him. said he saHe said that if he needs to expand, he will buy a commercial
property.

Commissioners voted 5-0 to table further discussion until their regular
September meeting.

CONDITIONAL USE PERMIT/MS. BONNIE LANG – The applicant has applied for a
permit for a 20’x20’ family-recreation cabin to be located on Eagle Mountain
Drive (Rt. 648) in Shipman. The cabin will have electricity but no water at
this time. Mr. Boger noted that a septic system will be required if water is
installed for the cabin, that the Health Department must approve the method
to be used to handle sanitary waste, that VDOT reports no problem with an
old existing entrance to the property, and that a restrictive covenant will
be required if approved.

With no public comment, Commissioners voted 5-0 to recommend approval of the
permit with the condition that proof that the required restrictive covenant
limiting the occupancy of the cabin to 180 days per year has been placed on
the property before a building permit can be issued.

PROPOSED ZONING ORDINANCE AMENDMENT/SECTION 14-2-4 – With no public comment,
Commissioners voted 5-0 to recommend approval of an amendment to the section
regarding the Board of Zoning Appeals’ consideration of variances to remove
the phrase, “approaching confiscation” as part of the standard for
demonstrable hardship.

PROPOSED ZONING ORDINANCE AMENDMENT/ARTICLE 2 DEFINITIONS – With no public
comment, Commissioners voted 5-0 to recommend approval of an amendment to
remove the numbering scheme from the definitions and facilitate a more
efficient way of adding future definitions alphabetically.

PROPOSED ZONING ORDINANCE AMENDMENT/ARTICLE 14-1-1 – With no public comment,
Commissioners voted 5-0 to recommend approval of an amendment to Section
14-1 Board of Zoning Appeals membership and organization to add one
alternate to the membership and to allow for compensation for Board members
as may be authorized by the governing body (Board of Supervisors).

PROPOSED SMALL WIND ENERGY ORDINANCE – Commissioners reviewed the final
draft and directed staff to forward on to the Board of Supervisors with
their recommendation for approval (as voted at the August 6, 2009 work
session).

PROPOSED AMENDMENT/DAM BREAK INUNDATION ZONES – Tabled for a work session
with Mr. Payne (County Attorney).

PROPOSED AMENDMENT/LOT SIZES IN A-1 WITH PUBLIC WATER AND/OR SEWER –
Commissioners agreed to draft language as follows:

Article 4. Agricultural District, A-1
4-2-1b For single family dwellings utilizing Nelson County sewage
disposal systems, the required area for any such use shall be
thirty-thousand (30,000) sq. ft.
4-2-1c One two-family detached dwelling unit per lot with minimum lot size
of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage
disposal system

Article 5. Residential District, R-1
5-2-1b For single family dwellings utilizing Nelson County sewage disposal
systems, the required area for any such use shall be thirty-thousand
(30,000) sq. ft.
5-2-1c One two-family detached dwelling unit per lot with minimum lot size
of thirty thousand (30,000) sq. ft. if it utilizes the Nelson County sewage
disposal system

Commissioners directed staff to advertise for public hearing at their
regular September meeting.

WORK SESSION – Commissioners directed staff to schedule a work session for
either Thursday, September 3rd or Tuesday, September 15th to meet with the
county attorney and continue work on proposed amendments and ordinances.

Meeting adjourned.

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