02-21-2002 Regular Meeting~J
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY FIRST DAY `OF FEBRUARY IN
THE YEAR TWO THOUSAND AND TWO
PRESENT: Robert. C. Claud, Sr., Chairman
Richard K. MacManus, Vice Chairman
Stan D. Clark
Phil-lip A. Bradshaw
.Henry H. Bradby
Also Attending: Dale Phelps, Assistant County Attorney '
W. Douglas Caskey, County Administrator
Donald T. Robertson, .Assistant
County AdministratorlDirector of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 6:00. p.m. and delivered
the invocation.
The Pledge of Allegiance was conducted.
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Chairman Claud called for Special Presentations.
Chairman Claud recognized G. W. White, Jr. and presented him with a
Resolution to Recognize G. W. "Buddy" White, Jr. for His Years of Service `
as the Board of Supervisors' Tie Breaker.
Supervisor Clark moved the Board .adopt the following resolution:
RESOLUTION TO RECOGNIZE
G: W. "Buddy" WHITE -FOR HIS YEARS OF .SERVICE
AS THE BOARD OF SUPERVISORS' TIE BREAKER
WHEREAS, Mr. G. -W. `Buddy" White is a citizen of the County. of
Isle of Wight, Virginia; and, -
WHEREAS, Mr. White has served the County of Isle of Wight,
Virginia in the capacity of tie breaker for the Board of Supervisors since
January, 1992; and,
WHEREAS, the Board of Supervisors appreciates Mr. White's
contributions to the quality of life of the citizens of Isle of Wight County;
.and,.
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WHEREAS, the Board of Supervisors desires to recognize+Mr. White
for ten (10) years of service as the designated tie. breaker for the Board of
Supervisors.
NOW, THERFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and
appreciates Mr. G. W. "Buddy" White for ten (10) years of service as the
designated tie breaker for the Board of Supervisors.
The resolution was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no
. Supervisors voting against the motion.
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Chairman Claud indicated the _following Consent Agenda included
Items 2, A through C, and asked if there were any items for removal
A. Town of Windsor Request for Installation of "Children at Play"
Signs
B. Delinquent Real Estate Tax Collection Monthly Report.
C. January l7, 2002 Regular Meeting Minutes
Supervisor Bradshaw moved the Board approve all items and adopt
the Consent Agenda. The. Consent Agenda was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Claud called for Transportation Matters.
Jay. Randolph, Planner, advised that the next quarterly meeting with
VDOT is scheduled for March 4, 2002 at 1:30 p.m. He requested .Board.
members to advise him of their individual concerns.
Mr. Randolph presented a copy of the .Secondary Construction
Allocations, illustrative 2002 Comparison to Previous Six Year Program -
2001 showing the proposed reduction in the secondary allocations for Isle of
Wight County .for the Board's information. He noted, as additional.
..:information becomes available, he will advise the Board.
Mr. Randolph referred to the status report contained in the agenda on
current road and highway projects.
Supervisor MacManus requested that King's ,Cove Way be included as
a status update regarding VDOT's determination on this issue.
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Supervisor Bradshaw stated the .Route 58 Business speed limit: signs
have been posted..
Supervisor Bradshaw inquired if Pruden Road has been advertised:
Mr. Randolph stated Pruden Road has not yet been .advertised and is
addressed under the reduction in secondary allocations by VDOT. He would
consult -with the VDOT Resident Engineer as funds. for this project have
already. been allocated to be spent and .report back to the Board on his
findings.
Supervisor. Bradby requested the status of the shoulder on Route 10 at
Wells-KingRoad. Mr. Randolph stated the shoulder was repaired by VDOT
on February 12, 2002;
Chairman Claud requested. clarification on the work to be done on
Blue Ridge Trail which is shown to be undertaken in 2003, but should be
undertaken in 2002.
Mr. Randolph stated he would consult with the VDOT Resident
Engineer and report back to the Board.
Chairman Claud requested that a meeting with citizens be scheduled
on Muddy Cross Road and that he be notified of the meeting date so that he
can attend.
Chairman Claud requested the status of South Johnson Road..
Mr. Randolph stated he would consult with the VDOT Resident
Engineer and report back to the Board on the construction start date.
Supervisor Bradshaw requested that staff notify VDOT that the Board
desires Duck Town Road and Whispering Pines Trail to be pave in place.
Supervisor Bradshaw inquired the status of Dukes Lane.
Mr. Randolph stated staff is awaiting a response from Verizon.
Supervisor Clark requested that Carrollton. be iricluded on #6, Lights at
Emergency Facilities {Primary Road Projects) in addition to Windsor and
Rushmere.
Richard Cassell of Kings Cove Way requested the drainage be
addressed that is flowing from the pipe located under Route 17 between the
RacTrack and South of the James.
Supervisor Clark moved the Board direct the County Administrator to
have the appropriate staff person contact the three (3) Cassell homeowners.
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• and any others that may be affected by stormwater flooding in~ this -area to
determine. if there is a pending problem with the pipe when excessive water-
and flooding conditions exist and what can be done to correct any such.
problems. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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chairman Claud called for Citizens Comments.
Grace Keen ofCarrollton expressed concern with the Founders Pointe
entrance and exit on Sugar. Hill Road and the sharp curve that. is located in
its close proximity. She stated certain citizens have relayed their .desire to
her for the developer to change the entrance- closer to Newbill Lane.
Pat Clark of Twin Hill Lane reported that Mr. Little has advised that.
the approval process has been secured to return the David Blaney baby at
the older section of Saint Lukes and that he is working with the Historical
Society to have a memorial service. Mr. Clark conveyed to the Board, on
behalf of Tom Finderson, that in his opinion, the VDOT Resident Engineer
..shared the citizens' views that the curve addressed previously by Mrs. Keen
is an unsafe curve and that the right-of--way is insufficient to satisfy some of
the particular needs.
Richard Cassell of Kings Cove Way requested -that-.the turn lanes be
addressed leading into King's Cove. Lane from Route 17.
Sharon Hart of Carrollton requested that the developer of Founders'
Pointe be required to move the entrance to where Toler Construction
Company. is located. She noted there have already been numerous accidents
at this roadway which will be even more dangerous when motorists begin
meeting heavy construction equipment.
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Chairman Claud called for the County Administrator's report.
County Administrator Caskey referred to a Resolution to Recognize
James C. Cleveland for his Years of Service with the Virginia Department of
Transportation contained in the agenda for the Board's consideration. He
.advised that a reception would be -held in Mr. Cleveland's honor on
February 25, 2002.
.Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
JAMES. C. CLEVELAND
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FOR HIS YEARS OF SERVICEWITH THE
VIRGINIA DEPARTMENT OF TRANSPORTATION
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WHEREAS, Mr. James C. Cleveland has been... employed with the
Virginia Department of Transportation for 41 years, 4 months; and,
WHEREAS, Mr. Cleveland served as Suffolk District.Construction
Engineer from 1982 until 1995; and,
WHEREAS, subsequently Mr. Cleveland ..served as the Hampton
Roads (formerly Suffolk) District Administrator from 1995 until 2002; and,
WHEREAS, the quality of life of the citizens of Isle of Wight County
has been significantly improved by the transportation enhancement
implemented under Mr. Cleveland's leadership; and,
WHEREAS, Mr. Cleveland has recently tendered. his resignation.
NOW, THERFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle. of Wight recognizes and
congratulates Mr. James C. Cleveland upon his retirement .from public
service with VDOT after 41 years, 4 months.
The resolution was adopted with Supervisors MacManus, Bradby,
....Bradshaw, Clark and Claud. voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Casket' referred to a Resolution Authorizing the
Hampton Roads Partnership to Carry Out the Provisions of the Regional
Competitiveness Program (RCP) and Approving the Fund Distribution
Methodology Proposed by the Partnership contained in the Board's agenda
for its consideration.
Supervisor Bradby moved the Board adopt the following resolution:
PARTNERSHIP TO CARRY OUT THE. PROVISIONS OF THE
REGIONAL COMPETITIVENESS PROGRAM (RCP) AND
APPROVING THE FUND DISTRIBUTION METHODOLOGY.
PROPOSED BY THE PARTNERSHIP
WHEREAS, in .1996,. the Virginia General Assembly adopted the
Regional Competitiveness -Act (The "Act"), Chapter. 26.3 of Title 15.1
(§ 15.1-1227.1 through § 15.1-1227.5) of the Code of Virginia, 1950, as
amended, to encourage counties, cities, and towns to work together for their
mutual benefit, and that of the Commonwealth of Virginia; and,
WHEREAS, to encourage. regional: strategic planning and cooperation,
The Act establishes an incentive fund administered by the Virginia
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Department of Housing and. Community Development (VDHCD) to be used
to encourage and reward regional strategic economic development planning
and joint activities; and,
WHEREAS, The Act provides a monetary incentive, which totals Ten
...Million, Two-Hundred Sixty-Seven Thousand, Two Hundred Dollars
($10,267,200) in 2002, for .distribution among the State's regions for.
communities to undertake new levels of regional activity to address
obstacles to economic competitiveness, by granting funds for five (5) years
in accord with VDHCD standards adopted pursuant to the .RCP; and,
WHEREAS, incentive funds will be disbursed to eligible regions in an
amount equal to the percentage of the funds appropriated in incentive
payments for a fiscal year that represents the region's percentage of the total
...population of all eligible regions with a minimum of $300,000 (FY2002);
..and,
. WHEREAS, the. Hampton Roads Partnership (the "Partnership") is a
Virginia non-profit, :non-stock corporation comprised of leading
representatives from .the public, business, education, and military
communities whose mission is to enhance regional cooperation and `improve
,.economic competitiveness in the Hampton Roads Region (the "Region")
which Region includes the Cities of Chesapeake, Franklin, Hampton,
..Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach,
and Williamsburg, and the. Counties of Gloucester, isle of Wight,. James
City, Southampton, Surry and York; and,
WHEREAS, the Partnership revised its strategic. plan in 1.999, and
further modified that plan in 2001 and as such has a clear strategic road map
..for improving the economic competitiveness of the Hampton Roads Region;
and,
WHEREAS,. a copy of the Modified Strategic Plan is attached hereto
as Exhibit A to be read as a part hereof; and,
WHEREAS, the Partnership, in close cooperation with the Hampton
..Roads .Planning District Commission, will take responsibility for submitting
the Region's re-qualification application for incentive funding under the
RCP and for seeing that the Plan's joint activities are enacted; and,
WHEREAS,, in recognition of the Partnership's .role in implementing
the Plan's joint activities, the distribution of all RCP funds received by the
Region sine the inception of the program have gone directly to the
Partnership ("distribution methodology"); and,
WHEREAS, prior to completing the application process, the RCP
guidelines require that each municipality designate by .resolution, approval
of the Region's RCP incentive funds.distribution methodology; and,
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WHEREAS, the Board of Supervisors. of Isle of Wight County,
Virginia has reviewed the RCP and supports the Partnership's efforts to
carryout the provisions of the RCP and apply for monetary incentives on its
behalf.
NOW, THERFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight that on behalf of the County of Isle of Wight, ,
.:Virginia:
1. It recognizes the Hampton Roads Region as a region contemplated
by the Act,. and declares itself to be a member of, and a participant
in, the Hampton Roads Region;
2. Supports the Partnership's efforts to carry out the provisions of the
RCP and apply for monetary incentives on its. behalf; and,
3. Approves. the RCP fund distribution methodology, and authorizes
the Partnership to receive, on its behalf, all. incentive funding for
the five (5) year qualification period beginning in the, 2003 fiscal
year.
The resolution was adopted ~ with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud: voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Caskey. distributed a copy of the VACo
Newsletter and noted there are several bad land use bills pending and there
will be ameeting-important to local governments on February 26, 2002.
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Chairman Claud called for the County Attorney's report.
.Assistant County Attorney Phelps stated that the last correspondence
with the Habitat for Humanity representative reflects that there should be a
new survey and the question is whether or not Habitat for Humanity is
willing to pay for such survey.
County .Administrator Caskey stated Habitat for.. Humanity had a
percolation test performed, .however, the County Attorney may be advising
that a completeboundary survey of the. entire property be performed.
Jonathan W. Hartley, Director of Planning and Zoning, reported that
staff did hire a surveyor to stake the boundary line so that Jane March with
Habitat for Humanity could have::. the property's percolation tested.. He
stated the County Attorney is now inquiring if Mrs. March is willing to .pay
to have the entire property surveyed for purposes of conveyance.
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Chairman Claud inquired if .there might some part of the sixteen (16)
acres parcel that could generate revenue for the County while still meeting
the needs of Habitat for Humanity.
Supervisor MacManus moved the Baard direct staff" and the .County
Attorney to work with representatives. of Habitat for Humanity to determine
what kind of acreage needs they have and whether the .percolation test will
support their needs for the property and to deal with the current
encroachment by the adjoining property owner and advise the Board on their
recommendation. The resolution was adopted with ~ Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Chairman Claud called for Old Business.
Founders' Pointe Master Plan and Development and Design Standards
(Tabled February 7,.2002)
Mr. Hartley stated contained in the Board's"agenda is a status report of
a number of outstanding issues from the Board's discussion in October,
2001 that. have been addressed.. He stated there were three (3) issues
remaining on the development and design guidelines from discussions at the
Board's February 7, 2002 meeting. He stated the County Attorney, Mr.
Lawson, Mr. Vincent and he met last week to discuss the final revisions
which were forwarded to the Board. He stated that while he is not sure if
-the County Attorney has reviewed the revisions, they do reflect the changes
discussed at that meeting and which the County Attorney did not have a
problem with at that time. He stated staff raised concern with the changes in
the language to the bonding of the light and recommends that a :bond be
provided no later than reco~ dation of the final phase of the development. He
stated staff further. had a concern with the language .concerning the
Conditional Use Permit and recommends that all language in reference to
the Conditional Use Permit which would be required for recreational
facilities be deleted:.. He stated previously, maintenance was to be the
responsibility, of the homeowners association and Mr. Lawson is requesting
that it be changed to "maintenance shall not be the responsibility of the
County."
Supervisor MacManus noted that "Association" should also be
deleted.
Mr. Hartley clarified that since the January 29th letter about the traffic
impact study,. there have been no changes in the design of the project. He
stated there is no .reason for VDOT to provide additional. information as ~
what has been debated .over the last year has been the phasing of those '~
improvements. He further clarified that this is a master plan which is the
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basic .guide for thedeveloper to then proceed and prepare detailed
construction plans. which have to be reviewed by the County and VDOT
before they are approved.
Noting that Mr. Vincent was not yet .present, Supervisor Bradshaw
moved the Board table consideration of the matter until- after the Board
.conducts its public hearings. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion.. (5-0) and no Supervisors voting against the motion.
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Chairman Claud called for New Business.
There was no new business offered for discussion by the Board.
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Chairman Claud called for Appointments.
Supervisor MacManus moved the Board appoint Peter M. Stephenson-
to the Beautification Committee representing the Smithfield District. The .
motion was adopted unanimously (5-0).
Chairman Claud moved the Board appoint Sue Crocker to the
Beautification Committee representing. the Windsor District. The motion
was adopted unanimously (5-0).
Supervisor Clark moved the Board appoint Nancy Guill to .the
Beautification Committee representing the Newport District. The motion
was adopted unanimously (5-0):
Supervisor Bradshaw.moved the Board approve the recommendations
for the Fair Committee. The. motion was adopted unanimously (5-0).
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Supervisor Bradshaw moved the .Board take a fifteen minute recess:
prior to conducting the public hearings. The motion was. adopted
unanimously (5-0).
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At 7:00 p.m., Chairman Claud called for Public Hearings.
Chairman Claud called fora public hearing on the following:..
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The application of Marion, L. Elliott. to amend Conditional Light
Industrial zoning. to include Conditional General Commercial and to
rezone _ approximately .5 acre to Conditional Light Industrial and
.Conditional General Commercial. Said land is located omthe east side.
of Turner Drive (Route 644) north of Muddy Cross Drive (Route 620)
in Newport Magisterial District (adjacent to 15377 Turner Drive,
Smithfield). The purpose of the application is for vehicle repair and to
be able to retain an automobile dealer's license, as conditioned.
Chairman .Claud called for persons to speak in favor of or in
opposition to the proposed application.
..Marion L. Elliott stated he has been operating the body shop for three
(3) years. at this .location. He stated the purpose of the application is to
increase the profitability so thathe can buy.the cars he works on at auctions:
He stated he is at a disadvantage. because he can not resell at auctions.
No one appeared in opposition. County Administrator Caskey
distributed a copy of a letter from Clyde Miller to the Board withdrawing his
prior opposition to this application.
Chairman Claud closed the public hearing .and called for comments
from. the Board.
Chairman Claud moved the Board approve the application of Marion
L. Elliott, as .conditioned. The motion: was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor. of the
motion (5-0) and no Supervisors voting against the motion.
Chairman Claud called for a public hearing on the following:
The application of Michael D. and William T. Luter for a change in
zoning classification from RAC to Conditional Rural Residential,
approximately four (4) .acres of land located on the north west side of
Buckhorn Drive (Route6T0) in Windsor Magisterial District (adjacent
to 27466 Buckhorn Drive, Windsor). The purpose of the application
is to create two (2) single family residential lots, as conditioned.
Chairman Claud .called for persons to speak in favor of or in
opposition to the proposed application.
Michael D. Luter, speaking on behalf of himself and his brother,
William T: Luter, requested the Board's approval of his request for rezoning
of the two (2) lots, each .containing- two (2) acres: He stated a $2,000 .cash
proffer is also offered per lot.
No one spoke in opposition.
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Chairman Claud?~closed the public hearing and called for comments
from the Board.
Supervisor Clark noted that a $2,000 cash proffer per lot is not
sufficient in his opinion.
Supervisor Bradshaw moved the Board approve, the application of
Michael D. -and William T. Lutes, as conditioned. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor
of the motion (4-1) and Supervisor Clark voting against the motion.
Chairman Claud called. for a public hearing on thefollowng:
The applications of Charles R. Whitley and Leland E. Beale, Jr.
owners and Barbara C, Long, prospective .owner, for a change in
zoning classification from RAC to Conditional Rural Residential, a
total of approximately 3.5 acres of land located on the north side of
Joyner's Bride Road (Route 61.1) and south side of Lawrence Drive
(Route 630) in Windsor Magisterial District. The. purpose of the
application is for asingle-family residential lot, as conditioned.
Chairman Claud called for persons to speak in favor or in opposition
to the application.
Gene Capps of Carrsville requested the Board approve the application.
He stated his sister is desirous of building a single family residence at this
location. He stated a proffer is offered of $2,000 with no further subdivision
of the property.
No one spoke in opposition.
Chairman Claud closed the public hearing and called for comments
from the Board.
Supervisor Clark noted than a $2,000 cash. proffer is not sufficient in
his opinion.
Supervisor Bradshaw moved the Board approve the applications. of
Charles R. Whitley and Leland E. Beale, Jr., as conditioned..: The. motion
was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud
voting in favor of the motion (4-1) .and .Supervisor Clark voting against" the
motion.
Chairman Claud called. for a public hearing. on the following:
An Ordinance to Add Chapter 18, Zoning, Section 18.1 Planning and
Zoning Applications,. Permits and Administrative Fees.
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Chairman .Claud called. for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared in opposition.
Chairman Claud closed .the public hearing and called for comments
...from the Board.
Chairman Claud and .Supervisor MacManus 'recommended that the
Chesapeake Bay Waiver Fee be set at $750 and that the Surety
Administration Fee for new fees be set at $250 and $500 for renewals.
Supervisor MacManus moved the Board adopt the following
Ordinance with an amendment to set the Chesapeake Bay Waiver Fee at
$750 and. the Surety Administration Fee to be set at $250 for .new and $500
for renewals, to be implemented immediately:
AN ORDINANCE TO ADD TO THE ISLE OF WIGHT.
COUNTY CHAPTER 18, ZONING, SECTION
18-1. PLANNING AND ZONING APPLICATIONS,
PERMITS AND ADMINISTRATIVE FEES
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WHEREAS, Section 15.2-2241 of the Code of Virginia, 1950, as amended,
provides for the local administration and enforcement of Subdivision Ordinances,
the imposition. of reasonable fees and charges for the review of plats and plans,
and for the inspection of facilities in an amount commensurate with the services
rendered taking into consideration time, .skill, and administrator's'' expense
involved; and
WHEREAS, Section 15.2-22.86 of the Code of Virginia, 1950, as amended,
provides for the local enforcement of Zoning Ordinances and the collection of fees
to cover the costs of making inspections, issuing permits, advertising of notices
and other expenses incident to the administration. of the Zoning Ordinance or to
the filing or processing ofany appeal or amendment thereto; and
WHEREAS, Section 28.2-1302 of the Code of Virginia, 1950; as amended,
provides .fora non-refundable processing fee, to accompany each permit
application as set by the applicable .governing body with .due regard for the
services to be rendered including the time, skill. and administrator's expense
involved for Wetlands applications.
IN CONSIDERATION WHEREOF, having conducted studies both by
consultants and by staff, the .Board of Supervisors of Isle of Wight County,
Virginia, determines the following administrative fees to be reasonable and not to
exceed an amount commensurate with the. services rendered taking into
consideration time, skill and administrator's expense involved as well as the costs.
for advertising of notices and other expenses incident to the. administration of the
Planning and Zoning Ordinances including Subdivision Ordinance, Zoning
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Ordinance, Wetlands Ordinance, Chesapeake Bay Preservation Ordinance and
Soil and Erosion Conservation Ordinance:
Fee Rate/Fee
Zoning Permit $ 25 .
Rezoning -Agricultural & Residential (l lot) $ 570
Rezoning -Residential 2 or more lots. $ 570 + $50 plot
Rezoning -Commercial Industrial Planned. $1,000+ $45 p/acre
Development
Conditional Use Permit w/o advertising $ 440
Conditional Use Permit w/advertising $1,350
Special Use Permit $ 580 + $20 p/acre.
Chesapeake Bay Waiver $ 750
.Commission & Board Exceptions, Appeals & $ 500
Misc. Approvals.-
Subdivision Plats -Residential 1-9 lots $140 + $25 plot
Subdivision Plats -Res. 10 or more $600 + $25 p/lot
Subdivision/PD - Constr./Dev. Plans - $ 750
Subdivision Plats -Boundary Adjust. $ 150
Site Plan = Conceptual/Prelim. $ 300
Site Plan -Simplified $ .300.
Site Plan - Com., Ind., Res. $550 + $35 p/acre
Board of Zoning Appeals -Variance $ 175
Board of Zoning Appeals -Admin. Appeals $ 175
Wetlands Permit $ 250
Land Disturbing Permit $25 p/acre min. $100
Surety Administration (New and Renewal) $250/new $500/renewal
Borrow Pit Fee (New and Renewal) $100 p/acre
Street Sign Fee $ 100
.Continuance Fee (Applicant's Request): $ .150
The Ordinance was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no
Supervisors voting .against the motion.
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Supervisor Bradshaw moved the Board return to Old Business.. The
motion was adopted unanimously (5-0).
Chairman Claud advised Mr. Vincent and Mr. Gray that the Board
discussed the Founders' Pointe Master Plan and Development and Design
Standards (Tabled .February 7, 2002) earlier 'in the meeting tonight, but
postponed their vote until their arrival.
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Supervisor Clark asked Mr. Neblett if when he visited the site there
were any apparent problems to him with regard to having an access point at
the curve on Sugar Hill Road.
MacFarland Neblett, VDOT Resident Engineer, stated there `could be a
need for sight distance easements in .both directions. He stated providing
the necessary assurance of adequate sight distance will make the curve safer.
Supervisor Clark inquired if VDOT would require the sight. line
..easements before. improvements .are made to the road.
Mr. Neblett stated the. sight line easements would be required before
the road will be taken into the highway system.- He stated. VDOT has not
received the set of construction plans for its review yet.
Supervisor Clark stated citizens have advised him that there have been
eight (8) accidents at or near the curve over the last eighteen (18) months.
He inquired if it would be possible for there to be a twenty-four (24) foot
paved surface-and two (2) two (2) foot gravel shoulders on the current right-
of-way from Sugar Hill Road to the access point.
Mr. Neblett .stated VDOT has a variable right-of--way along the
roadway and the developer could put in curb and gutter as an option at the
intersection.
Supervisor MacManus inquired if Mr. Neblett thought this could be a
dangerous location with an entrance..
IVir. Neblett stated there is a .curve at the location with a posted speed
limit of 35 mph, but if VDOT standards can be met he would say this
intersection would not be any different than a number of other~intersections
across the state.. He stated he .would not dispute that it would be a better
access-point if located on a straight section of the roadway rather than on the
curve.
Dean Vincent stated this is not. a new issue and he met with VDOT
.officials recognizing the fact that this was an issue that needed to be
addressed. He stated the possibilities of what had to happen were explored
and Mr. Graypurchased-the Rhodes property and located the site line at the
::..edge of the pavement and measured 350 feet in either direction which the
site distance required under VDOT criteria. He stated this was a component
of approving the Traffic Impact Analysis (TIA). He stated there was great
expense spent to purchase the Rhodes property to ensure the sight lines- were
met. He stated the Traffic Impact Analysis (TIA) is dated back to July, 2000
and the. TIA that. went to Mr. Neblett for the final review and approval were
..:dated December, 2000. He stated he has tried to address concerns at every
juncture and safety has always .been an issue. He stated he feels that this is
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an item that has been reviewed with great detail and addressed with as much
detail as possible.
.Supervisor MacManus stated regarding Item "D" under Access, where
.right-of-way reservation is addressed on the potential alternate entrance/exit.
to Founders Pointe Development.
Mr. Vincent stated it does not matter to him if the easement is there
twenty (2) years or not,. but it forced him to focus on the issue .that there is a
piece of road there and you can not have a bond and. extend the bond for
twenty (20) years. He stated the concept of installing a stub street was
considered, but it was decided that that would be a mistake as people would
begin throwing trash and parking there. He stated the cost is small to install
the stub street as compared to what would be the cost for. a developer to
bring the bridge over.
Supervisor MacManus suggested taking the time frame out. so the
developer is not on the "hook" but to say that "prior to close .out of the
development surety bond."
Mr. Vincent .stated the timing through the life of the development
could be changed. He stated the life: of the development is recordation of the . ,
final plat and acceptance of those streets.
Supervisor MacManus stated .under Item "B" Open Spaces, originally
the maintenance was to be the responsibility of the Homeowners
Association, but this has been changed to "shall not be the responsibility of
the County."
Mr. Vincent stated the reason why thin is different is because if you
build a clubhouse, ownership stays with- the developer, and you can not say
that responsibility to maintain that will be on the Association if the
Association does not own it. He stated it would either be the Association or
the owner/developer.
Supervisor MacManus stated he would be more comfortable. with. the
developer defining it one (1) way. or the other.
Supervisor Clark stated there .are some good things about the
development as the developer is paying to improve a substantial portion of
Sugar Hill Road from the access point to Route 17 and the developer has
agreed to do this. in advance and to :install a traffic light at his expense: He
stated the developer has agreed to make whole the residents that are affected -
by the widening of the VDOT right-of-way and. to incorporate the Batten
graces into the development. He stated he also believes Founders' Pointe.
will be a quality development. He stated the fundamental .problem is that
there is only one (1) access point to the development on a small .rural. road
on a curve and safety must be an overriding consideration... He stated there
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will be a lot of traffic making alert-hand turn on a dangerous curve and' he is
concerned. about. the safety of the citizens who live on Sugar Hill Road, as
well as the school buses that will travel thin roadway. He stated -.the
widening of the .road does not address that issue to his satisfaction. He
stated the curve on Sugar, Hill. Road should have been..straightened out a
long time.. ago and he believes this needs to be addressed.
Supervisor Bradshaw stated he has the same concerns as Supervisor
Clark regarding the safety of the .roadway. He inquired how the Board could
address his safety concern.
County Administrator Casket' stated it .could. be addressed through the
County's Six Year Plan. for Improvements to the Secondary Roadway as a
project for VDOT to fund. He stated there could be other sources of funding
that may exist and that could be explored with VDOT.
Chairman Claud stated he understands the safety aspects which are not
an ideal situation, however, all the requirements of VDOT must be met
before it can be constructed. He stated -the Board can also look at
incorporating this as a project in the secondary road system if need be.
Supervisor Bradshaw stated if the Board places the roadway in the Six
Year Plan it could be many years before anything. takes place.
Chairman Claud stated this Board does have some input as to the
priority of projects that go into the Six Year Plan. If the Sugar Hill Road
.issue is a problem, then the Board .can consider advancing this as a
secondary road project.
.Supervisor MacManus moved the Board approve the Master Plan and
Development and Design Standards with the .caveat that it requires the
. County Attorney's approval and that there will be a change to the access
Item "D" as .discussed with Mr. Vincent and that. there -will be a change to
Item "B" open spaces as discussed with Mr. Vincent and also. provided the
County Attorney. agrees with the highlighted sections that. are currently in
the Plan. -The motion was adopted with Supervisors MacManus, Bradby and
Claud voting in favor of the motion (3-2) and .Supervisors Bradshaw and
Clark voting against the motion.
//
Supervisor Clark requested a closed session under Section 2.2-3711
Al of the Freedom of Information .Act concerning a personnel matter.
Chairman Claud requested a closed session under Section 2,2-3711
Al of the Freedom of Information Act concerning a personnel matter.
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W. Douglas Casket' requested a closed session under Section 2.2-3711
Al of the Freedom of Information Act concerning a personnel matter.
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Patrick J. Small, Director of Economic Development, requested a
closed session under Section 2.2-3711 AS concerning two {2) matters
dealing with prospective businesses where no previous location has been
announced and under Section 2.2-3711 A3 concerning a property
acquisition matter.
Supervisor Bradshaw moved the Board enter closed session for the
reasons stated. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Upon returning to open session, Supervisor Clark moved the Board
adopt the following resolution:
CERTIFICATION OF CLOSED MEETING
WI-iEREAS, the Board of Supervisors has. convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance. with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.2-3712D of the Code of Virginia requires a certification
by this Board of Supervisors that ouch closed meeting ..was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's :knowledge, (i) only public
business. matters awfully exempted from. open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the .motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, .Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor. of the motion (5-0) and no
Supervisors voting :against the motion.
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Supervisor MacManus moved the Board reschedule its first meeting in
March .for Monday, March 11, 2002 at 9:00 a.m. in the Board Room and
authorize staff to advertise accordingly. The motion was adopted
unanimously (5-0).
At 9:00 p.m., Supervisor Clark moved the Board adjourn.- The motion.
was adopted unanimously (5-0).
Robert C. Claud, Sr., Chairman
W. Dougl Ca ey, Clerk
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