Louisa County Seal, click for homepage Louisa County Seal, click for homepage
Contact    Sitemap    Search    

Menu
[an error occurred while processing this directive]
March 23, 2005
5:00 P.M.



Board Present: Fitzgerald A. Barnes, Willie L. Gentry, Jr., Willie L. Harper, Allen B. Jennings, David B. Morgan, Eric F. Purcell, and Jack T. Wright
Others Present: C. Lee Lintecum, County Administrator; Ernie McLeod, Deputy County Administrator; Patrick Morgan, County Attorney; and Mary Jackson, Deputy Clerk


CALL TO ORDER

Chairman Barnes called the meeting to order at 7:02 p.m.  Mr. Wright moved to reconvene the meeting, which was seconded by Mr. Jennings, and carried by a vote of 7-0. Mr. Jennings led the invocation.

PUBLIC HEARING

Amendment to Section 86-73 of the Louisa County Subdivision and Zoning Ordinances

Pat Morgan, County Attorney, summarized the public hearing as being for the proposed change to Section 86-73 for Permitted Uses Generally (A-2) Zones. Mr. Morgan identified the suggested modifications that were made since the Boards actions that were previously taken as allowing up to nineteen 1 ˝ acres lots to be developed in A-2 zones with a provision for increased density in such subdivisions if portions of the subdivision are devoted to affordable housing, which would allow the maximum number of twenty-three 1 ˝ acres lots under this proposed amendment. Mr. Morgan explained that their prior actions did away with minor subdivisions in A-2 Zoning. Mr. Morgan identified two provisions that the proposed amendment requires that a septic system for multi-family housing must be approved by the state Health Department and have a maintenance plan drafted and approved by the Planning Department and the second provision would be that no road could be constructed as an extension to a subdivision unless approved by the Board of Supervisors.

The Board asked for further clarification of who would be responsible for creating and enforcing the maintenance plan for septic systems on multi-family dwellings and what the maximum number of multi-family dwellings was that would be allowed in a subdivision of twenty-three lots or if there was a restriction on the number allowed.      

In response to the Boards questions, Mr. Morgan replied that there would be a maintenance plan that would have to be approved by the subdivision agent for the maintenance of a shared septic system for a multi-family dwelling. Mr. Morgan explained that the proposed amendment would allow for four duplexes as the maximum number on four of the twenty-three lots and the other nineteen lots would be single-family homes.  

Darren Coffey, Director of Community Development, replied that he did not see a maximum number of multi-family dwellings that would be allowed, but they could certainly place restrictions.
       
Chairman Barnes opened the hearing to the public at 7:12 p.m.

Susannah Bickley, Patrick Henry District, informed the Board that she is opposed to the proposed changes due to the effects that this would have on ground water services, schools, roads, the Landfill and having affordable housing.

George Spry, Patrick Henry District, applauded the Board for their hard work and effort for trying to create affordable housing.

Stanley Gonyo, Jackson District, informed the Board that he is opposed to the proposed changes because he feels that it fails to support all of the goals that are outlined in the Comprehensive Plan.

Kevin Ivory, Patrick Henry District, extended his appreciation to the Board for adding nieces and nephews to the subdivision ordinance and for the work that they have done on affordable housing.

Reverend Charles Sims, Patrick Henry District, informed the Board that he is in favor of landowners being able to divide their property. Reverend Sims stressed the importance of defining “affordable housing”.

Jamie Daniel, Sr., Cuckoo District, informed the Board that he is in favor of landowners being able to divide their property, but stressed the importance of having enough lots to help offset the cost of creating state maintained roads.

Dewey Keeton, Mineral District, said that he believes in preserving the rural character of the County and would like to see controlled growth.

Stella Davis, Mineral District, informed the Board that she is in favor of growth in the County and landowners being able to divide their property.

Tara Dean, Jackson District, informed the Board that she is opposed to the proposed change. Ms. Dean referred to the Comprehensive Plan stating what is said about preserving the rural character of Louisa County and stressed the importance of growth being in designated areas.

Claire Newman, Mountain Road District, informed the Board that she is opposed to the proposed changes due to its contradiction to the Comprehensive Plan. Mrs. Newman expressed concerns about what individuals would be allowed to do “by right” without having to obtain rezoning.

Dan Patton, Patrick Henry District, informed the Board that he is opposed to the proposed changes due to its contradiction to the Comprehensive Plan. Mr. Patton urged the Board to consider the definition of agricultural and said that subdivisions do not belong in agriculturally zoned areas.

Amanda Welch, Patrick Henry District, informed the Board that she is opposed to the proposed change because she feels that subdivisions should be in residentially zoned areas rather than in agricultural zoned areas.  

Ed Massey, Louisa District, stressed the importance to the Board of having affordable housing for individuals and the importance of individuals being accountable for their own actions.

Ethan Call, Mountain Road District, informed the Board that he is in favor of the proposed recommendations and urged them to consider allowing twenty-five lots to help with the costs associated with constructing state maintained roads.

Gerald Harlow, Green Springs District, said that rezoning is the only chance to require the proffers that are desperately needed to build the required infrastructure. Mr. Harlow said that rezoning is also needed to direct the growth and preserve the rural nature of the County. Mr. Harlow said that he is in favor of growth and building in a moderate rate.

Dr. George McLaughlin, Louisa District, informed the Board that he is in favor of the proposed recommendations due to the opportunities it would bring for less expensive home opportunities.

Mike Harris, Mountain Road District, stressed the importance of having affordable housing in Louisa County for first time homebuyers. Mr. Harris expressed concerns about the new requirements to have roads built to state specifications and the impact this would have on creating affordable housing.

Archie Gordon, Jr., Mountain Road District, informed the Board that he is in favor of the proposed changes, but he would like to see the number of lots increased to help offset the costs of building roads built to state specifications.

Joseph Caputi, Patrick Henry District, informed the Board that he is opposed to the proposed changes. Mr. Caputi expressed the importance of preserving the rural character of the County.

Dave Stone, Louisa District, informed the Board that he is a Forester for Louisa County and expressed his concerns about what this decision would do to forestry and agriculture, which is part of the rural character in Louisa County. Mr. Stone said that forestry in Louisa County has a direct economic impact of $66,000,000 per year with an indirect economic impact of $20,000,000 and an induced economic impact of over $13,000,000, which is a total of $101,000,000.

William Hale, Cuckoo District, informed the Board that he is opposed to the proposed changes due to the impact that it would have on the schools and the roads.

Mary Krantz, Cuckoo District, said that as a builder, she would never ask the County to rezone property just to give her a job. Ms. Krantz commended the Board on the work they have done and asked the Board to put more thought into the planning of Louisa County.

Mary Johnson, Cuckoo District, informed the Board that she is in favor of the proposed changes. Ms. Johnson said that in order for them to bring more commercial businesses and industries to the County, they need more rooftops. Ms. Johnson urged the Board to considering allowing flexibility in the design process to accommodate all circumstances.

Jack Wright, Mountain Road District, expressed his concerns about the misconceptions and misinformation that has developed during these hearings. Mr. Wright explained that this provision is about having a planned approach that provides for a well-managed development program for residential growth in Louisa County that would be consistent with their 2001 Comprehensive Plan that allows them to retain the rural character of the County. Mr. Wright said that this provision would also provide a balance between the citizens, developers, builders, and realtors. Mr. Wright said that this would provide the citizens with safer subdivisions with roads that meet VDOTs subdivision standards that provides for school buses, mail delivery, and good access for fire and rescue.

Dennis Schultz, Jackson District, emphasized the importance of the Board making a decision tonight to fix what is previously done at the last hearing. Mr. Schultz urged the Board to consider allowing for the minimum of twelve to fifteen lots.

William Goodman, Jackson District, urged the Board to allow developers to use A-2 zoned property. Mr. Goodman stressed the importance of developers using contractors in the County rather than utilizing the cheapest for better quality.

Howard Loudin, Mineral District, said that he believes that the subdivision plan needs to be flexible. Mr. Loudin urged the Board to consider having three to five acre lots rather than 1.5-acre lots.

Randy Tingler, William A. Cooke, Inc. President, informed the Board that he is in favor of the proposed changes. Mr. Tingler said that affordable housing begins with affordable lots and urged the Board to consider allowing a higher number of lots.    

Elmore Gray, Midlothian resident, informed the Board that he is in favor of the proposed changes, but is concerned about how the changes will affect hunters and the economic impact it would have on the County when the hunters are not longer coming.

Chairman Barnes closed the public hearing at 8:41 p.m. and brought it back to the Board for further discussion.

The Board commended all of the individuals that spoke this evening. Mr. Wright stated that the Board has heard a lot of good information this evening. Mr. Wright said that he feels that they rushed into a decision last time before they had the opportunity to digest all of the information that was given to them and suggested that they postpone their decision to allow them time to consider what has been said this evening. Mr. Purcell emphasized the importance of having resolution on this issue this evening. Mr. Purcell reiterated the need for business and industry in the County to help offset the taxes that the citizens are being charged that would not otherwise come without the rooftops to support it; therefore, he would support the changes as they have been proposed. Mr. Harper said that the County currently has zoning in place and a Comprehensive Plan because it is required by the state. Mr. Harper said that he believes that the road issue is important to have roads that are built to state specifications. Mr. Harper said that he feels that affordable housing needs to be addressed separately from the A-2 subdivisions. Mr. Harper stated that he would support fifteen lots rather than the nineteen that has been recommended, but he would like to have the affordable housing removed from the proposed changes. Mr. Gentry said that he agrees that the Board needs to make a decision this evening to allow them to move forward. Mr. Gentry said that this addresses property rights, growth issues, and the rural preservation issues. Mr. Gentry explained that this issue came about because VDOT was putting pressure on the County to have roads built to state specifications, which required them to change the definition of subdivisions and what is done as far as the ordinance was concerned. Mr. Gentry said that he would support up to eighteen lots for subdivisions. Mr. Gentry stressed the importance of having affordable housing and the Board addressing this issue to ensure that it is done properly. Mr. Jennings said that he agrees that the Board should delay their decision to allow more time to consider everything that has been said this evening. Mr. Jennings said that he would support Mr. Harpers recommendation of allowing fifteen lots in subdivisions. Mr. Jennings said that he agrees that the Board should address the affordable housing issue separately. Dr. Morgan said that it was never his intention to prevent any development in agricultural zoning, which was the end result of their decision at the last public hearing. Dr. Morgan expressed his thoughts about having off road development, land for hunting, and having affordable housing in agriculturally zoned areas. Dr. Morgan said that he would recommend having ten to twelve lots allowed by right with a Conditional Use Permit for an additional three to five lots; otherwise it could be detrimental to the County in the long run. Mr. Wright said that he would find it difficult to support anything more than twelve lots due to the economic impact that it could have on the County. Chairman Barnes emphasized the importance of having affordable housing and growth management. Chairman Barnes said that he would support addressing affordable housing as a separate issue and having a total of eighteen lots. Chairman Barnes said that the Board is going to track this information for a twelve-month period and if they see that this is getting out of hand then they are going to address this issue again.

Mr. Purcell said that he would like to make the motion to approve the changes to allow subdivisions in A-2 zoning that would allow eighteen lots by right and to remove the affordable housing issue for the Board to address separately.            

Mr. Gentry seconded the motion.

Chairman Barnes requested a roll call to verify those that are in favor of the motion and those that are not in favor.

PRESENTVOTE
David B. Morgan, M.D.No
Eric F. PurcellYes
Jack T. WrightNo
Fitzgerald A. BarnesYes
Willie L. Gentry, Jr.Yes
Willie L. HarperNo
Allen B. JenningsYes

On motion of Mr. Purcell, seconded by Mr. Gentry, which carried by a vote of 4-3, with Messrs Harper, Wright, and Dr. Morgan voting against, a resolution was adopted to amend Section 86-73 of the Louisa County Code to allow subdivisions in A-2 zones for the division of any parcel (parent tract) of land legally in existence on December 18, 1997 into eighteen lots. In addition to the foregoing, there shall be permitted, by right, the further division of the residue of a parcel of land remaining, after the eighteen divisions mentioned in sentence one of this section, into lots or parcels of 21 acres in area or greater.  Provided further that no more than eighteen 1.5-acre lots in a subdivision may be created from a single parent tract using a single access road in any subdivision developed under the provisions of this paragraph.

RECESS

        On motion of Dr. Morgan, seconded by Mr. Purcell, which carried by a vote of 7-0, the Board voted to recess the March 23, 2005 public hearing at 9:20 p.m. until Wednesday March 23, 2005 for the budget work session that will be held at 6:00 p.m. in the E. O. C. at the Louisa County Administration Office.


BY ORDER OF

FITZGERALD A. BARNES, CHAIRMAN
LOUISA COUNTY BOARD OF SUPERVISORS
LOUISA COUNTY, LOUISA, VIRGINIA