York County, Virginia
Board of Supervisors'
Meeting Minutes

Regular Meeting
September 19, 2000
7:00 p.m.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:00 p.m., Tuesday, September 19, 2000, in the Board Room, York Hall, by Chairman Walter C. Zaremba.

Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Melanie L. Rapp.

Also in attendance were Daniel M. Stuck, County Administrator; and James E. Barnett, County Attorney.

Invocation. The invocation was given by the Reverend Wayne Price, Grace Episcopal Church.

Pledge of Allegiance to the Flag of the United States of America. Chairman Zaremba led the Pledge of Allegiance.

HIGHWAY MATTERS

Mr. Quintin Elliott, Resident Engineer, Virginia Department of Transportation, (VDOT), appeared to discuss highway matters of interest of the Board of Supervisors, but stated he did not have any new information to pass onto the Board.

Mr. Burgett asked if the paving schedule for next year had been decided. He mentioned there were streets in his district that needed repaving.

Mr. Elliott replied the schedule was almost complete, and he asked Mr. Burgett for a list of the streets that needed repaving.

Mr. Burgett also noted he felt the overpass at Route 134 and Route 17 required some attention.

Mrs. Noll stated she felt the widening of Route 17 northward from Fort Eustis Boulevard was unnecessary and that the funds for that project could be used elsewhere on Route 17. She asked Mr. Elliott what his recommendation was on that project.

Mr. Elliott stated he supported VDOT's position. He noted that it was a district-wide project, and he supported the decision as a district.

Mrs. Noll stated the County did not want to widen Route 17 northward to the Coleman Bridge, but that VDOT felt it should go forward with that widening project. She further explained that a portion of the median would be lost, thereby losing a beautiful green area. She suggested that if VDOT wouldn't listen to the County, then perhaps it would listen to the citizens.

Mr. Elliott stated it was a regional project and, through York County, it served as a connection for other jurisdictions.

Miss Rapp stated she would be providing VDOT with a list from all the homeowners associations in her district of their requests for road repavings. Another area of concern for her was the erosion occurring at the intersection of Route 171 and Yorktown Road, where two or three culverts were stopped up. She asked for an email notification when the work was complete.

Mr. Wiggins indicated he felt the widening of Route 17 from the bridge to Fort Eustis Boulevard was senseless. He felt that Route 17 northbound would carry all the traffic that Fort Eustis Boulevard and the bridge carried.

Mr. Elliott stated the Coleman Bridge had been constructed to accommodate six-lanes should that be required. He explained that Route 17 could be made into a six-lane road which may coincide with any improvements on the other side of the river.

Mr. Wiggins replied that the County has back-up problems in the southern end of the County and not in the proposed area to be widened.

Mr. Elliott stated alternative routes needed to be created to provide people with other paths instead of continuing to clog up the mainroads. He suggested options such as access management, shared entrances, creating internal streets off Route 17, and continuing to push to try and get projects funded on the lower end of Route 17 to increase capacity. He asked that the Board continue to work with him and continue asking for funding.

Mr. Wiggins questioned the status of Grafton Drive and when it would be completed.

Mr. Elliott indicated it was almost finished, but the weather had put a damper on its completion. He apologized for the inconvenience it had caused and explained the original contractor had defaulted on his contract.

Mr. Zaremba asked Mr. Stuck what the County's official position was with respect to six lanes versus four lanes on Route 17.

Mr. Stuck stated the County had sent letters to its legislators as well as to VDOT asking them to strongly consider not widening to six lanes. He advised that VDOT has just recently in-formed the County it will move ahead with the design as originally planned. He explained that a resolution stating the Board's position had been prepared for adoption at the next Regular Meeting.

Mr. Zaremba stated a number of roads needed to be repaved in his district, one of them being Saxon Road off of West Queen's Lake. He asked if there was a more formal way make a request to VDOT, and he asked how the County's roads were prioritized.

Mr. Elliott explained that the VDOT superintendents were required to ride and inspect the roads each year to make evaluations. He explained the process of determining which roads would be paved and the budgetary restrictions involved.

PRESENTATIONS

INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS

Chairman Zaremba introduced and welcomed the following newly appointed members to their respective Boards and Commissions, and presented them with a Boards and Commission Handbook and York County pin.

Charlotte L. Haywood York County Transportation Safety Commission Troy Maxwell York County Wetlands Board

ZWEIBRUCKEN STUDENT EXCHANGE PROGRAM

Ms. Sandy Hespe, Student Exchange Program Coordinator, made a presentation on this year's Zweibrucken Student Exchange Program and thanked the Board for its support. Ms. Hespe then introduced the following students who participated in the program:

Zak Anderson, Tabb High School 
Andrew Fox, Tabb High School 
Marissa Dearborn, Tabb High School 
Gurmeet Gill, Tabb High School 
Danielle Hale, York High School 
Greg Maciog, Grafton High School 
Kristen Nicholson, York High School 
Paul Rosenblatt, Tabb High School 
Angela Sexton, Tabb High School 
Elizabeth Still, York High School

CITIZENS COMMENT PERIOD

Ms. Daphne Pritchett, 801-B Bridge Crossing, spoke concerning the wetlands behind her home that were being surveyed. She had no problem with building, and no qualm with industry. She was concerned with the County continuing to allow high-density building and how it could increase crime in the County. She also stated her concern with the water table if the wetlands were allowed to be filled. She agreed that Route 17 did not need widening near the bridge, but it did from Fort Eustis Boulevard down to the reservoir. She felt it needed to be three lanes, and the traffic lights needed to be synchronized.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett indicated he had nothing to report at this time.

Mr. Zaremba mentioned the last work session of the Board when the subject of President's Park and a possible appeal were discussed.

Mr. Barnett stated the Board members at the work session indicated they were comfortable with the Court's decision and did not want to go forward with an appeal.

Mr. Burgett concurred that at the work session he had asked for a consensus of the four members present, and it was agreed they did not want to take any further action regarding President's Park.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. Stuck reported on a traffic accident on Route 17 on September 18 that involved one of the County's deputies and a resident which resulted in a fatality, and he extended sympathies to the family of the victim. He reminded the Board of the Employee Family Picnic to be held on October 7 at Chisman Creek Park. He reminded the Board of the upcoming work session on Tuesday, September 26 at 6:30 p.m. Mr. Stuck then informed the Board the Yorktown Library would close on the 25th of September for renovations, and it would be closed for approximately twelve weeks. He reported on a tax study prepared by the Hampton Roads Planning District Commission (HRPDC) and how the tax system in Virginia was structured. He explained the HRPDC also put together a video that explained how the costs of government were being shifted to the local governments. He indicated the County would be running the video on Cable Channel 46 if the Board agreed to air it. He then remarked on some emails received on the commercial development of Wal-Mart at the intersection of Route 17 and 171, and he explained the zoning for this development occurred many years ago, and the process occurring now was a technical review carried out by various regulatory agencies.

MATTERS PRESENTED BY THE BOARD

Miss Rapp spoke of a constituent meeting she would be conducting the Tabb Library on October 5 at 7:30 p.m. She explained she would be sending out a report called "The Rapp Report" which was her synopsis of what was going in the County. She indicated it was her hope to send out two reports per year. She stressed that the reports were not paid for by taxpayers but out of her pocket. She asked for volunteers to help in her district and stated her new website would be running in a few days. She asked Mr. Parker how he announced the town meetings to the citizens.

Mr. Parker explained that the Board meetings were advertised on Channel 46, press releases were issued to the newspapers and libraries, and meetings were posted on the website.

Meeting Recessed. At 7:59 p.m. Chairman Zaremba declared a short recess.

Meeting Reconvened. At 8:09 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

CHILD DEVELOPMENT RESOURCES, INC., LEASE AGREEMENT

Mr. Stuck made a brief presentation on proposed Resolution R00-142 to authorize the execution of a lease agreement with Child Development Resources, Inc., for office space in the Griffin-Yeates Center Building.

Chairman Zaremba then called to order a public hearing on proposed Resolution R00-142 which was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

There being no one present who wished to speak concerning the subject resolution, Chairman Zaremba closed the public hearing.

Mr. Burgett then moved the adoption of proposed Resolution R00-142 which reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

WHEREAS, Child Development Resources, Inc., a nonprofit Virginia Corporation, operates the First Steps program whose purpose is to provide an early childhood educational experience and positive learning opportunities on behalf of economically disadvantaged and other qualified County citizens and which is located in the Griffin-Yeates Center on Government Road; and

WHEREAS, Child Development Resources, Inc., has been implementing a federal grant that provides training for professionals who work with young children and has asked to rent an office with approximately 200 square feet also located within the Griffin-Yeates Center on Government Road to serve as a base of operations for personnel involved in the implementation of that grant; and

WHEREAS, the County desires to make available approximately 200 square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center located at 1490 Government Road, which is a building owned by the County of York, by the execution of a Lease Agreement for a term of one year with Child Development Resources, Inc.; and

WHEREAS, charges for that space shall be at a rate of $9.00 per square foot per year with the proceeds from such rental to be dedicated to the County Children's Food Services program; and

WHEREAS, a public hearing on the proposed Lease Agreement, as required under the Code of Virginia, has been properly advertised and conducted on September 19, 2000;

NOW, THEREFORE BE IT RESOLVED by the York County Board of Supervisors this the 19th day of September, 2000, that the County Administrator be, and he is hereby, authorized to execute a Lease Agreement with Child Development Resources, Inc. for approximately two hundred (200) square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center, for a term commencing November 1, 2000 and ending October 31, 2001, and in consideration of the sum of nine dollars ($9.00) per square foot per year.

BE IT FURTHER RESOLVED that proceeds from such rental shall be dedicated to the County Children's Food Service program.

On roll call the vote was:

Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba 
Nay: (0)

APPLICATION NO. ZM-50-00, ROLAND R. AND BETTY A. ROLLINS (TRUSTEES) AND YORKMINSTER PRESBYTERIAN CHURCH

Mr. Robert Baldwin, Chief Planner, after displaying a brief video showing the area in question, made a presentation on proposed Ordinance No. 00-17 to reclassify from Planned Development to General Business a .46-acre piece of property located at 6106 George Washington Memorial Highway, and reclassification of a .13-acre parcel from General Business to Planned Development at the same location. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Ordinance No. 00-17.

Chairman Zaremba then called to order a public hearing on Application No. ZM-50-00 which was duly advertised as required by law. Proposed Ordinance No. 00-17 is entitled:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE APPROXIMATELY 0.46 ACRE FROM PD (PLANNED DEVELOPMENT) TO GB (GENERAL BUSINESS) AND APPROXIMATELY 0.13 ACRE FROM GB TO PD

There being no one present who wished to speak concerning the subject application, Chairman Zaremba closed the public hearing.

Mrs. Noll then moved the adoption of proposed Ordinance No. 00-17 which reads:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE APPROXIMATELY 0.46 ACRE FROM PD (PLANNED DEVELOPMENT) TO GB (GENERAL BUSINESS) AND APPROXIMATELY 0.13 ACRE FROM GB TO PD

WHEREAS, Roland R. and Betty A. Rollins and Yorkminster Presbyterian Church have submitted Application No. ZM-50-00 to amend the York County Zoning Map by reclassifying a 0.46 acre piece of property from PD (Planned Development) to GB (General Business) and a 0.13-acre piece of property from GB to PD, said pieces of property being portions of a 14.95-acre parcel located at 6106 George Washington Memorial Highway (Route 17) that is further identified as Assessor's Parcel No. 24-(72)-3; and

WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board of Supervisors has given careful consideration to the public comments, Planning Commission recommendation, and staff recommendation with respect to this application;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 19th day of September, 2000, that Application No. ZM-50-00 be, and it is hereby, approved to amend the York County Zoning Map by reclassifying a 0.46 acre piece of property from PD (Planned Development) to GB (General Business) and a 0.13-acre piece of property from GB to PD, said pieces of property being portions of a 14.95-acre parcel located at 6106 George Washington Memorial Highway (Route 17) that is further identified as Assessor's Parcel No. 24-(72)-3 and is more fully identified and described as follows:

From PD (Planned Development) to GB (General Business):

All that certain lot, piece or parcel of land situate, lying and being in the County of York, Virginia, containing 0.4601 acres and being known and designated as "Area proposed to be Rezoned from PD to GB (0.4601 acres)" as shown on that certain plat entitled "Plat showing Proposed Rezoning, Properties of Betty A. and Roland R. Rollins, Trustees, Nelson magisterial District, County of York, Virginia" prepared by Davis and Associates, P.C., Surveyors and Planners, dated May 10, 2000. Said property being a part of that certain property conveyed to Betty A. and Roland R. Rollins, Trustees and recorded in Deed Book 923, Page 173 and Deed Book 923, Page 176 in the Clerk's Office of the Circuit Court for the County of York, Virginia and more particularly described as follows:

Commencing at a concrete monument located on the east side of George Washington Memorial Highway (U.S. Route 17) and the common boundary line of the Trustees of the Yorkminster Presbyterian Church and the property of Betty A. and Roland R. Rollins, Trustees, N 60º 30' 46" E, 394.65' (feet) to the point and place of beginning. Thence from the point and place of beginning thus established N 60º 30' 46" E, 288.48' (feet) to a point thence S 24º 14' 25" E, 29.99' (feet) to a point; thence S 60º 30' 46" W, 183.00' to a point; thence S 31º 13' 52" E, 255.48' (feet) to a point thence N 50º 39' 57" W, 305.88' (feet) to a point being the point and place of beginning. The property is bounded on the east, south and west by property owned by Betty A. and Roland R. Rollins, Trustees and on the north by the Trustees of Yorkminster Presbyterian Church.

From GB (General Business) to PD (Planned Development):

All that certain lot, piece or parcel of land situate, lying and being in the County of York, Virginia, containing 0.1275 acres and being known and designated as "Area proposed to be Rezoned from GB to PD (0.1275 acres)" as shown on that certain plat entitled "Plat showing Proposed Rezoning, Properties of Betty A. and Roland R. Rollins, Trustees, Nelson magisterial District, County of York, Virginia" prepared by Davis and Associates, P.C., Surveyors and Planners, dated May 10, 2000. Said property being a part of that certain property conveyed to Betty A. and Roland R. Rollins, Trustees and recorded in Deed Book 923, Page 173 and Deed Book 923, Page 176 in the Clerk's Office of the Circuit Court for the County of York, Virginia and more particularly described as follows:

Commencing at a concrete monument located on the east side of George Washington Memorial Highway (U.S. Route 17) and the common boundary line of the Trustees of the Yorkminster Presbyterian Church and the property of Betty A. and Roland R. Rollins, Trustees, N 60º 30' 46" E, 394.65' (feet) to a point; thence S 50º 39' 57" E, 305.88' (feet) to the point and place of beginning. Thence from the point and place of beginning thus established S 50º 39' 57" E, 188.17' (feet) to a point thence S 58º 51' 47" E, 62.61' (feet) to a point; thence N 31º 13' 52" W, 177.35' (feet) to a point being the point and place of beginning. The property is bounded on the north, east, south and west by property owned by Betty A. and Roland R. Rollins, Trustees.

On roll call the vote was:

Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba 
Nay: (0)

APPLICATION NO. ZM-51-00, ST. MARK LUTHERAN CHURCH

Mr. Baldwin made a presentation, after a short video showing the area in question, to consider adoption of proposed Ordinance No. 00-18 to reclassify, subject to conditions, from Limited Industrial to General Business six parcels located on Old York-Hampton Highway in the northeast quadrant of its intersection with Freedom Boulevard. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Ordinance No. 00-18.

Chairman Zaremba then called to order a public hearing on Application No. ZM-51-00 which was duly advertised as required by law. Proposed Ordinance No. 00-18 is entitled:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE APPROXIMATELY 7.5 ACRES FROM IL (LIMITED INDUSTRIAL) TO GB (GENERAL BUSINESS) SUBJECT TO THE CONDITIONS VOLUNTARILY PROFFERED BY THE PROPERTY OWNER

Ms. Elizabeth White, 11817 Canon Boulevard, Newport News, appeared representing St. Mark Lutheran Church, and she introduced members of the Church, the Church's building committee, and the Church's architect. She stated they concur with the Planning Commission's decision to approve the application and asked the Board to approve the rezoning. In conjunction with her presentation, she distributed a notebook to the Board with information depicting the surrounding properties of the Church.

Reverend Gary Erdos, Pastor of St. Mark Lutheran Church, stated the project has been in the works for two years now, and he thanked all of those from the County offices, including Mr. Baldwin and Mr. Noel's offices, who have worked diligently with them.

There being no one else present who wished to speak concerning the subject application, Chairman Zaremba closed the public hearing.

Miss Rapp then moved the adoption of proposed Ordinance No.00-18 which reads:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE APPROXIMATELY 7.5 ACRES FROM IL (LIMITED INDUSTRIAL) TO GB (GENERAL BUSINESS) SUBJECT TO THE CONDITIONS VOLUNTARILY PROFFERED BY THE PROPERTY OWNER

WHEREAS, St. Mark Lutheran Church has submitted Application No. ZM-51-00, which requests to amend the York County Zoning Map by reclassifying 7.5 acres, a total of six (6) parcels, located at 118 Old York Hampton Highway (Route 634), and further identified as Assessor's Parcel No(s). 24-185A, 24-(60)-4, 24-(60)-17, 24-(60)-18, 24-(60)-20, and 24-(60)-21, from IL (Limited Industrial) to GB (General Business), subject to conditions voluntarily proffered by the property owner; and

WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board of Supervisors has given careful consideration to the public comments, Planning Commission recommendation, and staff recommendation with respect to this application;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 19th day of September, 2000, that it does hereby approve Application No. ZM-51-00 to amend the York County Zoning Map by reclassifying 7.5-acres, a total of six (6) parcels, located at 118 Old York Hampton Highway (Route 634), and further identified as Assessor's Parcel No(s). 24-185A, 24-(60)-4, 24-(60)-17, 24-(60)-18, 24-(60)-20, and 24-(60)-21, from IL (Limited Industrial) to GB (General Business), subject to conditions voluntarily proffered by the property owner in the proffer statement entitled "Conditions Voluntarily Proffered for the Reclassification of Property Identified as Tax Maps: 24-185A, 24-60-4, 24-60-17, 24-60-18, 24-60-20, 24-60-21 and dated July 28, 2000 and listed below:

The property shall not be used for the following land uses:

a) Restaurant/Fast Food 
b) Restaurant/Drive In 
c) Car Wash 
d) Automobile Fuel Dispensing Establishment/Service Station 
e) Neighborhood Shopping Center 
f) Community or Regional Shopping Center 
g) Toy Store 
h) Bait and Tackle Store 
i) Convenience Store

2) In connection with any submission of a final site plan for the property, the applicant agrees to vacate the lot lines among the various lots comprising the property to form one large parcel provided all the following conditions are met:

a) The Subdivision Agent of York County deems it necessary for the property owner to vacate such lines; and

b) The vacation of such lines will not violate, contradict or contravene the easements, terms, conditions and obligations set forth in that certain Declaration of Covenants, Conditions, and Restrictions for Victory Park Property Owners Association, Inc. dated December 22, 1987 and recorded in the Clerk's Office of the Circuit Court for the County of York in Deed Book 506 at Page 321 (the Declaration) as may have been, or may in the future be, amended pursuant to the terms set forth in the Declaration; and

c) The property owner is able to obtain all consents, if any, required by the Declaration to be obtained in connection with the vacation of such lot lines; and

The vacation of such lot lines is permitted under the Zoning and/or Subdivision Ordinances of the County of York, Virginia.

On roll call the vote was:

Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba 
Nay: (0)

APPLICATION NO. UP-559-00, JOHN AND JANET VEITH

Mr. Baldwin made a presentation, after a short video displaying the area in question, on Application No. UP-559-00 to approve a use permit authorizing an 850-square foot accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located in the northwest quadrant of the intersection of Skimino Landing Drive and Pheasant Springs Road. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Resolution R00-135.

Mr. Wiggins asked if the building permit would be issued for the house first and then the apartment later.

Mr. Baldwin stated the applicant would either do the house first, or he could apply for a permit for the house and the garage accessory apartment concurrently. He explained the garage with the accessory apartment could not be done first; it had to be done after, or concurrently with, the house.

Mrs. Noll asked about the provisions for off-street parking.

Mr. Baldwin stated a three-car garage was being proposed with an accessory apartment on top of it, and it would be necessary to meet the County's parking requirements for both the home and the accessory apartment.

Mr. Burgett questioned the timing on the project, stating the applicant was requesting a five-year extension. He asked why approval was requested now when the applicant did not intend on building for four years.

Mr. Baldwin stated it was his understanding the applicant wanted to get the lot paid off before proceeding with construction on the site, but they wanted to make sure they ultimately could build the accessory apartment. He explained the standard time frame was two years, but it could be extended to five.

Mr. Burgett expressed concern about the abuse of the standard time frame should they allow the extension of five years in this case. He felt others may ask for an extensions.

Chairman Zaremba then called to order a public hearing on Application No. UP-559-00 which was duly advertised as required by law. Proposed Resolution R00-135 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED DWELLING TO BE CONSTRUCTED IN SKIMINO LANDING ESTATES

There being no one present who wished to speak concerning the subject resolution, Chairman Zaremba closed the public hearing.

Mr. Burgett expressed his concern about extending the permit for an additional three years. He felt it opened doors for more of these requests.

Mr. Baldwin stated if the proposed accessory apartment were 450 square feet or less, it would be permitted by right. The reason the application came before the Board was because the applicant wanted a larger accessory apartment. He explained the applicant was not going to build a single family home unless it could be accompanied by the accessory apartment.

Discussion followed on the timing issue.

Mrs. Noll agreed with Mr. Burgett that if the Board made an exception on the time frame, future applicants might request the same.

Chairman Zaremba suggested the language be changed to allow the standard two years rather than five years.

Mr. Burgett then moved the adoption of proposed Resolution R00-135(R) with the deletion of the paragraph dealing with the 5-year term which reads:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED DWELLING TO BE CONSTRUCTED IN SKIMINO LANDING ESTATES

WHEREAS, John and Janet Veith have submitted Application No. UP-559-00 to request a special use permit, pursuant to Section 24.1-407(c) of the York County Zoning Ordinance, to authorize an accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located in the northwest quadrant of the intersection of Skimino Landing Drive and Pheasant Springs Road and further identified as Assessor's Parcel No. 3-(2)-2B-40; and

WHEREAS, said application has been referred to the York County Planning Commission; and

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application in accordance with applicable procedure; and

WHEREAS, the Board of Supervisors has given careful consideration to the public comments, Planning Commission recommendation, and staff recommendation with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of September, 2000, that Application No. UP-559-00 be, and it is hereby, approved to issue a special use permit, pursuant to Section 24.1-407(c) of the York County Zoning Ordinance, to authorize an accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located in the northwest quadrant of the intersection of Skimino Landing Drive and Pheasant Springs Road and further identified as Assessor's Parcel No. 3-(2)-2B-40 subject to the following conditions:

1. This use permit shall authorize an accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located in the northwest quadrant of the intersection of Skimino Landing Drive and Pheasant Springs Road and further identified as Assessor's Parcel No. 3-(2)-2B-40.

2. Building plans in substantial conformance with the sketch plan submitted by the applicant shall be submitted to and approved by the York County Department of Environmental and Development Services, Division of Building Regulation, prior to the commencement of any construction activities on the site.

3. Not more than one (1) accessory apartment shall be permitted in conjunction with the principal dwelling unit.

4. The accessory apartment unit shall not contain in excess of 850 square feet.

5. The accessory apartment unit shall contain no more than one (1) bedroom.

6. The maximum combined number of bedrooms in the principal dwelling and the accessory apartment unit shall be four (4) unless otherwise specified by the Health Department based on a finding that on-site water supply and sewage treatment facilities either are not adequate to serve the anticipated number of residents or are adequate to serve a greater number of residents.

7. Adequate provisions shall be made for off-street parking of motor vehicles in such a fashion as to be comparable with the character of the single-family residence and adjacent properties.

8. The accessory apartment shall not be rented separate from the principal dwelling and shall be occupied only by family members or guests of the occupant of the single-family dwelling.

9. The accessory apartment shall be constructed in conjunction with or subsequent to, but in no case prior to, the construction of the principal dwelling unit.

10. In accordance with Section 24.1-115(b)(7) of the York County Zoning Ordinance, a certified copy of the resolution authorizing this special use permit shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Burgett, Zaremba 
Nay: (1) Rapp

APPLICATION NO. UP-560-00, FERGUSON ENTERPRISES, INC.

Mr. Baldwin made a presentation, after a short video showing the area in question, on Application No. UP-560-00 to approve a use permit authorizing the establishment of a wholesale trade establishment with outdoor storage on approximately 10 acres of land along Mooretown Road approximately 3,000 feet south of the intersection of Mooretown Road and East Rochambeau Drive. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Resolution R00-136.

Chairman Zaremba asked what was meant when the applicant stated a compromise would be considered, if feasible, before the application went to the Board.

Mr. Baldwin stated if the applicant were to accommodate the required 25-foot buffer, he would have to move the fence line and lose storage area. A compromise was reached by agreement to a 10-foot buffer, which was what the applicant was showing on the site plan, and the County would require the creation of a solid hedge of evergreen planting material. Mr. Baldwin stated another issue was the gate. It appeared the applicant was willing to upgrade the gate, wanting it to be attractive from the roadway. The last issue was whether or not the Board would feel that a wrought iron fence along the parking lot was appropriate or would the Board allow the applicant to use the vinyl-coated, chain link fence as used around the rest of the property.

Chairman Zaremba then called to order a public hearing on Application No. UP-560-00 which was duly advertised as required by law. Proposed Resolution R00-136 is entitled:

A RESOLUTION TO APPROVE APPLICATION NO. UP-560-00 WHICH REQUESTS A USE PERMIT TO AUTHORIZE A WHOLESALE TRADE ESTABLISHMENT WITH OUTDOOR STORAGE ALONG MOORETOWN ROAD

Mr. Don Swain, 140 Raven Lane, Surry, representing the applicant, asked the Board to consider the applicant's request for fencing made of a wrought-iron, aluminum look-a-like material. He stated the concerns are security, maintenance, and durability. He requested that the first sentence in item number 4 of the resolution be deleted, and he also requested modification to the second sentence by deleting the word "other" and by adding "with ornamental gates" at the end of that sentence. Mr. Swain also addressed the landscape issues with the Board.

Discussion followed regarding the fencing materials.

Mrs. Noll then moved the adoption of proposed Resolution R00-136(R) which reads:

A RESOLUTION TO APPROVE APPLICATION NO. UP-560-00 WHICH REQUESTS A USE PERMIT TO AUTHORIZE A WHOLESALE TRADE ESTABLISHMENT WITH OUTDOOR STORAGE ALONG MOORETOWN ROAD

WHEREAS, Ferguson Enterprises, Inc. has submitted Application No. UP-560-00 which requests a use permit, pursuant to the terms of Section 24.1-306 (category 14, number 3) of the York County Zoning Ordinance, to authorize establishment of a wholesale trade establishment with outdoor storage on approximately ten (10) acres of land along Mooretown Road approximately 3,000 feet south of the intersection of Mooretown Road and East Rochambeau Drive, and further identified as a portion of Assessor's Parcel No. 2-34, subject to conditions; and

WHEREAS, said application has been referred to the York County Planning Commission; and

WHEREAS, the Planning Commission has recommended approval of this application; and

WHEREAS, the Board has conducted a duly advertised public hearing in accordance with applicable procedure; and

WHEREAS, the Board has carefully considered the public comments and the recommendations of the Planning Commission and staff with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of September, 2000, that Application No. UP-560-00 be, and it is hereby, approved subject to the following conditions:

1. This use permit shall authorize establishment of a wholesale trade establishment with outdoor storage on approximately ten (10) acres of land along Mooretown Road approximately 3,000 feet south of the intersection of Mooretown Road and East Rochambeau Drive and further identified as a portion of Assessor's Parcel No. 2-34.

2. Except as modified herein, the development shall be constructed in significant conformance with the conceptual plans titled "Ferguson Enterprises, Inc. Proposed Plan 17,000 S.F.," "Mooretown Road View," and "Clark Road View," all three dated July 26, 2000, with particular emphasis on site layout and the orientation of the storage yard.

3. Use of theft-deterrent fencing (i.e., barbed wire, razor wire, etc.) anywhere on the property shall be prohibited.

4. All fencing on the property shall be dark green or black vinyl-dipped chain link or masonry type with ornamental gates. All fencing shall be supplemented with a mixture of evergreen planting materials that shall form a continuous screening hedge.

5. A Type 25 (twenty-five-foot) buffer shall be maintained along the outside of the entire length of the fencing enclosing the storage yard with the exception of that portion that faces the business park's interior roadway. Existing vegetation may serve as the buffer provided, however, it is maintained in its natural state, is not altered in any manner, and is at least twenty-five feet (25') in width. At a minimum, a Type 25 buffer shall be provided between the storage area and the adjacent property lines with the exception of property fronting Mooretown Road and that property facing the parking lot side of the storage area where a thirty-five-foot (35') landscaped buffer is required. No fencing shall be placed outside of this buffer.

6. A thirty-five-foot (35') landscaped buffer shall be provided between the business park's interior roadway and the edge of the parking lot.

7. Outdoor lighting shall be full cutoff luminaires or a decorative luminaire with full cutoff optics. All lighting shall be directed downward and shall not spill over onto adjacent properties or public rights-of-way. All lighting except low-level security lighting shall be extinguished between the hours of 11:00 PM and dawn. In addition, the applicant shall submit a photometric plan indicating all outdoor lighting on the site. This plan shall be approved by the Planning Division prior to the installation of any lighting on the site.

8. The applicant shall be responsible for compliance with the regulations in Section 24.1-115(b)(6) of the Zoning Ordinance that pertain to the recordation of this resolution in the office of the Clerk of the Circuit Court.

On roll call the vote was:

Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba 
Nay: (0)

UNFINISHED BUSINESS.

DISCHARGE OF FIREARMS ORDINANCE

Mr. Barnett displayed for the Board a map depicting those portions of the County in which the discharge of firearms is prohibited by Section 16.7 of the York County Code. He explained proposed ordinance No. 00-8(R) was drafted in response to legislation adopted by the General Assembly suggesting that the County may be obligated to make an amendment to its ordinance with respect to the discharge of firearms.

Mr. Stuck stated the map prepared several years ago when the restriction was adopted gave a better picture of firearms restrictions in the County since it also showed the Federal properties and Waterworks properties as restricted.

Mr. Barnett stated the County adopted its ordinance pursuant to Section 15.2-1209 of the Code of Virginia which allows local governments to prohibit firearms in densely populated areas. The section also states that any County that does prohibit firearms shall provide an exception for the killing of deer with a Game and Inland Fisheries Kill Permit on land of at least five acres that is zoned for agricultural use. The map displayed identified those parcels on which agricultural use was a permitted use. Mr. Barnett indicated there is no true agricultural zone in York County. He stated he had originally presented this matter to the Board because he thought the General Assembly action required the County to do something on land which was vacant or agriculturally used. However, after further study, he had concluded that the County was not compelled to change its regulations since it did not have an "agricultural" zoning district.

Mr. Burgett stated he felt the present ordinance was adequate, and there was no need to make a change.

Discussion followed on the proposed ordinance.

Chairman Zaremba expressed concern that taking no action on the matter would have an effect on the current ordinance that allowed deer hunting with shotguns.

Mr. Barnett stated that in some areas of the County hunting with shotguns was permitted, and in some areas hunting with bows and arrows was still permitted. There had been some discussion as to whether or not the Department of Game and Inland Fisheries would allow Kill Permits out of season.

Mrs. Noll recommended no action be taken on the proposed ordinance.

Miss Rapp asked for an explanation of the purpose of the new reflectors installed on Cook Road.

Mr. Stuck explained the reflectors were a pilot program initiated by VDOT. Their purpose is to reflect the headlights of the passing cars causing the lights to shine into the woods and hopefully scare the deer away from the road and eliminate accidents. The reflectors were installed as the result of the County's request to lower the speed limit on Cook Road. This program will allow VDOT to see if there is any impact on lowering the number of accidents.

The consensus of the Board was to take no action on proposed ordinance No. 00-8(R).

MATTERS PRESENTED BY THE BOARD (Continued)

Mrs. Noll reported that she and Mr. Burgett had attended a luncheon held for the York County Volunteers Association. She reported the Association had raised $163,000 this year, and some of its funds were used to help fix up a home of a family that cared for foster children, and money was donated to the food pantry and to Avalon, the battered women's shelter. She noted the volunteers also provided scholarship money and purchased a lot for a Habitat for Humanity house. She discussed the year 2007 and a meeting she attended with the National Park Service and the Association for the Preservation of Virginia Antiquities which was held to discuss the vision for what Jamestown and the island are going to be. She stated a questionnaire was provided, and she was going request that it be put on the County's website so the citizens could download it, fill it out, and mail it back to the Park Service. They discussed some of the problems including transportation and making sure that everyone was included in the plans for the 2007 celebration.

Mr. Burgett stated he and his wife would be attending the Senior Center Bazaar on Saturday, and he reported he had received good comments from citizens on the lights installed at Dare Elementary and at the athletic fields. He felt more lighting was needed at the Tabb Library, and he asked for staff to look into that possibility. He stated his District 4 meeting would be in October, and he asked Mr. Parker to comment about complaints received regarding Cox Communications.

Mr. Parker explained that he met with Cox, and one of the topics they discussed was the delay which people have been experiencing in reaching them on the telephone. He stated that because of all the questions regarding the upgrades, the length of time it now takes on average is 3 minutes, 38 seconds, for Cox to answer the phone. He indicated Cox was not happy with the response time and intended to remedy it as soon as possible. He stated Cox felt it would be able to reduce the timeframe as soon as they could answer all the questions about the upgrades.

Mr. Burgett indicated he wanted the citizens to be aware that Cox was doing something to rectify the situation.

Mr. Wiggins congratulated the York County Business Association for its Autumn Fest. He informed the citizens that the Watermen's Museum was having an auction on Saturday, September 23. He reported he was the Board's liaison to the Peninsula Chamber of Commerce and the Williamsburg Chamber of Commerce, and the Peninsula Chamber was working on its Seafest for October 13, and the Williamsburg Chamber was working on its Octoberfest at Busch Gardens. He reported that the Seaford Elementary School football field would have lights by the first of October. He reminded citizens that the Drainage Committee would meet on Thursday, September 21, in York Hall.

Chairman Zaremba reported it was a busy time for the Board and staff in gearing up for the preparation of the FY2002 budget. He stated the transition of the Industrial Development Authority personnel under the County Administrator's direction would soon be complete. He mentioned the Youth Commission's previous report on the quality of life for students in the County and stated he felt that the issue needed to be reviewed and addressed. He asked for a report on the status of the new YMCA facility to be built next to the Tabb Library. He also expressed a need to further define the tourist management corridors and to meet with James City County and Williamsburg soon, and stated it may be time to consider the County's need for a tourism coordinator. He informed the Board of upcoming events such as the auction at the Watermen's Museum and the Langley Air Force Base Tatoo, which included a 75-piece orchestra and a cast of individuals in vignettes tracing the history of the Air Force.

CONSENT CALENDAR

Mr. Burgett asked that Item No. 13 be removed from the Consent Calendar.

Chairman Zaremba asked that Item Nos. 7 and 12 be removed from the Consent Calendar.

Mrs. Noll moved that the Consent Calendar be approved as amended, Item Nos. 8, 9, 10, 11, 14, 15, respectively.

On roll call the vote was:

Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba 
Nay: (0)

Thereupon, the following resolutions adopted:

Item No. 8. REFUND OF TAXES ERRONEOUSLY ASSESSED: Resolution No. R00-155.

A RESOLUTION TO REPAY TAXES ERRONEOUSLY CHARGED

WHEREAS, the Board of Supervisors has received a certificate from the Commissioner of Revenue indicating an overpayment of business license tax by Boney Wilson & Sons, Inc.; and

WHEREAS, the County Attorney has consented to the proposed refund of those taxes erroneously paid;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of September, 2000, that in accordance with § 58.1-3981 of the Code of Virginia, the Treasurer of York County be, and she is hereby directed to pay to Boney Wilson & Sons, Inc. the following indicated amount as refund of taxes, including interest, erroneously paid:

Refund of taxes $ 9, 824.15 
Interest                     572.75 
Total                   $ 10,396.90

Item No. 9. SUPPORT OF AIRCRAFT AT OCEANA NAVAL AIR STATION: Resolution R00-150.

A RESOLUTION TO SUPPORT THE LOCATION OF THE EAST COAST F/A-18 E AND F MODEL AIRCRAFT AT OCEANA NAVAL AIR STATION

WHEREAS, Oceana Naval Air Station is the base for the Navy's East Coast F/A-18 C and D model aircraft and all of the Navy's F-14 aircraft; and

WHEREAS, the F-14 aircraft will be retired from the Navy's inventory over the coming years and will be replaced by the F/A-18 E and F (Super Hornet) model aircraft; and

WHEREAS, the Navy is in the process of conducting a number of public meetings as part of the scoping process for preparation of an Environmental Impact Statement (EIS) on the East Coast location of the F/A-18 E and F model aircraft; and

WHEREAS, the City of Virginia Beach has consistently supported maintaining Oceana Naval Air Station Oceana Naval Air Station as the master jet base on the East Coast as evidenced by its support for the relocation of the F/A-18 C and D models to Oceana in the interest of national defense, and in the interest of naval personnel and their families who benefit from the availability of numerous spousal employment opportunities, excellent housing, quality education, and the general quality of life in Virginia Beach and the Hampton Roads area; and

WHEREAS, the military presence in Hampton Roads greatly benefits all affected localities in the region economically; and

WHEREAS, the City of Virginia Beach has requested that the Hampton Roads communities add their support for the location of the F/A-18 E and F model aircraft to Oceana Naval Air Station;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of September, 2000, that it does hereby encourage the Navy, through the scoping process of the Environmental Impact Statement, to consider Oceana Naval Air Station as the preferred alternative for placement of all the East Coast F/A-18 E and F model aircraft.

Item No. 10. PUBLIC WATER EXTENSION AGREEMENT-WAL-MART SUPERSTORE-LIGHTFOOT: Resolution R00-153.

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S WATER SYSTEM TO THE PROPOSED WAL-MART SUPERSTORE #3219-00, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC WATER EXTENSION AGREEMENT

WHEREAS, Wal-Mart Stores, Inc., has requested that the County enter into a public water extension agreement pursuant to § 22-88 (b) of the York County Code to serve a commercial facility; and

WHEREAS, the plan for the proposed project has been reviewed by the County; and

WHEREAS, prior to final approval of these plans and the initiation of any construction activity, it is necessary that a determination be made as to whether the Board will authorize the extension of the public water facilities of the County to serve the proposed development; and

WHEREAS, it has been determined that sufficient capacity exists in the County's existing water system to serve the proposed development, or will exist when the facilities proposed by the developer are constructed; and

WHEREAS, in accordance with the terms of Chapter 22 of the York County Code the total connection fee to be paid to the County for the proposed extension to serve this development has been determined to be $14,800.00;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of September, 2000, that the Board approves the extension of the County's public water system to serve the proposed Wal-Mart Superstore #3219-00, and that the County Administrator be, and he hereby is, authorized to execute a public water extension agreement with Wal-Mart Stores, Inc. for the proposed extension; such agreement to be approved as to form by the County Attorney.

Item No. 11. PUBLIC SEWER EXTENSION AGREEMENT-WAL-MART SUPERSTORE-TABB: Resolution R00-154.

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER SYSTEM TO THE PROPOSED WAL-MART SUPERSTORE #3265-00, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Wal-Mart Stores, Inc., has requested that the County enter into a public sewer extension agreement pursuant to § 18.1-53 (b) of the York County Code to serve a commercial facility; and

WHEREAS, the plan for the proposed project has been reviewed by the County; and

WHEREAS, prior to final approval of these plans and the initiation of any construction activity, it is necessary that a determination be made as to whether the Board will authorize the extension of the public sewer facilities of the County to serve the proposed development; and

WHEREAS, it has been determined that sufficient capacity exists in the County's existing sewer system to serve the proposed development, or will exist when the facilities proposed by the developer are constructed; and

WHEREAS, in accordance with the terms of Chapter 18.1 of the York County Code the total connection fee to be paid to the County for the proposed extension to serve this development has been determined to be $18,400.00;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of September, 2000, that the Board approves the extension of the County's public sewer system to serve the proposed Wal-Mart Superstore #3265-00, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with Wal-Mart Stores, Inc. for the proposed extension; such agreement to be approved as to form by the County Attorney.

Item No. 14. REVIEW OF LAND USED PERMITTED IN IL ZONING DISTRICT: Resolution No. R00-147.

A RESOLUTION TO SPONSOR AN AMENDMENT TO THE YORK COUNTY CODE, CHAPTER 24.1, ZONING, SECTION 24.1-306, TO PROHIBIT CERTAIN USES IN THE LIMITED INDUSTRIAL ZONING DISTRICT

WHEREAS, at its meeting on July 18, 2000, the York County Board of Supervisors approved Application No. ZT-48-00 to remove places of worship as a permitted use in the Limited Industrial (IL) zoning district; and

WHEREAS, in the course of reviewing said application, it has come to the Board's attention that several other uses are permitted in the IL zoning district that also appear to be either incompatible with industrial development or inconsistent with the Board's goal of preserving what remains of the County's IL property for revenue-generating uses;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of September, 2000, that it does hereby sponsor an application to amend Chapter 24.1, Zoning, of the York County Code, Section 24.1-306 (Category 4-Community Uses, Category 5-Educational Uses, Category 10-Commercial/Retail, Category 11-Business/Professional Service, and Category 15-Limited Industrial Activities) to read and provide as follows: