Wednesday, February 25, 2009
Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda
Russell, Mr. Mike Tapager and Mr. Tommy Bruguiere (Board Liaison)
ELECTION OF OFFICERS 2009 – Commissioners voted 5-0 (Mr. Tapager absent) to
elect Ms. Proulx, Chair; Ms. Hunt, Vice Chair; and Ms. Betty Fortune,
PRELIMINARY SUBDIVISION/MS. WANDA BALLOWE – The applicant has applied to
divide 4.57 acres into two equal sized lots. The property is located in
Horseshoe Mountain Subdivision, Phase I, Lot 7 on Rhue Hollow Road (Rt.
628). With no Public Comment, Commissioners voted 5-0 (Mr. Tapager absent)
to approve the preliminary subdivision.
DISCUSSION/FISHER AUTO PARTS – Mr. Boger reported that the applicant (Ms.
Maxine Small) has submitted a request to construct a 28′ x 38′ (1,064 sq ft)
addition to the rear of the building at 2677 Rockfish Valley Highway in
Nellysford. Noting no issues with the proposed addition to be used for
storage with no additional paving required, Mr. Boger asked for permission
to approve the addition administratively. Ms. Proulx reported that the
Commission has received a legal opinion with an interpretation that Article
13 of the Zoning Ordinance requiring a complete site plan, applies only to
new development. When the applicant is an existing business, Section 12
applies which requires a scale drawing and can be approved administratively.
Commissioners referred the Fisher Auto Parts addition to the Zoning
Administrator for review.
DISCUSSION/KINGSWOOD BAPTIST CHURCH – Mr. Boger reported that the applicant
has submitted a request to construct a fellowship hall on property located
on Rt. 668 in Arrington. He noted that the situation is the same as Fisher
Auto Parts previously discussed and could be administratively approved. Mr.
Boger said that this case, however, will require application for a variance
from the Board of Zoning Appeals for the rear-yard setback. Commissioners
agreed and referred the application to the Zoning Administrator for review.
PROPOSED AMENDMENT TO ZONING ORDINANCE/CABINS – Ms. Russell said that the
question came up at the public hearing of how the conditions applied to
approval of a cabin could be conveyed to a new owner. Ms. Hunt said that a
way to apply conditions with other permits is needed as the conditions do
not seem to convey to new owners. Mr. Boger said that the county can place
a restrictive covenant on the deed. Ms. Proulx agreed, noting that if the
conditions are on the deed, at least the new owner would be aware of them.
Mr. Harman said that the term “temporary” should be clarified so that
someone does not live full-time in the cabin and then move out for one week
to call it temporary. After discussion, Commissioners agreed to revise the
definition to read, “Cabin: A single, permanent detached unit, which may or
may not contain cooking facilities, and/or electric service, and/or bathroom
facilities, dedicated to temporary occupancy of not more than 180 days per
calendar year for purposes of recreation, education or vacation. Rental
properties meeting the above description shall be considered cabins.” After
further discussion, Commissioners directed staff to consult with the County
Attorney on whether a restrictive covenant can be placed on the deed.
PROPOSED AMENDMENTS/ZONING & SUBDIVISION ORDINANCE/FAMILY DIVISIONS – After
discussion, Commissioners voted 6-0 to recommend approval of the following
Zoning and Subdivision amendments (changes in all caps):
Section 4-2 (Zoning Ordinance)
4-2 LOTS ALLOWED and area regulations (Lots Allowed replacing Division
4-2-1 “A parcel of record in the Clerk’s Office of the Circuit Court of
Nelson County on the effective date of this subsection (June 1, 2007) MAY BE
DIVIDED INTO NO MORE LOTS THAN ARE PROVIDED IN THE CHART BELOW. (Note: No
changes proposed to the chart which is:
0-5 acres 2 lots allowed
5-10 acres 3 lots allowed
10-15 acres 4 lots allowed
15-20 acres 5 lots allowed
20-25 acres 6 lots allowed
25-35 acres 7 lots allowed
35-45 acres 8 lots allowed
45-55 acres 9 lots allowed
55-65 acres 10 lots allowed
65-75 acres 11 lots allowed
75 acres has additional lots allowed provided each additional lot created
is 20 acres or more in size.)
“At the time of division, the owner of the parcel so divided shall designate
the number of LOTS into which each parcel so divided may be further divided
pursuant to this section. No such division or adjustment of boundary lines
or any other reconfiguration of a parcel shall increase the number of LOTS
which may be created.”
“Each plat of survey reflecting a division or adjustment of boundary line or
any other reconfiguration of a parcel shall provide therein: (i) the
original number of LOTS ALLOWED FOR THE PARCEL, together with appropriate
instrument number references; (ii) the number of LOTS RESULTING FROM this
division; and (iii) the ALLOCATION OF ANY remaining LOT RIGHTS AMONG THE
NEWLY CREATED LOTS.”
Section 2. Definitions (Subdivision Ordinance)
“Subdivision: 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
DIVISIONS, “re-subdivision”, and, when appropriate to the context, shall
relate to the process of subdividing or the land subdivided.”
Section 3-2 Exceptions to Review by Commission
(4) “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 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. It shall be noted on the plat and in the deed that this
is a family division of property pursuant to this subsection.
REVIEW/AMENDMENT TO COMMICATION TOWER ORDINANCE, ARTICLE 20 (ZONING
ORDINANCE) – Mr. Boger presented a draft ordinance and after discussion,
Commissioners agreed to establish a subcommittee to work on a review and
recommendation to the full Commission. Ms. Russell and Mr. Tapager agreed
to serve as the subcommittee with Mr. Boger as staff.
MARCH MEETING – Commissioners agreed to discuss the following items at their
March 25th meeting – Small Wind Energy, Cabins, Communication Towers and
development of standards for a “complete” application.