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Planning Commission : 9.23.09

[ 0 ] September 24, 2009 |

Wednesday, September 23, 2009

Present: Ms. Philippa Proulx, Ms. Emily Hunt, Mr. Mike Harman, Ms. Linda
Russell and
Mr. Mike Tapager

Absent: Mr. Tommy Bruguiere

SPECIAL USE PERMIT/MR. & MRS. SCOTT KENNEDY – The applicants have applied
for a permit to operate a public garage for automotive repair to be located
on Taylor Creek Road (Rt. 633) and Greenfield Road (Rt. 635) in Afton on
property zoned Agricultural A-1. (Note: a public hearing on this issue was
held during the September Planning Commission meeting.) Mr. Boger noted no
changes to the information presented at the September meeting and presented
information on possible conditions that could mitigate impact if the
application were approved. He noted the standards and guidelines for both
approval and denial. Ms. Proulx asked the applicant several questions about
the plans for the operation related to potential leaking fluids and storage
of scrap parts.

Ms. Russell said that she had used several sources as a basis for her
decision. She said that the Zoning Ordinance defines the Agricultural
District as, “designed to accommodate farming, forestry and limited
residential use” and the stated intent is “to discourage the random
scattering of residential, commercial or industrial uses in this district”.
She said that she then looked at the Comprehensive Plan which specifically
notes this area as recommended for protection. Ms. Russell said that she
also considered the standards for issuing a Special Use Permit which
include, “shall not tend to change the character and established pattern of
development of the area or community” and “shall be in harmony with the uses
permitted by right” and “shall not affect adversely the use of neighboring
property”. She said that even applying good conditions to the permit would
be difficult for the county to enforce.

Ms. Hunt agreed with Ms. Russell, saying that she was impressed with both
the Kennedy’s and their neighbors but that the location is not the right
place for that business. Mr. Tapager said that he too has been impressed
that everyone has emphasized that they want to remain friends. He said that
the property is just difficult given the topography and the powerline. He
said that screening would either make it worse or could not be used because
of the powerline. Ms. Proulx said that she has really struggled with this as
it is difficult to tell an applicant that he cannot do their business on
their property. She said that she thinks screening could be effective if
done right. Commissioners voted 4-1 (Ms. Proulx voting no) to recommend
denial of the permit for three reasons:

1) The use would alter the character and established pattern of
development which is almost exclusively residential;
2) The use would adversely affect the value of neighboring property;
3) The use would be incompatible with the Comprehensive Plan which
specifically cites the area as a scenic vista to be preserved.

SITE PLAN/AFTON FAMILY PRACTICE – The applicant submitted a plan for a
one-story with basement building of approximately 10,746 sq ft in total area
with fifty-nine parking spaces on property located at the intersection of
Tanbark Drive and Rockfish Valley Highway in Afton. With no public comment,
Commissioners voted 5-0 to approve the site plan with plans for any
directional signs on the property to be submitted to the Planning Director
for approval.

PRELIMINARY PLAT/MR. & MRS. ROLLAND COLELLA – The applicants, represented by
Mr. Morris Foster, presented a preliminary plat to divide 6.36 acres into
two lots of 4.2 and 2.16 acres located at 215 Flying Eagle Court in
Nellysford in the Edgewood Park Subdivision. Mr. Boger noted receipt of a
communication from another resident of the subdivision stating that the
covenants prohibit further division of the property. He recommended that the
applicant have his attorney research the issue before recording the deed.
Mr. Foster said that he has reviewed the revised and recorded covenants from
2007 and that there is no such prohibition. With no public comment,
Commissioners voted 5-0 to approve the preliminary plat.

CONDITIONAL USE PERMIT/MR. PAUL CONGIALOSI – The applicant has applied for a
permit to operate a carry-out pizzeria at 917 Gladstone Road in Gladstone,
which is zoned Agricultural A-1. Mr. Boger noted that the property is the
former post office building and there is an apartment upstairs in the
building and is served by public water and sewer. He noted that the
applicant plans to have take-out only but will have to have at least one
table in the waiting area in order to comply with the county’s ordinance
definition of a restaurant. With no public comment, Commissioners voted 5-0
to recommend approval with the following conditions:

1) Any signs on the building are to be unlit; and
2) Operating hours are to be no later than 10:30pm

comment, Commissioners voted 5-0 to recommend approval of an amendment to
allow single-family and one two-family detached dwelling unit on a single
lot with a minimum lot size of 30,000 sq ft when utilizing the Nelson County
sewage disposal system in both Agricultural (A-1) and Residential (R-1)

Commissioners voted 5-0 to direct staff to advertise a public hearing on
removal of Article 12, Section 12-12 contingent of approval of the County

OCTOBER COMMISSION MEETING – Commissioners agreed to review and be prepared
to discuss proposed amendments to Section 12 (Zoning Permits), Section 13
(Site Plans) and the draft Communication Tower ordinance.

Meeting adjourned.

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