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Planning Commission: 05.27.09

[ 0 ] May 28, 2009 |

PLANNING COMMISSION
Wednesday, May 27, 2009

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

CLASS III COMMUNICATION TOWER/NTELOS – Mr. Boger reported that nTelos has
applied for a permit to construct a 122′ steel monopole on property owned by
Mr. William C. Parrish on the north side of Beech Grove Road.  In addition,
nTelos applied for a special exception to Section 20-7-2e prohibiting towers
within the viewshed of a designated Scenic Byway.  Ms. Valerie Long,
representing nTelos, presented photos of the site and balloon test.  With no
Public Comment, Commissioners voted 6-0 to recommend approval of the permit
and special exception.  Ms. Russell noted her concern that the tower can be
seen coming down Beech Grove Road but said that she does not believe
coverage can be accomplished with a shorter pole.

FINAL SUBDIVISION/MS. WANDA BALLOWE – Mr. Boger presented a final plat to
divide 4.57 acres in Horseshoe Mountain Subdivision located on Rhue Hollow
Road (Rt. 528) into 2 lots of 2.29 and 2.28 acres.  He noted that the
required soil work has been approved by the Health Department.  With no
public comment, Commissioners voted 6-0 to approve the final plat.

PROPOSED SUBDIVISION ORDINANCE AMENDMENT/ WATER & SEWER – With no public
comment, Commissioners voted 6-0 to recommend adoption of the following
amendment:
Section 4-4 Water and Sewer, Item D., Individual Septic Systems,
Subsection 3), Exceptions to the above provisions, b. to amend the exception
to read: ‘A lot with an existing on-site septic system.’ (eliminating the
phrase ‘approved by the Virginia Department of Health’).

PROPOSED ZONING ORDINANCE AMENDMENT/CABINS – Having held a public hearing on
February 11th, Commissioners voted 6-0 to recommend adoption of the
following amendment:
“Article 2. Definitions. 2-15a Cabin: A single, permanent detached
dwelling unit, which may or may not contain cooking facilities and
electrical service, and/or bathroom facilities, dedicated to temporary
occupancy of no more than 180 days per year, for purposes of recreation,
education or vacation. Rental properties meeting this description shall be
considered cabins. If approved, the property owner agrees to place a
restrictive covenant on the property that would limit the occupancy/use of
the cabin to 180 days per year.”
The amendment would allow cabins in Conservation Districts (C-1) and
Agricultural Districts (A-1) by Conditional Use Permit only.

ADDITION TO AGRICULTURAL/FORESTAL DISTRICT – Mr. Boger presented an
application to add 19.4 acres to the existing Davis Creek Ag/Forestal
District.  Commissioners voted 6-0 to accept the application, direct staff
to provide notice of application and refer the application to the
Ag/Forestal Committee for review and comment.

PROPOSED ADDITION TO ZONING ORDINANCE/SMALL WIND ENERGY – Commissioners
reviewed a draft ordinance to allow small wind energy systems with a rated
capacity of not more than 20 kW to produce on-site utility power.  The draft
would allow monopoles only (no guyed monopole structures) with tower heights
as follows:
a) properties of less than one acre – towers not permitted;
b) properties of one to two acres – 45 feet;
c) properties greater than two acres to five acres in size – 60 feet; and
d) properties greater than five acres in size – 100 feet.

The draft permits towers in all zoning districts and requires a minimum
setback distance equal to 110% of the extended tower height (height from
base level to top of extended blade) from property lines, overhead utility
lines and public and private roads.  The draft includes prohibitions on
interference with television or other communication signals as well as
siting in such a manner as to cause shadowing/flickering on adjoining
properties.  Installation will require compliance with all electrical and
building code requirements as well as a building permit.  In addition, the
draft provides for county remedy and removal if the wind system is
out-of-service for a continuous 12-month period and therefore deemed
abandoned.

Commissioners agreed to review the revised draft at a work session on
Tuesday, June 2nd at 7:30pm prior to advertisement for public hearing.

Meeting continued until June 2nd at 7:30pm.

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