08-20-1987 Regular MeetingPage 370
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE TWENTIETH DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED
EIGHTY SEVEN
PRESENT: Henry H. Bradby, Chairman
C. Fred Bailey, Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook., Jr., County Attorney
Myles E. Standish, County Administrator
Terry D. Lewis, Planning Director
.Betty Scott, Secretary
Chairman Bradby called the meeting to order at 7:03 P.M.
Supervisor Turner delivered the invocation.
//
The Chairman called for a public hearing on the following
rezoning applications:
a. The application of Yeoman Farm Trust et al
for a change in zoning classification from
A-l, Agricultural Limited, to B-l, Business
General, approximately 8 acres of land
located on the west side of Route 10 By-
pass, between the Town limits of Smith-
field and Route 644, in Newport Magisterial
District. The purpose of the application is
for retail stores, office space and other
permitted uses.
Ann Simpson Jones, attorney representing the applicant,
appeared and stated W. G. "Billy" Yeoman serves as trustee. Mrs.
Jones continued stating the 8 acres to be rezoned is adjacent to
the shopping center being developed on Route 10 and 640 feet
fronts on Route 10 and is 600 feet deep.
Supervisor Bailey queried Mrs. Jones whether the application
had been referred to the Isle of Wight County Public Service
Authority for their input. Mrs. Jones replied, "No". Supervisor
Bailey asked Planning Director Lewis why the application had not
been referred to the Public Service Authority, to which Mr. Lewis
replied the application was in progress prior to the Board making
the policy that applications should be referred to the PSA. Mrs.
Jones stated, "At this stage there are no plans for water and
sewer as yet". Supervisor Bailey stated the Public Service
Authority needs to be on notice so that they can have consultants
ready and the application can be followed through more quickly.
Supervisor Turner, the Board's representative on the Public
Service Authority Committee, stated the Board°s policy presents a
problem because when the plans are in the beginning stage usually
there is not enough information for the Authority to give input.
Supervisor Turner continued stating the Authority does not have a
staff department to serve the County residents and it will be
necessary to have such a staff before they can fully help the
citizens. Supervisor Turner further stated. he does not feel it
is necessary for this application to go to the Authority since
here is not a detailed plan.
No one appeared. in opposition. The Planning Commission
voted unanimously to recommend approval.
Following discussion, Supervisor Ross moved the Board concur
with the Planning Commission's`recommendation and approve the
application of Yeoman Farm Trust et al for a change in zoning
classification from A-1, Agricultural Limited, to B-1, Business
General, approximately 8 acres of land located on the west side
of Route 10 Bypass, between the Town limits of Smithfield and
Route 644, in Newport Magisterial District. The motion passed
unanimously.
August 20, 1987
Page 371
b. The application of C. L. Goodrich, et al, for a
change in zoning classification from A-1,
Agricultural Limited, to Conditional Residential
General, 381 acres; from A-l, Agricultural
Limited, to Conditional R-3, Conditional
Townhouse Residence District, 192
acres;-from A-2, Agricultural General, to
Conditional R-2, Conditional Residential
General, 125 acres and from A-l, Agricultural
Limited,. to Conditional R-3, Conditional
Townhouse Residence District, 34 acres of land.
The aforesaid properties are located on the
east and west sides of Route 676, north of
Route 686, between Lawns Creek and the James
River. The purpose of the .application is for
single family dwellings and townhouse s
Ann Simpson Jones, attorney appeared to repre-sent the
applicants. Mrs. Jones stated Ralph Simmons, Rickmond Engineer
from Williamsburg; Richard Thomas, environmental engineer from
Annadale; and John Marilla, soil conservationst from Michigan
were present to answer technical questions.
Mrs. Jones stated the applicants were changing their
application as follows: withdrawing the request for R-3
Townhouse rezoning and thus reducing the total acreage of 486
residential to 506 acres consisting of 486 residential lots.
Also, proffered conditions of July I4, 1987, 3, 4, and 7 to be
deleted which are:
"3. There shall be no more than 677 units in the proposed
R-3 zone.
4. No more than one hundred sixty eight (168) acres of the
total rezoned property will be sites for residential units.
7. Within the rezoned R-3 property there shall be no more
than 150 out conveyances during the first year.; no more than a
cumulative total of 300 out conveyances during the second year;
no more than a cumulative total of 450 out conveyances during the
third year; and no more than cumulative total of 600 out
conveyances during the fourth year. The aforesaid four (4) year
period, with each year consisting of twelve (12) consecutive
months, shall-commence on .the recordation date of the subdivision
plat in the local Clerk's Office.
Mrs. Jones stated her clients are attempting to meet the
concerns of citizens and the Planning Commission following. the
Planning Commission meeting on July 14., 1987 and they would Like
the Board to return. the application to the Planning Commission
for their consideration since a number of changes had been made.
Chairman Bradby, Hardy District representative, asked Mrs.
Jones how long the application would keep going back and forth to
the Planning Commission and Board, to which Mrs. Jones replied
this is the preference of her clients and the purpose of so doing
is to try to respond to the comments of the Planning Commission.
Mrs. Jones continued saying her clients are going to ask that a
committee be formed from. the Planning Commission and Board to
work with her clients to bring an application before same that
will afford an opportunity to present an application that will be
acceptable to all concerned. Chairman Bradby stated he feels the
Board. should take action on the application as presented tonight.
Mrs. Jones stated-she can understand the frustration, however,
there is some additional information that has been supplied by
Virginia Marine Resources and she feels it would be only fair
-that they. (Board) have the opportunity to share the information.
County Attorney Crook asked Mrs. Jones what changes had been
made. Mrs. Jones replied we are trying to de`~elop a feasible
plan and may eliminate the townhouses and come back with single
family dwellings: and the acreage will be reduced from 732 to 506.
August 20, 1987
Page 37~
Madeline Foulkes, adjoining property owner, appeared and
stated she was frustrated. Mrs. Foulkes continued saying Mrs.
Jones and her clients have been working on this for many months
and we feel she should have notified adjoiners that they wanted
to postpone the application again. Mrs. Foulkes asked the Board
to hear the application.
Phyllis Bloxom, adjoining property owner, stated the
residents in the area have not changed their minds and are ready
to proceed tonight. We are. being jerked around Mrs. Bloxom
stated.
Gregory Davis, attorney from Williamsburg, spoke in
opposition saying he feels there are certain parcels of land
which are not fit for. development which might be case in this -
situation.
Stephen Carlisle, appeared. to represent his mother. He
expressed concern as to whether the property was fit for the
proposed development. Mr. Carlisle suggested the... application not
be referred back to the Planning Commission, but be considered. as
presented tonight. Mr. Carlisle also suggested consideration be
given a new open atmosphere between the County and developer to
determine if it is economically profitable to develop this
project.
Patricia Jackson, Executive Director of the Lower James
River Association, appeared and expressed concern relative to
runoff from paved surfaces and the golf course, untreated
discharges from boats which could create problems for shellfish
and the oyster grounds could be closed.
Billy Moore, President of the Watermen's Association of
Western Branch, stated thoy feel the developers need to do a
study relative to the sewage disposal. ..They also need to check
with the Virginia Institute of Marine Science to see what is
going to happen regarding pollution and runoff.
David Olsen, new.. resident of Rushmere Shores, stated he was
amazed at the revised application and expressed. concern regarding
traffic, population density and the effect on sehoo,ls. Mr. Olsen
stated he is not against development.
Toni Crombley, resident on Route 676, stated he was not
against growth in the County,. but was concerned about the
increase in traffic and more residents coming to the area.
County Attorney Crook stated the Board needed to determine
whether they wanted to consider the application or return it to
the Planning Commission for further study.
Mrs. Jones, attorney, stated she had asked the Board to
refer the application to the Planning Commission for further
study and would like for the Board to act. on her request.
Supervisor Turner asked County Attorney Crook what is the
time frame for refiling the application if it is voted on
tonight, to which Mr. Crook replied, the Board should not turn
the application down if°it anticipates consideration of another
application but rather should refer this application to the
Planning Commission.
Supervisor Ross stated he feels the Board deserves to be
presented the same information as the Planning Commission and
that the alternative will be to refer the application back to trie
Planning Commission.
//
At 8:24 P.M. Supervisor Turner moved the Board have a teh
minute recess, which .passed unanimously. The Board reconvened at
8:39 P.M.
//
August 20, 1987
Page 373
Chairman Bradby moved the C. L. Goodrich, et al, application
be considered tonight. The vote in favor was unanimous.
Attorney Jones stated she would .like to ask the Board for
some information .she. needs. Mrs. Jones stated she had been
informed that on Juiy 28, 1987 Planning Director Lewis, County
officials and VIMS representatives had visited the site in
question and she nor her clients were advised. She stated she
felt they should have been informed so that they could have
participated. Mrs. Jones stated they need a report on same.
Planning Director Lewis stated Mrs. Jones was incorrect,
that he had not been there.
Mrs. Jones said a member of the Wetlands Board gave her the
information and she asked if any members of the Wetlands Board
had been on the. property. Planning Director Lewis stated he did
not know of anyone going on the property.
Attorney Jones continued saying from the very beginning the
County has not cooperated, it has held back information.
Mr. Lewis stated he had no knowledge of anyone .being on the
property.
Mrs. Jones stated the property fronts on the James River and
Lawns Creek east of Route 10 and distributed, to the Board
members, a location map. Mrs.Jones continued saying the.
surrounding. property is residential and the .current uses of the
property is .limited to forestry.
Mrs. Jones introduced Ralph Simmons, engineer with Rickmond,
who presented the proposed development plan. Mr. Simmons stated
the road begins 1.6 miles from Route 10 with a 90 foot
right-of-way (two 24 foot .lanes), and the residence area will
have two entrances. There will be a golf course (80 acres
outside of the A-2 area and 80 acres in the R-3 area), a marina
with slips and an area for access to the beach, said Mr. Simmons.
Mr. Simmons continued stating full development is expected within
10 years with 2.6 residents. per unit for a total of 3,082
residents. Mr. Simmons stated the marina will be the only. area
that is considered wetland and would have to be by permits. He
stated they plan to .take the steps recommended: by VIMS to
preserve the oyster beds,etc. The water system will consist of a
series of wells on the site and any damage or effects caused by
their wells to adjoining residents will be mitigated stated Mr.
Simmons. Mr. Simmons continued stating the trash collection site
will be near .the front so it will be readily available to the
residents, as well as the trash 'collection vehicles.
Mrs. Jones introduced Richard Thomas, environmentalist, who
stated land treatment is the technology proposed for the project.
He stated the waste water is treated and sprinkled back on the
land.
John Marilla, soil conservationist, stated the land is
unsuitable for crops and forestry has been on the proposed site
since the 1930's.
Mrs. Jones read the following proffered condition from her
clients.:. if required by Isle of Wight County, the
owner/developer shall dedicate to the. County, for public uses as
determined by said County, including but not limited to a fire
station and/or public school, a minimum of 3 acres, more or less,
but no more than 16 acres, more of less of land, at a site,
reasonably situated for its intended purpose, mutually acceptable
to said County and owner/developer. Attorney Jones also-referred
to the following proffered conditions which were presented at the
Planning Commission meeting July 14, 1987: (~.) There shall be
reserved along the eastern boundary line of the applicant's
property that adjoins Rushmere Shores and that is improved as a
result of this rezoning,. a 100' wide natural area which shall'
serve as a buffer, (2) There shall be no more. than 4S6 units in
the proposed R-2 zone, (3) The proposed central sewerage
r~
August 20, 1987 Page 374
treatment system and .central water system shall be designed and
constructed in accordance with specifications satisfactor~~ to the
isle of Wight County Public Service Authority and in accordance
with all requirements of the Ground Water Management Area as
established by the State Water Control Board. Upon construction,
said systems shall be conveyed to the isle of Wight County Public
Service Authority for ownership, operation, and maintenance, if
accepted by said Authority, (4) Within the rezoned R-3 property,
there shall be no more than I00 out conveyances during the first
year; no more than a cumulative total of 200 out conveyances
during the second year; no more than a cumulative total of 300
out conveyances during the third year; and no more than a
cumulative total of 400 .out conveyances during the fourth year.
The aforesaid four year period, with each year consisting of
twelve consecutive months, shall commence on the recordation date
of the subdivision plat in the local Clerk's Office. (5) The
owner/developer shall offer to the land owners of Rusr~mere Shores
Subdivision membership privileges for use of the golf course and
marina facilities.
Mrs. Jones referred to the following information received
from the Virginia Institute of Marine Science: the sewage
treatment plant will be examined under the National Pollution
Discharge Elimination System (NPDES) permit program implemented
by the State Water Control Board. Isle of Wight County and its
citizens can participate in all of these regulatory processes.
Wetlands protection falls under the auspices of both the Isle of
Wight County Wetlands Board and the Corps of Engineers. VIMS is
also a technical advisor in this .process.
Phyllis Bloxom, adjoining property owner, distributed a map
of the evacuation area and stated this development is located on
Routes 686 and 676 which will cause problems if there is an
emergency situation at the Surry Nuclear Plant.. Nxrs. Bloxom also
expressed concern regarding bulkheads,. pollution problems,
disposal system backup, where the treated material will be
emptied and who will own the water and sewer plants.
Debbie Moore., Secretary for the Watermen's Association,
informed the Board she is working on a project for Senator Trible
relative to the sewage treatment facilities along the James
River. Mrs. Moore expressed concern regarding the disposition of
sewage, especially the possible closing of the waters for fishing
and oystering.
Mrs. Jones asked Chairman Bradby not to vote because he (Mr.
Bradby) had asked the Board to concur with the Planning
Commission's recommendation prior to the public hearing of the
Board. Chairman Bradby said he would not disqualify himself
unless County Attorney. Crook so advised. Mrs. Jones stated her
records indicated that Chairman Bradby twice had asked she Board
to vote against the application.
County Attorney Crook stated he had not heard Chairman
Bradby make the remark but he does not have to disqualify himself
if he wants to vote simply because he is inclined to vote against
the project.
Following discussion, Chairman Bradby moved the Board deny
the application of C. L. Goodrich, et al, for a change in zoning
classification from A-l, Agricultural Limited, to Conditional
Residential General, 381 acres; from A-1, Agricultural Limited,
to Conditional R-3, Conditional Townhouse Residence District, 192
acres; from A-2, Agricultural General, to Conditional Residential
General, 125 acres and from A-2, Agricultural General, to
Conditional R-3, Conditional Townhouse Residence District, 34
acres of land. The motion carried with Supervisors Bailey,
Bradshaw and Bailey voting aye and Supervisors Ross and Turner
nay.
//
At 10:35 P.M. Supervisor Turner moved the Board have a ten
minute recess, which passed unanimously. The Board reconvened at
10:55 P.M.
August 20, 1987 Page 375
//
Brandermill Associates and Cypress Run projects in the County and
he is present to so advise the Board.
Rodham T. Delk, Jr., attorney representing the Town of
Smithfield, informed the Board members the State statutes
requires the Town to advise the .Board of Supervisors that it
plans to extend water and sewer lines to the Tidewater
Supervisor Bailey stated the matter should be referred to
the Public Service Authority for their approval.
Following discussion, Supervisor Turner moved the matter be
referred to the Public Service Authority in order for them to add
their input relative to the proposed water and sewer line
extensions to the Tidewater Brandermill Associates and Cypress
Run projects. The vote in favor was unanimous.
//
Supervisor Bailey suggested the Board accept the delinquent
machinery and tools taxes from Gwaltney of Smithfield, in the
amount of $178,518.35, negotiated by him (Mr. Bailey),
Commissioner of Revenue Gerald H. Gwaltney .and Treasurer, Beryl
H. Perry, Jr. Supervisor Turner stated he did not feel the Board
should act on this matter tonight due to the fact it did not have
the advantage its legal counsel present given County. Attorney
Crook had a conflict of interest and the Board had retained A. L.
Jones to represent them in this matter. Following discussion,
Supervisor Bailey moved the Board approve the .acceptance of the
delinquent machinery and tool taxes, in the amount of
$178,518.35, from Gwaltney of Smithfield. The motion passed with
Supervisors Bailey, Bradshaw and Bradby voting aye and
Supervisors Ross and Turner abstaining.
//
On recommendation of County Administrator Standish and
motion of Supervisor Ross, the Board voted unanimously to approve
Gloucester County handling the public hearing on the proposed
Industrial Development bond financing by the Industrial
Development Authority for Riverside Hospital, Inc.
//
On recommendation of County Attorney Crook and motion of
Supervisor Turner, the Board voted unanimously to approve the
March 16, July 2, July 14, July 16, July 30 (as corrected) and
August 6, 1987 minutes. The vote in favor. was unanimous.
//
Supervisor Ross moved the Board approve the General Fund.
Bill Register as amended. The motion carried unanimously.
//
At 11:32, Supervisor Ross moved the meeting be continued
until 7:00 P.M. August 27, 1987. The motion passed by unanimous
vote of the Board.
T
Myles Standish, Cler
Henry H. Bradby, Chairma