|
Minutes of other Meetings |
Minutes of the Board of Supervisors
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
5:00 P.M. 
CALL TO ORDER Chairman Wright called the January 16, 2007 regular meeting of the Louisa County Board of Supervisors to order at 5:00 p.m. Mr. Havasy led the invocation, followed by the Pledge of Allegiance. CITIZEN INFORMATION PERIOD
Justin Boynton, Caroline County, VA, stated that he would like the Board to consider postponing the public hearing for the rezoning of 18-06, Woodview Properties. Bruce Martin, Mineral District, stated that he was concerned with the fact that the building and development policy of Louisa County were going through changes to the zoning code. Mr. Martin said that citizens have no idea on what to expect. Mr. Martin asked the Board for a build out map designated to the public and to the leaders of the County on exactly where the County stands. Mr. Martin stated that this would be a map that would take in consideration all recorded lots, applied building permits, and generally all information for future development. Mr. Martin stated that the public is expected to give comments and input on what is the best future policy for the County and with that said, Mr. Martin is requesting a developmental map for a clear view of where Louisa County stands at this time. ADOPTION OF THE AGENDA
Mr. Harper stated that he would like to postpone the public hearing for the rezoning of 18-06, Woodview Properties. Mr. Morgan asked to add consultation with legal counsel to closed session.
On motion of Mr. Harper, seconded by Mr. Barnes, which carried by a vote of 7-0, the January 16, 2007 agenda was adopted as amended.
PRESENTATIONS
Resolution - Recognizing Fitzgerald A. Barnes Mr. Wright stated that he would like to express his thanks to Mr. Barnes for all of his personal involvement with the Board. On motion of Mr. Jennings, seconded by Mr. Havasy, which carried by a vote of 6-0-1, with Mr. Barnes abstaining, the Board adopted a resolution to recognize Fitzgerald A. Barnes for serving as Chairman from January 2004 to December 2006. Resolution Recognizing Willie L. Gentry, Jr.
Mr. Wright stated that he would like to extend his thanks to Mr. Gentry for what he has done for the County and what he will continue to do.
OLD BUSINESS Mr. Purcell stated he would like the Board to discuss a possibility of having verbatim minutes of Board meetings. Mr. Purcell stated he would like to have a recording of exactly what people say. Mr. Purcell further noted that having summary minutes of meetings is not helpful if a complete, detailed record of what is said at each meeting is required for future clarification. On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, for the Board to adopt the Bylaws for the Louisa County Board of Supervisors. Update Water Case/McGuire Woods
Mr. Stewart Leeth with McGuire Woods, said he was pleased to present information about the water case and to report that the suit is over. Mr. Leeth stated that in 2004, landowners brought suit against the County challenging the transfer of water to wells in the Green Springs area. Mr. Leeth explained the first suit involved eight different counts against the County and another case was filed in 2005. Mr. Leeth added both cases were consolidated and involved fourteen different counts, all stating that the transfer of water was illegal and alleged that use of the wells was not in code. Mr. Leeth stated the Court had a six-day trial and heard evidence from both sides. Mr. Leeth said the Court rejected all claims and dismissed the case. Mr. Leeth added the Court stated that the rule in Virginia for the issue of water transfer is a rule for reasonable use. Mr. Leeth said this was a very good case and a well-reasoned decision by the court. Mr. Barnes stated he kept hearing different outcome and wanted clarification on the outcome of the litigation. Mr. Leeth stated that the case was dismissed. Mr. Leeth further explained the plaintiffs had not proven their case and it is over at this point. Mr. Purcell asked how long the County worked on this case. Mr. Leeth said the entire process took about two and a half years. . Mr. Wright thanked Mr. Leeth for the good work.
Mr. Harper stated that code enforcement in the County has always started with a complaint. Mr. Harper stated the County would respond to complaints but should also address obvious issues at the same time. Mr. Gentry and Mr. Havasy commented that they agreed with Mr. Harper. Mr. Lintecum stated the staff knows the direction the Board wants to go in regards to code enforcement.
NEW BUSINESS COMMITTEE REPORTS Mr. Wright explained he wanted to report that the meeting with the School Board went pleasantly well. Mr. Gentry stated he would like to report that the Shoreline Committee had met and the Committee has not yet received a summarization back where everything could be checked off on but that should happening the near future. Mr. Jennings stated the Water Authority met last week and that the County now has 299 customers with two customers being the Town of Louisa and the Town of Mineral. Mr. Jennings stated the Water Authority is in need of another building. BOARD APPOINTMENT Mr. Wright stated he would like to give the appointments for the following Board members to the 2007 Committees:
On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board appointed the above-mentioned Board members to the 2007 Committees. Mr. Havasy said he would like to reappoint Robert Clarke, Jr. to the Industrial Development Authority.
On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board appointed Mr. Robert Clarke, Jr. to the Industrial Development Authority.
COUNTY ADMINISTRATOR REPORT
Mr. Lintecum reminded the Board of the upcoming Board meetings. Mr. Barnes asked Mr. Wright if the Board would vote on the changes to the Zoning and Subdivision Ordinance at the public hearing next Monday or wait to discuss the issue and then bring it up at another meeting. Mr. Gentry stated some issues probably could be voted on, however, others require more time involvement. Mr. Wright said he thinks what the Board may consider will depend on the additional information received from the public, but he likes the time to discuss the information before making a decision. Mr. Wright stated he would like to postpone the final decisions at the public hearing on January 22, 2007.
On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board adopted a resolution for a No Trash Dumping sign to be placed on Carter Road (route 792). CORRESPONDENCE
Mr. Lintecum mentioned to Mr. Wright that the Virginia County Board Chairpersons Institute would be held from February 1, 2007 through February 3, 2007 and asked if he and Mr. Harper would like to attend. Mr. Wright stated he wanted to go but Mr. Harper said he is undecided. Mr. Wright asked the Board to look at the invitation for the Charity Spaghetti Dinner for the Nicholas Williams Foundation on January 27, 2007 and decide if any of the Board members would like to attend.
APPROVAL OF BILLS On motion of Mr. Gentry, seconded by Mr. Barnes, with Messrs Wright, Harper, Havasy, Gentry and Jennings abstaining on bills pertaining to them, which carried by a vote of 7-0, a resolution was adopted approving the bills for the first half of January 2007 for the County of Louisa in the amount of $740,595.82. APPROVAL OF MINUTES On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the minutes of the December 18, 2006 meeting. On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board adopted the corrected minutes of the January 3, 2007 meeting.
CLOSED SESSION On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to enter Closed Session at 6:03 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.
REGULAR SESSION
On motion of Mr. Barnes, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to return to Regular Session at 7:00 p.m. RESOLUTION - CERTIFICATION OF CLOSED SESSION On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 7-0, the Board voted to adopt the following resolution: PUBLIC HEARINGS 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). The property is located on the west side of Route 635 (West Chapel Road), south of Route 661 (Crewsville Road). The property is further identified as tax map parcels 98-9, 98-11, 98-12, 98-13 and 98-14, in the Jackson Magisterial District and Mountain Road Voting District. No persons, other than one of the Special Commissioners, were present to discuss this application in the Neighborhood Meeting held on October 11, 2006. The Development Review Committee met on October 25, 2006 to review this application. The Committee briefly discussed the request and voted unanimously to forward a recommendation of approval to the Planning Commission on the requested rezoning. Mr. Havasy questioned if all of the lines would become vacated and make this one piece of property or would this still remain as five lots. Mr. Coffey stated that the parcels would remain as they are. On motion of Mr. Wright, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board agreed to approve the applicants request to rezone approximately 42.32 acres from Agricultural (A-1) to Agricultural (A-2).
REZ19-06; Huntington Way, LLC and Purcell Land & Timber, LC c/o Charles F. Purcell, Agent; Purcell Land & Timber, LC and Purcell Land & Lumber Corporation, Owners; request conditional rezoning of approximately 85 acres from Agricultural (A-2) to Planned Unit Development (PUD). The property is located on the south side of Route 22 (Davis Highway), approximately 2.0 miles west of Mineral along Shortmans Road. The property is further identified as tax map parcels 42-(14)-4, 42-(14)-5, 42-(14)-12, 42-(14)-14, 42-(14)-18 and a portion of 42-93 in the Mineral Magisterial District and Mineral Voting District. The 2006 Comprehensive Plan designates this area of Louisa County as Mixed Use within the Town of Mineral Designated Growth Area. There were two people, other than the applicant and their representatives, present to discuss this application in the Neighborhood Meeting held on November 8, 2006. Concerns were expressed over the ability of Rt. 22/208 to accommodate the additional number of vehicles generated by the proposed residential development. There were suggestions of ways that may help to alleviate some of the concerns such as getting VDOT to reduce the speed limit and eliminating the passing zone in this location. One citizen asked if the trees along Route 22/208 were going to be removed. The applicant indicated that the plan was to leave as much as possible and only clean out the underbrush to beautify the road frontage.
The Development Review Committee met on November 21, 2006 to review the requested proposal. After the applicants presentation, Committee members asked questions about access, ownership of the open space, buffers, wetlands and cost of housing units.
After more discussion, it was the consensus of the Development Review Committee that a lot of thought and planning had gone into the proposal and the Committee voted (7-0) to forward a recommendation of approval to the Planning Commission with the proffers submitted by the applicant.
The Planning Commission held a public hearing on December 14, 2006 at which there were twelve people present who supported the rezoning request. There were some concerns with the traffic along Route 22 and suggestions of lowering the speed limit or adding a traffic light were presented.
After much discussion and consideration, the Planning Commission voted 7-0 to forward a recommendation of approval to the Louisa County Board of Supervisors on the requested conditional rezoning request.
Mr. Wright asked for a brief discussion about the Plan Unit Development to understand about the mix of the proposed subdivision. Mr. Coffey stated the Plan Unit Development is to allow for more flexibility and creativity and for a higher density in and near growth areas. Mr. Coffey explained commercial and residential properties could be combined and also a variety of houses could be used. Mr. Coffey stated the growth areas concept could be taken and also be implemented. Mr. Wright opened the public hearing and Mr. Purcell stated he would be abstaining from this vote.
Mr. Charles Purcell stated he thinks this project will keep the people that are important to the community in the community and would like the Boards support for this. Mr. Wright asked would there be too much growth at one time. Mr. Charles Purcell indicated this project would take about ten years to complete. Major Donald Lowe, Cuckoo District, stated he is a supporter and a firm believer of affordable housing. Major Lowe said he is excited that something is actually being done about this issue and not just being talked about. Major Lowe stated he can see where citizens can find interest in this development and he feels this project is very important to the community. Major Lowe requested the Board to consider approval. Mr. Jamie L. Daniels, Sr., Cuckoo District, stated he is in favor of this project and is in support of rezoning this area. Mr. Daniels explained this project will put ease on taxpayers and he is in support of this plan and thinks that everything is looking good. Ms. Jean Moss Holland, Jackson District, stated this development would bring more revenue in the County, which would eventually benefit taxpayers. Ms. Holland said she likes to see Louisa County progress. Dr. G.W. McLaughlin, Louisa District, stated he supports this project because affordable housing can be helpful to education assistance. Mr. McLaughlin said he knows of many people traveling far distances to and from work and that he thinks this project would keep the County employees from having to travel those distances. Mr. McLaughlin stated he doesnt see any negatives to this development and he is aware that this is located in a growth area of Mineral. Mr. McLaughlin said this plan would be a tremendous asset that the County cannot afford to turn down. Mr. Stewart Cameron, Mineral District, stated he was in favor of this project and he feels that this would increase the membership for the Volunteer Fire Association. Mr. Cameron said since the physical location of this development is within five miles of the fire station, this will result in a reduction of homeowners premium for insurance claims. Mr. Lewis Keller, Mineral District, stated he supports this project because it offers affordable housing that is greatly needed in Louisa County. Mr. Keller said the location is another benefit for fire, police and rescue for answering emergency calls. Mr. Keller stated he encourages the Board to approve this development. Mr. Jerry Cutright, Mountain Road District, stated he supports this development for the Cross Country trails. Mr. Cutright said this is an opportunity for the high school team to have eight acres and this development will be a tremendous asset to the program. Mr. Cutright stated he also thinks this project will keep teachers and coaches in the community. Mr. Pat Janovick, Patrick Henry District, stated he supports this development not only as a coach for the cross-country team but also as a believer for affordable housing. Mr. Janovick said a lot of people come and go because affordable housing is not available throughout the County. Mr. Janovick asked for the Boards support to vote in favor of this development. Mr. Doug Straley, Louisa District, stated he supports this project for the cross-country course and for workforce housing. Mr. Straley noted for the past three years, the number one reason that citizens leave this County is because they need affordable housing in areas where they do not have to travel a great distance to work. Mr. Straley said this would be a great addition for the cross-country program as well. Mr. Straley added this would be a wonderful asset to the County, coaches, and teachers. Mr. A.G. “Sambo” Johnson, Mineral District, stated he couldnt find anything wrong with the plans for this project. Mr. Johnson said the water and sewer lines need volume of business. Mr. Johnson stated the development would be on a primary road and that is the best for traffic conditions. Mr. Johnson added this development would be good for the school system and will help with places to live in the County. Mr. Johnson indicated he feels this plan will increase the value in the community and will help the community grow. Mr. Johnson said everyone is entitled to a home but only a few people can buy a home because of cost. Mr. Bruce Martin, Mineral District, stated this development would add growth to the community that the County needs for affordable housing. Rev. Charles Sims, Patrick Henry District, stated he was pleased to hear about continuation concerning this project. Rev. Sims added that he is for affordable housing and is concerned about young people. Rev. Sims stated what the County does today will speak for what the County will do tomorrow and he is proud of the community and he thinks that advertising is the best thing that citizens can do for the County. Ms. Mary Purcell Brown, Fluvanna County, VA, stated she is in support of the subdivision based on her experiences growing up in Louisa County and as a teacher in the County. Ms. Brown said this development would give residents a safe place to exercise and she believes that the athletes in this County deserve a top-notch cross-country course. Ms. Brown stated she believes this project would provide nice affordable housing for citizens in the County. Mr. Alfred E. Wood, Richmond, VA, stated he was not in favor of this development. Mr. Wood explained one concern he has is that being a neighbor of the project, he feels his property would become a local dump and be vandalized. Mr. Wood said the density is too high and he feels this development would take away from the rural setting this area currently has. Mr. Wood stated no one has contacted him about this project and if this application were approved, he would like to see a high fence bordering his property to keep his property clean and keep people out. Mr. Wood indicated this development seems great for everyone else in the County, considering they are not neighbors. Alan Webber, Richmond, VA, stated he is not taking a position for or against this project, but he would like to advise that any development has major impacts on the water and sewer within the County. Mr. Webber explained he trusts that the County will take storm water management into consideration. Mr. Webber stated he understands Mr. Woods point about this project, however, it seems it is a local cultural issue. Mr. Webber asked Mr. Charles Purcell what the time frame for the development would be. Mr. Charles Purcell stated that from the communitys stand point, this development would be maintenance free and management company have a major interest in keeping this area nice and clean. Mr. Charles Purcell explained a Homeowners Association would maintain this area. Mr. Gentry stated this project is good for affordable housing and it is great to hear about this development especially since this is in a growth area. Mr. Gentry explained he sees no negatives to this project. Mr. Barnes said he is a supporter of affordable housing and of the cross-country trail. Mr. Barnes stated this development will help in retaining teachers and keeping educators involved in the community and he is excited about this project. Mr. Havasy said it is very rare to see this much support in favor of a project. Mr. Jennings stated this project is very important because it will shift some of the Countys growth to the Mineral area and supports affordable housing. Mr. Wright stated his only concern is the traffic but this issue couldnt be resolved overnight. Mr. Harper said this development is something that the County needs. On motion of Mr. Harper, seconded by Mr. Barnes, with Mr. Purcell abstaining, which carried by a vote of 6-0-1, the Board agreed to approve the applicants request to rezone approximately 85 acres from Agricultural (A-2) to Planned Unit Development (PUD). Amend Section 86-464 Districts described to add Taylors Creek (#2) Agricultural and Forestal District. Claire and Leslie Newman, Stephen and Tara Dean, Sharon Lynn Ramsey and Donald Gresham, Tiffany Varney, Karen Swank, Nick and Kathy Levay, Erin and Doug Wood, Theresa and Stanley Gonyo, Beverly Rainey, Barbara Babin, Richard Pardue, Patrick and Julia Godek, David and Monika Fenner, Cindy Kuster, Robert and Suzanne Bowman, Cheryl Klaty, Joshua Brooks, Jr. and Hazel T. Thacker (ODell), request that the following properties create and be included in the Taylors Creek Agricultural and Forestal District: Tax Map Parcels 92-(5)-4, 92-(15)-9, 92-(5)-11, 92-(14)-C1, 92-(5)-13, 92-(5)-12, 92-(5)-15, 92-(15)-10, 92-(5)-10, 92-(15)-13, 92-(15)-5, 92-(15)-7A, 92-(15)-14, 92-(5)-8, 92-(15)-4, 92-(33)-1, 92-(5)-14B, 92-(5)-5, 92-(5)-6 and 92(5)-7. The proposed district is located on the east and west sides of Route 602 (Copperline Road), north of the intersection of Route 661 (Crewsville Road). It is proposed as 232.814 acres; with 210.80 acres in the district core; which is over the required 200-acre minimum. The Louisa County Comprehensive Plan supports the formation and continuation of Agricultural and Forestal Districts in the County. The 2006 Comprehensive Plan designates this area of Louisa County as Agricultural/Very Low Density Residential, which is intended to promote the open character of Louisa and to protect active agricultural uses. A ten-year term has been requested. The Agricultural and Forestal District Review Committee met on November 9, 2006 and voted to forward a recommendation of approval to the Planning Commission. The Planning Commission also held their public hearing on November 9, 2006 at which there were two people present that spoke in favor of forming the district. After consideration of the application, the Planning Commission voted 7-0 to forward a recommendation of approval to the Board of Supervisors on the creation of the Taylors Creek (#2) Agricultural/Forestal District for a ten-year term. Claire Newman, Mountain Road District, Applicant, stated she sees this rezoning as one-way to protect the rights to continue doing agricultural activities, such as raising livestock. Ms. Newman said in this County there is an effort to protect the rural agricultural character and historical culture and she hopes that the Board will support to rezone this area. The Planning Commission conducted a public hearing on the Countys Capital Improvement Program (CIP) on November 9, 2006. After the Planning Commissions review of the Capital Improvement Program (CIP) on November 9, 2006, they unanimously recommended approval to the Board of Supervisors.
Mr. Barnes stated he couldnt recall the Board formally adopting $16 million for the renovation of Thomas Jefferson Elementary School. Mr. McLeod stated the request started with $8.8 million and a recommendation was received from the school for $22 million during one of the work sessions. Mr. Jennings said he had done a calculation on what he thought the renovation should cost and came up with $16 million. Mr. McLeod indicated no formal adoption of monies was approved for the renovations; the only approval was for the Capital Improvement Program (CIP). Mr. Gentry asked what year was showing in the CIP. Mr. McLeod stated it was FY 08-09 split. Mr. Wright stated the CIP has to go through the Planning Commission for approval for the cash proffers. Mr. Barnes stated he does not want to send a false message to the public on legitimate cost or have confusion and he would like the Board to be upfront as they go along. Mr. McLeod stated a five-year plan is talked about but the Board only appropriates money for the current year. Mr. Coffey added the Planning Commission likes the opportunity to review and look at the mechanics of the CIP. On motion of Mr. Purcell, seconded by Mr. Gentry, with Mr. Barnes voting against, which carried by a vote of 6-1, the Board agreed to approve the 2006-07 Louisa County Capital Improvements Program (CIP). 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. The purpose of the cash donation is to help the locality fund public infrastructure improvements such as schools, roads, etc. The Code of Virginia (§15.2-2298) allows for such donations in high growth areas of the Commonwealth (growth over 10%) such as Louisa County (as reported by the 2000 U.S. Census). By statute, such cash proffers must be voluntary. The Planning Commission conducted a public hearing to consider this cash proffer policy on November 9, 2006. The Commission unanimously recommended a maximum cash proffer of $4,362 per lot as part of subdivision development as a result of a rezoning process. Cash proffers would be voluntary, as part of the rezoning process, but the policy would set the maximum amount that could be accepted by the County. Cash proffers are also proposed to be accepted at the time of building permit application. On motion of Mr. Gentry, seconded by Mr. Barnes, which carried by a vote of 7-0, the Board voted to recess the January 16, 2007 meeting at 9:20 p.m. until January 19, 2007 at 1:00 p.m.
BY ORDER OF |