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11-03-1988 Regular Meeting9001( 14rA^:'220 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turngr Also attending: H. Woodrow Crook,,Jr., County Attorney Myles E. Standish, County Administrator William McKay, County Planner Beverly Walkup, Community Development Coordinator Kenneth L. Chandler, Assistant to the County Administrator ' Hilda W. Hanson, Budget and Finance Director Judy Begland, Economic Development Coordinator ' David J. Murphy, Public Utility Director C. W. Phelps, Sheriff Betty Scott, Assistant Clerk rl The Chairman called the meeting to order at 2:00 P.M. The invocation was given by Supervisor Turner. // R. W. Coates, Resident Engineer, Department of Transportation, stated he did not have anything to present to the Board. Supervisor Edwards expressed concern relative to the Department of Transportation providing a traffic study for proposed subdivision projects which will contain 100 units or more prior to the Board's consideration, in an effort to speed up the process of the applications. Mr. Coates stated the developer has to have the study conducted. County Administrator Standish asked if that provision could be a requirement of the Board for any proposed project containing 100 units or more, to which County Attorney Crook replied, "No, the ordinance would have to be amended". Chairman Bradby asked Mr. Coates to investigate the possibility of installing a flashing light at the intersection of Routes 258 and 620. Mr. Coates replied that a traffic study had been made within the last year, but he would check into the matter. Chairman Bradby also stated that Route 646 needs attention. Mr. Coates informed the Board members that the Transportation Department planned to stake the section where right-of-ways had been obtained, beginning on Friday, November 4, to determine right-of-way t-idths. Andy Sustair, property owner on Route 646, stated the residents had been successful in obtaining 40 foot right-of-ways from all but one resident and that they had visited Jerry Webb and offered to pay him $1,000 to obtain a right-of-way across his property, which Mr. Webb refused. Supervisor Turner asked Mr. Coates what would be the approximate cost of the project, to which Mr. Coates replied, "pro~ected cost per mile is $250,000". Mr. Coates continued stating that neither section of Route 646 carried enough traffic to pay for the road improvements. It is not in the "Six Year Plan" and the Board had indicated it wished to use revenue funds to pay for the project. Mr. Coates further stated that after all right-of-ways have been secured, the Department of Transportation would see what they can do. Ashley Parker, County citizen, asked Mr. Coates for a traffic count on Route 644. Mr. Coates informed Mr. Parker he did not have that information with him. Supervisor Bradshaw asked Mr. Coates to contact John Bowers and Mr. Evans in reference to cleaning out ditches along Route 694. ' eoo~ 14 ~ac~ 2?9 ii The Chairman called for a public hearing on the following rezoning applications: 1. The application of Howard A. La den, Jr. and Bobby Layden to amend existing conditions on 2.05 acres of land, zoned conditional business general, located on the east side of Route 17, between Route 661 and the Crittenden Bridge, in Newport Magisterial District. The purpose of the application is for boat sales and service. Howard Layden appeared and stated he would like to use the land for sale and repair of boats. Mr. Layden also stated he will work with the Department of Transportation to improve the entrance to the property for traffic safety. Mr. Layden asked the Boards favorable consideration. Fisher Dashiell, nearby property owner, expressed concerns regarding traffic,' accidents, and asked whether the business will be an indoors or outdoors, that is whether boats would be placed indoors or outdoors. Mr. Layden stated the boats will be stored outside in a fenced area, the workshop will be enclosed within a Butler type building. Mr. Layden continued stating he would like to move his business from Portsmouth to the County and feels that it is a business that will grow and be an asset to the County. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of Howard A. Layden, Jr. and Bobby Layden to amend the existing conditions on 2.05 acres of land, zoned conditional business general, located on the east side of Route 17, between Route 661 and the Crittenden Bridge, in Newport Magisterial District as requested in the application. 1 2. The application of Maude L. Jordan, owner, and Charlie C. Gregory, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to G-R1, Conditional Residential Limited, 10 acres of land located on the south side of Route 644, between Routes 620, 258 and 10, in Newport Magisterial District. The purpose of the application is for a single family residential subdivision of no more than 10 lots. Mr. Gregory appeared and stated the proposed subdivision is a ten acres tract of land located one mile west of Smithfield High School on Route 644, and would be compatible with the surrounding area. Mr. Gre ory also stated the houses would range in cost from $100,000 to 150,000. Mr. Gregory further stated that he would comply with the Department of Transportation's requirements for safety and road construction. Supervisor Ross questioned Mr. Gregory as to expected use of the remaining acreage. Mr. Gregory stated the proposed project is located on a separate ten acres tract and is owned by Mrs. Jordan. The land in the rear which he owns, he does not have any plans for development at the present time. Chairman Bradby stated that a letter had been received from R. W. Coates, Resident Engineer, Department of Transportation, asking that the application not be approved until the road is brought up to State standards. Mr. Gregory stated he would do whatever the Department of Transportation requires. Supervisor Ross moved the Board deny the application of Maude L. Jordan, owner, and Charlie C. Gregory, prospective owner, for a change in zoning classification from A-l, Agricultural Limited, to C-R1, Conditional Residential Limited, 10 acres of land.located on the south side of Route 644 between Routes 620, 258 and 10; in Newport Magisterial Distr~ct. The vote in favor was unanimous (5-O). 3. The application of E. F. G., Inc. and Stephen T. Edwards for a change in zoning classification from A-1, Agricultural Limited, to C-R1, Conditional Residential Limited, 43.12 acres of land located on the west side of Route 655, between Routes 620 and 258, in Newport Magisterial District. The purpose of the application is for a single family residential subdivision of no more 8oQ11 14 ~A~2~p . than 40 lots. Rodham T. Delk, Jr., attorney representing the applicants appeared and stated the applicants would like to withdraw their application and perhaps come back later. On motion of Supervisor Turner, the Board voted unanimously (5-0) to grant the applicants request to withdraw their application for a change in zoning classification from A-i, Agricultural Limited, to C-Rl, Conditional Residential Limited, 43.12 acres of land located on the west side of Route 655, between Routes 620 and 258, in Newport Magisterial District. 4. The application of Welford O. Lucy, Jr. and Robert C. Dorey, Jr. for a chance in zoning classification from A-1, Agricultural Limited, to C-RA, Conditional Rural Residential, approximately 196 acres of land located on the north side of Route 460, between Routes 645 and 646, in Hardy Magisterial District. The purpose of the application is for a single family residential subdivision of no more than 75 lots. Supervisor Ross stated that there was correspondence in the Board's agenda stating the applicants had requested their application be tabled until December 31, 1988. Supervisor Turner moved to table the application of Welford O. Lucy, Jr. and Robert C. Dorey, Jr. fora change in zoning classification from A-1 Agricultural Limited, to C-RA, Conditional Rural Residential, approximately 196 acres of land located on the north side of Route 460, between Routes 645 and 646, in Hardy Magisterial District until the December 31, 1988 meeting and that the application be readvertised. The motion carried unanimously (5-0). 5. The application of J. P. Barlow and Judith B. Bolling for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 172.3 acres of land located on the east side of Routes 10 and 258, between Routes 32 and 258 and the Smithfield Corporate Limits, in Newport Magisterial District. The purpose of the application is for no more than 160 single family residential lots. Rodham T. Delk, Jr., attorney representing the applicants, appeared and stated that revised proffers were delivered to Mr. Standish's office around noon today. Mr. Delk stated the farm has a total area of 232 acres on the south side of the Corporate Limits of the Town of Smithfield and the applicants are requesting that 172.3 acres be rezoned to residential, 59.3 acres will be reserved for future use and rezoning at a later time. Mr. Delk continued statinc the intended residential lots will average 3/4 of an acre with the smallest lot being about 68 acre. Mr. Delk further stated the applicants believe the proffered conditions assure good development and will enhance future develo~.ment in Isle of Wicht County, and the applicants have taken steps to address the impact of development on County residents. Mr. Delk asked the Board's favorable consideration. Mr. Delk informed the Board members that Mr. Gary Burling, engineer with H. W. Roberson Company, and Norman Mason with Langley and McDonald Engineering, were present should there be any questions. County Attorney Crook asked Mr. Delk if proffer No. 2 meant that a central water system would be installed and conveyed to the County, to which Mr. Delk replied, "The developers would use water from the existing County water main". County Administrator Standish stated the proffers indicated that whatever the County directs the developers will do. Phillip Edwards, adjoining property owner, asked if the revised proffers would affect him in any way. Mr. Delk stated that nothing was changed that would involve Mr. Edwards. Supervisor Bradshaw insisted that the No. 2 proffer be rewritten to state specifically that the utility services would be owned by the County. County Attorney Crook advised that if Mr. Delk would clarify for, the record that proffer No. 2 meant that the developer/owners would construct the water system to County specifications and convey same to the County it would not 1 1 eooK 14 ~acf231 I ~~ be necessary to amend the written proffer which would require re-advertising and another public hearing. Mr. Delk stated that proffer No. 2 does mean that the system will be constructed and conveyed to the County if requested by the County. Supervisor Edwards asked County Attorney Crook if proffer No. 11 is enforceable under the Code of Virginia as it is now. County Attorneyy Crook stated, "Well, the thing is they made the proffer which is a written offer to the County and in addition to that he has agreed not to contest the legal enforceability of that proffer. So the question is whether the County can accept the offer. I would say the County can accept his offer, whether you can enforce it with or without the non-contestability clause would be a very big problem". Supervisor Turner stated , "Mr. Chairman, in relation to that, when we get to new or old business, I will ask the Board to support a motion directing the County Attorney to obtain an opinion on this as well as other proffers that have been presented to the County by other. developers to make sure of the legal position of~the County, not only for this but for the future of other developments". Supervisor Turner moved the Board approve the application of J. P. Barlow and Judith B. Barlow for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited 172.3 acres of land located on the east side of Routes 10 and 258, between Routes 32 and 258 and the Smithfield Corporate Limits, in Newport .Magisterial District with the revised proffers. The motion .passed by unanimous (5-0) vote of the Board. 6. The application of the City of Franklin for a change in zoning classification from A-2, Agricultural General, to M-1, Industrial Limited, approximately five acres of land located off Route 58 at the airport site, north of Route 58 and west of Route 258, in Windsor Magisterial District. The purpose of the application is for reconditioning het aircraft. John J. Jackson, Franklin City Manager, appeared to represent the property owners, and introduced Jim Bradshaw, Economic Director for the City of Franklin and Southampton County. Mr. Jackson stated they were seeking zoning to allow the operation of a business which specializes in reconditioning the interiors of jet aircraft which requires rezoning ad~acent to the airport runway to connect with the property previously zoned industrial by the Board.. On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to approve the application of the City of Franklin for a change in zoning classification from A-2, Agricultural General, to M-1, Industrial Limited, approximately five acres of land located off Route 58 at the airport site, north of Route 58 and west of Route 258, in Windsor Magisterial District. Supervisor Bradshaw questioned Mr. Jackson regarding the County's request for the City of Franklin to remove the speed limit sign located in'the County which had "City of Franklin" on it. Mr. Jackson stated the Department of Transportation was requiring them to remove the existing sign as not being in compliance with Virginia Department of Transportation regulations and the City would comply with their recommendations. 7. The application of Wyatt S. Mapp for a change in zoning classification from A-2, Agricultural General, to C-B-1, Conditional Business General, 2 acres of land located on the north side of Route 10, between the Surry County line and Route 676, iri Hardyy Magisterial District. The purpose ,of the application is for uses allowed in a B-1 zone excluding a private membership after hours night club. Jacques Meyers appeared to represent the application. Mr. Meyers stated rest rooms had been added to the restaurant facility and they would not operate an after hours club. Supervisor Turner moved the Board approve the application of Wyatt S. Mapp fora change in zoning classification from A-2, Agricultural General, to C-8-1, Conditional Business General, 2 euoK 14 ~AC~232 acres of land located on the north side of Route 10, between the Surry County line and Route 676, in Hardy Magisterial District. The vote in favor was unanimous (5-O). // Mildred Ramsey, County resident, presented suggested names for several roads n the Mill Swamp area of the County and asked the Board's assistance. Chairman Bradby asked County~Attorney Crook the status cf the street naming and whether the Board would have the opportunity to change the names. County Attorney Crook responded that the street names had not been referred to the Board o! Supervisors by the Planning Commission yet. He further advised that the Board of Supervisors would hold a public hearing on the names and would have the opportunity to change names. // At 3:28 P.M. Supervisor Turner moved the Board recess for ten minutes, which passed unanimously (5-0). The Board reconvened at 3:41 P.M. // On motion of Supervisor Turner, the Board voted unanimously (5-0) to adopt the following resolution acknowledging a formal and permanent relationship between Isle of Wight County, Virginia and Isle of Wight of the United Kingdom. RESOLUTION ACKNOWLEDGING A FORMAL AND PERMANENT RELATIONSHIP BETWEEN ISLE OF WIGHT COUNTY, VIRGINIA AND THE COUNTY OF ISLE OF WIGHT OF THE UNITED KINGDOM WHEREAS the County of Isle of Wight, Virginia, originally known as Warrosquo~acke, was formed in the year • 1634 as one of the eight origAnal shires by the General Assembly of the Colony of Virginia; and WHEREAS this County of Isle of Wight, Virginia was settled by many individuals from, and who ultimately named the County for the Isle of Wight of the United Kingdomt and WHEREAS numerous personal, profession and governmental relationships have been established and continue between individuals and groups in both localities; and WHEREAS it is the expressed intent of both Counties to strengthen these relationships, and to formalize them and to make them permanent, and to promote continued and expanded friendships among all persons. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that it hereby establishes the County of Isle of Wight in the United Kingdom of Great Britain and Northern Ireland as its partner community, with the intent to maintain and expand a continuing friendship between the peoples of both localities, to promote exchanges between their citizens and to encourage additional ties between their respective governments and businesses. BE IT FURTHER RESOLVED that copies of this resolution be formally entered in the minutes of the $oard of Supervisors of November 3, 1988 and a copy be furnished to the Council of the County of Isle of Wight of the United Kingdom as the warmest possible expression of friendship and good will. County Administrator Standish recommended the Board adopt various water rates and fees that will be utilized by the County Public Utility Department. County Attorney Crook advised tha Board of Supervisors that an ordinance is needed to adopt water rates and fees to be utilized by the County. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to direct County Attorney Crook to prepare and advertise a eoo~ 14 rA~~233 proposed ordinance relative to the County Utility Department water rates and fees. County Administrator Standish informed the Board members that a public hearing will be held on Monday, November 14, 1988, at 10:00 A.M. to receive public comment relative to the proposed Community Development Block Grant program. Supervisor Turner moved that all development proposals be submitted to .the County Public Utility staff for review and comment as appropriate rather than the Isle of Wight Public Service Authority. The motion passed by unanimous (5-O) vote of the Board members. On motion of Supervisor Turner, the Board voted unanimously (5-O) to direct County Attorney Crook to obtain a legal opinion relative to enforceability of proffered conditions for zoning applications. // Sheriff C. W. Phelps presented the following activity report for the month of October 1988: misdemeanors 28 with 13 arrests, felonies 22 with 8 arrests prisoner transports 31, mental patient transports 1, traff~c summons issued 40, and fines collected $1,447. // Supervisor Bradshaw moved the Board go into executive session to discuss with legal counsel and staff members pending and potential. litigation, property acquisition, use of public property and personnel. The vote in favor was unanimous (5-0). // Upon returning to open session, on motion of Supervisor Turner, the Board voted unanimously (5-0) to direct County Administrator Standish and his staff to seek an environmental study for the Ring's Colony subdivision project as was done for the Cypress Creek project. Supervisor Edwards moved the Board direct County Administrator Standish to work with the Isle of Wight County Public Service Authority in an effort to obtain alternative office space for the Authority. The motion carried with ~, Supervisors Ross and Edwards voting aye, Chairman Br~dby voting nay and Supervisors Turner and Bradshaw abstaining. // At 5:35 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously. my a y, a an t _, . . 4 * } T !/ ~ 1 1 1