Board of Supervisors: June 21, 2005

June 21, 2005

June 21, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on June 21, 2005, 6:05 p.m., at the Courthouse in Lovingston, Virginia, thereof:

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

Agenda Item Number 1. Called Meeting to Order

Chair Wood called the Meeting to order at 6:05 p.m.

Agenda Item Number II. Review of Zoning Ordinance

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

Chapter 3.1: Light Industrial District

D.   Prohibited Uses

Deleted D, Prohibited Uses

H.   Open Space

H. 2, Changed 15 percent to 10 percent in first sentence.

I.   Final Plat/Site Plan

I.2, Mr. Boger was directed to review 2, and provide recommendations at the next
            Zoning Work Session.

J.   Additional Regulations

J.9, Changed “a minimum setback of 75 feet to 50 feet.”

June 21, 2005

Chapter 3.J: Heavy Industrial, H-I

A.   Purpose and Intent

In the second sentence, added “to” in In order supplement.

In the third paragraph, first sentence, added “or private” after public and deleted “water and sewer” and in the second sentence, added “or private” after public.

B.   Permitted Uses

Mr. Boger was directed to review B, and provide recommendations at the next Zoning Work Session.

C.   Prohibited Uses

C, Prohibited Uses were deleted.

F. Lot Size Requirements:

Under 2, deleted “with public water and sewer.

In the paragraph under F.2, deleted “In the determination of minimum lot size.”

H. Open Space

2.   Deleted “provided that no more than fifty (50) percent of the landscaped open space shall consist of land classified as 100 year floodplain, rivers, stream valleys, wetlands, slopes in excess of 35%, or drainage easements.”

I. Final Plat/Site Plan

Mr. Boger was directed to modify 2.

K.   Additional Regulations

9.   Second sentence, changed “50” to “75”.

10.   a. Mr. Boger was directed to review in order to determine if 10. a. is needed.

14. Fourth line, Chapter 3.I: was changed to “3.J”.

Chapter 3.K

Planned Community Development Overlay District, PCD-O

A.   Purpose and Intent

Mr. Boger was directed to check with County Attorney Payne on the legality of A.

In the fourth line after ownership “and” was changed to “or.”

Added 9. “An Environmental Impact Study.”

Added 10, “A Transportation Impact Study.”

B.   Special Zoning Amendment Application Requirements

Under 5, Phase 2 submission and review process

j, Mr. Boger was directed to check on the legality of j.

C.   Permitted Uses

Under 3, changed N-B to VMU (Village Mixed Use).

Under 12, directed Mr. Boger to check on “approval by the County Attorney.”

J.   Final Plat/Site Plan

Deleted 2 (Second Paragraph).

Concluding review of 3.K, the Board scheduled June 30, 2005 and July 6, 2005, 6:00 p.m. to further review the Zoning Ordinance.

The Board will review Chapter 3.L, Corridor Overlay District, C-O on June 30, 2005.

Agenda Item Number III. Other Matters

A.   Consider Adoption of Article IV. – Consumer Utility Taxes:
Repeal Sections 11-101 through 11-108 and Enact New Provisions in Place
Thereof as Article IV. Telecommunications Service Tax, Sections 11-101 through 11-108.

B.   Consider Adoption of Article IV. – Transient Occupancy Tax: Amend and Re-Enact Section 1-131 – Levy of Tax.

C.   Consider Adoption of Article VIII. – Electricity Consumer Tax: Amend and
Re-Enact Section 11-173 – Electric Utility Consumer Tax.

Mr. Carter stated that Wintergreen has requested the Board to increase the Transient Occupancy Tax to three percent as opposed to five percent, and in turn will request the General Assembly to change legislation to allow the taxing of condos.

Supervisor Harris stated that the Board needs to discuss the issue and noted that it concerns him that it may not happen. Mr. Harris noted that anything above two percent will go to Tourism.

Concluding discussion, the Board of Supervisors deferred the proposed Amendments.

Supervisor Brennan asked if the County is working on preparing a Noise Control Ordinance and if not should someone be hired to work on an Ordinance?

Mr. Carter stated that he will check with County Attorney Payne regarding the status of the proposed Ordinance.

Supervisor Wood requested Mr. Payne to discuss the proposed Ordinance with the Board before June 30th.

Supervisor Harris also requested Mr. Payne to review the County’s Animal Control Ordinance for possible amendments regarding vicious dogs.

Agenda Item Number IV. Adjournment

Re: Continuance of June 21, 2005 Meeting to June 30, 2005

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the June 21, 2005 Meeting to June 30, 2005, 6:00 p.m.

___________________________________, Chair