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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