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Minutes of other Meetings |
Minutes of the Board of Supervisors
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5:00 P.M. 
CALL TO ORDER Chairman Barnes called the October 17, 2005 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Harper led the invocation, followed by the Pledge of Allegiance to the flag.
CONSTITUTIONAL OFFICERS There were no Constitutional Officers that wished to address the Board. CITIZENS INFORMATION PERIOD Sandra Quinlan, Mineral District, informed the Board that she was here this evening to speak with them about the home that she purchased two years ago. Ms. Quinlan stated that after she purchased her home there have been thirty-seven building code violations discovered. Ms. Quinlan stated that she has soil erosion and drainage problems everywhere, and an unapproved water supply. Ms. Quinlan said that she has been trying for two and a half years to get the County Government and the State Health Department to correct these problems or have the builder do it. In closing, Ms. Quinlan asked the Board what it is that she is supposed to do. On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the October 17, 2005 agenda was adopted as amended.
OLD BUSINESS
Trevilian Station Battlefield Foundation (TSBF) Gerald Harlow, TSBF Vice-President, stated to the Board that the TSBF has not sold any land and have put negotiations on hold for quite some time now. Mr. Harlow said that he had a couple of points that he would like to further clarify from when he addressed the Board last month. Mr. Harlow said that the Wilderness Battlefield would be what the TSBF would closely resemble. He said that there would only be a few monuments and they would have Virginia Fencing that they would construct once they have found the money to do so. Mr. Harlow said that a historical battlefield would only place cannons where they were fired from during the actual battle. Mr. Harlow informed the Board that signing an agreement with the Department of Game and Inland Fisheries (DGIF) isnt anything different than if they would have been approved for a state park in 2002. This would not change their plans. Mr. Harlow said that they are still continuing with their goals of saving the battlefield land, which they currently have, 1,500 acres and a state park requires at least 2,000 acres to even be considered. Mr. Harlow provided a map to the Board that reflected the acreage that they currently own and identified the troop movements through the land. Mr. Harlow said that one of the most important areas of the battlefield remains threatened since they do not have any land holdings in that particular area. Mr. Harlow stated that he hopes that this Board will be remembered as the Board that helped them make this a reality. Mr. Harlow said that in order for them to have the integrity of a battlefield, they have to own all of those areas at some point. Mr. Harlow said that only half of the battlefield land is protected, but it is still their goal to save these lands. Mr. Harlow said that if the Board does not want to participate financially, then they could purchase the land and sell it to TSBF at a later date when they are able to afford it. Mr. Harlow said that the Board could make a loan at a favorable interest rate, which would greatly help them finance these purchases. Mr. Harlow said that if they dont want to purchase the land, then they could help them by donating some of the costs for buying the parcels. Mr. Harlow said that the recent article he read from the “Daily Progress” mentioned the Tourism Director being housed in the new hotel and would be bringing tourists to the County. Mr. Harlow said that fourteen months ago, the Board approved the Historical Heritage signs to be placed on I-64, which they still have not made any progress on. Mr. Harlow said that Virginia Logos has a rule that does not allow them to be eligible for the signage. Mr. Harlow said that he doesnt know what this is going to take to get these signs, but they need to have these brown heritage markers on I-64 for the tourists to see. Mr. Harlow said that he is calling on the Boards help to obtain these signs, which is something that they would like to have placed on Route 208 coming from Spotsylvania County as well. Mr. Harlow said that they are excited about the “Auto Tour” and are close to getting the last stop built. Mr. Harlow said that Harry Jackson sent a letter asking the Board to block the construction of their last “Auto Tour” stop, which is something they need to have to allow individuals to get off of the main road without being hit. Friends of Lake Anna Concerns of The Proposed Expansion of North Anna Power Plant Harry Ruth, Friends of Lake Anna Representative, extended his appreciation to the Board for allowing him to speak on this matter. Mr. Ruth stated that as they indicated recently, they are not against nuclear. Mr. Ruth stated that the Friends of Lake Anna is continually drawing strength, which they recently gained the support of several Lake Anna subdivisions. Mr. Ruth said that they represent about 2,400 owners of lake property. This group was formed about two months ago because of the Dominion Resources request for an early site permit to add two additional reactors to their facility. Mr. Ruth said that the third reactor was requested to be water-cooled using Lake Anna water, with the fourth reactor being air-cooled. Mr. Ruth said that the Virginia Department of Environmental Quality with the Coastal Zone Management Act recently extended the public comment period through October 25, 2005, which provides them the opportunity to have the Board address, their concerns. Mr. Ruth said that their concerns are primarily with the third reactor due to the requested cooling option. Mr. Ruth said that their concerns relate to four different areas with the first one being that there is inadequate water in the small watershed to support a third water-cooled reactor. The second is the increase in the water flow rates; the third is the increase in the water temperatures resulting in increased health risks, and the fourth being the decrease to property values in the tax base. Mr. Ruth said that inadequate water is defined in various memos that were created by the Virginia Department of Water Resources (VDWR) that states, “there is inadequate water supply in the small 342 square mile watershed.” Mr. Ruth said that the watershed is in Louisa, Orange, and Spotsylvania Counties. Mr. Ruth said that VDWR feels that there would not be enough water to cool the third reactor; however, they would support a third reactor if it were dry-cooled. Mr. Ruth said that according to VDWR, if implemented, it would increase the drought cycle in this small watershed, which is currently about every 8.6 years and would change to every 2.5 years. Mr. Ruth pointed out that this would also create water conflicts with the other localities downstream over the twenty-year life span of this early site permit if it were granted. Mr. Ruth said that this would use water most likely that would be needed to accommodate future population growth in Louisa County over this same twenty-year life span. Mr. Ruth said that everyone is moving in closer from surrounding areas; therefore, they could anticipate a lot of growth. Mr. Ruth said that the third reactor would also decrease the water on the cold side of the lake an extra 2.6 for an additional twenty-six days per year. Mr. Ruth said that Dominion is projecting that this would increase water flow rates an extra 60%. Mr. Ruth said that one of the biggest factors that occurs with the increase in water temperatures, which is going to result in health risks to humans, fish, and wildlife. He said that Dominion initially planned on having water temperatures of 127 exiting the plant, which they have now downgraded to 113. Mr. Ruth stated that this would be worse than a hot tub since manufacturers say that you shouldnt enter a hot tub when the temperature is over 104. Mr. Ruth pointed out that both of these new reactors are going to be about 68% larger than the current units, which would have a significant increase of the mega watt output for a total of 1,500. Mr. Ruth said that as a result of the temperature concerns that they presented to the Virginia Department of Environmental Quality, they wrote to the State Department of Health. Mr. Ruth said that just recently on September 15, 2005, Dr. Robert Strobe, Virginia State Health Commissioner, responded to those temperature concerns. He indicated that there were about five major areas of concerns such as biological risks, burn injuries, and heart conditions. Mr. Ruth said that he has personally seen over 1,000 dead fish floating around in the first lagoon when they experienced the higher temperature recently. Mr. Ruth said that all of this creates a lot of concerns for them at the Friends of Lake Anna and this is why they were formed. Mr. Ruth said that they anticipate that if the third reactor using Lake Anna water comes in to being and they experience the above concerns with water level, water flow, and water temperatures, they believe that the property values surrounding the lake would decrease significantly. Mr. Ruth said that if an early site permit is granted, then pre-construction activities could begin almost immediately. Mr. Ruth said that the only thing that would change the design of the third reactor in the future is if there was a major significant change in the environment; otherwise, Dominion would be granted the authority to proceed with the third water-cooled reactor. Mr. Ruth stated that they are requesting the Board to pass some type of a resolution to send to the Virginia Department of Environmental Quality, the Virginia State Water Control Board, and the U. S. Nuclear Regulatory Commission before October 25, 2005 to meet the deadline. Mr. Ruth said that they think the resolution should support the fourth air-cooled reactor, but they want to also identify the risks that are associated with the third reactor. Dr. Morgan said that he believes that all of the issues that have been presented are important. Dr. Morgan said that the health and welfare of the citizens of Louisa County is of paramount importance to the Board. Dr. Morgan said that the planning design envelope that they have described provides broad guidelines for the specifications on these plants, which could end up being changed prior to the final approval. Dr. Morgan said that they were told that there would be another opportunity for them to comment on this.
Chairman Barnes requested a roll call to verify those individuals that are in favor of the motion and those that are not in favor.
With the votes reflecting 2-5, the motion failed for the Board to adopt the proposed resolution. Resolution To Award the Contract for Backup Generators to Generator Service Company Pat McWilliams, Director of Public Works, explained to the Board that a little over a year ago, they had come across the opportunity to receive a Hazardous Mitigation Grant. Mr. McWilliams said that they had applied for monies to increase the backup generator power for County buildings, which protects critical systems. Mr. McWilliams said that during the last hurricane, the Communications Department ran on backup power for eight days. Mr. McWilliams said that other departments and offices are just as imperative to keep operational to assist the citizenry. Mr. McWilliams said that if these funds were not used by Louisa County, then it would be awarded to another locality. He said that it is possible in the future that they might have mandates that require them to have the backup power. Mr. McWilliams said that they sent a bid to eight vendors and advertised in the paper. They originally attempted to get previously used generators that became unavailable due to other hurricanes in other areas. Mr. McWilliams said that they intend on having 100% backup for the County Building. He said that the unit that is currently at the County office would be re-located to the sewage plant to provide them 100% backup and their unit would be moved to the Courthouse to provide backup. Mr. McWilliams stated that he believes what they are proposing would utilize the grant to the best benefit of Louisa County. The Board briefly discussed this topic with Dr. Morgan asking what costs were associated with relocating the units to other facilities. Mr. Wright said that he has asked for this to come off of the Consent Agenda since all of the back-up data was not available at the time when their Board packets were put together. Mr. McWilliams said that the costs would change from one job to the next, but most of these automatic transfer switches would be on the move with the units and might require rewiring. Mr. McWilliams said that he believes that it would run between $3,000 to the low teens to re-locate the units. Mr. McWilliams said that they could use the funds up to $75,000 for this project. On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted to award the contract for backup generators to Generator Service Company in an amount not to exceed $75,000 as identified by RFB PW-06-01.
Resolution To Award The Contract for a Trash Compactor and Two 40 Cubic Yard Receiving Containers
Mr. McWilliams said that he has included a request to allow for a modification in the procurement procedure. Mr. McWilliams explained that they recently experienced problems with the Buckner site, which for now, they have temporarily rectified the situation. Mr. McWilliams said that the unit itself is thirteen years old and is in need of extensive rebuilding. Mr. McWilliams said that the Public Works Committee and the Board had recommended the expansion of the Wares Crossroad site to a two-compactor system. Mr. McWilliams said that the money is in the budget to buy a trash compactor and extra boxes to go to Wares Crossroads. He said that this would not be needed until some time in February or March 2006. Mr. McWilliams recommended that the Board authorize the award of this purchase so they can install it at the Buckner site, so they can take the other unit and have it rebuilt to place at the Wares Crossroad site. Mr. McWilliams said that they went out to get quotes, which the bid procedure requires advertising, except in the case of an emergency. Mr. McWilliams said that he believes this qualifies for an emergency situation. He said that they received three bids on this project and the lowest was by Mid Atlantic Systems for $31,157.91. The Board discussed this topic with Mr. Gentry saying that he doesnt see that they have a lot of options at this time. Mr. Gentry said that the Public Works Committee discussed the needs for the Wares Crossroad site extensively. On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, a resolution was adopted awarding a contract for a trash compactor and two (2) 40 cubic yard receiving containers to Mid Atlantic Waste Systems for $31,157.91.
NEW BUSINESS
Resolution - Proclaiming the Month of October as Domestic Violence Awareness Month Chairman Barnes recognized Barbara Moorhead from the Shelter for Help in Emergency. On the motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted proclaiming the month of October as Domestic Violence Awareness Month in recognition of the important work being done by the Shelter for Help in Emergency.
Discussion - Refuse Sites Mr. Purcell explained to the Board that he added this topic to the agenda to bring up an issue that a County Employee had brought to his attention. Mr. Purcell said that this particular individual told him that when people come to the recycling centers and find that they are full and closed, these individuals sometimes become irate and curse at the employees. Mr. Purcell said that he understands that they are trying to address the problem to avoid these sites from having to close, but he wanted to have Mr. McWilliams elaborate further on the issue. COMMITTEE REPORTS Mr. Gentry reported to the Board on a “use agreement”, which stemmed from an issue through Parks and Recreation. Mr. Gentry said that this is an agreement with a Community Center area in the Rising Sun Community to give Parks and Recreation the authority to actually supply some additional playground type of equipment at that location to provide a mini-park. Mr. Gentry said that he would like to have the Board agree to this process. Mr. Gentry said that Mr. Morgan prepared the agreement that has been signed. On motion of Mr. Gentry, seconded by Mr. Wright, which carried by a vote of 7-0, the Board agreed to approve the agreement between the County and the Rising Sun Community for Parks and Recreation to provide equipment for a mini-park. Mr. Harper reported to the Board that the Regional Jail recently met with several local officials and advised them that they are going to have to take this into consideration that their budget is going to have take part of this operation. Mr. Lintecum presented his report highlighting the following items: Mr. Lintecum informed the Board that Dr. Melton, School Superintendent, would be making a presentation to them on the new elementary school during their retreat on October 29, 2005. CONSENT AGENDA
Resolution - To Adopt the National Incident Command System in Louisa County On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to adopt the National Incident Command System in Louisa County.
Resolution - To Approve a Supplemental Appropriation for State Funding for the EMD Cards and Training Under the OEMS Consolidated Grants Program
On the motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving a supplemental appropriation for state funding for the EMD Cards and training under the OEMS Consolidated Grants Program in the amount of $1,934.
CORRESPONDENCE Mr. Lintecum referenced the letter that was received from VACo regarding the 2006 Legislative Program draft and asked the Board members to forward their input to Mr. McLeod for him to submit their final input by October 21, 2005. LEGAL CORRESPONDENCE
Mr. Morgan did not discuss any legal correspondence with the Board. APPROVAL OF MINUTES On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, with Messrs Gentry, Jennings, and Wright abstaining from reimbursement checks pertaining to them, a resolution was adopted approving the bills for the first half of October 2005, for the County of Louisa in the amount of $559,988.65.
CLOSED SESSION
On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:32 p.m. for the purpose of discussing the following: 1. In accordance with §2.23711 (a) (7) of the Code of Virginia, 1950 as amended, for the purpose of consultation with legal counsel for discussion of litigation in the Green Springs area. On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:04 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Dr. Morgan, seconded by Mr. Wright, which carried by a vote of 7-0, the Board voted to adopt the following resolution:
WHEREAS, the Louisa County Board of Supervisors has convened a Closed Meeting this the 17th day of October 2005, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and
WHEREAS, § 2.2-3712 of the Code of Virginia requires a certification by the Louisa County Board of Supervisors that such closed meeting was conducted in conformity with the Virginia Law.
NOW, THEREFORE BE IT RESOLVED on this the 17th day of October 2005, that the Louisa County Board of Supervisors does hereby certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting was heard, discussed or considered by the Louisa County Board of Supervisors. PUBLIC HEARINGS
Amendment to the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions To Add Contrary Creek Subdivision
Mr. Lintecum informed the Board he received a letter from the Contrary Creek Subdivision requesting that they be added to the Louisa County Code, Section 14.41, Dogs Running at large. Chairman Barnes opened the public hearing at 7:06 p.m. With no one wishing to address the Board, Chairman Barnes closed the public hearing at 7:07 p.m. and brought it back to the Board for further discussion. On the motion of Mr. Harper, seconded by Mr. Jennings, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Code, Section 14.41, Dogs Running at Large in Certain Subdivisions, to add the Contrary Creek Subdivision. *Jamie Daniels, Sr., Cuckoo District, spoke during the second public hearing to ask the Board to consider making this a permanent law throughout the County rather than just certain subdivisions. REZ06-05 - Cutalong
Darren Coffey, Community Development Director, summarized the request to be for the rezoning of approximately 983 acres from A-2, R-2, and C-2 to C-2 and RD for the purpose of developing a master plan cluster oriented community with amenities. Mr. Coffey said that they are requesting a special exception to the minimum lot size and the width requirements of a Resort Development District for cluster lots and executive lots. Mr. Coffey said that they also need administrative approval for non-conforming setbacks and a conditional special exception to allow for committed uses of a residential general district to include townhouses in the C-2 area of the project. The property is located on the east and west side of Route 652 (Kentucky Springs Road) and is in the Mineral/ Cuckoo Magisterial Districts and the Mineral Voting District. Mr. Coffey said that the staff analysis goes through the land improvements, the surrounding land uses, and a Comprehensive Plan analysis. Mr. Coffey said that Lake Anna is listed as a community within a designated growth center of Louisa County, which is described in the Comprehensive Plan as small less urban centers that are separate from larger towns. Mr. Coffey said that they have a full range of public services, including a range of residential choices, mixed use of services, regional employment opportunities, well-defined residential areas, internal collective roads along with arterial roads, public water and sewer, and public facilities to serve the communities and the adjacent population. Mr. Coffey said that this proposal is in conformance with the Comprehensive Plan. Mr. Coffey said that the analysis talks about initial impacts, traffic and roadways, wetlands, public safety, proffers, and utilities. Mr. Coffey said that the open space component is about 60% of the open space. Mr. Coffey said that during the Neighborhood meeting that that was held on August 15, 2005, there were fifteen persons present, which none of them spoke in direct opposition to the request; however, several individuals indicated that they had similar concerns relating water supply, lighting, and other issues as they did when the Links at Lake Anna were previously proposed. Mr. Coffey said that the citizens that spoke indicated their support for the project even though there were some concerns that they still had, particularly on the effects on the existing water supply and the impacts to Contrary Creek. Mr. Coffey said that the benefits that were pointed out for the proposal was having the oversized sewage treatment plant, the realignment of the intersection of Route 652 and Route 208 (New Bridge Road), and the proffers being offered by the applicant. Mr. Coffey said that the Development Review Committee had also met and voted 4-0 to forward a recommendation of approval to the Planning Commission on the proposed conditional rezoning and the special exception requests. Mr. Coffey said that the Planning Commission held a public hearing on September 8, 2005 where they voted 7-0 to forward a recommendation of approval to the Board of Supervisors. Mr. Coffey said that the 2001 Comprehensive Plan designates this area as low density residential and community service in the Lake Anna designated growth area. Mr. Coffey said that the County Attorney has reviewed the proffers that were submitted on October 12, 2005 and noticed that number eleven, for partial dedication, that they needed to add an additional sentence saying that if Louisa County does not use the dedicated parcel for the purposes of which it was intended within three years, then the parcel would revert back to the applicants ownership. Mr. Coffey said that there were a total of eighteen proffers that have been proposed and are identified in their handout. Dr. Morgan said that on the issue of the affordable housing, it reflects that there would be up to forty-five units, but there isnt a minimum listed and questioned how that would work. Dr. Morgan said that on proffer number six, it states, “that $80,000 would be coming from other sources” and asked if this would be from VDOT. Mr. Gentry asked if VDOT has acknowledged that this would qualify for a signal. Ms. Johnson showed the Board an electronic presentation highlighting the overall plans of this community. Ms. Johnson identified the Planning and Development Team members highlighting their qualifications and expertise. Ms. Johnson said that some of this land used to have an active mining operation one hundred years ago, which they are currently working with DMME to cap all located mines. Ms. Johnson said that Contrary Creek would provide unique landscape features. Due to acid mine runoff upstream, Contrary Creek has low PH levels. Ms. Johnson said that she feels that this area provides a natural habitat for bird watching. Ms. Johnson said that some of the previous activities that have taken place for this land includes an environmental assessment study, wetland delineation and certification soils testing, hydro-geological testing for water capacity, national laboratory testing for water quality, and archaeological resource study. Ms. Johnson identified the areas for their rezoning request and the reasons behind their determination. The public meetings and presentations that have been made so far have been the neighborhood/community meeting, Design Review Committee, LACA Board of Directors, Lake Anna Business Partnership, Louisa Chamber of Commerce, Louisa Business Leadership Luncheon, and the public hearing that was held by the Planning Commission. Ms. Johnson said that their plan for development is a comprehensive approach to a residential/commercial development, which is a cluster development. Ms. Johnson said that there would be around 613 acres of this site that will be left as open space, which equates to 60% and far exceeds what is required for RD Zoning. This project includes an eighteen-hole championship links style golf course with associated amenities such as a clubhouse, restaurant, practice areas, a nine-acre vineyard, and over eight miles of walking trails. Ms. Johnson said that there is limited water shoreline, which will be used to provide access for the residents and would meet the Shoreline Management Guidelines. There will also be a waterfront community center that will include pools, tennis courts, fitness center, play lot, another restaurant, event area, basketball court, boat storage, day slips and dockage area, and a marina with related facilities. There are a total of 891 homes being proposed for this development, which will include at least forty-five town homes that have been dedicated for workforce housing. Ms. Johnson said that there is 26.4 acres of commercial that is being planned with this development, which they are hoping to attract a 125-room hotel and conference center. Ms. Johnson pointed out that they intend on relocating Route 652 to bring it out directly across from Route 670 (Oak Grove Drive) and will have a stoplight. Ms. Johnson stated that one of their proffers dedicates 2.4 acres to Louisa County. Ms. Johnson said that this development would have well water that is connected to a central water treatment system that is regulated by DEQ. Ms. Johnson said that individuals from the Shorewood Subdivision have voiced their concerns regarding their water supply and the potential of their own wells going dry if the system draws from the same aquifer, so they have agreed to build the water treatment plant at a capacity enough to take in the community and provide a tie in to them in the event that this becomes necessary. Ms. Johnson identified the benefits of the community and the proffers as being strict architectural covenants and standards; eighteen hole golf course; workforce housing; 2.4 acres donated to Louisa County; $500 per single family residential lot; $100,000 dedicated to the remediation of Contrary Creek; $75,000 donation to be divided among the LCHS Athletic Department, Parks and Recreation Department, and Emergency Services; realignment of Route 652 with full turn lane improvements for Route 208 and 652; participation in the cost of traffic signalization; dedication of additional 208 right-of-way for future VDOT improvements; potential opportunity for offsite commercial development to tie into the Cutalong water and wastewater treatment plants; commitment to “dark sky” lighting; dedication of existing vegetated buffers; and an increase of annual revenues of $3 million, at full build out. In closing, Ms. Johnson said that the Cutalong is a well thought out and planned community that has been designed to bring value to Louisa County and the Lake Anna Community, which also provides an opportunity for economic development to take place in the designated growth areas by providing a comprehensive infrastructure in the form of road improvements and the potential water and sewage treatment plant. Chairman Barnes opened the public hearing at 7:35 p.m.
Mr. Delk stated that anytime a subdivision comes about that they want the County to manage, should be a system that serves more than just that specific development. Mr. Delk said that the developers have addressed this by adding additional capacity to the proposed system. Mr. Delk said that he has spoken with several other individuals, where he obtained plans and agreements from various authorities. Mr. Delk said that the County would need to have some sort of contractual agreement identifying what the developer would do and the water authority would be responsible for. Mr. Delk said that major highlights are that you want to ensure that you are approving the design, construction, and other aspects to standardize what they already have. Mr. Delk said that when the developer turns over the conveyance of the property, they should have a hydrological study done for more details that what was presented this evening. Mr. Delk said that one of the other authorities had suggested that something be included in their covenants for individuals buying the property acknowledge that the water/sewer system is self-supporting with fees to alleviate the County of additional expenses should they have to pull water from Northeast Creek should the system fail to adequately support the proposed development. Mr. Delk recommended to the Board that if they were to approve this development tonight it be upon the condition that they sign an agreement that has been worked out between the developer and the Water Authority. The Board further discussed this topic with Mr. Wright saying that one of the reasons that he wanted to have Mr. Delk to do this was in fairness to the other citizens in that area, for those coming into the development, for the developer, and to the County so everyone knows what to anticipate. Mr. Gentry stated that Mr. Purcell expressed his same sentiments about this development. Mr. Gentry said that the Planning Commission fully supports this project. Dr. Morgan said that the quality of the proposal reflects the experience and background of the developers. Dr. Morgan said that the scope and detail of the proffers shows the dedication to high quality development. Dr. Morgan said that he finds the following feature to be quite appealing: green space, buffers, including the funds to improve the traffic flow in the area, dark sky lighting, Contrary Creek water quality study, which are important to the citizens. Dr. Morgan said that he does not like the fact that the affordable housing units states, “up to forty-five”, but there isnt a minimum number of lots, which he feels should be re-worded. Dr. Morgan said that he believes that the Board could approve this request tonight and still negotiate the details of the wastewater treatment later since they are not obligated to this, unless they want to utilize the 50% additional capacity. Upon further discussion by the Board, Mr. Jennings stated that he was on the Development Review Committee and has been in favor of this project all along. Chairman Barnes said that one of the issues that they are dealing with right now is water and coming up with an adequate water source. Chairman Barnes asked what would happen if they run into a snag and are only able to get enough water for 200 homes. Mr. Larner replied that they have considered this risk carefully and are prepared to accept the risk for most of the proffers involved. Mr. Larner said that there was one proffer related to the road that they felt they had to protect themselves and this is why the proffer for the road has a condition with it saying that they have to find sufficient water capacity for 450 units. Mr. Coffey Mr. Harper said that he believes that this is a great project; therefore, he would like to make the motion to approve the request with adding a contingency to item 3 that would require the developer to meet with Mr. Delk to create a working plan that would benefit the citizenry of Louisa County. Mr. Gentry seconded the motion. Mr. Larner said that the proffers are self-executing in them saying that they are going to build the water treatment plant to over 50% capacity if Louisa County takes it over. Mr. Larner said that before they begin substantial design of the system they have to know when the agreement has been reached.
On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted approving the requests as follows with the proffers submitted by the applicant with the recommended change to item three. a. Conditional (proffered) rezoning of approximately 983.32 acres from Agricultural (A-2), Residential General (R-2) and General Commercial (C-2) to General Commercial (C-2) and Resort Development (RD) for the purpose of developing a master planned, cluster-oriented community with amenities. b. A Special Exception to the minimum lot size and lot width requirements of the Resort Development District for “cluster lots” and “executive lots”, and to authorize administrative approval for non-conforming setbacks given the absence of a PUD Ordinance in Louisa County at this time.
To Amend The Louisa County Code to Assume Power to Consider Petitions for the Creation of Community Development Authorities
Ernie McLeod, Deputy County Administrator, explained to the Board that the purpose of the Community Development Authority is to finance infrastructure made necessary by development within a CDA District, to issue bonds to finance the CDA improvements and to generate monies to pay for improvements through special ad valorem taxes or assessments on property within the CDA District. Mr. McLeod said that in order to create a CDA, the Board has to adopt an ordinance after a public hearing electing to assume the power to create CDAs. Mr. McLeod said that a petition submitted to the Board by owners of at least 51% of the land area or assessed value in proposed CDA District. Mr. McLeod identified the remainder of the procedures that are required for the Board to create a CDA along with the types of facilities and infrastructure that are authorized by a CDA. In closing, Mr. McLeod identified what benefits a CDA offers and the impacts of having a CDA. The Board briefly discussed this topic with Mr. Purcell asking who would be held liable if a project were to fall through. Mr. Gentry said that all of the information that has been presented has been positive and questioned if there were anything that the Board were missing. Mr. Wright asked if this would cover both the residential and commercial portions. Dr. Morgan said that during the previous presentation they had pertaining to CDAs, they were told that the additional costs could be born by the CDA and not by the County. On motion of Mr. Wright, seconded by Dr. Morgan, which carried by a vote of 7-0, a resolution was adopted to amend the Louisa County Code to include an ordinance electing to assume the power to consider petitions for the creations of Community Development Authorities, which became effective upon adoption.
To Amend Chapter 86 of the Louisa County Zoning Ordinance to Modify Definitions Mr. Coffey explained to the Board that the purpose of these amendments is to provide relief from the current setback requirements. Mr. Coffey said that all primary highways would now have the same setbacks. Mr. Coffey said that they have re-evaluated setback by zoning districts, which is where most of the relief would occur. Mr. Coffey said that this would have 10 20 minimum setbacks. Mr. Coffey said that they have provided a new method for measuring setbacks, which would assume a 50 right-of-way on any road, regardless of what it actually is. He said that they have also included additional guidance for an Industrial District, which did not have any yard requirements or setback requirements. Mr. Coffey said that if this were to pass, it would eliminate most of the variance requests that have recently been seen by the Board of Zoning Appeals (BZA). This will also help the BZA more stringently interpret the states hardship criteria, allow for more flexibility for the citizens and developers to build on certain lots, and makes the ordinance more consistent and explicit. Mr. Coffey said that they would be removing the exemption of the current ordinance that excludes steps from the setback requirements. Mr. Coffey identified the definitions that they are proposing to delete. Mr. Coffey said that on secondary roads, the setbacks would be 60 from the edge of the right-of-way line, which is not different than what currently exists. Mr. Coffey said that for Agricultural and Residential subdivisions, it would be 40 from the right-of-way line. Mr. Coffey stated that the purpose of a setback is to provide a structure a safe and appropriate distance away from the road. Mr. Coffey identified the proposed changes to Chapter 86 of the Louisa County Code for Sections: 86-2, 86-18, 86-18.1, 86-19, 86-20, 86-21, 86-67, 86-70, 86-71, 86-77, 86-80, 86-80.1, 86-84, 86-87, 86-88, 86-89, 86-105, 86-106, 86-108, 86-109, 86-110, 86-123, 86-124, 86-124.1, 86-86-126, 86-127, 86-143, 86-144, 86-144.1, 86-146, 86-147, 86-164, 86-165, 86-166, 86-181, 86-182, 86-184, 86-185, and 86-186. On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, a resolution was adopted to amend Chapter 86 of the Louisa County Code for Sections: 86-2, 86-18, 86-18.1, 86-19, 86-20, 86-21, 86-67, 86-70, 86-71, 86-77, 86-80, 86-80.1, 86-84, 86-87, 86-88, 86-89, 86-105, 86-106, 86-108, 86-109, 86-110, 86-123, 86-124, 86-124.1, 86-86-126, 86-127, 86-143, 86-144, 86-144.1, 86-146, 86-147, 86-164, 86-165, 86-166, 86-181, 86-182, 86-184, 86-185, and 86-186 as identified in Resolution #: RES05.136 located in the County Administrators office. RECESS On motion of Mr. Gentry, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to recess the October 17, 2005 regular meeting at 8:57 p.m. until Saturday, October 29, 2005 for their Retreat that will be held at the School Board Administration Office and begin at 8:30 a.m.
BY ORDER OF |