PLANNING COMMISSION WORK SESSION
Thursday, August 6, 2009
Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Mr. Mike
Ms. Linda Russell and Mr. Tommy Bruguiere (Board Liaison)
Commissioners discussed and considered additions and amendments to the
Zoning Ordinance as follows:
SMALL WIND ENERGY ORDINANCE – After discussion of the comments received
during the Public Hearing, Commissioners agreed to add lattice towers as a
use allowed by Conditional Use Permit in all districts. The directed staff
to develop a definition of a lattice tower for inclusion. Commissioners then
voted 6-0 to recommend adoption of Article 22. Small Wind Energy Ordinance.
The draft ordinance will now go to the Supervisors for review.
LOT SIZE REQUIREMENTS IN A-1 ZONING DISTRICT – The Board of Supervisors, at
the request of the Board of Zoning Appeals, referred the question of whether
a smaller lot size should be allowed in A-1 Districts if public
infrastructure is available. After discussion and noting that a two-family
detached dwelling is a permitted use by right in A-1, Commissioners directed
staff to add the following under “Division Rights and Area Regulations”:
“One two-family detached dwelling unit is permitted per lot with a minimum
lot size of 30,000 square feet if utilizing the Nelson County sewage
Staff will return the draft to the Commissioners for consideration at their
regular August meeting.
RETAIL STORE, NEIGHBORHOOD – Ms. Proulx presented a survey of “historic
country stores” in Nelson (completed by a volunteer) noting that all of the
stores are in agricultural or business zoning districts with only two in
residential (R-1) districts. She reported that all of those in A-1 can
request conditional or special use permits for the commercial uses discussed
in the country store draft ordinance, plus additional uses. Ms. Proulx said
that those in B-1 districts already have commercial operations. She reported
that of those in R-1, one area has three listed – one has been a residence
for over 33 years; the second has not been a store for over 60 years; the
third is Arrington Mini-Mart which is still operating as a store with
activities there grandfathered; and the fourth is Anderson’s Store which is
suitable for rezoning to A-1 which would make the conditional and special
use options available for consideration. She said that there did not seem to
be a reason to create a new ordinance, noting that the draft was based on
Albemarle County’s where ordinances are stricter on historic country stores.
Commissioners voted 6-0 to forward a resolution to the Supervisors that
after review, no amendments regarding country stores are needed with the
reasons noted above.
COMMUNICATION TOWER ORDINANCE – Ms. Russell reviewed the primary changes
recommended by the committee as follows:
– Class I Towers – increased height from 80’ to 95’ with administrative
approval and appeal to the Board of Zoning Appeals instead of the Planning
Commission (as per state code);
– Class II Towers – from 95’ to 130’ with the same process as currently
– Class III Towers – over 130’ by Special Use Permit granted by Supervisors
after a recommendation by the Planning Commission;
– Removal of Scenic Byway restrictions; and
– More specifics about co-location policy
Further discussion tabled for Commission review of the draft.
DAM BREAK INUNDATION ZONES – Mr. Boger presented a proposed amendment to
Subdivision Ordinance to add Section 4-9. He noted that the draft was
created by Mr. Payne (County Attorney) to meet the state code requirements
to establish a process for review (by the Department of Conservation and
Recreation) of a development proposed within the boundaries of a mapped dam
break inundation zone. Commissioners directed staff to prepare a resolution
of intent for the regular August Commission meeting.
WORK SESSION – Commissioners directed staff to schedule a work session for
August 13th, August 18th, or August 20th depending on Mr. Payne’s
availability so that he could provide a summary review of proposed
amendments to Sections 12, 13 and 16 of the Zoning Ordinance dealing with
major and minor site plans. Commissioners agreed to also review the draft
Communication Tower Ordinance at that session.