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York
County, Virginia
Board of Supervisors'
Meeting Minutes |
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Regular Meeting
February 18, 2003
7:00 P.M.
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Meeting Convened.
A Regular Meeting of the York County Board of Supervisors was called to
order at 7:00 p.m., Tuesday, February 18, 2003, in the Board Room, York
Hall, by Chairman James S. Burgett.
Attendance.
The following members of the Board of Supervisors were present: Walter
C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and
Thomas G. Shepperd.
Also in
attendance were James O. McReynolds, County Administrator; and James E.
Barnett, County Attorney.
Invocation .
Pastor M. A. Truckenmiller from Breakthrough Worship Center gave the
invocation.
Pledge of Allegiance to the
Flag of the United States of America.
Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. Steven Hicks ,
Resident Engineer, Virginia Department of Transportation (VDOT), stated
that most of the items addressed by the Board members in previous
meetings had been resolved, and he will be meeting with traffic
engineering to review the remaining issues. He mentioned the bad weather
conditions and the tendency for roads to develop potholes. He stated
VDOT will be out checking areas for potholes, and he encouraged citizens
to contact VDOT if large potholes have developed in their subdivisions.
Mr. Wiggins
asked Mr. Hicks to check on the paving of roads in the Edgehill section.
Mrs. Noll
stated she had received a complaint about the ditch underneath
Production Drive.
Mr. Zaremba
mentioned that Route 199 had many potholes to be repaired.
Mr. Wiggins
reminded Mr. Hicks to watch tonight’s meeting on television so he could
see the many residents from the Burts Road area.
PRESENTATIONS
TOURISM REPORT
Ms. Kristi Olsen,
Tourism and Events Coordinator, appeared before the Board to report on
the tourism events planned for Yorktown. She explained that her mission
and overall goal was to increase tourism in historic Yorktown and the
County by developing, managing, marketing, and implementing programs,
activities, and special events that promote and encourage visitation and
tourism. She elaborated on some of the recent projects and
accomplishments to encourage tourism. Those projects include the
Jamestown 2007 Commemoration, the Tall Ships Committee, the Virginia
2007 Community Program, and the York Hall Tourist Information and
Cultural Arts Site.
VIDEO SERVICES
BOARD
Mr. Michael Canty ,
Chairman of the Video Services Board, appeared to present the Video
Services Board Annual Report. He stated there were over 208 hours of
locally produced programming, an increase of 20 hours in the programming
from last year. He mentioned some of the locally produced programs such
as York County News, County Courier, About Our Schools, as well as the
broadcast of various Board meetings and other special events videos
throughout the County.
TELECOMMUNICATIONS SYSTEM UPGRADE
Mr. Steve Kopczynski ,
Fire Chief, gave the Board an update on the status of the communications
system upgrade project, a cooperative effort between James City County
and York County. He explained that Phase II of the project consists of
system design, acquisition, and implementation. Both localities are
beginning the process of evaluating proposals, and negotiations will
take place soon. He stated that within a few months the Board should be
presented with a procurement recommendation, and the project would be
completed within 18 to 24 months.
CITIZENS COMMENT
PERIOD
Ms. Karen Berquist ,
469 Catesby Lane, appeared before the Board to discuss the proposed
Special Use Permit application previously tabled by the Board at its
January 21 meeting and scheduled to be heard again during this meeting.
She stated the Board was concerned over the square footage of the home
and the size of the accessory apartment. She explained that the square
footage has now been recalculated, and the original square footage used
during the Board’s January meeting was incorrect.
COUNTY ATTORNEY
REPORTS AND REQUESTS
Mr. Barnett
reported that the General Assembly would be in session for one more
week, and he elaborated on some of the bills being considered. He
explained that the item to allow counties to regulate parking passed. He
stated that the pawn broker bill has passed the House and Senate, but
the bill regulating photo monitoring did not pass. The bill to allow the
Planning Commission and Board of Zoning Appeals the same flexibility
that the Board of Supervisors has to alternate dates in the event of
weather cancellations or other emergencies has passed both houses. Mr.
Barnett noted the seat belt bill was defeated.
COUNTY
ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds
reminded the Board of the following upcoming work sessions and meetings:
March 4 5:30 p.m. Yorktown
Design Guidelines
7:00 p.m. Regular
Meeting
March 6 7:00
p.m. Joint Meeting with the Industrial Development Authority
March 11 6:00
p.m. Budget Work Session
March 13 7:00
p.m. Public Hearing on FY04 Budget and Tax Rates
March 18 7:00
p.m. Regular Meeting
March 20 6:00
p.m. Budget Work Session
March 25 6:00
p.m. Budget Work Session
March 26 7:00
p.m. Joint Meeting with the Chairs of York County’s
Boards and Commissions
March 27 6:00
p.m. (Tentative) Budget Work Session
April 1
5:30 p.m. Budget Work Session
7:00
p.m. Regular Meeting (Adoption of FY04 Budget)
MATTERS PRESENTED
BY THE BOARD
Mrs. Noll
stated the celebration of Black History Month was successful. She noted
she had attended Charter Day at the College of William & Mary and also
attended a meeting at Hampton University to discuss transit alternatives
for light rail. She noted she also attended a meeting in Williamsburg
regarding the 2007 celebrations, and stated citizens will be encouraged
to provide input as the date gets closer.
Mr. Zaremba
commented on recent newspaper articles discussing development and growth
on the Peninsula, specifically within the County. He stated that some of
the articles supported growth in subdivisions, but mostly there was
opposition to development. The articles were trying to get at solutions
to growth, and the impression given was that the Board was allowing
development throughout the county. He stated those developments could
not be prevented by the Board; he then explained the Comprehensive Plan
and what that plan meant for the County. He explained that the original
projection called for in the plan was for 120,000-130,000 people to make
up the population in the County. He stated after review of the plan, the
cap on growth went from a population of 120,000 to 80,000. He reminded
citizens of their right to become involved directly or indirectly in the
planning through their Board of Supervisors’ representative. He also
reminded citizens of ways to pay for development, one of which is
revenue that is generated from economic development in the County. He
spoke on the development in the Williamsburg area, and pointed out that
it was Colonial Williamsburg who sold the land to Busch Gardens and
began much of the development along with the change of character in that
area.
Mr. Shepperd
spoke on the problems with flooding in the County, including the ongoing
problems in the District 5 area, and the subsequent establishment of a
Stormwater Advisory Committee to identify problem areas. He pointed out
the County will be contributing $1 million towards the Moore’s Creek
project to help resolve some of the problems with drainage in Running
Man, Woodlake Crossing, and areas in that vicinity.
Chairman Burgett
stated he gave the opening remarks for Black History Month that was held
in York Hall and that the four-day program was a success. During the
program, he stated he presented a proclamation to honor Dr. Blanton, the
first African-American doctor in the Williamsburg area, and he spoke of
some of Dr. Blanton’s accomplishments. He spoke on the York County
Chamber of Commerce’s after-hours function in York Hall, noting that the
Chamber has replaced the York County Business Association. He noted he
had attended a joint meeting with the York County Planning Commission,
and he stated the Board was normally in agreement with the Planning
Commission. He announced that Congresswoman Jo Ann Davis had secured
$500,000 for the Yorktown projects to be used for transportation,
parking lots, and roads. Chairman Burgett mentioned the Board’s retreat,
stating it was an effort to streamline and prioritize items coming
before the Board.
Recess:
At 7:53 p.m. Chairman Burgett declared a short recess.
Reconvene:
At 8:00 p.m. the meeting was reconvened in open session by order of the
Chair.
PUBLIC HEARINGS
PROPOSED
SECONDARDY ROAD IMPROVEMENT PLAN, FY2004 THROUGH FY2009
Mr. J. Mark Carter ,
Planning and Zoning Manager, made a presentation on the proposed
Secondary Road Improvement Plan for FY2004 through FY2009. He stated the
public hearing is a joint hearing conducted with VDOT and is required by
law. He briefly explained the proposed changes for some of the projects
which include Lakeside Drive, Dare Road, Big Bethel Road, Ft. Eustis
Boulevard, Penniman Road, Cary’s Chapel Road, and Water Country Parkway.
He explained that these were essentially the same roads that have been
listed in the Six-Year Plan for many years.
Mr. Zaremba
asked about the cost for Waller Mill Trail bikeway and the previously
projected allocations for projects that didn’t make the cut due state’s
budget shortfall. He stated there were hundreds of thousands of dollars
difference in what was allocated.
Mr. Carter
stated the total cost of the bikeway was $275,000 with a requirement for
the locality to match 20 percent of that cost. The Board has done that
through previous allocations in the Secondary Road Funds, and $9,000
will complete the 20 percent match requirement.
Mr. Shepperd
stated there was still a requirement for over $700,000 to complete the
project on Big Bethel Road.
Chairman Burgett
pointed out that a lot of money was already invested in many of the
projects.
Mr. Wiggins
stated the program was not as beneficial to Seaford Road as it could be,
but he acknowledged that there isn’t any money to do it any other way.
Chairman Burgett
then called to order a public hearing on the proposed Secondary Road
Improvement Plan which was duly advertised as required by law.
Ms. Edna Haggerty,
403 Timberline Loop, appeared before the Board to discuss the road
problems adjacent to the Rainbrook Villa subdivision. She voiced her
concerns over the Burts Road/Grafton Drive project that has been
eliminated from the plan and expressed the importance of the road to the
citizens of that area. She addressed the safety hazards of the Grafton
Drive/Route 17 intersection and requested that a "No Right Turn On Red"
sign be installed.
Mr. Joe Haggerty,
403 Timberline Loop, also appeared to emphasize the importance of Burts
Road/Grafton Drive to the community.
Mr. Paul Garman,
109 Chisman Point Road, appeared to represent the developers of the
Rainbrook Villa area. He told the Board that Grafton Drive and Burts
Road should stay on the road improvement plan and gave the reasons why
those roads should be improved. He explained that Rainbrook Villas
functions with a temporary entrance, and the primary reason for the road
to stay on the list was safety.
There being no
one else present who wished to speak concerning the proposed Secondary
Road Improvement Plan, Chairman Burgett closed the public
hearing.
Mr. Wiggins
asked Mr. Hicks if he had investigated the Burts Road situation.
Mr. Hicks
advised the Board that he had looked at the road, and it was a concern
to him. He stated it was unfortunate that no money was available right
now, and he was not comfortable estimating when the project might get
done.
Mr. Zaremba
asked if a "No Turn On Red" sign could be installed.
Mr. Hicks
stated he would strongly consider the sign.
Mr. Shepperd
discussed the lack of funds to complete the road projects, and pointed
out that many people are asking for other projects. He stated the money
has to be spread out among the projects, particularly to those areas
that may be dangerous.
Chairman Burgett
reiterated the fact that the money is just not there, and they will have
to do the best with what they have to work with while continuing to look
for ways to find money to solve the problems.
Mrs. Noll
then made a motion to adopt the proposed Secondary Road Improvement
Plan, FY2004 through FY2009 as submitted.
On roll call
the vote was:
Yea: (5) Zaremba, Noll,
Wiggins, Shepperd, Burgett
Nay: (0)
APPLICATION NO. UP-610-02
(amended), KENNETH DALE MOORE
Mr. Carter
made a presentation on Application No. UP-610-02 to approve a use permit
authorizing the establishment of a mini-storage warehouse facility on a
2.6-acre portion of a 6.3-acre parcel of land located on Hampton Highway
approximately 900 feet east of the intersection of Hampton Highway and
Big Bethel Road. He explained that the property was designated as
General Business, and that both the staff and the Planning Commission
had recommended denial of the project. He noted this was the second time
the application has been presented for the Board’s consideration.
Mr. Zaremba
asked what might be a better use of the property.
Mr. Carter
indicated that some of the other uses might be retail space or office
type uses. He stated the applicant had information that the property may
not be suitable for retail space.
Chairman Burgett
indicated there are 112 uses for general business within the County.
Mr. Shepperd
asked if a gas station or a fast-food facility could be developed on the
property.
Mr. Carter
affirmed that a gas station or a fast-food facility could locate on the
property with a use permit.
Mrs. Noll
spoke of it being the last large piece of property on Route 134, and she
suggested that perhaps it could be divided into two pieces. She asked
about the size of the property and if, after the storage facility was
added, a gas station could still be added.
Mr. Lamont Myers,
representing the applicant and the property owner, appeared to answer
any of the Board’s questions regarding the application. He cited
examples of the applicant’s intended use of the property, and encouraged
the Board to approve the application. He stated that self-storage is a
use that is needed very badly in this area, and he opined that the
general business designation for this area was never intended to support
uses with a regional draw or regional shopping center. It was always
intended to serve the needs of the local population.
Mr. Zaremba
stated if the request was to use the parcel of land for another strip
mall, he would be very opposed. He stated there were already more strip
malls than the County needed, and he also questioned why someone would
want to rent office space in that area.
Mr. Shepperd
stated the area is rather sensitive because it consists of residential
areas with few businesses. He indicated he was concerned with the impact
on traffic in that area, but he pointed out that this type of business
generates the least amount of traffic. He then addressed the aesthetic
design proposal and stated he felt the applicant had gone the extra mile
in that area. He also addressed his concerns concerning abandoned
businesses throughout the County, noting he felt this business was
sustainable.
Mrs. Noll
stated she had wrestled with this application, but she commended the
applicant on the design of a good product. She acknowledged that this
parcel was the last large parcel in that area, and that Route 134 was a
major commuter corridor. She stated she did not feel this was the best
use of the property on a major corridor, noting she felt these types of
businesses should be on side streets. She mentioned that she liked the
product very much, but would like to see the business located elsewhere.
Mr. Wiggins
explained that there was a need for storage facilities in the area, and
he realized the need for citizens to have access to those facilities. He
stated he felt that there may not be a better location for such a
facility, and he expressed his support for the project.
Chairman Burgett
reiterated that there were 112 permitted uses in this district, and that
there were many good projects that could go there. He stated he had
conducted some tax comparisons on various possible facilities, and in an
office facility some of those businesses would be providing jobs,
thereby creating more wealth in our community. He stated the storage
facility would not make a major tax contribution and that the Board did
not want to sell the property short. He pointed out that this was the
same proposal that had been modified and presented for approval two
times, and he still was not in favor of the application.
Chairman Burgett
then called to order a public hearing on Application No. UP-610-02 that
was duly advertised as required by law. Proposed Resolution R03-17is
entitled:
A
RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE
ESTABLISHMENT OF A MINI-STORAGE WAREHOUSE FACILITY ON 2.6 ACRES
ALONG ROUTE 134
There being no
one present who wished to speak concerning the subject application,
Chairman Burgett closed the public hearing.
Mr. Wiggins
then moved the adoption of proposed Resolution R03-17 that reads:
A
RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE
ESTABLISHMENT OF A MINI-STORAGE WAREHOUSE FACILITY ON 2.6 ACRES
ALONG ROUTE 134
WHEREAS,
Kenneth Dale Moore has submitted Application No. UP-610-02 (amended),
which requests a Special Use Permit, pursuant to Section 24.1-306
(Category 14, No. 6) of the York County Zoning Ordinance, to authorize
the establishment of a mini-storage warehouse facility on a 2.6-acre
portion of a parcel located on Hampton Highway (Route 134) and further
identified as Assessor’s Parcel No. 37-158; and
WHEREAS, said
application has been referred to the York County Planning Commission in
accordance with applicable procedure; and
WHEREAS, the
Planning Commission recommends denial 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 has carefully considered the public comments and Planning
Commission recommendation with respect to this application;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this the 18th
day of February, 2003 that Application No. UP-610-02 (amended) be, and
it is hereby, approved to authorize the establishment of a mini-storage
facility on 2.6 acres along Hampton Highway (Route 134) subject to the
following conditions:
- This use permit shall
authorize the establishment of a mini-storage warehouse facility on
2.6 acres of a 6.3-acre parcel of land located along Hampton Highway
(Route 134) and further identified as Assessor’s Parcel No. 37-158.
A site plan prepared in
accordance with the provisions of Article V of the York County Zoning
Ordinance shall be submitted to and approved by the York County
Department of Environmental and Development Services, Division of
Development and Compliance, prior to the commencement of any
construction or land disturbing activities on the site. Except as
modified herein, said site plan shall be in substantial conformance
with the sketch plan entitled "Revised Sketch Plan: Proposed Self
Storage Facility, Hampton Highway (Alt. #2)," prepared by Campbell
Land Surveying, Inc. and dated December 6, 2002.
The mini-storage warehouse
facility shall be developed and operated in accordance with the
standards set forth in Section 24.1-483, Standards for all
wholesaling and warehouse uses, and Section 24.1-484, Standards
for mini-storage warehouses, of the York County Zoning Ordinance.
A Type 25 (twenty-five-foot)
transitional buffer shall be constructed and maintained along the
entire rear portion of the 2.6-acre parcel, adjacent to the Belmont
Apartment complex. Landscape plantings in the Type 25 buffer shall be
in accordance with the planting requirements and ratios for a Type 35
(35’) buffer.
A ten-foot (10’) landscape
yard shall be provided along the parcel’s northern boundary where it
abuts the two adjacent parcels located along Hampton Highway
(Assessor’s Parcel Nos. 37-157B and 37-157D. Landscape plantings in
this landscape yard shall be in accordance with the planting
requirements and ratios for a Type 25 (25’) buffer.
A thirty-five-foot (35')
greenbelt buffer shall be maintained along the entire frontage of the
development in accordance with 24.1-245, Greenbelts, of the
York County Zoning Ordinance.
The hours of operation of
the facility shall be limited to 6:00 a.m. to 9:00 p.m. daily.
A single commercial entrance
to Route 134 shall serve the entire 6.3-acre site, regardless of any
future subdivision. The applicant shall accomplish this through the
recordation of a ten-foot (10’) restricted access easement along the
entire Hampton Highway frontage of the subject parcel exclusive of the
proposed entrance depicted on the referenced sketch plan.
All outward-facing walls
shall be constructed of split-face block and shall be compatible in
color and architecture with the adjacent Wash-Moore car wash facility
and Belmont Apartment complex.
Freestanding signage for the
development shall be limited to one ground-mounted monument type sign.
Said sign shall be constructed of brick or split-faced block material
and shall be compatible in color and architecture with the rest of the
development.
The development shall be
limited to a maximum of 50,300 net square feet of rentable space.
All warehouse doors shall
face the inside of the mini-storage warehouse development. No
warehouse doors shall be sited along or in the exterior façade of the
mini-storage warehouse development.
Fencing shall be of a black,
wrought iron style. The use of chain link or similar theft-deterrent
wire (i.e., barbed wire, razor wire, etc.) anywhere on the property
shall not be permitted.
Building height shall be no
greater than fifteen feet (15'), as measured from the finish grade,
except for any gables on the decorative facade, which may be no
greater than thirty feet (30'), as measured from the finish grade.
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: (3) Wiggins, Shepperd,
Zaremba
Nay: (2) Noll, Burgett
APPLICATION NO.
UP-614-03, COLUMBIAN COUNCIL 7469
Mr. Carter
made a presentation on Application No. UP-614-03 requesting an amendment
to a previously approved use permit granted for a Knights of Columbus
meeting hall located at 8729 George Washington Memorial Highway with
regard to a reduction of landscaping and an extension of the time period
to comply with conditions of approval. He stated the Planning Commission
recognized that this organization had made many improvements to the
property, but that both staff and the Commission felt that five years
was an adequate period of time for at least some degree of compliance
with the use permit conditions. He stated the Planning Commission
recommended that the applicant be allowed an additional six months for
installation of the parking, entrance and the landscaping. The
Commission recognized that it may take longer than six months to make
the arrangements, so a condition has been proposed that would allow the
Zoning Administrator to extend that time for an additional six-month
period. The Commission also recommended the immediate installation of
the landscaping in the rear of the property. He explained that staff
recommended approval of the Planning Commission’s recommendation through
the adoption of proposed Resolution R03-19, with the stipulation that
only one six-month extension be allowed, or a maximum extension of one
year for compliance. He also noted that the property was currently for
sale.
Mr. Shepperd
questioned what would happen if the applicant did not conform.
Mr. Carter
stated it would be a violation that would need to be pursued through the
normal zoning compliance efforts, which could eventually result in the
County and the property owner appearing before a judge.
Mr. Zaremba
pointed out that they were not now in compliance.
Mr. Carter
stated the County had been very lenient in terms of enforcing the
provisions of the original use permit requirement that indicated some
progress should be made on the landscaping incrementally through the
five-year period.
Mrs. Noll
asked if there was any effort previously on the applicant’s part to
comply.
Mr. Carter
stated other than filing and getting the site plan approved, there had
not been any landscaping installed and no paved parking lot installed.
Mr. Wiggins
asked if the applicants thought the new entrance would be put in after
the widening of Route 17 which will not take place now.
Mr. Carter
stated the applicants were officially unaware that the project had been
dropped.
Chairman Burgett
addressed the previous Special Use Permit and pointed out that the
requirement was that the landscape plan would be phased in at no less
than 20 percent per year, over a five-year period from the date of
issuance of the permit, and the pavement of the parking lot would have
to be completed prior to the end of the five-year period.
Discussion
ensued on the application.
Mr. Martin Fisher,
108 Old Dominion Road, Vice-President of The Columbian Council 7469,
appeared to answer any questions the Board may have. He reviewed many of
the problems the Council encountered after it purchased the building. He
stated after purchasing the property and beginning the site plan
approval process, the Council realized why no one else wanted to buy the
property. Mr. Fisher explained that the project became too costly due to
the problems with the property.
Chairman Burgett
then called to order a public hearing on Application No. UP-614-03 that
was duly advertised as required by law. Proposed Resolution R03-19 is
entitled:
A
RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AMEND THE
CONDITIONS ESTABLISHED BY RESOLUTION NO. R97-125, APPLICABLE TO
THE PROPERTY LOCATED AT 8729 GEORGE WASHINGTON MEMORIAL HIGHWAY
Mr. Dick Ambrose,
205 Marl Ravine Road, appeared to speak on behalf of The Columbian
Council and explained that he has an office building across from the
applicant, and he was sympathetic with the Council’s problems to meet
all the site improvements. He stated that the paving and landscaping at
his office cost as much as the building did, but it did not add any
value to his property. He pointed out that the County did not need
another vacant building on Route 17, and he encouraged the Board to work
with the applicants.
There being no
one else present who wished to speak concerning the subject application,
Chairman Burgett closed the public hearing.
Mr. Zaremba
stated he was confused as to why the parking lot had to be paved, but he
suggested the Board allow the applicant some more time. He pointed out
that the applicant was not precluded from installing the landscaping. He
also voiced his concerns with the applicant’s desire to sell the
property.
Mr. Wiggins
stated this organization was a very worthwhile organization, and he had
a lot of compassion for the members. He realized they could not rely on
donated money in a non-profit organization. He stated he was willing to
give them the extra time they needed and hoped they would not have to
sell the property.
Mrs. Noll
stated her concern over the applicant not living up to the previous
agreement, and she questioned why the applicant had not contacted the
County before now. She then agreed with Mr. Zaremba that some
landscaping needed to be planted very soon. She was not sure she wanted
to agree with the full year, but she was willing to give the applicant
another six-month extension.
Mr. Shepperd
agreed that the Knights were a great group, but he was concerned if the
Board approved the application, that they still may not fix the
problems. He stated that staff needed to fix the loophole in the zoning
requirements.
Chairman Burgett
asked Mr. Carter if the County was asking The Knights of Columbus to do
anything different than any citizen going out and buying property on
Route 17 and establishing a business.
Mr. Carter
stated this was a little more restrictive, because of the use permit
conditions, than in some cases where businesses are reoccupied with
existing gravel parking lots. He indicated that in 1997 when the permit
was issued it was considered important to have the parking lot paved.
Mr. Carter offered a suggestion for a change in the wording of the
proposed resolution to amend Condition Number 3 to read "Completion of
the parking lot as indicated on the above referenced approved site plan,
or other such revised site plan approved in accordance with Zoning
Ordinance regulations, shall be completed within six months from the
date of approval of this special use permit by the Board of
Supervisors." He said this change would eliminate the absolute
requirement for paving and would allow it to be considered consistently
with other re-occupancy situations.
By consensus,
the Board agreed to the proposed change.
Mrs. Noll
then moved the adoption of proposed Resolution R03-19(R) which reads:
A
RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AMEND THE
CONDITIONS ESTABLISHED BY RESOLUTION NO. R97-125, APPLICABLE TO
THE PROPERTY LOCATED AT 8729 GEORGE WASHINGTON MEMORIAL HIGHWAY
WHEREAS
Columbian Council 7469, Inc., has submitted Application No
UP-614-03 to request an amendment of the conditions established by
Resolution No. R97-125 applicable to the property located at 8729 George
Washington Memorial Highway (Route 17) and further identified as
Assessor’s Parcel No. 24A-1-5; and
WHEREAS, said
application has been referred 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 has carefully considered the public comments and Planning
Commission recommendation with respect to this application;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this the 18th
day of February, 2003 that Application No. UP-614-03 be, and it is
hereby, approved to amend the conditions established by Resolution No.
R97-125 applicable to the property located at 8729 George Washington
Memorial Highway (Route 17) and further identified as Assessor’s Parcel
No. 24A-1-5; subject to the following conditions:
- This special use permit
shall authorize the continuation of a meeting hall pursuant to Section
24.1-306 (Category 4, Number 1) of the Zoning Ordinance at 8729 George
Washington Memorial Highway, further identified as Assessor’s Parcel
No. 24A-1-5.
Landscaping as indicated on
the site plan titled "Modified Site Plan & Facility Landscape Plan for
Columbian Council 7469," dated 7/11/97, and approved by the York
County Director of Environmental & Development Services on March 3,
1998, or other such revised site plan approved in accordance with
Zoning Ordinance regulations, shall be installed within six months
from the date of approval of this special use permit by the Board of
Supervisors.
Completion of the parking
lot as indicated on the above referenced approved site plan, or other
such revised site plan approved in accordance with Zoning Ordinance
regulations, shall be completed within six months from the date of
approval of this special use permit by the Board of Supervisors.
The entrance to the property
shall be upgraded to meet current Virginia Department of
Transportation standards for commercial entrances within six months
from the date of approval of this special use permit by the Board of
Supervisors.
Except for members of the
Columbian Council 7469 and their service providers, vehicular access
to the rear parking area shall be prohibited.
Hours of operation and all
activities shall cease by midnight.
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
For good cause shown, the
Zoning Administrator may authorize an extension of the six-month term
for compliance specified in Condition Nos. 2, 3 or 4 above.
Authorization of any additional time for compliance shall not exceed
six (6) months, and shall require a finding by the Zoning
Administrator that the applicant has diligently pursued compliance by
preparing and filing any site plan amendment requests, by responding
to any requirements for revision, by pursuing all necessary approvals
and permits from VDOT for the commercial entrance, and/or by
diligently pursuing construction of the improvements shown on the
existing approved site plan or those shown on an approved revision.
The Zoning Administrator may consider extenuating circumstances such
as an extended site plan review period beyond the control of the
applicant, as well as time required to pursue in good faith the
possibility of a joint commercial entrance with the adjoining property
to the north. Consideration of additional time for compliance with
landscaping requirements shall be limited to those portions of the
site dependent on the final location, design and construction of the
commercial entrance.
BE IT FURTHER
RESOLVED that the conditions stated above shall supercede the conditions
listed in Resolution No. R97-125, as applied to the above-referenced
parcel.
On roll call
the vote was:
Yea: (5) Wiggins, Shepperd,
Zaremba, Noll, Burgett
Nay: (0)
UNFINISHED
BUSINESS
APPLICATION NO.
UP-612-03, CARL AND KAREN BERQUIST
Mr. Carter
made a presentation on Application No. UP-612-03 requesting a Special
Use Permit to authorize a detached accessory apartment at Catesby Lane.
Mr. Carter pointed out a change in the Board’s material, explaining that
the house was found to be 1,819 square feet rather than 1,679 feet as
stated in the Board’s information packet. The Planning Commission has
recommended that the application be treated under the existing set of
requirements rather than the new requirements.
Mr. Zaremba
then moved the adoption of proposed Resolution
R03-5(R) which reads:
A
RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A
DETACHED ACCESSORY APARTMENT AT 469 CATESBY LANE
WHEREAS, Carl
Richard and Karen K. Berquist have submitted Application No. UP-612-03
to request a special use permit, pursuant to Section 24.1-407(c) of the
York County Zoning Ordinance, to authorize a detached accessory
apartment in conjunction with a single-family detached dwelling on
property located at 469 Catesby Lane and further identified as
Assessor’s Parcel No. 10C-4-D-95; and
WHEREAS, said
application has been referred 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 has carefully considered the public comments and Planning
Commission recommendation with respect to this application;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this the 18th
day of February, 2003 that Application No. UP-612-03 be, and it is
hereby, approved to authorize a detached accessory apartment in
conjunction with a single-family detached dwelling subject to the
following conditions:
1. This use
permit shall authorize a detached accessory apartment in conjunction
with a single-family detached dwelling on property located at 469
Catesby Lane and further identified as Assessor’s Parcel No.
10C-4-D-95.
2. Building
plans for the accessory apartment 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 related to the accessory apartment
use on the site. Said plans shall be in conformance with elevation
plans submitted by the applicant and received by the Planning
Division on October 29, 2002 and floor plans received on November
25, 2002, and revised on February 5, 2003. A Certificate of
Occupancy for the apartment must be issued prior to establishing
residence in the building.
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 750 square
feet.
5. The
accessory apartment unit shall contain no more than one (1) bedroom.
6. Adequate
provisions shall be made for off-street parking of motor vehicles in
such a fashion as to be compatible with the character of the
single-family residence and adjacent properties.
7. 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. The accessory apartment
shall not be served by a separate electrical service meter.
8. 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: (5) Shepperd, Zaremba,
Noll, Wiggins, Burgett
Nay: (0)
CONSENT CALENDAR
Mrs. Noll
moved that the Consent Calendar be approved as submitted, Item Nos. 5,
6, 7, 8, 9, 10 and 11, respectively,
On roll call
the vote was:
Yea: (5) Zaremba, Noll,
Wiggins, Shepperd, Burgett
Nay: (0)
Thereupon, the
following minutes were approved and resolutions adopted:
Item No. 5. APPROVAL OF
MINUTES.
The minutes of
the following meeting of the York County Board of Supervisors were
approved:
January 21, 2003, Regular
Meeting
January 28, 2003, Adjourned
Meeting
Item No. 6. REIMBURSEMENT OF
BOND PROCEEDS: SCHOOL CAPITAL PROJECTS: Resolution R03-14.
A
RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY DECLARING
ITS INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE
TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE
MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND
EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS
WHEREAS, the
County of York, Virginia (the "County") is a political subdivision
organized and existing under the laws of the Commonwealth of Virginia;
and
WHEREAS, the
Board of Supervisors of the County (the "Board") expects to pay or
expects that the York County School Board will pay, after the date
hereof, certain expenditures (the "Expenditures") in connection with the
acquisition, construction, and/or equipping of capital improvements for
school projects (the "Project"); and
WHEREAS, the
Board has determined that any moneys previously advanced no more than
sixty (60) days prior to the date hereof, and those moneys to be
advanced on and after the date hereof to pay the Expenditures, are
available only for a temporary period and it is necessary to reimburse
the County or the York County School Board for the Expenditures from the
proceeds of one or more issues of tax-exempt bonds ("Bonds");
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 18th
day of February, 2003, as follows:
Section 1. The
Board adopts this declaration of official intent under Treasury
Regulation Section 1.150-2.
Section 2. The
Board reasonably expects to reimburse advances made or to be made by the
County or the York County School Board on and after that date which is
no more than sixty (60) days prior to the date hereof to pay the
Expenditures with respect to the Projects. The maximum principal amount
of the Bonds expected to be issued for the Projects is $6,050,000.
Section 3. The
County will make a reimbursement allocation, which is a written
allocation by the County that evidences the County’s use of proceeds of
the Bonds to reimburse an Expenditure, no later than eighteen (18)
months after the later of the date on which the Expenditure is paid or
the Project is placed in service or abandoned, but in no event more than
three (3) years after the date on which the Expenditure itself is paid.
The County recognizes that exceptions are available for certain
"preliminary expenditures," costs of issuance, certain de minimis
amounts, expenditures by "small issuers" (based on the year of issuance
and not the year of expenditure) and expenditures for construction
projects of at least five (5) years.
Section 4. This
resolution shall take effect immediately upon its passage.
Item No. 7. PURCHASE
AUTHORIZATION: Resolution R03-29.
A
RESOLUTION TO AUTHORIZE THE PURCHASE OF A DUMP TRUCK
WHEREAS, it is
the policy of the Board of Supervisors that all procurements of goods
and services by the County involving the expenditure of $30,000 or more
be submitted to the Board for its review and approval; and
WHEREAS, the
County Administrator has determined that the following procurement is
necessary and desirable, that it involves the expenditure of $30,000 or
more, and that all applicable laws, ordinances, and regulations have
been complied with;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 18th
day of February, 2003, that the County Administrator be, and hereby is,
authorized to execute procurement arrangements for the following :
AMOUNT
Dump truck, International
4300 $57,999
Item No. 8. OFF DUTY
EMPLOYMENT OF DEPUTY SHERIFFS: Resolution R03-32.
A
RESOLUTION TO APPROPRIATE $60,819 FOR THE OFF-DUTY EMPLOYMENT BY
DEPUTY SHERIFFS PROGRAM
WHEREAS, on
July 16, 2002, the Board of Supervisors adopted an ordinance to
authorize the off-duty employment by deputy sheriffs; and
WHEREAS,
requests made to the York County Sheriff for the employment of off-duty
sheriffs has generated $60,818.75 in revenues;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 18th
day of February, 2003, that $60,819 be, and hereby is, appropriated in
the General Fund to cover the costs of the off-duty employment by deputy
sheriffs program.
BE IT FURTHER
RESOLVED that additional funds received for the off-duty employment by
deputy sheriffs program be, and hereby are, appropriated in the General
Fund to cover the costs of the program.
Item No. 9. FINANCING OF
FIRE AND LIFE SAFETY EQUIPMENT: Resolution R03-30.
A
RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY DECLARING
ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR
MORE FINANCINGS FOR THE ACQUISITION OF FIRE AND LIFE SAFETY
EQUIPMENT
WHEREAS, the
County of York, Virginia (the "County") is a political subdivision
organized and existing under the laws of the Commonwealth of Virginia;
and
WHEREAS, the
Board of Supervisors of the County (the "Board") has determined that it
may be necessary or desirable to advance money to pay the costs of
acquiring certain fire and life safety equipment (the "Equipment);
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 18th
day of February, 2003, as follows:
Section 1. The
Board adopts this declaration of official intent under Treasury
Regulation Section 1.150-2.
Section 2. The
Board reasonably expects to reimburse advances made or to be made by the
County on and after that date which is no more than sixty (60) days
prior to the date hereof to pay the costs of acquiring the Equipment
from the proceeds of its debt or other financings. The maximum amount of
debt or other financing expected to be issued in one or more series for
the Equipment is $1,945,000.
Section 3. This
resolution shall take effect immediately upon its adoption.
Item No. 10. FINANCING OF
RADIO COMMUNICATIONS SYTEM: Resolution R03-31.
A
RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY DECLARING
ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR
MORE FINANCINGS TO UPGRADE THE COMMUNICATIONS SYSTEM
WHEREAS, the
County of York, Virginia (the "County") is a political subdivision
organized and existing under the laws of the Commonwealth of Virginia;
and
WHEREAS, the
Board of Supervisors of the County (the "Board") has determined that it
may be necessary or desirable to advance money to pay for a portion of
the costs to upgrade the communications system (the "System");
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this 18th
day of February, 2003, as follows:
Section 1. The
Board adopts this declaration of official intent under Treasury
Regulation Section 1.150-2.
Section 2. The
Board reasonably expects to reimburse advances made or to be made by the
County on and after that date which is no more than sixty (60) days
prior to the date hereof to pay the costs of acquiring the System from
the proceeds of its debt or other financings. The maximum amount of debt
or other financing expected to be issued in one or more series for the
System is $5,000,000.
Section 3. This
resolution shall take effect immediately upon its adoption.
Item No. 11. COMMENDATION OF
BOBBY L. TANNER: Resolution R03-34.
A
RESOLUTION TO COMMEND BOBBY L. TANNER, EROSION AND CONTROL
INSPECTOR, ON THE OCCASION OF HIS RETIREMENT
WHEREAS, Bobby
L. Tanner, began employment August 13, 1979, and on March 1, 2003, is
retiring from his present position as Erosion and Control Inspector
after 23½ years of service; and
WHEREAS, Mr.
Tanner’s services and considerable talents helped to improve the quality
of life for the residents of York County; and
WHEREAS, Mr.
Tanner worked diligently to assure that the citizens of the County were
well informed; and
WHEREAS, Mr.
Tanner during his years with the Division of Utilities Engineering and
Operations was dedicated to insuring that the long term needs of the
County’s sanitary sewer infrastructure was met by developers through his
planning and plan review responsibilities;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors, that Bobby L.
Tanner be, and hereby is, commended for his commitment throughout the
past 23½ years.
BE IT FURTHER
RESOLVED that at this time of his retirement, an expression of
appreciation be conveyed to Mr. Tanner on behalf of the County of York.
BE IT STILL
FURTHER RESOLVED that the Board of Supervisors offers the very best
wishes to him for a pleasurable retirement.
CLOSED MEETING.
At 10:18 p.m. Mr. Shepperd moved that the meeting be convened in
Closed Meeting pursuant to Section 2.2-3711(a)(1) of the Code of
Virginia pertaining to appointments to Boards and Commissions; Section
2.2-3711(a)(3) pertaining to real property used for a public purpose,
specifically pertaining to the acquisition of real property for a public
purpose.
On roll call
the vote was:
Yea: (5) Noll, Wiggins,
Shepperd, Zaremba, Burgett
Nay: (0)
Meeting Reconvened.
At 10:40 p.m. the meeting was reconvened in open session by order of the
Chair.
Mr. Shepperd
moved the adoption of proposed Resolution SR-1 that reads:
A
RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF INFORMATION
ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the
York County 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,
Section 2.2-3711.1 of the Code of Virginia requires a certification by
the York County Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this the 18th day
of February, 2003, hereby certifies that, to the best of each member’s
knowledge, (1) only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the closed
meeting to which this certification resolution applies, and (2) only
such public business matters as were identified in the motion convening
the closed meeting were heard, discussed, or considered by the York
County Board of Supervisors.
On roll call
the vote was:
Yea: (5) Wiggins, Shepperd,
Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENT TO
THE INDUSTRIAL DEVELOPMENT AUTHORITY
Chairman Burgett
moved the adoption of proposed Resolution R03-33 which reads:
A
RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
WHEREAS, on
January 23, 2003, Dennis Holbrook passed away and his position on the
York County Industrial Development Authority became vacant;
NOW, THEREFORE,
BE IT RESOLVED by the York County Board of Supervisors this the 18th
day of February, 2003, that H. J. Coxton be, and he is hereby appointed
to the York County Industrial Development Authority to fill the
unexpired term of Dennis Holbrook, such term to expire on June 30, 2003,
and to serve a term of four years, such term to begin July 1, 2003, and
expire June 30, 2007.
On roll call
the vote was:
Yea: (5) Shepperd, Zaremba,
Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned.
At 10:43 p.m. Mr. Zaremba moved that the meeting be adjourned
sine die
On roll call the vote was:
Yea: (5) Zaremba, Noll,
Wiggins, Shepperd, Burgett
Nay: (0)
_______________________________
________________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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