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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 December 4, 2006 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Gentry led the invocation, followed by the Pledge of Allegiance. ADOPTION OF THE AGENDA Mr. Purcell indicated that he would like to add discussion of the Planning Department to closed session. On motion of Mr. Wright, seconded by Mr. Purcell, which carried by a vote of 7-0, the December 4, 2006 agenda was adopted as amended.
PRESENTATIONS
VDOT Monthly Update - Jamie Glass, Assistant Resident Administrator, provided an update of VDOT activities. Mr. Glass indicated that routine maintenance operations this past month consisted mostly of minor patching (mostly on secondaries), installing entrance pipes, brush cutting on right of ways with boom axe, machining dirt roads and preparing for the upcoming North Anna Radiological Monitoring Exercise. Mr. Glass stated that the Rt. 1002, Cammack Street sidewalk project in the Town of Louisa is still continuing and State Force Construction Crews are still working on Rt. 807, the Industrial Access project, weather permitting. Mr. Glass noted that in last the two weeks, there have been 4 plans and/or plats for new subdivisions and developments submitted for VDOT review and comments. Mr. Glass informed the Board that “School Bus Stop Ahead” signs were installed on Rt. 604, Roundabout Road. Mr. Gentry wished Mr. Glass luck on his second interview for the Resident Administrator position. Mr. Gentry stated that he would like for the Board to request adding Zion Crossroad on Interstate 64 due to the growth in that area. NEW BUSINESS On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved a tax exemption from real property taxes for the Fluvanna/Louisa Housing Foundation for undeveloped land owned in Louisa County. COMMITTEE REPORTS On motion of Mr. Jennings, seconded by Mr. Wright, which carried by a vote of 7-0, the Board appointed Mr. Walter Barrett to the Affordable Housing Committee.
COUNTY ADMINISTRATOR REPORT Mr. Lintecum noted that due to New Year holidays the first meeting in January needs to be changed and asked if January 3rd would be acceptable to the Board. Mr. Lintecum further noted that no public hearings have been scheduled for this meeting. On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board agreed to hold the first meeting of January 2007 on January 3, 2007.
Mr. Lintecum asked the Board whether the Zoning Workshop should be scheduled for December 19th or December 20th. It was agreed by the Board to hold the workshop on December 19th at 6:00 p.m. in the Louisa County office building. Mr. Wright confirmed that this will be a workshop with no public input. Mr. Lintecum stated that there will be no public hearing at this meeting, however a separate meeting would be held on the changes following the workshop. Approve - Interlocal Agreement to implement the Workforce Investment Act On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the Interlocal Agreement to implement the Workforce Investment Act. Resolution Supplemental appropriation for the Sheriffs Department for vehicle replacement On motion of Mr. Wright, seconded by Mr. Havasy, which carried by a vote of 7-0, the Board approved the supplemental appropriation for the Sheriffs Department for vehicle replacement.
Schedule Public Hearing - REZ17-06; Rosa L. Winston, et als, (Louisa County Circuit Court Chancery Case), Applicants; Rosa L. Winston, et als (John H., Mary S. and Eppie Waller, Heirs), Owners; Harold H. Purcell and James L. Lillie, III, Esquires (Special Commissioners), Agents. (January 16, 2007) On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for REZ17-06; Rosa L. Winston, et als, (Louisa County Circuit Court Chancery Case), Applicants; Rosa L. Winston, et als (John H., Mary S. and Eppie Waller, Heirs), Owners; Harold H. Purcell and James L. Lillie, III, Esquires (Special Commissioners), Agents; request rezoning of approximately 42.32 acres from Agricultural (A-1) to Agricultural (A-2).
Schedule Public Hearing - REZ18-06; Woodview Properties, LLC, c/o Ivan Cowger, III, Applicant; Gloria Clarke and Otelia G. Mallory Family Trust, Owners; requests rezoning of approximately 54.25 acres from Agricultural (A-2) to Residential General (R-2). (January 16, 2007) On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for REZ18-06; Woodview Properties, LLC, c/o Ivan Cowger, III, Applicant; Gloria Clarke and Otelia G. Mallory Family Trust, Owners; requests rezoning of approximately 54.25 acres from Agricultural (A-2) to Residential General (R-2).
Schedule Public Hearing - Amend Section 86-464 Districts described to add Taylors Creek (#2) Agricultural and Forestal District. (January 16, 2007) On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 to amend Section 86-464 Districts described to add Taylors Creek (#2) Agricultural and Forestal District.
Schedule Public Hearing - Review and consideration of the 2006-07 Louisa County Capital Improvements Program, based on the 2006 Comprehensive Plan and in accordance with Section 15.2-2239 of the State Code of Virginia. (January 16, 2007) On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for review and consideration of the 2006-07 Louisa County Capital Improvements Program, based on the 2006 Comprehensive Plan and in accordance with Section 15.2-2239 of the State Code of Virginia. (January 16, 2007)
Schedule Public Hearing - Review and consideration of a cash proffer policy in the amount of $4,362.00, based on the approved 2006-07 Louisa County Capital Improvements Program and in accordance with Section 15.2-2298 of the State Code of Virginia. On motion of Mr. Wright, seconded by Mr. Havasy, which carried by vote of 7-0, a public hearing is scheduled for January 16, 2007 for review and consideration of a cash proffer policy in the amount of $4,362.00, based on the approved 2006-07 Louisa County Capital Improvements Program and in accordance with Section 15.2-2298 of the State Code of Virginia.
CORRESPONDENCE Mr. Harper asked if discussion was needed regarding the letter from Mr. Ricky Bywater. Mr. Lintecum indicated that he would pass the letter on to the schools asking for their comments and then report back to the Board. On motion of Mr. Wright, seconded by Mr. Havasy, with Mr. Harper abstaining on bills pertaining to him, which carried by a vote of 7-0, a resolution was adopted approving the bills for the second half of November 2006 for the County of Louisa in the amount of $455,701.53. APPROVAL OF MINUTES On motion of Mr. Wright, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted the minutes of the November 6, 2006 meeting. On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board adopted the minutes of the November 8, 2006 meeting.
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board adopted the minutes of the November 20, 2006 meeting. CITIZEN INFORMATION PERIOD Watershed Based Plan for Acid Mine Drainage Remediation
Mr. Purcell questioned what, if any, expense the County would incur and noted that this looks like a good program. Mr. Harper noted that the program is between several agencies and private individuals. Mr. Harper stated that there will be no monetary obligation to the County, rather this will be an endorsement of the program by the County. Mr. Jennings noted that he could also bring this issue before the Lake Anna Advisory Committee for their endorsement.
On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board endorsed the Watershed Based Plan for Acid Mine Drainage Remediation.
CLOSED SESSION
On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 5:40 p.m. for the purpose of discussing the following:
1. In accordance with §2.23711 (a) (7) of the 2. In accordance with §2.23711 (a) (1) of the REGULAR SESSION On motion of Mr. Wright, seconded by Mr. Jennings, which carried by a vote of 7-0, the Board voted to return to Regular Session at 6:58 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Mr. Gentry, seconded by Mr. Purcell, 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 4th day of December 2006, 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 4th day of December 2006, 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
REZ16-06; Eloise N. Rogers, Applicant/Owner; Mary Johnson, Bell Surveys, Inc., Agent; requests rezoning of approximately 29.263 acres from Agricultural (A-2) and Residential General (R-2) to General Commercial (C-2). The property is located in the northeast corner of the intersection of Route 208 (New Bridge Road) and Route 670 (Oak Grove Drive). The property is further identified as tax map parcel 17-25, in the Mineral Magisterial and Voting Districts.
Mr. Coffey stated the Comprehensive Plan designates this area of Louisa County as regional service bordering mixed use within the Lake Anna designated growth area. Mr. Coffey noted that one person was in attendance at the Neighborhood Meeting held on September 13, 2006. This individual expressed an interest in knowing the types of commercial uses that the developer had in mind for the property and expressed concerns with unattractive commercial activity similar to the type that currently exists in the area. The agent advised that an attractive site was a concern for the developer as well and that buffering with a landscape plan would be part of the project. As far as specific uses, the agent indicated that it is hard to attract potential commercial users until the actual zoning is in place; however, the developer is targeting uses that the Lake Anna area has verbally indicated in the past that they would like to see in this area.
The Development Review Committee met on September 27, 2006. Several Committee members agreed that they did not have an issue not having a definitive conceptual plan and that they should make their recommendation based on the information presented to them. The Committee voted 5-0 to forward a recommendation of approval to the Planning Commission. The Planning Commission held a public hearing on October 12, 2006 at which there was one person present that spoke during the public hearing. This citizen indicated that they were speaking on behalf of several other property owners and supported the rezoning request with the proffers that were presented. The Planning Commission voted 6-0 to forward a recommendation of approval to the Board of Supervisors with the proffers as presented by the applicants agent. Mr. Coffey provided a copy of the proffers to the Board members for their reference. Mr. Coffey stated that the application appears to be compatibility with the area land use, zoning patterns and consistent with the Comprehensive Plan designation of this area. Mr. Havasy asked how much control the Planning Department will have on the landscaping in regard to the Architectural Review Board. Mr. Coffey indicated that this is ultimately left up to the Architectural Review Board (ARB) so if this proffer is accepted it will be legally enforceable. Mr. Coffey stated that due to applicant and history he feels comfortable with the wording of this proffer and the ARB will handle this appropriately. Mr. Havasy agrees in regard to the applicants reputation but still questions wording. Mr. Coffey indicated although this will be under the ARB, if board members were to change it would then be a proffer amendment and would go back through the public process. Mr. Wright questioned if a group home could legally be proffered out in commercial zoning. Following discussion with members of the Board it was agreed that this could be addressed at a later time.
With no other citizens wishing to address the Board, Mr. Barnes closed the public hearing and brought discussion back to the Board. Mr. Purcell noted that an ARB can be altered as the covenants are altered and the owners of this property have vested interest in making sure this is a nice development. Mr. Purcell stated that the larger issue is the question of speculative rezoning; it is not uncommon for an applicant to want to rezone to the highest and best use possible in order to attract upscale activities and sees no problem with it. Mr. Harper indicated that as other members have stated, he believes the applicants will do what they have promised and also appreciates the homeowners concerns in wanting to see that the entrance stays attractive. Mr. Harper stated that he is confident the applicant will proceed in that manner, that homeowners will be consulted, that there will be a meeting of the minds in what is best and he supports this rezoning.
On motion of Mr. Harper, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board approved the rezoning request. Amend the Louisa County Code, Section 14.41, dogs running at large in certain subdivisions; penalty for violation, to add Hidden Hills Subdivision, Green Springs District, Louisa County, Virginia. On motion of Mr. Havasy, seconded by Mr. Wright, which carried by a vote of 7-0, the Board amended the Louisa County Code, Section 14.41, dogs running at large in certain subdivisions; penalty for violation, to add Hidden Hills Subdivision, Green Springs District, Louisa County, Virginia. ADJOURNMENT On motion of Mr. Gentry, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to adjourn the regular meeting at 7:30 p.m. BY ORDER OF |