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
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The Chairman called the meeting to order at 2:00 P.M. The
invocation was given by Supervisor Turner.
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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. '
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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.
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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
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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
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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
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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).
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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.
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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.
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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
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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.
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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.
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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).
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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.
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At 5:35 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously.
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