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07-07-1988 Regular MeetingBUeK 14 C~.u~150 ' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Richard L. Turner ABSENT: Thomas L. Ross Also attending: H. Woodrow Crook, Jr., County Attorney .Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development ' Kenneth L. Chandier, Assistant to the County Administrator Hilda W. Harmon, Budget and Finance Coordinator Steven G. Bowman, Lieutenant, Sheriff's Department Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:02 P.M. The invocation was delivered by Supervisor Edwards. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, asked for the Board's favorable consideration of the resolution to accept and approve the Isle of Wight County 1988-89 Secondary Roads Construction Budget. Supervisor Turner, moved the Board amend the agenda to consider the resolution to accept and approve the Isle of Wight County 1988-89 Secondary Roads Construction Budget. The vote in favor was unanimous (4-0). On motion of Supervisor Turner, the Board voted unanimously (4-0) to adopt the resolution accepting and approve the Isle of Wight County 1988-89 Secondary Construction Budget. A RESOLUTION ACCEPTING-AND APPROVING THE ISLE OF WIGHT COUNTY 1988-89 SECONDARY ROADS CONSTRUCTION BUDGET WHEREAS, the Board of Su ervisors for the County of Isle of Wight, and the Vrginia Department of Transportation held a public hearing on Thursday, March 3, 1988, to solicit citizens' comments and re- commendations concerning the County°s Six Year Plan and Priority List; WHEREAS, comments and recon-mendations re- ceived in the aforementioned hearing do not warrant changing the County's Priority List for the 1988-89 Secondary Roads Construction Budget; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors for the County of Isle of Wight does hereby accept and approve the Secondary Roads Construction Budget as recommended by the Virginia Department of Transportation, hereto attached, and made a part hereof, which contains secondary roads construction projects as presented to the Board. Mr. Coates informed the Board members that the revenue sharing monies have to be applied to a project or projects in the Six Year Plan and if the Board so desires he would be glad to work with .County. Administrator Standish and Assistant County Administrator/Community Development Director Casket' to devise a method to distribute the money. Mr. Coates suggested that when the Board considered revisions to the subdivision ordinance that consideration be made relative to the situation of open ditches. Mr. Coates recommended very. strongly the requirement of paved gutters, stating he feels that it will be in the best interests of everyone in the long run. Mr. Coates #'urther stated that it has worked very well in the adjoining;jurisdictions. On motion of Supervisor Bradshaw, the Board voted unanimously (4-0) to direct County Administration Standish, R. W. Coates and Earl Johnson, a Carrsville resident, to work with 1 1 s aoeK 14 ~r~~F151 landowners on Route 696 in Carrsville to obtain a right-of-way to improve road conditions to control dust. L // The Chairman called for a public hearing on the following ordinances: 1. An Ordinance To Amend The Zoning ordinance Of Isle of Wight County To Increase The Application Fees For Conditional Use Permits No one appeared in favor or in opposition. Supervisor Edwards moved the Board adopt "An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Increase The Application Fees For Conditional Use Permits". The motion passed unanimously (4-0). AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO INCREASE THE APPLICATION FEES FOR CONDITIONAL USE PERMITS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of.Isle of Wight County, Virginia, that Section 10-3-1 of the Isle of Wight Zoning Ordinance be amended to read as follows: 1 10-3-1. All applications for conditional use permits shall be accompanied by certified check in the amount of Two Hundred Fifty Dollars ($250.00) payable to the Treasurer of Isle of Wight County, Virginia. Where publication is re- quired pursuant to Section 15.1-431 of the Code of Virginia for application for conditional use per- mits by this ordinance, the application fee shall be Five Hundred Dollars ($500.00). 2. An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Require Fees For Applications For Special Permits No one appeared in favor or in opposition. Supervisor Turner moved the Board adopt- the "Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Require Fees For Applications For Special Permits". The motion passed by unanimous (4-O) vote of the Board. n AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO REQUIRE FEES FOR APPLICATIONS FOR SPECIAL PERMITS BE IT AND IT HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 10-4 of the Zoning Ordinance of Isle of Wight County be amended by adding thereto the following: All applications under this Section shall be accompanied by a certified check in the amount of Five Hundred Dollars ($500.00) payable to the Treasurer of Isle of Wight County, Virginia. 3. An Ordinance To Amend Section 13-1-4 Of The Zoning Ordinance Of Isle of Wight County To Place A Time Limit On The Consideration Of Rezoning, Special and Conditional Use Permit Applications No one appeared in favor or in opposition. Supervisor Edwards moved the Board adopt the "Ordinance To Amend Section 13-1-4 Of The Zoning Ordinance Of Isle of Wight County To Place a Time Limit On The Consideration Of Rezoningq, Special and Conditional Use Permit Applications" The vote in favor was unanimous (4-O). AN ORDINANCE TO AMEND SECTION 13-1-4 OF THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO PLACE A TIME LIMIT AN THE CONSIDERATION OF REZONING, SPECIAL 80~% 14 ~~~~152 AND.CONDZTIONAL USE PERMIT APPLICATIONS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that the Zoning Ordinance of Isle cf Wight County, Virginia be amended by adding thereto the following section: 13-1-4. Petitions by property owners for change in the zoning classification of property or for special or conditional flse permits which are substantially the same as any petition or application denied by the Board of Supervisors of Isle of Wight County, Virginia will not be reconsidered within one year of said denial. 4. An Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Increase The Amount of Zoning Application Fees and To Provide A Time Limit On Recordation of Boundary Plats No one appeared in favor or in opposition. Supervisor Bradshaw moved the Board adopt the "Ordinance To Amend The Zoning Ordinance Of Isle of Wight County To Increase The Amount Of Zoning Application Fees and To Provide A Time Limit On Recordation of Boundary Plats". The motion carried unanimously (4-0). AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT .COUNTY TO INCREASE THE AMOUNT OF ZONING APPLICATION FEES AND TO PROVIDE A TIME LIMIT ON RECORDATION OF BOUNDARY PLATS BE IT AND IT IS HEREBY ORDAINED by the Board of .Supervisors of Isle of. Wight County, Virginia that Section 13-1-3 of the Zoning Ordinance of isle of Wight County, Virginia be amended to read as follows: 13-1-3. Petitions by property owners for change in the zoning classification of property shall be accompanied by a certified check for four hundred dollars ($400.00), payable to the treasurer.. In addition, an application for rezoning shall require a plat to be prepared in accordance with the requirements of the Subdivision Ordinance, which must be recorded in the Clerk's Office of the Circuit Court of Isle of Wight .County, Virginia prior to the rezoning taking effect. If a boundary flat of the rezoned area is not recorded within sixty days of the approval of same by the Board of Supervisors of Isle of Wight County, Virginia then said rezoning will be null and void and the property will revert to the zoning classification existing prior to the action of the Board of Supervisors. 5. An Ordinance To Amend The Borrow Pit Provisions Of The Zoning Ordinance Of Isle of Wight County As To Enforcement and Bonds No one appeared in favor or in opposition. Supervisor Edwards moved the Board adopt the "Ordinance To Amend The Borrow Pit. Provisions Of The Zoning Ordinance Of Isle of Wight County As To Enforcement and Bonds". The motion passed by unanimous (4-0) of the Board. AN ORDINANCE TO AMEND THE BORROW PIT PROVISIONS OF THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY AS TO ENFORCEMENT AND BONDS BE ZT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County,• Virginia that the following Subsections of Section 10-11 of the Zoning Ordinance of Isle of Wight County be amended to read as follows: Section. 10-i1. Borrow pits. ............................. 1 1 i. ~~nK 14 ~~cE153 10-11.2. Application and procedures. 1 1 10-11-2.1. The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators. The application fee shall be twelve dollars ($12.00) 'per acre for every acre proposed to be disturbed. Such permits shall not be transferable. A permit shall be obtained prior to the start of any mining operation. If, within ten (10) days of the anniversarx date of the permit, the County Zoning Administrator, after inspection, is satisfied that the operation. is proceeding according to the plan submitted to and approved by the Board of Super- visors, then the County Zoning Administrator shall renew the permit upon payment of a renewal fee by the operator of six dollars ($6.00) per acre for land to be affected by the total operation in the next ensuing year. If the operator believes changes in his original plan are necessary or if additional land not shown as a part of the approved plan oP operation is to be disturbed, he shall submit an amended plan of operation, which shall be approved by the Board of Supervisors in the same manner as an original plan. 10-11-2.2. Application for excavation permits shall be directed to the Board. of Super- visors of Isle of Wight County and shall be filed with the County Zoning Administrator. The application shall including the following in- formation and attachments. (il) Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public. streets/highways to be used as haul routes; (12) Provide an erosion and sedimentation control plan designed in accordance with all applicable State and County. requirements related to land disturbing activities; (13) Provide an estimation of the total number of cubic yards to be excavated; (14) Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and proposed date all required re- storation measures will be completed; (15) The name and address of the operator. No permit shall be issued by the Board of Supervisors until the Planninq.Commission and County Zoning Administrator have approved the plan of operation and the bond from the applicant as hereinafter provided. 10-i1-2.3. (a) The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the County Zoning Administrator shall require. The operations plan shall describe the specifications for surface grading and restoration, including sketches delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use. of the land after reclamation is completed ao~K 14 ~~~E154 shall include a provision forereclamationsofpall land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such accompanying material as the County Zoning Administrator shall require and shall state: ~s (c) It shall be the policy of the County zoning Administrator to encourage adoption of the productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The County Zoning Administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event. 10-11-2.4. Application to be forwarded to the County Planning Commission. The County Zoning Administrator shall transmit the application to the Planning Commission for consideration by said Planning Commission. The Planning Commission shall consider the location of the proposed excavation and the plans accompanying the application. The County Planning Commission shall make its recommendation to the Board of Supervisors for approval, disapproval or amendment of the application. 10-11-3. operating and Develop- ment Requirements. ................................................ 10-11-3.3. Roadside la~3dscape. Existing. trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by the Planning Commission. The t~-pe, design and spacing of supplementary planting shall be approved by the County Zoning Administrator. 10-i1-4. Restoration Requirements 10-11-4.1. Minimum slope of banks. All slopes around the edge of the excavated area shall be left with a slope no less: than three (3) feet horizontal to one (1) foot vertical to the bottom. 10-11-4.2. Leveling of bottom area. All excavated areas shall be left in a level state. 10-11-4.3. Topsoil restoration and planting. All areas not inundated sha21 be covered with topsoil and seeded. as required by the County Zoning Administrator of Isle of Wight County,: Virginia upon the conditions and re- commendations made by the appropriate state agencies and officials. 10-11-4.4. Gate Requirements. The entire excavation area shall be fenced with gates constructed at all entrances .to be kept locked at all times when not in use. 10-11-5. Bond of operator. Each operator, at the time of filing the application, shall furnish bond on a form to be prescribed by the. County Zoning Administrator, n c ao~~ 1~4 r~~E155 n J 1 payable to the County of Isle of Wight and conditioned that the operator shall faithfully perform all of the requirements of this ordinance and of the operations plan and re- clamation plan as approved and directed by the Board of Supervisors. The amount of bond shall be one thousand-dollars ($1,000.00) per .acre, based upon the number of acres of land which the o erator estimates will be affected by the mining operation. In .addition, the County Zones ing Administrator may require bond in an amount necessary to complete all phases of operation and restoration/reclamation, .:plus ten percent contingency, in the amount recommended and endorsed by a certified engineer, licensed to practice in the Commonwealth of Virginia and any changes to the approved bond amount would require similar estimations provided by a certified engineer. However, in no event shall such bonds be less than one thousand dollars ($1,000.00) per acre as hereinabove prescribed. Such bonds shall be executed by the operator and by a corporate surety licensed to do business in this State; provided, however, that in lieu of such bond, the operator may deposit cash, certified check, or collateral securities satisfactory to the County Zoning Administrator. Upon request of the operator, the County Zoning Administrator shall cause an inspection to be made of the land subject to the reclamation plan and, if he approves the reclamation work completed by the operator, he shall order the return of the bond or certified check to the operator. If the County Zoning Administrator does not approve the reclamation work, he shall notify the operator immediately and advise him of what additional steps he deems necessar7~ to satisfactorily complete the reclamation. The bond or other security previously posted shall be released for the areas disturbed in the last twelve (12) months if reclamation work has been completed and the approval of the County Zoning Administrator obtained as hereinabove provided. 10-i1-6. Upon receipt of a reasonable plan of operation and bond prescribed hereinabove, the County. Zoning Administrator shall present the plan to the Planning Commission for review and the Planning Commission shall make its recommendation to the Board of Supervisors of Isle of Wight County The Board of Supervisors may issue the permit with or without conditions to insure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has had a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as requited by the provisions of this ordinance, in which event no permit shall be issued; except, however, if any operator who has heretofore forfeited a bond pays the costs of reclamation in excess of the amount of the forfeited bond or if any bond is forfeited and the amount forfeited is equal to or more than the costs of reclamation, such operator shall then become eligible for another permit. 10-11-7. It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral rights to interfere with the operator in the discharge of his obligations to the County for the reclamation of lands disturbed by him. If the owner or owners of surface rights or the owner or owners of mineral rights desire to conduct other mining operation on lands disturbed by the operator furnishing bond hereunder, such owner or other 80~1t 14 ~ACE156 person shall be in all respects subject to the provisions of this ordinance and the County Zoning Administrator shall then release an equivalent amount of bond to the operator originally furnishing bond on the disturbed area. 10-11-10. Notice of noncompliance served on operator. The County Zoning Administrator may .cause a notice of non- compliance to be served 'on the operator whenever the operator fails to obey any order by the County Zoning Administrator to: 1. Apply the control techniques and institute the actions approved in his operations and reclamation plan; 2. Comply with any required amendments to the operations or reclamation plan; or 3. Comply with any other requirement of this ordinance. A copy.. of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the County Zoning Administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the County Zoning Administrator, following service of the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance with the time limits fixed therein, the Board of Supervisors shall revoke the permit and declare the forfeiture of the entire bond:, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance. 10-i1-11. Additional bond to cover amended estimate of land to be disturbed. If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been posted for reclamation is less than the actual area disturbed, the County Zoning Administrator shall order the operator to file additional bond or security sufficient to cover an amended estimate of land to be disturbed by such operation. . 10-11-12. Exemption. Any operator engaging in mining and disturbing less than one acre of land. and. removing less than 500 tons of material at any particular site is exempt from the provisions of this ordinance; providing, however, each .person intending to engage in such restricted mining shall submit an application for exemption, a sketch of .the mining site and an operations plan to the County Zoning Administrator, who shall approve the application i~ he determines that the issuance of the permit shall not violate the provisions of this ordinance. 10-11-13. Life of permit. All permits issued for borrow pits by the Board of Supervisors will be for a period of five (5) years from the date of issuance. Any extension of time or renewal of said per~its will require new applications filed in accordance with all of the terms of this ordinance. Chairman Bradby called for a public hearing on the following rezoning applications: 1 p7~~ 1.4 r~~F157 1 1. The application of Kenneth G. and Brenda B. Edwards for a change in zoning classification from A-2, Agricultural General, to R-1, Residential Limited, .5 .acre of land located on the south side of Route '637, between Routes 1301 and 1302, in Hardy Magisterial District. The purpose of the application is for a residential lot. No one appeared in favor or in opposition. ®n motion of Supervisor Edwards, the Board voted unanimously (4-0) to approve the application of Kenneth G. and Brenda 8. Edwards for a change in zoning classification from A-2, Agricultural General, to R-1, Residential Limited, .5 acre of land located on the south side of Route 637, between Routes 1301 and 1302, in Hardy Magisterial District. 2. The application of Emmerson E. Martin, Jr. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, 9.068 acres of land located off the south side of Route 661, east of Route 17, in Newport Magisterial District. The purpose of the application is to allow the permanent location of one double wide mobile home and the' continued location of the mobile home on the property of Marvin C. and. Ella R. Lovitt. Emmerson E. Martin, Jr. appeared and stated he would like to put a double wide on the land he purchased because it would be more economical than a stick built home. County Attorney Crook stated the Planning Commission recommended approval if the mobile home occupied by Mr. .and Mrs. Lovitt.is removed when they no longer reside there. Supervisor Turner moved the Board approve the application of Emmerson E. Martin, Jr. for a change in zoning classification from A-1, Agricultural General, to Conditional R-MH-A, Conditional Rural Mobile Home District, 9.068 acres of land located off the south side of Route 661, east of Route 17, in Newport. Magisterial District with the condition that the mobile home of Marvin C. and Ella R. Lovitt be removed when neither of them resides therein. The vote in favor was unanimous (4-0). 3. The application of John T. Matthews for a change in zoning classification from A-1, Agricultural General, to Conditional B-1, Conditional Business General, 12.63 acres of land which fronts on the south side of Route 460 and on the north side of Route 636, west of the Route 460 and Route 636 intersection, in Windsor Magisterial District. The purpose of the application is for a shopping center with professional office space. Rodham T. Delk, Jr., attorney from Smithfield, appeared to represent Harrison & Lear, Inc., Relators, owners and developers of the shopping center. Mr. Delk stated the shopping center will contain 12.63 acres of land located on Route 460 at Route 636. The general layout would be 800. square feet for a drug store, 27,000 square feet for a grocery store, 25,000 square feet for retail stores and 10,000 square feet for future expansion, said Mr. Delk. Mr. Delk continued stating there would be ample area for parking, as well as good ingress and egress to and from the '~ shopping center. Mr. Delk stated that Wayne Stevens, .Project Development Manager with Harrison & Lear, and Dwayne DeBlazo from Newport News, Daryl Rickmond, Engineer with Rickmond Engineers, and Rick Faye were present to answer questions which Board members may have. Mr. Delk stated the developers believe it is a good use for the property, very convenient to Windsor and Suffolk citizens and it is anticipated to have a design that will contribute to the tax base. Mr. Delk further stated the developers have proffered the following conditions: (1) property to be improved for use as approximately 70,000 square feet BOCK 14 r~~=15.8~ shopping center with retail stores and professional offices, (2j developers to construct connector street from Route 460 to Route 636 south of Route 460 on the western portion of .property, (3) developers to construct private water system and (4j two out-parcels to be available for sale for compatible commercial or professional uses. Mr. Delk asked that the conditional zoning be approved by the Board and stated the Planning Commission unanimously recommended approval. Jim Kilpatrick, resident on Route 636, opposed the application expressing concerns regarding an increase in traffic on Route 636, where the road would be widened, water table effect and sewage. Lawrence Post, resident on Route 636, opposed the application stating he did not feel notice was sufficient in time for the Planning Commission meeting, ,that a petition had been circulated containing 27 names opposing the shopping center, and questioned the effect the shopping center would have on the Norfolk water system and stated. that the shopping center would be a nuisance rather than an asset. Judy Kilpatrick, resident on Route 636, appeared in opposition.. Chairman Bradby stated the Board had received a letter in opposition. from John and Nancy Polak. Supervisor Bradshaw moved the Board approve the application of John T. .Mathews for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-l, Conditional Business General, 12.63 acres of land which front on the south side of Route 460 and on the north .side of Route 636, west of the Route 460 and Route 636 intersection, in Windsor Magisterial District. The motion passed by unanimous (4-O) vote of the Board. 4. The application of Vivian H. Pretlow, owner, and Arthur Diggs, Jr., Karen Y. Ford, Glenn and Valerie Ford, James and Tswana Ford, Thaddeus and Kathy Greene, Kim Shivers, and Alfonso Godwin, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 25 acres of land located on the east side of Route 258, between Routes 652 and 620, in Newport Magisterial District. The purpose of the application is for no more than seven rural residential lots. Carol Pretlow, daughter of the property owner, appeared to represent of her mother. Miss Pretlow stated the owners would be responsible for the right-of-way and asked the Board to vote favorably on the application. Glenn Ford, prospective property owner representing the ot2ier prospective owners, stated their concern is their future in Isle of Wight County ~d asked the Board to approve the rezoning application. No one appeared in opposition. On motion of Supervisor Edwards, the Board voted unanimously (4-0) to approve the application of Vivian H. Pretlow, owner; and Arthur Digs, Jr., Karen Y. Ford, Glenn and Valerie: Ford, James and Tswana Ford, Thaddeus and Kathy Greene, Kim Shivers, and Alfonso Godwin, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 25 acres of land located on the east side of Route 258, between Routes 652 and 620, in Newport Magisterial District. 5. The application of Newman Beale, Jr. and Shelby W. Beale for a change in zoning classification from A-l, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, approximately 116 acres of land located on tie east side of Route 258, between Routes 606 and 610, in Windsor Magisterial District. The purpose of the application is for no more than 78 single family residential lots. 1 ~oe~ 14 ~a~E159 1 A. L. Jones, II, attorney from Smithfield, appeared representing the applicants. Mr. Jones stated the Beales were. also present and encourage you (the Board) to approve the application. Mr. Jones distributed two tax maps relative to the proposed rezoning application. Mr. Jones stated the applicants are seeking zoning that will allow the residential development of no more than 78 single family lots and the development will be served by a central water system with individual septic systems proposed for each lot. The cost of the homes will range from $65,000 to $80,000, stated Mr. Jones. The Planning Commission recommended approval and we ask the Board to do likewise, said Mr. Jones. No one appeared in opposition. Supervisor Bradshaw moved the Board approve the appplication of Newman Beale, Jr. and Shelby W. Beale for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, approximately one hundred sixteen acres of land located on the east side of Route 258, between Routes 606 and 610, in Windsor Magisterial District. The motion passed unanimously (4-0). 6. The application of Garland Gene and Brenda G. Whitley far a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District., 1.5 acres of land located on the south side of Route 644, between Routes 652 and 637, in Newport Magisterial District. The purpose of the application is far the permanent location of one mobile home. 1 Garland Whitley appeared and stated he now owns 1 iJ2 acres of land and has a trailer on it. Mr. Whitley stated he would like to rezone the property in order to leave the trailer there until he is able t0 blllld a hnmea in thu fntnrn No one appeared in opposition Supervisor Edwards moved the Board approve the applacation of Garland Gene and Brenda G. Whitley fora change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1.5 acres of land located on the south side of Route 644, between Routes 652 and 637, in Newport Magisterial District. The motion carried unanimously (4-0). 7. The application of W. H. Holland, Sr. for a' change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approximately 2.3 acres of land located on the west side of Route 646, between Routes 638 and 645, in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home. Helen Holland, wife of the applicant, appeared and 'stated they have cleared the land and the neighbors would be glad -for them to put a trailer there. Mrs. Holland asked the Board's favorable consideration. ®n motion of Supervisor Turner, the Board voted unanimously (4-O) to approve the application of W. H. Holland, Sr. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approximately 2.3 acres of land located on the west side of Route 646, between Routes 638 and 645, in Hardy Magisterial District. 1 8. The application of Linwood Robinson for a change in zoning classification from A-1, Agricultural Limited; to R-MH-A, Rural Mobile Home District., 1.5 acres of land located on the west side of Route 620, at the intersection of Routes 620 and 652 (discontinued), in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home. Linwood Robinson appeared and asked the Board°s favorable consideration. 8011 14 /~~~ZVU No one appeared in opposition. Supervisor Turner moved the Board approve the application of Linwood Robinson for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1.5 acres of land located on the west side of Route 620, at the intersection of Routes 620 and 652, in Hardy Magisterial District. The vote in favor was unanimous (3-0). Supervisor Bradshaw was absent when the vote was taken. 9. The application of Elsie & Hall, Theda H. Green, and Dula H. Types, owners, and James Hall, Jr. and Warren Hall, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A,•Conditional Rural Mobile Home District, approximately 25 acres of land located on the north side of Route 682 and the east side of Route 681, between Routes .682 and 683, in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home. Elsie Hall appeared representing herself and her sons, James and Warren Hall. Mrs. Hall stated they would like to have the land rezoned in order to place a mobile home on the property. Mrs. Hall also stated they plan to build a home in the future. No one appeared in opposition. On motion of Chairman Bradby, the Board voted unanimously (3-0) to approve the application. of Elsie B. Hall, Theda H. Green, and Dula H. Types, owners, and James Hall, Jr. and Warren Hall, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, approximately 25 acres of land located on the north side of Route 681, between Routes 682 and 683, in Hardy Magisterial District. Supervisor Bradshaw was absent when the vote was taken. 10. The application of Ronald L. Dashiell for a change in zoning classification from A-2, Agricultural General, to R-3, Townhot~~se Residence District, 15 acres of land located off the southwest side of Route 17, between Routes 661 and 662., in Newport Magisterial District. The purpose of the application is to provide for townhouses for sale. William H. Riddick, attorney from Smithfield, appeared representing the applicant and representatives of Newport Investors, purchasers of the property from Ronald L. Dashiell. Mr. Riddick stated the applicant is applying for zoning that would .allow 15 acres of land to be developed into townhouse lots for sale and it is anticipated that access to the property will be off of Routes 17 and 661. Mr. Riddick'stated the general. area is predominately residential and it will be a perfect site for the location ~f townhouse development; it will be convenient to major thoroughfare, near Newport News and Churchland. Mr. Riddick also stated there would be no more than 3 townhouses per area. The townhouse development will be self contained, stated Mr. Riddick. Supervisor Turner questioned the ownership of the property. Mr. Riddick stated the property is owned by Newport Investors, which is a partnership. Supervisor Turner asked County Attorney Crook if the new owners should file a new application and same be advertised for consideration by the Board, to which County Attorney Crook replied, the new owners should have signed the application or submitted a supplemental application. Attorney Riddick asked that the application be returned to the Planning Commission for amendment to show new owners. Supervisor Turner moved the Board return the application of Ronald L. Dashiell fora change in zoning classification from A-2, Agricultural General, to R-3, Townhouse Residence -District, fifteen (15) acres of land located off the southwest side of Route-17, between Routes 661 and 662, in Newport Magisterial District to the Planning Commission to be amended to show the proper owners of the property. The vote in favor was unanimous (4-0) . i~ BOQK 14 i'ACE1U1 1 11. The application of B. F. Jamison for a change in zoning classification from A-1, Agricultural Limited, to B-l, Business General, approximately .33 acre of land located on the west side of Route 17, between Routes 32, 258 and 712, in Newport Magisterial District. The purpose of the application is for uses allowed in a business zone. William H. Riddick, at orney appeared to represent the applicant and stated the applcant ~.s seeking rezoning to expand an existing business zone. No one appeared in opposition. On motion of Supervisor Turner, the Board voted unanimously (4-0) to approve the application of B. F. Jamison for a change in zoning classification from A-1, Agricultural Limited, to B-1, Business General, approximately .33 acre of land located on the. west side of Route 17, between Routes 32, 258, and 712, in Newport Magisterial District. 12. The application of W&W Land', Inc. fora change in zoning classification from A-l, Agricultural Limited, to R-A, Rural Residential, approximately 68 acres of land located on the west side of Route 652, between Routes 644 and 600, in Newport Magisterial District. The purpose of the application is for a rural residential subdivision. 1 C A. L. Jones, II, attorney, appeared to represent the applicants. Mr. Jones solicited the Board's help in how to deal with the situation. Mr. Jones stated the applicant/developer has applied for zoning that would allow approximately. 68 acres of land to be developed into a rural residential subdivision,. with individual wells and septic systems. The site is located on .the west side of Route 652 which is primarily a rural area developed with a mixture of single family residences and mobile homes, said Mr. Jones. Mr. Jones continued stating the applicants ..purchased the property from the owners because of their financial conditions and the new owners purchased the property with the desire to develop a residential area containing only 18 lots from 4 1/2 acres to 9 acres in size with the roads to be constructed to State standards. Mro Jones asked the Board to consider the opposition and table action on the application until the applicants could have the opportunity to talk with adjoining property owners to determine why they were opposed to the proposed development. John T. Butler, Jr, adjacent landowner, appeared in opposition stating a petition containing 26 names had been presented to the Planning Commission in opposition. Mr. Butler also stated he had purchased a portion of the propert7~ which adjoined his property. Mr. Butler further concurred with the Planning Commission's decision to deny the application due to a concern over inadequate fire protection for a residential subdivision of this size. Mr. Butler also agreed with Supervisor Edwards' comment that. development should be near the Towns of Windsor and Smithfield. Mr. Butler also expressed concern regarding drainage going into the swamp which supplies the City of Norfolk water, as well as the land .adjoining the Longview Agricultural Forestry District., Mr. Butler stated he feels it will be better to maintain it as a farming area and asked the -Board to deny the application. Francis S. Griffin, resident on Route. 652, stated he was opposed to development in the area because it is basically a farming area and there is not a subdivision of this type in the area. Mr. Griffin continued stating he would like to keep the area the way it•is at the present time. Mr. Griffin further stated lots were- subdivided for family members prior to the subdivision. Mr. Griffin further stated he has a livestock operation and does not feel this type of development is for their neighborhood. Attorney Jones again asked the Board to table action on the application to provide the owners an opportunity to talk with the opposition for suggestions as to what will be compatible to the area. • aooK 14. ?a~f16~ Francis 'S. Griffin stated the Planning Commission had tabled action on three different occasions and the developers have had three months to talk with the opposition. Mr. Griffin stated he feels they have had enough time to work out the problems. Supervisor Bradshaw stated that since he has been on the Board we have tried to treat everybody the same and I think we should grant Mr. Jones' request. Supervisor Edwards stated he would not oppose tabling the application. Supervisor Turner stated he was in favor of tabling,Zhe application if the people can get together and work out a solution. Qn motion - of Supervisor Bradshaw, the Board voted unanimously (4-0) to table action until August 4, 1988 Board meeting the application of W&W Land, Inc. for a change in zoning classification from A-1, Agricultural Limited, to R-A, .Rural Residential, approximately sixty eight acres of land located on the west side of Route 652, between Routes 644 and 600, In Newport Magisterial District as requested by the applicant. 13. The application of G. A. Barlow, Jr., J. A. Barlow and Catherine Barlow Duncan for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-2, Conditional Residential General, approximately 615 acres of land located on the east side of Route 655, between Routes 620 and 656, in Newport Magisterial District. The .purpose of the application is for no more than 450 single family lots. A. .L. Jpftes, II, attorney representing the. applicants, stated that G. A. Barlow, Jr. and Catherine Barlow Duncan were present and that J. A. Barlow had been present, had to leave and would return soon. Mr. Jones stated they were present to ask the Board to give favorable consideration to this application. Mr. Jones further stated that the project designer and engineer. were present to answer any questions the Board may have, Mr. Jones stated the applicant/developer has applied for aonditiona~., zoning that would allow approximately 615-acres of land to be developed with no more than 450 single family housing. units with lots averaging more than 26,000 square feet in size and will include an 18 °'hole golf course with a club house complex and l or 2 marina facilities to contain no more than a total of 50 boat slips. The site will be. furnished public -sewer services by tine Town of Smithfield and public water to be determined by the County. Mr. Jones continued stating it shou d be noted the rezoning is conditional and contingent upors the Virginia Department of Transportation approving a suitable north/south access to tie in with the Route 10 bypass, which must be obtained by the developer by July 1, 1991. The proposed project will exceed the Gatling Pointe expectations., stated Mr. Jones. Mr. Jones requested the Board to approve the application.. G. A. Barlow, Jr. stated they regret selling the farm, but feel it is the time to do it. Mr. Barlow commended the Planning Commission on their work and asked the Board to approve their application.. - Donald Hood, representing Margaret Gwaltney Hood, appeared and expressed concern .relative to access to and from the proposed project. Following discussion and on motion of Supervisor Bradshaw,. the Board voted unanimously (4-0) to approve the application of G. A. ,Barlow, Jr., J. A. Barlow and Catherine Barlow Duncan for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-2, Conditional Residential General, approximately 615 acres of land located. on the east side of Route 655, between Routes 620 and 656, in Newport Magisterial District. // At 4;22 P.M. Supervisor Turner moved the Board take a recess for ten minutes, which passed unanimously (4-0). The Board reconvened at 4:40 P.M. // Francis Griffin., resident on Route 652, expressed concern relative to picking up trash at the dumpsters. 1 4 aooK 14 r~~E163 ®® 1 an motion of Supervisor Edwards, the Board voted unanimously (4-0) to direct Assistant County Administrator/Community Development Director, W. Douglas Caskey, to review the practicality and legal feasibility to require developers to install water conserving devices in their projects. Supervisor Edwards moved the Board direct County Administrator Standish to contact the ABC Board relative to the feasibility of opening an ABC Store in the Town of Windsor and the Airway Shopping Center in Franklin. The vote in favor was unanimous (4-O). // Assistant County Administrator/Communit~- Development Director, W. Douglas Caskey, presented the following conditional use permit applications for the Board's consideration: 1~ The application of James D. Kruger for a conditional use permit to extend the existing mobile home approval for an additional .two years, on 45 acres of land located on the west side of Route 649, between . Routes 644 and 646, in Hardy Magisterial District. No one appeared in favor or in opposition. The Planning Commission unanimously to recommend approval, said Mr. Caskey. On motion of Supervisor Turner, the Board voted unanimously (4-0) to approve the application of James D. Kruger for a conditional use permit to extend the existing mobile home approval for an additional two years, on 45 acres of land located on the west side of Route 649, between Routes 644 and 646, in Hardy Magisterial District. 1 2. The application of Geraldine and Edward Wilson for a conditional- use permit to locate a mobile home for their daughter, Irene V. Pierce, on one acre of land located on the south side of Route 702, between Route 10 and Route 702, in Hardy Magisterial District. No one appeared in favor or in opposition. The Planning Commission recommended approval of the application, stated Mr. Caskey. Chairman Bradby moved the Board approve.the application of Geraldine and Edward Wilson for a conditional use permit. to locate a mobile home for their daughter, Irene V. Pierce, on one acre of land located on the south side of Route 702 between Route 10 and Route 702, in Hardy Magisterial Distr~ct. The motion carried unanimously (4-0). 3. The request submitted by St. Luke's Church to extend an existing brick wall (with ornamentation) on property located within the designated St. Luke's Historical District. No one appeared in favor or in opposition. The Historical Architectural Review Committee considered the request and found the proposal to be architecturally compatible with the historic landmark therein and voted to recommend the Board approve the proposal, said Mr. Caskey. On motion of Supervisor Turner, the Board Voted unanimously (4-0) to grant the request submitted by St. Luke's Church to extend an existing brick wall (with ornamentation) on property located within the designated St. Luke's Historical District. // Supervisor Edwards moved the .Board direct Contel representatives to initiate a ppolling process for toll free calling within the Windsor and Smithfield exchanges. The vote in favor was unanimous (4-0). Suppervisor Turner moved the Board adopt the resolution requesting the Virginia Department of Transportation to include Queen's Anne Court in the Virginia Secondary Road System for maintenance. The motion passed unanimously (4-0): r~~M. 14 ~~c164 RESOLUTION VIRGINIA: At a regular meeting of the Board of Supervisors of Isle of Wight County, held in the Isle of Wight County Courthouse on July 7, 1988 on motion of Richard L. Turner, the following resolution was duly passed. WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that hereinfater described street in Queen Anne's Court, Newport Magisterial DistricC, Isle of Wight County, Virginia, has-been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of .streets into the State's secondary system. THEREFORE., BE IT RESOLVED, that the Commissioner of• the Virginia Department of Transportation is requested to include into the .Virginia Secondary Road System for maintenance the following described street in Queen Anne's Court Subdivision: QUEEN ANNE'S COURT: Beginning at a point on State Route 32/258, 0.19 miles east of its intersection with State Route 10, thence, running in a northerly direction, 0.10 miles to a cul-de-sac. Length: 0.10 miles Right of way: 66' and 50' Total length: O.10 miles Unrestricted rights of way sixty-six (66) feet and fifty (50) feet in width and additional right of way for the cul-de-sac, along with the necessary drainage easements have been provided and are on record in the Office of the Cierk of the .Circuit Court of Isle of Wight County in Deed Book 313, Page 4b1, dated May 12 , 1986; Plat Book 13, Page 128, 129, dated December 2, 1986, and is :guaranteed. On motion of Chairman Bradby, the .Board voted unanimously (4-Oj to approve the low bid contracts for petroleum and gas for fiscal year 1988-89 as follows: Metallgesllschaft - regular ,gas $.5275 and #2 fuel $.5850 and Angus I. Hines - diesel $.4619. Supervisor Edwards moved the Board authorize County Administrator Standish to sign the contract ;with auditors, Goodman & Company, for fiscal year 1988-89. The motion passed by unanimous (4-O) vote of the Board. Supervisor Edwards moved the Board authorize County Administrator Standish to sign the contract with R. Kenneth Weeks fof the study of alternatives for the sewer system in the Town of Windsor area for the sum of $2,000.00. The vote in favor was unanimous (4-0). County Administrator Standish informed the Board members that the Hampton Roads Sanitary District staff will be at the July 21st Board meeting tv give a formal presentation of their analysis of the extension of the sewer service into Isle of Wight County along Route 460 and the Route 17 corridor. County Administrator Standish stated he had personnel matters, intergovernmental matters and contractual matters to be discussed during executive session later during the meeting. // Lieutenant Steven G. Bowman presented the following Sheriff's Department activity report. for the month of June 1988: man hours 2,874, mileage 39,320, .papers served 1,132, response to calls 262, misdemeanors 41 with 23 arrests with a clearance -rate of 56.10$, felonies 25 with 11 arrests and a clearance rate of 44.00, prisoner. transports 23, mental patient transports 4, traffic summons issued 51 - 17 were no County tags and fines collected $1,933. 1 3~ aoaK 14 rAGE165 1 ®® Chairman Bradby called for consideration of then following conditional use permit application which was tabled at the April °~® 1988 meeting. The application of Virginia S. Fedonchuk, owner, and Benns Church Properties, prospective owners, fora conditional use permit to operate borrow pits containing 33.51 total acres of land located on the west side of Routes 10 and 32, in Newport Magisterial District. Supervisor Edwards, moved the Board open the floor to hear comments from the audience. The motion passed with Supervisors Bradty, Bradshaw and Edwards voting aye. Supervisor Turner abstained. Supervisor Turner .stepped down from the dies due to a conflict of interest. [] A. L. Jones, II, attorney representing the applicants, stated the applicants desire to be required to labor under the new .ordinance although the Planning Commission reviewed the application and recommended approval under the old ordinance. Mr. Jones asked the Board to approve the application. Supervisor Edwards expressed concern relative to the possibility of the .hole not filling with water, to which Mr. Jones replied, "It will fill up with water" Supervisor Edwards stated water leaks out of lakes as fast as it seeps in, will you put up adequate surety to cover same? Mr. Jones. stated we are prepared to do whatever is necessary to meet the requirements. Supervisor Edwards inquired of Mr. Crook how the Board could insure that the lakes would hold water. County Attorney Crook responded that the Bbard could add a condition that a liner be installed and require additional surety to cover same. Howard W. Gwaltney, Jr., adjacent property owner, asked if the Board way going to require that the lake be filled with water? Robbie Taylor, nearby landowner, appeared in opposition expressing concern relative to traffic, County losing land once there is a hole dug, whether it is the best use of the land, no pits being reclaimed as yet, whether the $1,000 per acre bond is sufficient, erosion control and the completion of durrent pits prior to approving more. Mr. Taylor asked the Board to turn down the application. Martin Jones, appeared representing the E. E. Holloway, Jr. Estate. Mr. Jones stated he concurred with Mr. Taylor and. Mr. Gwaltneyos comments. Mr. Jones also expressed concern regarding the controlled growth in the County, planning for the future, dust in the area, traffic problems, and effects on the historical district and of Benns Church. Mr. Jones stated he would like the Board to consider very strongly where we are going in that area of the County and what is best for 10, 15, or 20 years from now; what is it going to look like and what can we do to enhance it. 1 Mr. A. L. Jones, II asked the Board to lay aside personality conflicts and please approve the application. Su ervisor Edwards moved the Board approve the application of Virginia S. Fedonchuk, owner, and Benns Church Properties, prospective owners, for a conditional use permit to operate borrow pits containing 33.51 total acres of land located on the west side of Routes 10 and 32, in Newport Magisterial District with the following conditions.: (1) make sure there is a lake when excavation is complete, (2) line pit if it leaks, (3) project to be monitored by Virginia Department of Mines, Minerals and Energy and (4) project will be governed by the new ordinance rules rather than the old ordinance. The motion passed with Supervisors Edwards and Bradshaw voting aye and Chairman Bradby voting no. Supervisor Turner did not vote. // ®n motion of Supervisor Turner, the Board voted unanimously (4-0) to appoint Ray Hughes to serve another term as a member of the Private Industry Council (PIC). j; ae~K 14 ~~c~1~i6 Chairman Bradby moved the Board appoint Reverend Vincent L. Thomas, Route 2, Box 472, Smithfield, Virginia, to serve as a member of the Social Services Board. The vote in favor was unanimous (4-0) . // County Attorney Crook recommended the Board approve the June 2, 1988 minutes of the Board of Supervisors meeting. On motion of Supervisor Edwards, the Board voted unanimously (4-0) to approve the June 2, 1988 Board of Supervisors minutes. l/ . Supervisor Turner moved the Board go into executive session for the purpose of discussing with legal counsel and staff members personnel matters, intergovernmental matters and contractual matters. The motion carried unanimously (4-0). The Board went into executive session at 6:20 P.M. and returned to open session at 7:03 P.M. // Supervisor Edwards moved the Board direct County Administrator Standish to advertise for the position of Director of Public Utilities. The motion carried (3-1) with Supervisors Bradshaw, Edwards and .Turner voting aye and Chairman Bradby voting no. Supervisor Edwards moved the Board direct County Attorney Crook to review County ordinances to determine if big game can be hunted with a rifle in the County. The vote in favor was unanimous (4-O). // At 7:05 P.M. Supervisor Bradshaw moved the meeting be. adjourned, which passed unanimously (4-0). ~~~ Henry Bradby, Chairman