Board of Supervisors: July 6, 2005

July 6, 2005

July 6, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on July 6, 2005, 6:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary D. 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

Agenda Item Number I. Call 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.L: HISTORIC OVERLAY DISTRICT, H-O

C. District Administration: Review Board

2.   General Consideration for Review (Page 143)
      B. In the second line, deleted “and color” and included “and” before texture.

4. Exemptions from Review (Page 145)
     G. In the first line, deleted “in” and added “on” a residential and added “lot.”

7. Requirements to Advertise
     Changed “7” to “6”.

7. Application Submission Requirements (Page 146)

D.   7, deleted “and”

D.   8, second line added “and”

July 6, 2005

D.   I. Added “Signatures of all owners of properties subject to the application.”

13. Appeal of Board of Supervisors Decision:

      Deleted C. The Circuit Court may reverse or modify the decision of the Board of Supervisors, in whole or in part, if it finds upon review that the decision of the Board of Supervisors is contrary to law or that its decision is arbitrary and constitutes an abuse of power or discretion, or the Circuit Court may affirm the decision of Board of Supervisors.

      E. Additions to the HP-O District

In the first line on Page 150, Deleted “Section 15.2-2201.”

F. Commission of Architectural Review: Membership and Organization

     3. Membership and Terms of Review Board:
          a. On Page 150, deleted “Commission of Architectural Review (“Review Board”)
              and added “The Review Board.”

Chapter 3.N, Floodplain Overlay District, FP-O

H.   Description of Floodplain Overlay Districts

2.   On Page 159, Item 2: In the first sentence included “of” after comprised; Item
      C, added “d” to Approximate.

S.   General Design Criteria for Utilities and Facilities
6.   All utilities and facilities, Added “ance” to accord on Page 165.

Chapter 4. Zoning Amendments

B.   Requirements for Zoning Amendment Application:

On Page 172, second line added “ance” to accord; under 1, second line added
“those” after the application or.

Under 8 d, second line deleted “and estimate of net developable areas” and added
“ance” to accord.

Under 9 a, first line, added “and environmental” after A traffic and added “ance”
to accord.

Under 9 b, third line, added “ance” to accord.

Under 9c, second line, added “ance” to accord.

Under 11, third line, deleted “and any abutting property or property immediately
across the street from the property requested to be rezoned” and after which lies
in the County, added “or in an adjoining County.”

Under 12, first line, deleted “Director of” and added “Director’s” after Planning.

C.   Pre-Application Conference Requirement:

Under 1, first line deleted “Director of” and on second line added “Director” and before Plan added “Site.”

Under 2, second line, deleted “Director of” and added “Director” after Planning.

Under 3, first line, deleted “Director of” and added “Director” after Planning.

Under 4, first line, deleted “Director of” and added “Director” after Planning.

D.   Action on Application by “deleted Director of”

Under 1, second line, deleted “Director of” and added “Director” after Planning; fifth line
deleted “provided”.

Under 2, first line, deleted “Director of” and added “Director” on the second line.

E.   Action on Application by Planning Commission

Under 1, first line, deleted “Director of” in the first line and added “Director” on the second line; deleted “said the” on the third line and deleted “said” and deleted “the” the first word on the fourth line.

Under 3, first line, deleted “such the” and on the second line deleted “have” and added “has.”

F.   Posting of Property by Applicant

Under 1, deleted “Director” in the fourth line and added “Director” in the fifth line (the first word in the sentence).

Under 2, deleted “on the application” in the third line.

G.   Action on Application by Board of Supervisors

Under 1, deleted “Section 15.2-2204 of” in the fourth line and deleted “Section 15.2-2204 in” on the last line.

H.   Reconsideration of Request

Under 1, second line, deleted “herein” and on the sixth line added “of” before action by the Board of Supervisors.

Under 2, deleted “herein” in the first line.

I.   Withdrawal of Application:

Under 1, third line, deleted “provided that no new application concerning any or all of the same property shall be filed within three hundred sixty-five (365) calendar days of the date of action by the Planning Commission or Board of Supervisors unless the body approving the withdrawal specifies that the time limitation shall not apply and, thereby, permits the application to be withdrawn “without prejudice.”

Concluding discussion on “Withdrawal of Application,” the Board scheduled July 12th, 6:30 p.m., to continue review of the Zoning Ordinance.

Agenda Item Number III. Other Matters

Fred Boger, Planning Director, asked the Board if they had any concerns if the Gladstone Post Office is relocated to a residential subdivision on a lot off of Route 60. The Board of Supervisors stated that they would like to see a separate driveway.

Agenda Item Number IV. Adjournment

Re: Continuance of the July 6, 2005 Meeting to July 12, 2005

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, with Mr. Bruguiere voting yes, Ms. Brennan voting yes, Mr. Harvey 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 continue the July 6, 2005 Meeting to July 12, 2005.
________________________________, Chair