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Planning Commission Work Session 1.7.09

PLANNING COMMISSION WORK SESSION
Wednesday, January 7, 2009

PRESENT: Ms. Philippa Proulx, Ms. Linda Russell, Mr. Mike Tapager, Mr. Tommy
Bruguiere
ABSENT: Ms. Emily Hunt, Mr. Mike Harman

FAMILY SUBDIVISIONS – Commissioners considered amendments to Section 3-2 (4)
to read (proposed changes in all caps):

“A single division of a tract or parcel of land for the purpose of sale or
gift to a member of the immediate family of the property owner if: (i) THE
PROPERTY OWNER AGREES TO PLACE A RESTRICTIVE COVENANT ON THE SUBDIVIDED
PROPERTY THAT WOULD PROHIBIT THE TRANSFER OF THE PROPERTY TO A NONMEMBER OF
THE IMMEDIATE FAMILY FOR A PERIOD OF FIVE (5) YEARS. Any parcel thus
created having less than five (5) acres shall have a right-of-way of no less
than thirty (30) feet wide providing ingress and egress to and from a
dedicated recorded public street. Only one such division shall be allowed
per family member, and shall not be for the purpose of circumventing this
ordinance. For the purpose of this subsection, a member of the property
owner’s immediate family is defined as any person who is a natural or
legally defined OFFSPRING, STEPCHILD, SPOUSE, SIBLING, GRANDCHILD,
GRANDPARENT, OR PARENT OF THE OWNER.”

In addition, Commissioners considered changes to Sections 4-2 and 4-2-1 of
the Zoning Ordinance to change references to “division rights” to “lots”.
Proposed language of “A family division pursuant Appendix B, Section 3-2, A
(Subdivision Ordinance) of the Code of the County of Nelson, Virginia 1989
as amended is exempted from the provisions of the above table.” was deleted
from the draft under consideration. Commissioners also agreed to a draft
amendment to the definition of “Subdivision” for both the Zoning and
Subdivision Ordinances to read, “A parcel of land which has been subdivided
into smaller parcels or lots for the purpose, either immediate or future, of
transfer of ownership or building development. The term ‘subdivision’
includes ‘family subdivision’ and ‘resubdivision’, when appropriate to the
context, shall relate to the process of subdividing or to the land
subdivided.”

SEASONAL DWELLINGS – Commissioners considered a proposed amendment to add
Section 2-35a (Cabin*) a single, permanent dwelling unit which may or may
not contain cooking and/or bathroom facilities dedicated to temporary
occupancy for purposes of recreation, education or vacation. Rental
properties meeting the above description shall be considered (cabins*).”
Also included in the proposed amendment is Conservation District Section
3-1-a Uses – Permitted by Conditional Use Permit 3-1-12a (Cabin*) and
Agricultural District Section 4-1-a Uses – Permitted by Conditional Use
Permit 4-1-24a (Cabin*).

*Note: Commissioners directed staff to insert the same term used in the
Virginia Statewide Building Code for a seasonal dwelling.

Commissioners directed staff to advertise the proposed amendments for public
hearing on Wednesday, February 11th at 7:30pm.

Commissioners set Wednesday, January 21st at 7:30pm for another work session
on:

– Historic neighborhood stores;
– Small wind energy ordinance;
– Revisions to the Communication Tower ordinance; and
– Clarifications on various time allowances for consideration and
decisions on issues coming before the Planning Commission.

Meeting continued to January 21st.

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