Board of Supervisors: March 1, 2005

March 1, 2005

March 1, 2005

Virginia:

At a Special Called Meeting of the Nelson County Board of Supervisors on March 1, 2005, 7:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary E. Wood, Chair
       Harry S. Harris, Vice Chair
       Constance Brennan, Supervisor
       Thomas H. Bruguiere, Jr., Supervisor
       Thomas D. Harvey, Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk
       Betty M. Fortune, Secretary, Planning & Zoning

Agenda Item Number 1. Call Meeting to Order

Supervisor Wood called the meeting to order at 7:00 p.m.

Agenda Item Number II. Review of Zoning Ordinance

The Board of Supervisors continued review of the proposed Zoning Ordinance as follows:

Chapter 1: Constitution of Zoning Ordinance

An additional review of the purpose of Chapter 1 was discussed. No additional changes were made.

Chapter II: General Regulations

A.   Purpose and Intent: General Effect of Zoning Ordinance

Clarification of A was discussed.

B.   Administration and Enforcement

The Board, by consensus, agreed to include ãA Certificate of Appropriatenessä in the Definition Section.

March 1, 2005

Providing a list to citizens including what is required when applying for permits, etc., was discussed.

C.   Administration and Enforcement

In the first paragraph, ãwho shall be appointed by the Board of Supervisors and administered by the County Administratorä was deleted; in the next sentence, the Planning Director and such staff members or committees as may be assigned to or appointed by the Planning Director (changed to County Administrator) shall have all necessary authority on behalf of the County to administer and enforce the provisions of this ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, the bringing of legal action to ensure compliance with this ordinance, including, but not limited to, injunction, abatement or other appropriate action or proceeding.

D.   Certificates of Use and Occupancy

Mr. Boger was directed to revise Paragraph 2 to state citizens can live in a structure while it is being renovated.

G.   Interpretation of Zoning District Boundaries

Mr. Boger was directed to include a definition of a ãwater bodyä and in Paragraph 5 deleted marsh and included ãwater body.ä

J.   Physical Land Units and Open Space (or) Density, Open Space and Lot Coverage

Changed Title to Physical Land Units.

Paragraph 2, ãLands in common open space shall be so covenanted and (deleted perpetually maintained, managed) and owned by a non-profit organization (include individual) or other legal entity established under the laws of the State of Virginia.ä

Paragraph 3 was deleted.

Paragraph 4, Maximum lot coverage standards, where specified for certain zoning districts, shall be construed to include that portion of a lot occupied by buildings or structures which are roofed or otherwise not open to the sky (deleted and which are greater than three feet in height).

March 1, 2005

L. Public Sanitary Sewerage Facilities

Paragraph 2, ãSection 15.2243 ofä was deleted.

     M. Public Water Facilities

Paragraph 1, The facilities cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor, (added or similar reference).

Paragraph 2, ãSection 15.2-2243 ofä was deleted.

Paragraph 5, ãprovided that the height of the garage shall not exceed the height of the primary residential structureä was deleted.

Paragraph 8 was deleted.

P.   Accessory Apartments

Paragraph 4, a, ãshall have one kitchen and shall have no more than two bedrooms, one bathroom and one all purpose room andä was deleted.

Paragraph 4, b, was deleted.

Q.   Walls and Fences

Paragraph 4, ãTrellises and trellis work, play equipment, outdoor furniture, mailboxes, ornamental entry columns, (ãandä was deleted) gates, (added ãor similar structuresä) are allowed within required yards.

The Board of Supervisors concluded the work session on the Zoning Ordinance and stated they would begin with äR. Resource Extraction under Chapter 2ä at the next Zoning Work Session.

The next Zoning Work Session was scheduled for the third Tuesday, March 15, 2005, 7:00 p.m.

Additionally, the Budget Work Session was scheduled for March 9, 2005 instead of March 10, 2005 from 6:00 p.m. to 9:00 p.m.

Agenda Item Number III. Other Matters

Supervisor Harvey made a motion to adjourn the Meeting, and subsequently withdrew the motion in order to receive an update on the Wintergreen Community Development Authority Project.
March 1, 2005

Mr. Carter gave an update on the proposed Wintergreen Community Development Authority Project, and recommended the Board review the proposed petition before scheduling a Public Hearing.

Additionally, Mr. Carter gave a brief overview of the proposed Fiscal Year 2005-2006 Budget which included a local Assessorâs Office and paid Emergency Medical Services Personnel.

Agenda Item Number IV. Adjournment

Re: Adjournment

On a motion by Mr. Harvey, seconded by Mr. Bruguiere, with Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby adjourn the March 1, 2005 Meeting.