12-15-1988 Regular Meeting~~ • r.:; Ir L4.~ I~
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FIFTEENTH DAY OF DECEMBER IN THE YEAR NINETEEN HUNDRED
EIGHTY EIGHT
PRESENT: Henry H. Bradby, Chairman
Steve W. Edwards
Thomas L. Ross
Richard L. Turner
Absent: Joel C. Bradshaw, Jr., Vice Chairman
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Charles W. Phelps, Sheriff
Betty Scott, Assistant Clerk
The Chairman called the meeting to order at 7:00 P.M. and
delivered the invocation.
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County Administrator Standish introduced Assistant County
Administrator/Community Development W. Douglas Caskey who
informed the Board members that land use maps had been and will
be distributed each month relative to the rezoning applications.
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Chairman Bradby called for a public hearing on the following
rezoning applications:
a. The application of Bailey Enterprises for a change in
zoning classification from A-1, Agricultural Limited, to
R-MH-A, Rural Mobile Home District, .75 acre of land
located on the north side of Route 620, between Routes
10, 32 and 685, in Newport Magisterial District. The
purpose of the application is for the permanent location
of one (1) mobile home.
Julius Powell appeared for the applicant. No one appeared
in opposition.
Supervisor Turner moved the Board approve the application of
Bailey Enterprises fora change in zoning classification; from
A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District,
.75 acre of land located on the north side of Route 620, between
Routes 10, 32 and 685, in Newport Magisterial District. The The
motion carried unanimously (4-O).
b. The application of Robert L. and Audrey R. Smith for a
change in zoning classification from A-1, Agricultural
Limited, to Conditional R-MH-A, Conditional Rural Mobile
Home District, 14.48 acres of land located on the south
side of Route 645, between Routes 460 and 644, in Hardy
Magisterial District. The purpose of the application is
for the permanent location of one mobile home.
Robert L. Smith appeared.
M. B. Hobbs, adjacent landowner, appeared in opposition.
On motion of Supervisor Ross, the Board voted unanimously
(4-0) to approve the application of Robert L. and Audrey R. Smith
fora change in zoning classification from A-1, Agricultural
Limited, to Conditional R-MIi-A, Conditional Rural Mobile Home
District, 14.48 acres of land located on the south side of Route
645, between Routes 460 and 644., in Hardy Magisterial District.
c. The application of Newport Investments, owner, and
Michael Orlando, prospective owner/lessee, for a change
in zoning classification from A-2, Agricultural General,
to CB-l, Conditional Business General, approximately
fifteen acres of land located off the west side of Route
17, between Routes 661 and 662, in Newport Magisterial
District. The purpose of the application is for a
recreational facility and accessory uses.
William H. Riddick, attorney representing the applicants,
stated the applicants would like to rezone approximately 15 acres
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to 8-1 for the purpose of locating a recreational facility. Mr.
Riddick stated there would be adequate parking area with a
minimal amount of traffic and sufficient buffering to curb the
noise. Mr. Riddick continued stating a recreational facility is
very necessary in this County and the prospective owner will need
to borrow funds to help finance the facility. The prospective
owner would like to operate a snack area, miniature golf course,
three pool tables, swimming pool, soccer course, tennis courts,
and possibly a small dance area, said Mr. Riddick. The
recreational area will bs directed to youth; however, elder
persons can participate if they wish, said Mr. Riddick.
Wood Marshall, Cannon Acres resident, spoke in opposition
expressing concerns relative to conducting musical festivals.
Mr. Marshall was in favor of tennis and golf courses, but feels
the proposed buffer will be inadequate.
Robert R. Ripple, Cannon Acres resident, spoke in opposition
expressing concern regarding musical festivals.
Michael Moughamian, Cannon Acres resident, spoke in
opposition of musical festivals being conducted. Mr. Moughamian
stated he does not feel that children should be subjected to the
proposed atmosphere, and he feels that police protection will be
inadequate.
Sherry Nest, Cannon Acres. resident, spoke in opposition,
expressing concern regarding noise, traffic, inadequate police
protection, crime, vandalism and outsiders attending the
facility.
Thomas Kirk, resident in Cannon Acres, appeared in
opposition expressing concerns relative to the musical festivals,
large numbers of people visiting the area, and crime. Mr. Kirk
stated he approves of the recreational and athletic areas and
feels it would be beneficial to the County.
Don Sheffield, resident in Cannon Acres, stated he has a
teen age daughter and does not want his children to grow u~ in
that environment. Mr. Sheffield stated he feels this facility
will devalue his property.
J. D. Aires, nearby landowner, stated he would like the
facility to be an athletic center, and he was opposed to musical
festivals. He also expressed concern relative to the loud
speakers being on poles.
Don Marois, resident in Laurie Court, stated he was not in
favor of a billiard parlor or music festivals. He stated he
would like the facility to be an athletic center and questioned
whether the buffer would be adequate to curb the noise.
Fisher Dashiell, Carrollton resident, expressed concern
whether there would be adequate septic tank and drain field and
stated he he concurred with the above opposition remarks.
Following discussion, Supervisor Turner moved the Board
table action until the January 19, 1989 Board meeting on the
application of Newport Investments, owner, and Michael Orlando,
prospective owner/lessee, fora change in zoning classification
from A-2, Agricultural General, to CB-1, Conditional Business
General, approximately fifteen acres of land located off the west
side of Route 17, between Routes 661 and 662, in Newport
Magisterial District to give him (Mr. Turner) time to meet with
the property owners to try to work a solution that all can live
with. The vote in favor was unanimous (4-0).
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At 8:02 P. M. Supervisor Turner moved to have a five minutes
recess in order for him to seta meeting date since so many
property owners were present. The vote in favor was unanimous
(4-0). The meeting reconvened at 8:22 P.M.
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d. The application of G. P. Larson for a change in zoning
classification from A-1, Agricultural Limited, .61 acre
and Conditional R-MH-A, Conditional Mobile Home
District. 2.5 acres to Conditional Rural Mobile Home
District, a total of 3.106 acres of land located on the
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east side of Route 646, between Routes 649 and 650, in
Hardy Magisterial District. The purpose of the
application is for no more than two mobile home lots.
William R. Barlow, attorney appeared to represent the
applicant. G. P. Larson was also present. No one appeared in
opposition.
Mr. Barlow stated the applicant would like to redesign two
lots at the intersection of Routes 649 and 646 to accommodate two
mobile homes on the two proposed lots.
Following discussion, Supervisor moved the Board approve the
application of G. P. Larson for a change in zoning classification
from A-1, Agricultural'Limited, .61 acre and Conditional R-MH-A,
Conditional Mobile Home District, 2.5 acres to Conditional Rural
Mobile Home District, a total of 3.106 acres of land located on
the exist side of Route 646, between Routs 649 and 650, in Hardy
Magisterial District. The motion passed unanimously (4-0).
e. The application. of Arthur L. Roberts for a change in
zoning classification from A-2, Agricultural General, to
Conditional M-1, Conditional Industrial Limited,
approximately three acres of land located on the
northeast side of Route 686, between Route 2001 and the
James River, in Hardy Magisterial District. The purpose
of the application is to allow automobile assembling,
painting, repairing, rebuilding, reconditioning, bc,dy
and fender work, truck repairing or overhauling.
Arthur L. Roberts appeared. No one appeared in opposition.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the application of Arthur L. Roberts for a
change in Zoning classification from A-2, Agricultural General,
to Conditional M-1, Conditional Industrial Limited, approximately
three acres of land located on the northeast side of Route 686,
between Route 2001 and the James River, in Hardy Magisterial
District.
f. The application of Charles M. and Elizabeth F. Braswell,
owners, and Jackson L. and Bertie B. Joyner, prospective
owners, for a change in zoning classification from A-1,
Agricultural Limited, to Conditional R-A, Conditional
Rural Residential, 2.353 acres of land located on the
south side of Route 606, between Routes 258 and 600, in
Windsor Magisterial District. The purpose of the
application is for one rural residential lot.
Jackson L. Joyner and David Joyner, his son, appeared. No
one appeared in opposition.
Supervisor Edwards moved the Board approve the application
of Charles M. and Elizabeth F. Braswell, owners, and Jackson L.
and Bertie B. Joyner, prospective owners, for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-A, Conditional Rural Residential, 2.353 acres of land located
on the south side of Route 606, between Routes 258 and 600, in
Windsor Magisterial District. The vote in favor was unanimous
(4-O) .
County Attorney Crook reminded the Board members that they
needed to take action on the application of G. P. Larson, which
had been tabled relative to the three lots rezoning at an earlier
meeting of the Board.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to deny the application of G. P. Larson regarding the three
lots rezoning.
g. The application of Jones Creek Landing Partnership for a
change in zoning classification from A-1, Agricultural
Limited, to R-A, Rural Residential, 5.409 acres of land
located off the west side of Route 665, between Routes
668 and 704, in Newport Magisterial District. The
purpose of the application is for three residential
lots.
William H. Riddick, attorney appeared to represent the
applicants. No one appeared in opposition.
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Supervisor Turner moved the Board approve the application of
Jones Creek Landing Partnership for a change in zoning
classification from A-1, Agricultural Limited, to R-A, Rural
Residential, 5.409 acres of land located off the west side of
Route 665, between Routes 668 and 704, in Newport Magisterial
District. The motion passed unanimously (4-0).
h. The application of Larry T. Darden and Connie W. Darden
for a change in zoning classification from A-l,
Agricultural Limi~ed, to bt-MH-A, Rural Mobile Home
District, 1.83 acres of land located on the north side
of Route 652, between Routes 258 and 692, in Newport
Magisterial District. The purpose of the application is
for the permanent location of one double wide mobile
home.
No one appeared in favor or opposition.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the application of Larry T. Darden and Connie W.
Darden for a change in zoning classification from A-1,
Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1.83
acres of land located on the north side of Route 652, between
Routes 258 and 692, in Newport Magisterial District.
//
Dr. V. J. Morlino, Superintendent of Isle of Wight County
Schools, presented the Board members a copy their first annual
report of Isle of Wight County Public Schools for 1987-88.
Supervisor Edwards commended Dr. .Morlino for work on the
needs assessment project. Supervisor Ross also expressed
appreciation and enjoyment for the school tours.
Archer L. Jones, II, attorney representing the King's Colony
Subdivision developers, presented the Board with an update of the
progress on the proposed project. Mr. Jones continued stating
that the developers were willing to pay up to $20,000 to employ a
consulting firm, selected by the County, to conduct a study of
the effects the proposed King's Colony subdivision might have on
the County.
Robert Kerenley, resident at 2 Riverpoint Trail, spoke in
opposition, and asked the Board to hold the public hearing at a
night meeting rather than an afternoon meeting.
Supervisor Edwards questioned Mr. Jones regarding his
statement guaranteeing no residents along Route 669 would be
displaced and the property would not be condemned. Mr. Jones
replied, 11That's right".
Supervisor Turner also stated he had received calls from
residents expressing concern relative to displacement and
condemnation of property, and stated the citizens concerns merit
ramification. Supervisor Turner concurred with the suggestion of
seeking consultants to conduct a study in order to help the Board
members make an intelligent decision. .
County Attorney Crook questioned Mr. Jones as to information
received from R. W. Coates, Resident Engineer, Virginia
Department of Transportation, regarding a traffic study. Mr.
Jones stated a traffic study would be conducted, but at the
present time Mr. Keusal, the developer, did not feel it was
necessary; however, a traffic study would be provided if the
Board so desired.
Chairman Bradby stated he had received concerns from
residents regarding the road structure and displacement of
residents. Chairman Bradby stated he would like to get all the
education he could relative to the impact on the County, not only
for this development but for future developments.
County Administrator Standish offered the following options
for the Board's consideration: (1) the Planning Commission
report will be heard at the January 5, 1989 Board meeting, (2) an
alternative would be to defer the report until the January 19,
1989 meeting and (3) asked for the Board's direction in order for
the County staff to prepare newspaper advertisement.
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Following discussion Supervisor Edwards moved the Board
schedule and advertise the public hearing for consideration of
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the Ring's Colony Subdivision rezoning for the January 19, 1989
meeting. The motion carried (3-1) with Supervisors Ross, Edwards
and Bradby voting aye and Supervisor Turner voting nay.
Attorney Jones stated his client, Mr. Keusal, would still
like to have the study conducted at his expense.
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Sheriff C. W. Phelps presented the following activity report
for the month of October, 1988: manhours 3,473; 52,481 mileage;
1,848 papers served; 286 response to calls; 20 misdemeanors with
10 arrests - 50$ clearance; 40 felonies with 14 arrests - 35$
clearance; 36 prisoner transports; 2 mental patient transports;
57 traffic summons issued - 11 were no County tags; and $1,939
fines collected.
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County Administrator Standish recommended the Board adopt
the resolution for the proposed 1989 Virginia Legislative General
Assembly package consisting of recommendations for legislation
funding of off-site improvements by developers, toll-free
telephone calling, composite index compensation, compensation,
fire programs fund and distribution of state lottery fund
proceeds to localities.
Supervisor Turner moved the Board adopt the resolution
establishing Isle of Wight County's legislative proposals to be
presented to the County's delegation to the 1989 Session of the
General Assembly as presented by County Administrator Standish.
The vote in favor was unanimous (4-0).
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE
PROPOSALS TO BE PRESENTED TO THE COUNTY'S DELEGATION TO THE
1989 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous
issues that affect local governments both directly and
indirectly; and
WHEREAS, the County of Isle of Wight has specific
interest in matters dealing generally. with local
governments, as well as with matters directly impacting Isle
of Wight; and
WHEREAS, said interest should be shared with Isle
of Wight County's General Assembly.Delegation so that it may
know of Isle of Wight County's position on these important
issues.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight endorses the
attached legislative proposals for the 1989 General Assembly
Session and directs that both this resolution and the
legislative proposals be forwarded to Isle of Wight County's
General Assembly Delegation, and that the County
Administrator and his staff work with and assist the
Delegation as appropriate.
On motion of Supervisor Ross, the Board voted unanimously
(3-0) to adopt the Virginia Department of Transportation's
resolution to approve streets to be taken into the State system
in Poplar Harbor Subdivision. Supervisor Edwards was absent when
the vote was taken.
RESOLUTION
VIRGINIA:
WHEREAS, the Resident Engineer of the Virginia
Department of Transportation has this day advised this Board
that streets in Poplar Harbor, Newport Magisterial District,
Isle of Wight County, Virginia, have been built in
accordance with Secondary Road Policies, and the Isle of
Wight County Subdivision Ordinance Relating to acceptance of
streets into the State's Secondary Road System.
THEREFORE, BE IT RESOLVED, that the Commissioner of the
Virginia Department of Transportation is requested to
include into the Virginia Secondary Road System for
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maintenance the following described streets in Poplar Harbor
Subdivision.
1, TITUS CREEK LANE: Beginning at a point on State
Route 669, 0.42 miles southeast of its intersection
with State Route 668; thence, running in a
northeasterly direction, 0.31 miles to a
cul-de-sac.
Length: 0.31 Miles
Right of Way: 50 feet
Total Length: 0.31 Miles
2. DRIVERS LANE: Beginning at a point on Titus Creek
Lane, 0.28 miles northeast of its intersection of
State Route 669; thence, running in a northwesterly
direction 0.07 miles to a cul-de-sac.
Length: 0.07 Miles
Right of Way: 50 feet
Total Length: 0.07 Miles
Unrestricted rights of way fifty (50) feet in width and
additional right of way for the cul-de-sacs, along with the
necessary drainage easements have been provided and are on
record in the Office of the Clerk of the Circuit Court at
Isle of Wight Count in Plat Book 12, Pages 28, 29, dated
June 14, 1984, and 1s guaranteed.
Supervisor Turner moved the Board adopt the Virginia
Department of Transportation's resolution relative to the
alteration of Route 704. The vote in favor was unanimous (3-0).
Supervisor Edwards was absent when the vote was taken.
RESOLUTION
WHEREAS, Secondary Route 704, has been altered, and a
new road has been constructed and approved by the State
Highway Commissioner, which new road services the same
citizens as the road so altered; and
NOW, THEREFORE, BE IT RESOLVED: that the Board
recommends that section of right of way, southeast side of
intersection Routes 704 and 669, marked in blue, Plan Sheet
2 of 4 for Route 70:4, State Highway Project 0704-046-202,
M501, be, and the same hereby is abandoned as a public right
of way, in accordance with Section 33.1-155 of the Code of
Virginia of 1950, as amended.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to adopt the Virginia Department of Transportation's
resolution to construct a right turn lane and install a traffic
signal at the intersection of Routes 10 and 644, with funding for
the right turn lane on Route 644 to come from the Revenue Sharing
funds, in the amount of $22,500, to be matched b}~ the
Transportation Board, and funding for the traffj~c signallzation
to come from VDOT's District Traffic Signal fund.
RESOLUTION
WHEREAS, Section 33.1-75.1 of the Code of Virginia
provides that when a County designates a sum, not exceeding
15 percent of the County's Revenue Sharing Funds, for use by
the Transportation Board ,for the construction, maintenance,
or improvement of primary and secondary roads in such
County, that the Transportation Board shall match such
Revenue Sharing Funds as first priority allocation;
NOW., THEREFORE,. BE IT RESOLVED, that the Isle of Wight
County Board of Supervisors hereby designates $22,500 (to be
matched by the Transportation Board) of its Revenue Sharing
Funds, or General Funds, for use in the construction,
maintenance, or improvement of primary or secondary roads in
the County of Isle of Wight County, Virginia, to wit, State
Route 10 (Project 0010-046-109, N501). This construction is
to build a right turn lane at intersection of Route 644.
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The $45,000.00 is to be taken from Budget Item 5603 and
put to Project 0010-046-109, N501.
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Qn motion of Supervisor Ross, the Board voted unanimously
(4-0) to direct County Attorney Grook to research the possibility
of c~un permits being issued in the County and prepare an
ordinance for the Board's consideration.
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On motion of Supervisor Ross,. the Board voted unanimously
(4-0) to approve the Board of Supervisors minutes of November 17,
1988.
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Supervisor Ross moved the Board go into executive session
for the purpose of discussing with legal counsel and staff
members acquisition and use of public ,property, personnel and
potential annexation .litigation matters. The motion carried
unanimously (4-0).
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Upon returning to open session, Supervisor Turner moved the
Board employ C. Richard Cranwell and his firm to represent the
County in potential annexation litigation and related matters.
The vote in favor was unanimous (4-0).'
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At 10:36 P.M. Supervisor Ross moved the meeting be
adjourned, which passed unanimously (4-0).
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Myles E Standish, Clerk
enry H. radby, Chairman
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