08-03-1989 Regular Meeting~i
aoo~ 14 :~,:~ 387
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE THIRD DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED EIGHTY
NINE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross.
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Kennth L. Chandler, Assistant to the County
Administrator
William A. McKay, Planner
Judy A. Begland, Economic Development
Coordinator
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 2:01 P.M.
The invocation was given by Supervisor Ross.
//
R. W. Coates, Resident Engineer, Virginia Department of
Transportation, informed the Board members that_ signs had been
erected in the curves along Route 600 and the tentative estimated
cost to straighten the curves is $260,000, which is more revenue
money than the County has. Mr. Coates stated there is $234,000
in the County's revenue sharing fund. Mr. Coates continued
stating that the project could be put in the Six Year Plan.
Supervisor Turner stated there are bad curves on Route 600
and with the growing population he would like see construction
work begin as soon as possible to straighten out the curves.
Supervisor Bradshaw asked Mr. Coates if the revenue sharing
money could be used for the needed work on Route 694, to which
Mr. Coates replied it will cost between $125,000 to $140,000,
leaving approximately $94,000 of revenue sharing money.
Following discussion and on motion of Supervisor Bradshaw,
the Board voted unanimously (5-0) to ask Mr. Coates to proceed
with improvements on Route 694 and apply the remaining revenue
• money toward improvements on Route 600.
Mr. Coates stated a resolution would be needed to proceed
with the Rout 694 project and he would prepare same for the
Board's consideration.
Supervisor Turner and Chairman Bradby asked Mr. Coates to
have a study done to determine the cost of widen Route 646 from
the hard surface to Jerry webb's property and from Mr. Webb's
property to the dead end. Mr. Coates stated he would and would
provide the County Administrator with the details.
Supervisor Edwards stated that Mr. Coates had done a lot of
work in the Central Hill Community in the past two years and
asked when it would be completed. Mr. Coates replied stating the
ditches have been put in good shape, some seeding has to be done,
they have corrected the bus intersection turn around, pipes have
been installed across the road relay and there is no water
standing in the ditches unless it is being discharged from
washing machines which drain into the ditches.
R. L. Walker, representing the Central Hill Community Club,
stated there had been some rock put in the ditches by the Highway
Department behind the church on Route 1302 and the water will not
run out. Mr. Walker further stated that when the ditches were
cleaned out along Route 1304 debris was put in a property owner's
field, which the people in the community have cleaned up. Mr.
Walker presented a bill to the Board which was incurred as a
result of a property owner's water line being cut during the
ditch cleaning process. Mr. Walker also asked the Board to take
action relative to the ditch work in the Central Hill Community.
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Supervisor Turner stated .it appears that a great deal of
work has been done in this area and it is not the only area in
the County that needs work and he hopes there is some
appreciation for what is being done.
Mr. Walker invited the Board members to come to Central Hill
and take a look at the ditch problems.
//
Chairman Bradby called for a public hearing on "An Ordinance
To Amend The Subdivision Ordinance Of Isle of Wight county To
Amend The Definition Of Subdivision Therein".
William H. Riddick, attorney representing developers and
real agents who oppose the ordinance, appeared and asked the
Board not to adopt the change in the definition of the
subdivision ordinance. Mr. Riddick continued stating the
proposed ordinance amendment would limit the rights of property
owners and suggested the Board study the far reaching affects on
County residents. He stated that no minimum acreage was proposed
which means that subdivision plat prepared for tracts with
hundreds of acres of land which would be very expensive, unfair
and a burden on the property owners. Mr. Riddick asked the Board
to further study the proposed ordinance before adopting same.
Supervisors Edwards, Turner and Bradshaw stated they feel
the Board needs to wait until the Comprehensive Land Use Plan is
completed before considering adoption of the proposed amendment.
County Attorney Crook stated the need for this revision was
brought to his attention by Mr. Casket' who pointed out that the
present definition of subdivision allows parcels that are five
acres or larger along the road to be subdivided without
subdivision plats, without any County control. Mr. Crook
continued stating that some developers have provided Mr. Caskey
with, as they call it, courtesy copies of their plats showing
their developments of five acre lots along existing public roads.
Mr. Crook also stated that you have had a lot of recommendations
from the Highway Department not to allow developments along
existing roads until the roads are improved, and these
developments are outside of your ordinance and you have no
control over them. So, that is what this amendment is designed
to address, the exemption of five acres parcels that are on
public roads, said Mr. Crook.
Supervisor Turner asked Mr. Crook are you in a situation to
maybe not so much have it so broad as it is here, but have a
situation that there is some review far as roads or other things
are concerned in there, have another section that won't encompass
everything that the subdivision entails? Mr. Crook replied
stating the Planning Commission was in favor of this because they
have long taken the position that they oppose strip development
along public roads anyway. You have tabled the other amendments
to the subdivision ordinance for water and sewer for a study, so
you may want to do the same with this.
Supervisor Ross moved the Board deny the "Ordinance To Amend
The Subdivision Ordinance Of Isle of Wight County To Amend The
Definition Of Subdivision Therein". The vote in favor was
unanimous. The motion passed unanimously (5-0).
The Chairman called for consideration of the following
musical festival request:
The request of Douglas N. Baker to hold a Music
Festival on Friday, August 18, and Saturday, August 19,
1989, at the American Sportsman Campground located on
Route 650, in Hardy Magisterial District.
Douglas N. Baker appeared. No one appeared in opposition.
The Planning Commission recommended approval by unanimous vote.
1
Supervisor Bradshaw questioned why there was no performance
bond required. County Attorney Crook stated that usually a
performance bond, in the amount of $500.00, was required by the
.:
enc~w ~.4 r~,;~ 38~
Board to cover the applicant's compliance with the provisions of
the County ordinance.
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-0) to approve the request of Douglas N. Baker to
hold a Music Festival on Friday, August 18, and Saturday, August
19, 1989, at the American Sportsman Campground located on Route
650, in Hardy Magisterial District, with the condition that Mr.
Baker provide a $500.00 performance bond.
Chairman Bradby called for consideration of the following
special request:
The special request of Clifford A. Brown to allow a
game room with no more than ten coin operated machines
for public amusement, at the New Hope Mini Mart,
located on the east side of Route 58, in Windsor
Magisterial District.
Clifford A. Brown appeared and asked the Board's favorable
approval.
Supervisor Bradshaw moved the Board approve the special
request of Clifford A. Brown to allow a game room with no more
than ten coin operated machines for public amusement, at the New
Hope Mini Mart. The motion passed by unanimous (5-0) vote of the
Board.
The Chairman called for consideration of the following
rezoning applications:
a. The application of Baggs Enterprises, Ltd., owner, and
Mollie H. Yates, prospective owner, for a change in
zoning classification from A-1, Agricultural Limited,
to Conditional R-MH-A, Conditional Rural Mobile Home
District, approximately 4.5 acres of land located on
the south side of Route 682, betcaeen Routes 652 and
680, in Hard Magisterial District. The purpose of the
application is for the permanent location of one mobile
home.
Fleta Baggs, realtor representing the applicant, stated the
Planning Commission recommended denial and asked the Board what
their criteria is regarding this type of application.
Supervisor Bradshaw asked why the Planning Commission denied
the application, to which County Attorney Crook replied, the
Planning Commission discussion centered on the fact that no other
mobile homes were presently in the area and that approval of a
permanent mobile home would set an undesirable precedent
articularly with the remainder of the platted subdivision. Mrs.
Baggs stated there are two mobile homes next door, on the
Sprately Estate, which have apparently been there for sometime.
Mrs. Baggs stated the son wants his mother on this lot and will
be the only lot sold this way.
Following discussion and on .motion of Supervisor Bradshaw,
the Board voted unanimously (5-0) to table action on the
application of Baggs Enterprises, Ltd., owner, and Mollie H.
Yates, prospective owner, for a change in zoning classification
from A-1, Agricultural Limited, to Conditional R-MH-A,
Conditional Rurai Mobile Home District, approximately 4.5 acres
of land located on the south side of Route 682, between Routes
652 and 680, in Hardy Magisterial District, so that the
applicants could proffer in writing the condition that the mobile
home will only be occupied by Mollie H. Yates during her
lifetime.
b. The application of Johnnie M. March Estate for a change
in zoning classification from A-1, Agricultural
Limited, to Conditional R-A, Conditional Rural
Residential, nine acres of land located on the east
side of Route 641, between Routes 653 and 58, in
Windsor Magisterial District. The purpose of the
application is for no more than six single family
residential lots.
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Brian March appeared to represent his mother, and stated
they are seeking zoning to allow no more than six residential
lots on nine acres of land with six individual driveways. Mr.
Marks stated no one wants to share a driveway and the Department
of Transportation does not object.
Supervisor Bradshaw moved the Board approve the application
of Johnnie M. March Estate for a change in zoning classification
from A-1, Agricultural Limited, to Conditional R-A, Conditional
Rural Residential, nine acres of land located on the east side of
Route 641, between Routes 653 and 58, in Windsor Magisterial
District. The motion carried (3-2) with Supervisors Bradby,
Bradshaw and Turner voting aye and Supervisors Ross and Edwards
voting nay.
c. The application of Bailey Enterprises, Inc. for a
change in zoning classification from A-1, Agricultural
Limited, to Conditional R-1, Conditional Residential
Limited, 30.5 acres of land located on the north side
of Route 620, between Routes 258 and 655, in Newport
Magisterial District. The purpose of the application
is for no more than 25 single-family building lots.
County Attorney Crook informed the Board members that
Attorney Rodham T. Delk, Jr. would be representing the
application, but was delayed in the Isle of Wight General
District Court and he requested that the Board table action until
he returns to the Board meeting.
On motion of Supervisor Edwards, the Board voted unanimously
(5-O) to table action on the application of Bailey Enterprises,
Inc. for a change in zoning classification from A-1, Agricultural
Limited, to Conditional R-1, Conditional Residential Limited,
30.5 acres of land located on the north side of Route 620,
between Routes 258 and 655, in Newport Magisterial District until
Attorney Delk arrived at the meeting.
d. The application of Bobby Ray Smith, owner, and Whit
Williams, Inc., lessee/operator, for a conditional use
permit to operate a borrow pit pf 35 acres on a total
of 78 acres of land located off the west side of Route
614, south of Route 460, in Hardy Magisterial District.
Judy Phaup, representing the applicants, appeared and stated
the applicants are seeking a permit to allow the operation of a
borrow pit of 35 acres which was operated as a borrow pit from
1974 to 1979. Ms. Phaup stated the operation left a shallow pond
on the property which has been steadily filling in due to
unstable banks caused by the lack of a reclamation effort on the
part of the previous owners, and now the current owner intends to
dig the pond deeper to increase water quality and enable
livestock to water safely, as well as creating a fish farm in the
future. Ms. Phaup presented petitions and letters to the Board
which had been circulated among the neighbors and friends
relative to widening the road which will be used if the
application is approved.
Supervisor Bradshaw expressed concern regarding the easement
of right-of-way not being in writing.
Virginia Denison, nearby resident, appeared in opposition
expressing concern relative to the narrow road, privacy, traffic,
and the length of time involved for the operation. Mrs. Denison
stated she went house-to-house on Routes G45, 614 and down her
lane with petitions and obtained signatures from those opposed to
the borrow pit operation. Mrs. Denison asked the Board to deny
the application.
County Attorney Crook stated that for clarification, in
order to widen the right-of-way there has to be written
permission from each property owner along the way.
Supervisor Bradshaw moved the Board deny the application of
Bobby Ray Smith, owner, and Whit Williams, Inc., lessee/operator,
for a conditional use permit to operate a borrow pit of 35 acres
on a total of 78 acres of land located off the west side of Route
614, south of Route 460, in Hardy Magisterial District. The
T;
aooK ~4 ~~~~~3y1
motion carried with Supervisors Bradshaw, Bradby, Edwards and
Ross voting nay. Supervisor Turner abstained.
e. The application of Windsor Peanut Company for a change
in zoning classification from A-1, Agricultural
Limited,. and A-2, Agricultural General, to B-1,
Business General, .32 acre of land and to Conditional
M-1, Conditional Industrial Limited, .81 acre of land
located on the north side of Route 460, between Routes
646 and 258, in Windsor Magisterial District. The
purpose of the application is for uses allowed in the
business zone and mini storage.
Thomas Moore, Old Virginia Realty Company representative,
appeared to represent the applicants. Mr. Moore stated the
applicant is seeking zoning to allow the operation of a
mini-storage business on property located behind an existing
commercial structure owned by the Windsor Peanut Company and an
unspecified business use along the front portion of the property,
including the existing structure. Mr. Moore asked the Board to
approve the application.
Supervisor Edwards stated there is a tremendous need for
this type of business in the Windsor area. Supervisor Edwards
moved the Board accept the Planning Commission's recommendation
to approve the application of Windsor Peanut Company for a change
in zoning classification from A-1, Agricultural Limited, and A-2,
Agricultural General, to B-1, Business General, .32 acre of land
and to Conditional M-1, Conditional Industrial Limited, .81 acre
of land located on the north side of Route 460, between Routes
646 and 258, in Windsor Magisterial District. The vote in favor
was unanimous (5-O).
County Attorney Crook informed the Board members that Rodham
T. Delk, Jr., attorney, is also representing the rezoning
applications of Dois I. Rosser, Jr. for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-2, Conditional Residential General, 16.38 acres of land located
on .the south side of Route 10 bypass, between Route 655 and
Cypress Creek, in Newport Magisterial District and the
application of Olde Town Real Estate, Inc. for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-3, Conditional Townhouse Residence District, approximately 255
acres of land located on the east side of Route 704, between
Route 704 and Jones Creek, in Newport Magisterial District and
asked that the Board also table action these applications until
Mr. Delk returns from court.
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-0) to table acting on the application of Dois I.
Rosser, Jr. for a change in zoning classification from A-1,
Agricultural Limited, to Conditional R-2, Conditional Residential
General, 16.38 acres of land located on the south side of Route
10 bypass, between Route 655 and Cypress Creek, in Newport
Magisterial District and the application of Olde Town Real
Estate, Inc. fora change in zoning classification from A-1,
Agricultural Limited, to Conditional R-3, Conditional Townhouse
Residence District, approximately 255 acres of land located on
the east side of Route 704, between Route 704 and Jones Creek, in
Newport Magisterial District until Mr. Delk returns to the Board
meeting.
//
At 3:09 P.M. Supervisor Bradshaw moved the Board recess.
The motion carried with Supervisors Bradshaw, Bradby, Ross and
Turner voting aye. Supervisor Edwards was absent when the vote
was taken. The Board reconvened at 3:30 P.M.
//
Chairman Bradby called for a public hearing on the following
rezoning applications which were tabled earlier:
a. The application of Bailey Enterprises, Inc. for a
change in zoning classification from A-1, Agricultural
Limited, to Conditional R-1, Conditional Residential
Baoa 14 ~A~ ~~~?
Limited, 30.5 acres of land located on the north side
of Route 620, between Routes 258 and 655, in Newport
Magisterial District. The purpose of the application
is for no more than 25 single-family building lots.
Rodham T. Delk, Jr., attorney representing the applicant,
appeared and stated approximately 100 acres of land was purchased
in 1972 and sections one and two of the Smithfield Heights
Subdivision have been developed and sold. Mr. Delk continued
stating that section 3 is partially developed and complete and
the developer would now like to rezone section 4 to R-1 in order
to allow him to construct no more than 25 single family lots.
Mr. Delk stated the developer has upgraded the existing water
system and plans to use same for section 4. Mr. Delk further
stated that R. W. Coates, Resident Engineer with the Virginia
Department of Transportation, says Route 620 needs improvements
to take care of the traffic. Mr. Delk read the following amended
proffers as offered by the applicant: (1) No more than 25
single-family building lots, (2) Water service will be provided
by extending the existing Tidewater Water Company system serving
Sections One, Two and Three of Smithfield Heights Subdivision.
All building lots will be served by individual septic tank
systems. (3) Trash and garbage disposal to be through existing
County dumpsters serving Sections One, Two and Three of
Smithfield Heights Subdivision. (4) The property will be
controlled by comprehensive restrictive covenants, identical
where possible to those now in effect for Sections One, Two and
Three of Smithfield Heights Subdivision. (5) The proposed
development will be an extension of the existing Smithfield
Heights subdivision and will complete the development of the
subdivision. (6) This rezoning shall be contingent upon the
improvement and widening of Route 620 from the intersection with
Route 258 to a point at or immediately east of the intersection
with Smithfield Heights. No development or improvement of the
property will be undertaken until such time as the improvement
and widening of Route 620 in this manner has. been completed.
Supervisor Bradshaw expressed concern relative to the County
owning the water system. Attorney Delk advised Supervisor
Bradshaw that the water system is owned by a private company,
Tidewater Water Company, and Bailey Enterprises, Inc. has no
control over the ownership of the water system.
Following discussion, Supervisor Edwards moved the Board
deny the application of Bailey Enterprises, Inc. for a change in
zoning classification from A-1, Agricultural Limited, to
Conditional R-1, Conditional Residential Limited, 30.5 acres of
land located on the north side of Route 620, between Routes 258
and 655, in Newport Magisterial District. There was a tie vote
with Supervisors Bradby and Edwards voting aye, Supervisors
Turner and Ross voting nay and Supervisor Bradshaw abstaining.
County Attorney Crook advised the Board members that it would be
necessary for the Board tie-breaker, O. A. Spady, to vote.
//
Supervisor Bradshaw moved the Board recess for five minutes
in order to allow the County Attorney time to confer with Mr.
Spady regarding Bailey Enterprise, Inc. application. The motion
passed by unanimous (5-O) vote. The Board recessed at 3:57 P.M.
and reconvened at 4:06 P.M.
//
County Attorney Crook informed the Board members that he had
conferred with Mr. Spady who requested the matter be tabled until
the August 17, 1989 Board meeting to allow Mr. Spady time to
review and study the Bailey Enterprise, Inc. application.
Supervisor Turner moved the Board table final action on the
application of Bailey Enterprises, Inc. for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-1, Conditional Residential Limited, 30.5 acres of land located
on the north side of Route 620, between Routes 258 and 655, in
Newport Magisterial District. The vote in favor was unanimous
(5-0).
..
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2. The application of Dois I. Rosser, Jr. for a change in
zoning classification from A-1, Agricultural Limited,
to Conditional R-2, Conditional Residential General,
16.38 acres of land located on the south side of Route
10 bypass, between Route 655 and Cypress Creek, in
Newport Magisterial District. The tract is to be
developed as a part of Cypress Creek subdivision.
Rodham T. Delk, Jr., attorney representing the applicant,
appeared and stated the applicant is seeking zoning identical to
the surrounding property which is currently zoned for a
residential community consisting of no more than 450 dwellings
and a golf course and to be known as Cypress Creek Subdivision.
Mr. Delk continued stating the property would be developed under
the same conditions as those approved in the original rezoning
with the exception of conditions for boat speeds and boat slips,
since the property is not adjacent to a water body.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the application of Dois I. Rosser, Jr. for a
change in zoning classification from A-1, Agricultural Limited,
to Conditional R-2, Conditional Residential General, 16.38 acres
of land located on the south side of Route 10 bypass, between
Route 655 and Cypress Creek, in Newport Magisterial District.
3. The application of Olde Town Real Estate, Inc. for a
change in zoning classification from A-1, Agricultural
Limited, to Conditional R-3, Conditional Townhouse
Residence District, approximately 255 acres of land
located on the east side of Route 704, between Route
704 and Jones Creek, in Newport Magisterial District.
The purpose of the application is for no more than 290
family residences and community recreational
facilities.
Rodham T. Delk, Jr., attorney representing the applicant,
allow no
t
i
o
ng
appeared and stated the applicant is seeking zon
ore than 290 single family residences on approximately 255 acres
m
of land owned by the Spadys and Tidewater Brandermill Associates.
Mr. Delk stated the intent of the application is to extend the
Gatling Pointe Subdivision, to not exceed 290 single family
ment and
elo
l d
i
p
ev
a
with no multi-family nor commerc
dwellings
,
the restrictive covenants will be consistent with those of
lk continued stating a traffic study has
D
e
Gatling Pointe. Mr.
been conducted and found to be okay and if desired by the Board
of Supervisors and School Board a school can be constructed on
f land within the subdivision. The following amended
ten acres o
proffers were proffered by the applicants: (1) The proposed
al
R
e
development will be a point venture between Olde Towne
nd Gatling Pointe Management Corporation, an
Estate, Inc. a
affiliate of Tidewater Brandermill Associates, the developer of
Gatling Pointe, (2) The proposed development will be an expansion
The concept, style and quality
mmunit
t
i
y.
e co
n
of the Gatling Po
of this proposed community will be similar to that currently in
place at Gatling Pointe, (3) The. number of residences proposed by
consisting entirely of
d 290
,
this application is not to excee
single family residences, (4) Public sewer and water will be
provided to this property by way of water and sewer facilities
Gatling Pointe. The water and
i
ng
currently in place and serv
utilities to serve the proposed development will be
sewer
designed and constructed in accordance with the specifications of
the respective jurisdictions owning such utilities, and will be
at the completion of
ti
i
ons
c
dedicated to the respective jurisd
(5) Recreational and social amenities will be
construction
,
constructed in the development to complement those currently
bined amenity complex will
offered at Gatling Pointe. The com
operate as Gatling Pointe Yacht Club and will be available to
residents of Gatling Pointe, (6) All buildings constructed on the
chitectural Review Board prior
A
r
property, must be approved by an
to construction. The restrictive covenants currently in place in
Gatling Pointe will be extended to cover the proposed
b
e
~ All site clearing and development shall
7
t
)
, (
developmen
subject to selective tree removal with an emphasis on tree
protection. The collector road system shall be landscaped and/or
atmosphere. All such
i
l
ng
eas
bermed to provide an aesthetically p
landscaping plans and land disturbing activities as well as tree
protection barriers shall meet the approval of the County, (8)
aooK 14 ;41j,:3~4
Trash will be collected by a, private contractor on a weekly,
house to house basis at the landowner's expense, (9) Restrictive
covenants and the subdivision plat will provide a minimum 50 foot
rear yard buffer area between any dwelling houses built and any
tidal wetlands around the perimeter of the property, (10)
Regarding homes built on homesites adjacent to any tidal
wetlands, any land disturbing activity that exceeds 2500 square
feet shall comply with the requirements of the Isle of Wight
County erosion and sediment control regulations and (11)
Regarding storm water management, best management practices as
defined by the State Water Control~Board will be incorporated on
a site specific basis. Mr. Delk asked the Board approve the
application.
Linda Augusta King, Rescue resident, appeared in opposition
stating she would like to see the proposed land area used to its
best and highest use. Ms. King said she did not feel that. a
subdivision is the bAst use of the land and asked the Board to
deny the application.
Hilda Musick, resident on Route 669 in Carrollton, appeared
in opposition and asked questions regarding the single family
development, as well as expressing concern regarding additional
traffic and the lack of a survey plat. Mrs. Musick also
presented a petition containing 620 signatures in opposition to
the subdivision. County Attorney Crook advised Mrs. Musick that
a plat of survey for the proposed development is not required
prior to rezoning.
Bertha Langhorne, adjacent landowner to Gatling Pointe,
expressed concern regarding the widening of the road and
questioned whether anyone could hook on to the water and sewer
lines, whether taxes would go up as a result of the rezoning and
if their wells would go dry as a result of the proposed
development.
Marjorie Johnson Beale, nearby property owner, stated she
was in favor of progress and expressed concern as to whether she
would be allowed to hook on to the water and sewer lines, and
stated she would like to see it in black and white writing.
Katherine Baldwin, resident on Route 671, sated she would
like to see the proposed ten acres area for the school remain as
agricultural unless it is to be used for a school site. Ms.
Baldwin expressed concern that the neighborhood residents would
not be allowed to use the Gatling Pointe facilities unless they
paid a fee to belong to the club.
Charles Green, resident on Route 671, questioned whether
Gatling Pointe had a well system, number of single family
dwellings, and whether this would result in a tax increase.
County Administrator Standish suggested that the Board may
want to table action on the proposed application to allow him and
County Attorney Crook to study the proffers.
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-O) to table action on the application of Olde Town
Real Estate, Inc. for a change in zoning classification from A-l,
Agricultural Limited, to Conditional R-3, Conditional Townhouse
Residence District, approximately 255 acres of land located on
the east side of Route 704, between Route 704 and the Jones
Creek, in Newport Magisterial District until the September 7,
1989 Board meeting to allow County Administrator Standish and
County Attorney Crook to review the proffers.
//
Norma Odom Leonard, representing the Riverview residents,
appeared and expressed concern regarding the dumspters located in
her neighborhood. Mrs. Leonard stated she knew the dumpsters
were a problem and asked the. Board to take the necessary steps to
have them removed as soon as possible.
//
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.:
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County Attorney Crook advised the Board members he had
received a request from the Sheriff's Department requesting 27
County Code books for use by his department and asked the Board's
direction. On motion of Supervisor Turner, the Board voted
unanimously (5-0) to provide the Sheriff's Department 10 copies
of the County Code book.
County Attorney Crook advised the Board that he had prepared
and had advertised for public hearing the following ordinances:
An Ordinance To Provide Exemptions from Taxation For Certain
Rehabilitated Residential Real Estate on August 17, 1989; An
Ordinance To Amend The Street Naming Ordinance on August 17,
1989; and An Ordinance For Motor Vehicle License Tax Increase On
September 7, 1989.
//
On motion of Supervisor Turner, the Board unanimously (5-0)
adopted the following resolution to accept and appropriate
$17,776 from the Commonwealth of Virginia, Department of Fire
Programs for the County's volunteer fire departments:
RESOLUTION TO ACCEPT AND APPROPRIATE SEVENTEEN THOUSAND
SEVEN HUNDRED SEVENTY SIX DOLLARS FROM THE COMMONWEALTH OF
VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S
`VOLUNTEER FIRE DEPARTMENTS
WHEREAS, the Board of Supervisors of the County of Isle
of Wight, Virginia has been awarded funds from the Virginia
Department of Fire Programs for the County's Volunteer Fire
Departments.
WHEREAS, the funds in the amount of seventeen thousand
seven hundred seventy six dollars ($17,776) to be received
from the Virginia Department of Fire Programs need to be
appropriated to the Volunteer Fire Departments line item in
the 1989-90 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight,
Virginia that seventeen thousand seven hundred seventy six
dollars ($17,776) to be received from the Virginia
Department of Fire Programs be appropriated to line item
11-3202E-5604A Carrollton Volunteer Fire Department
($3,555.20); line item 11-3202E-5604B Carrsville Volunteer
Fire Department $3,555.20); line item 11-3202E-5604F
Rushmere Volunteer Fire Department (53,555.20); line item
11-3202E-5604D Smithfield Volunteer Fire Department
($3,555.20); and line item 11-32-2E-5G04E Windsor Volunteer
Fire Department ($3,555.20) in the 1989-90 budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of
the County of Isle of Wight, Virginia is authorized to make
the appropriate accounting adjustments in the budget for
this grant and to do all things necessary to give this
resolution effect.
County Administrator Standish recognized Grace Keen for her
initiation of the beautification project on Route 17 and
requested the Board's approval to transfer sufficient funds from
the Contingency account and to execute an agreement with the
Virginia Department of Transportation relative to the Route 17
beautification project.
Supervisor Turner moved the Board authorize County
Administrator Standish to transfer sufficient funds from the
Contingency account and to execute an agreement with the Virginia
Department of Transportation for the Route 17 beautification
project. The vote in favor was unanimous (5-0).
Chairman Bradby moved the Board approve the proposed design
of the Rushmere Volunteer Fire Department building, including
proposed construction, and site improvement costs, and authorize
County Administrator Standish to execute the appropriate
contracts, receive State/Federal assistance as may be available,
aooK 14 ~~;:;:3~~~
and to return with such appropriations resolutions as may be
necessary. The motion passed with Supervisors Bradby, Bradshaw
and Edwards voting aye and Supervisors Ross and Turner voting
nay.
County Administrator Standish introduced William H. Riddick,
attorney representing the Real Smithfield Jaycees. Mr. Riddick
stated the Jaycees were interested in leasing and renovating the
old agricultural shop building for community events and asked the
Board for approval.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to direct County Administrator Standish to work with the
Real Smithfield Jaycees regarding a formal proposal relative to
the Jaycees' renovation and use of the old agricultural shop
building for community events.
Supervisor Turner moved the Board direct County
Administrator Standish to inform the Southeastern Virginia
Planning District Commission (SVPDC) that the County wishes to
continue the study and will provide funds to- cover the cost of
same relative to the USGS groundwater study. The motion carried
unanimously (5-0).
//
The Chairman called for consideration of the following
rezoning and conditional use permit applications which were
tabled at the July 6, 1989 Board meeting:
A. Rezoning:
The application of Colonial Trading Center for a change
in zoning classification from A-1, Agricultural
Limited, to Conditional M-1, Conditional Industrial
Limited, 9.7 acres of land located west of Route 17 and
south of Route 659, in Newport Magisterial District.
The purpose of the application is to allow a
wholesale/retail business including storage of
landscaping materials and equipment, an office trailer
and a business sign.
B. Conditional Use Permit
The application of Colonial Trading Center for a
conditional use permit to locate an office trailer on
four acres of land located west of Route 17 and south
of Route 659, in Newport Magisterial .District.
A. L. Jones, attorney representing the applicants, appeared
and stated that Supervisor Turner had met with the applicants to
try to work out an agreeable solution to the concerns of the
residents in the area. Mr. Jones further stated the General
District Court has continued the matter until after the Board's
consideration of the applications. Mr. Jones also stated Mr.
Hicks would have his day in court August 17th and the Judge has
agreed to continue his case also. Mr. Jones continued stating
the acreage has been reduced from four acres to~one acre and the
proffers have been amended to increase the height of the fence
from 8 feet to to 20 feet. Mr. Jones asked the Board to accept
the proffered conditions and approve the applications.
County Attorney Crook stated the application would have to
be:readvertised because of substantial change in the proffers.
Therefore, Mr. Jones asked the Board to table action on the
proposed applications.
Phyllis Bloxom appeared in opposition stating that the
project was an eyesore to traffic on Route 17 entering the
County.
Supervisor Turner stated he has concern as to whether it was
a proper location for the operation since there is a dust
situation. Supervisor Turner stated he feels the Board should
consider the application as to whether they will pass it, if not
there is no need to change the application indicating a height of
20 feet instead of 8 feet.
1
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aoo~ 14.~~~:3~~?
Supervisor Edwards stated he was not present when the
application was first considered, and did not feel he was ready
to vote on same.
Chairnr~an Bradby stated he had concern regarding the effect
of this project on the beautification of the area.
County Attorney Crook advised the Board members that they
would be out of order to vote on the proposed applications due to
the substantial changes made in the proffers and stated it would
have to be readvertised.
Supervisor Turner moved the Board table action, until
September 7, 1989, for readvertising the application of Colonial
Trading Center for a change in zoning classification from A-l,
Agricultural Limited, to Conditional M-1, Conditional Industrial
Limited, 9.7 acres of land located west of Route 17 and south of
Route 659, in Newport Magisterial District and the application of
Colonial Trading Center for a conditional use permit to locate an
office trailer on four acres of land located west of Route 17 and
south of Route 659, in Newport Magisterial District. The motion
carried with Supervisors Bradby, Bradshaw, Turner and Ross voting
aye and Supervisor Edwards abstaining.
//
Judy Begland, Economic Development Coordinator, informed the
Board members that Contel is planning to expand its eastern
district headquarters in Isle of Wight County and plans are
moving forward to locate and appropriate site for their
headquarters.
Judy Begland, Economic Development Coordinator, presented
the Board members with an update on the progress of the
Certification program.
//
Supervisor Turner moved the Board accept Andrew M. Casey's
resignation as a member of the Planning Commission. The vote in
favor was unanimous (5-0).
Supervisor Turner moved the Board appoint Robert P. Leber,
19 St. Catherine .Street, Carrollton, Virginia, to fill the
unexpired term of Andrew M. Casey as a member of the Planning
Commission. The motion passed by unanimous (5-0) vote of the
Board.
//
On recommendation of County Attorney Crook and on motion of
Supervisor Ross, the Board unanimously (5-0) approved the July 6,
1969 minutes of the Board of Supervisors.
ie
At 6:03 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously (5-O).
Myles Standish, Clerk
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Henry H. Bradby, Chairman
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