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Board of Supervisors'
Meeting Minutes
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Regular
Meeting
March 4, 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 7:02 p.m.,
Tuesday, March 4, 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, Donald E.
Wiggins, James S. Burgett, and Thomas G. Shepperd.
Sheila S. Noll was absent.
Also in attendance were James O. McReynolds,
County Administrator; and James E. Barnett, County Attorney.
Invocation .
Courtney Rosso, York County Youth Commission, gave the Invocation.
Pledge of Allegiance to the Flag of the United
States of America. Chairman Burgett led the Pledge of
Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS
AND COMMISSIONS
Chairman Burgett and Vice Chairman Shepperd
introduced and welcomed the following newly appointed members to York
County Boards and Commissions and presented them with Boards and
Commissions Handbooks and York County pins:
A. T. Hamilton Planning Commission
James R. Bailey Board of Building Code Appeals
John J. Griffith Board of Building Code Appeals
Barbara G. Rollins Historical Committee
Patricia T. Sparrer Historical Committee
COMMENDATION OF FORMER MEMBERS OF THE YORK COUNTY
BOARD OF BUILDING CODE APPEALS
Vice Chairman Shepperd read a citation
to George Morledge and Robert Criner, two former members of the York
County Board of Building Code Appeals, commending them for their service
to the Board, and Chairman Burgett presented them with bound and
sealed copies of Resolution R03-24 which was adopted on February 4,
2003.
YORK COUNTY YOUTH COMMISSION
Miss Tatiana Chaterji, Secretary of the
York County Youth Commission, presented the Commission’s 3rd
quarterly report to the Board of Supervisors. She indicated the
Commission has been involved in three special events—the third annual
countywide trip to Wintergreen, they hosted the annual valentine bingo
party at the Senior Center of York, and they attended and participated
in the Neighborhood’s Conference at James City County where over 50
youth attended the workshops. She announced that the Virginia Department
of Health will be providing the Youth Commission a $10,000 grant for
Right Choices for Youth—a risk avoidance program for alcohol, drugs,
sex, and violence. She stated the Commissioners look forward to
conducting another adopt-a-highway cleanup and hosting a talent show and
battle of the bands. She noted the Commission will assist the Historical
Committee with the Zweibrucken Exchange Program this year. Miss Chaterji
noted that applications for next year's Youth Commission are out, and
she encouraged interested youth ages 13 to 18 to apply.
YOUTH COMMISSION SURVEY
Miss Arrion Dennis made a presentation
on the 2002 survey conducted by the Youth Commission which explored the
views and concerns of York County’s students. She spoke of the survey
components, and reviewed several of the survey questions and the survey
results. The survey showed that more students are participating in
extracurricular activities, and use of internet has risen from 33
percent to 73 percent. She then reviewed questions on the survey
concerning life in York County and services provided by the County. She
also reviewed some of the short answer questions which resulted in
comments such as "there’s nothing to do in the County." There were also
various concerns voiced by the students over traffic congestion in the
County. She then summarized the recommendations by the Youth Commission
due to the survey results.
PROPOSED FISCAL YEAR 2004 OPERATING BUDGET
Mr. McReynolds presented to the Board
of Supervisors the proposed FY2004 Budget, and he reviewed the General
Fund budget issues impacting the budget which included:
No tax rate increase
School funding
Employee compensation
State funding
He discussed projected General Fund revenues by
source which indicates a local revenue increase of $4.45 million or 5.8
percent over FY2003, which can be attributed to growth in the real and
personal property tax bases, as well as strong sales tax growth. The
rate of population growth in the County has slowed, and is expected to
grow by about 1 percent with 60,600 people residing in York County in
July of 2004. This lower population growth is the result of the steps
taken by the Board to manage growth through changes in the zoning
densities that will lower the County’s ultimate population to
approximately 80,000. School enrollment is up 17.2 percent since 1994,
and a small increase in the student population is expected over the
FY2003 figure, going from an actual enrollment of 12,300 in FY2003 to
12,500 in FY2004. During calendar year 2002, 498 new housing units were
completed in the County, and construction is expected to continue at a
slightly slower pace during 2003. Education is by far the largest single
expenditure and priority in the General Fund taking 46 percent of its
total. The School Board was initially told it could expect an increase
of $1.2 million in the local contribution for education, but it was now
being recommended that an additional $254,200 be provided to support the
School Division. Mr. McReynolds then reviewed the decline in state
funding and the increase in local funding for the school system over the
past years. He then noted that originally there were no new positions
recommended for FY2004; but because staff now has a better feel for the
County’s revenue position, he is now proposing 5 new General Fund
positions—three firefighters and two dispatchers, as well as recommended
compensation cost increases due to step adjustments and a 2 percent
market adjustment. He briefly reviewed the non-personnel increases
amounting to $598,300, and noted that it was recommend that the
contingency reserve be returned to its normal funding. In summary, Mr.
McReynolds stated that over the past years, population growth,
additional school and other programs, and declining federal and state
support have greatly raised the demand on County resources, although the
proposed budget maintains tax rates at their current levels.
Mr. Zaremba asked what the County’s
goal is regarding commercial tax revenue as a percentage of local
revenue. Currently 46 percent of the County’s entire tax revenue is
generated by business.
Mr. McReynolds stated the Comprehensive
Plan has set a goal of about 50 percent, and the County has been close
over the past decade.
Discussion followed concerning the legality of
setting caps on population in a locality.
CITIZENS COMMENT PERIOD
Mr. Arthur Mallory, representing the
York-James City County NAACP, stated he was invited by Mr. Wiggins this
evening. He noted that Mr. Wiggins happened to attend a luncheon where
he made a few comments about what the NAACP does, and Mr. Wiggins asked
him to attend the meeting and speak briefly. He stated he was very
impressed with the Youth Commission and its quarterly report, and was
very proud of Arrion Dennis. He stated York County is part of the
York-James City County branch of the NAACP located at McLaws Circle,
Williamsburg. Mr. Mallory stated the branch has about 582 members, and 6
percent is non-minority. He stated one of the most recent initiatives
the branch had was a community summit on February 1 where there were
representatives from York County Social Services. He spoke of other
initiatives of the branch such as education and voter registration.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett had nothing to report at
this time.
PUBLIC HEARINGS
APPLICATION NO. UP-615-03, JOSEPH R. SMITH
Mr. J. Mark Carter, Assistant County
Administrator, made a presentation on Application No. UP-615-03
requesting a use permit to authorize a forestry operation on property
located at 590 Taliaferro Road (Route 666). He stated this was an
after-the-fact request, noting that timbering has already taken place.
The Planning Commission reviewed the application and recommends approval
of the application. Staff also recommends approval through the adoption
of proposed Resolution R03-42. Mr. Carter noted there is also a 10-foot
utility easement along the northern side of the driveway which provides
an easement to service this lot, and he recommend that condition No. 9
be amended to include the utility easement.
Mr. Wiggins asked if there was a house
on the property.
Mr. Carter stated there was, and Mr.
Burnette has upgraded his driveway and done some maintenance on it. Mr.
Burnette has requested that the log landing area be placed on the site
up close to Taliaferro Road so there would not be a need for the trucks
to drive as far on the road. Mr. Carter stated it would be a wise move
because the least distance the trucks drive on it, the shorter distance
the applicant will be required to maintain.
Mr. Joseph R. Smith, the applicant,
stated his grandfather settled on this property in 1916, and his father
lived there from 1956 to 1971. He stated that upon his father’s passing
he moved in to consolidate the property. He stated his future plans for
the property are to create a family subdivision so his children and
grandchildren can have decent homes in the County. Mr. Smith stated he
was with the military and then with the US Postal Service. In 1989,
after retiring from the Postal Service, he had the job for landscaping
York County schools and learned a lot about the County during this time.
He stated he did not expect the County’s administration to come after
him with a hostile attitude regarding the timbering, and he told them he
was willing to abide by any lawful rules and codes the County had. After
stopping the timbering operation, Mr. Smith stated he applied for a use
permit and a timbering plan. Mr. Smith asked the Board to release the
logs already piled on the property to go to the mill so that the
timbering operator can be paid for his labor and he can make the
necessary corrections to the property and move on.
Chairman Burgett then called to order a
public hearing on Application No. UP-615-03 which was duly advertised as
required by law. Proposed Resolution R03-42(R) is entitled:
A RESOLUTION TO APPROVE A SPECIAL USE
PERMIT TO AUTHORIZE A FORESTRY OPERATION ON 590 TALIAFERRO ROAD
(ROUTE 666)
Mr. Russell A. Burnette, 588 Taliaferro
Road, stated he was present to make sure his rights were protected as a
land owner and that the access to his home is taken care of so he can
get in and out. He stated some timber was cut on his property, and he is
hoping he will be reimbursed. He stated he just wanted to let the Board
know that he’s concerned about damage to his property and to ask that
the Board take into consideration the suggestion of moving the loading
zone out further to save wear and tear on the road.
There being no one else present who wished to
speak concerning the subject application, Chairman Burgett closed
the public hearing.
Mr. Zaremba asked how the County
precludes this after-the-fact situation from recurring.
Mr. Carter stated that many zoning
enforcement issues are made aware to County staff by a citizen call or
complaint. He noted that in the past there have been instances of
recurring violations, and staff has done articles in Citizens News
and York News to publicize. Mr. Carter stated it is probably time
with timbering to get the word out.
Mr. Zaremba stated that while some may
be informed that this particular violation was ultimately okayed by the
Board, they may not know the actual cost to Mr. Smith. He indicated this
type of problem needs to be reinforced through the County’s public
relations capability.
Mr. Wiggins asked Mr. Burnette if Mr.
Carter’s recommendation satisfied him.
Mr. Burnette stated it did regarding
the loading zone and damages to his property.
Mr. Shepperd indicated he was not sure
he understands the buffer along the road and property, considering they
are wooded. He asked if it is a privately owned road and what purpose it
serves.
Mr. Carter stated it is to protect the
adjacent property owners, to provide some buffering for the adjacent
properties. Under the definitions in the Zoning Ordinance, these are
side and rear property lines which require buffers.
Discussion followed regarding the buffer
requirements in the use permit.
Mr. Zaremba then moved the adoption of
proposed Resolution R03-42(R) that reads:
A RESOLUTION TO APPROVE A SPECIAL USE
PERMIT TO AUTHORIZE A FORESTRY OPERATION ON 590 TALIAFERRO ROAD
(ROUTE 666)
WHEREAS, Joseph R. Smith has submitted Application
No. UP-615-03 to request a Special Use Permit, pursuant to Section
24.1-306 (category 2, number 10) of the York County Zoning Ordinance, to
authorize a forestry operation to be conducted on approximately 10.3
acres located on the north side of Taliaferro Road (Route 666)
approximately 1100 feet east of its intersection with Old Williamsburg
Road (Route 238) and further identified as Assessor’s Parcel No. 17-3-1;
and
WHEREAS, said application has been forwarded to
the York County Planning Commission in accordance with applicable
procedure; and
WHEREAS, the Planning Commission has conducted a
duly advertised public hearing on this application and has recommended
approval, subject to conditions; and
WHEREAS, the Board has carefully considered the
Commission’s recommendation and has determined that approval of a
Special Use Permit would be appropriate;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this the 4th day of March, 2003, that it
does hereby approve Application No. UP-615-03, subject to the following
conditions:
- This special use permit shall authorize a forestry operation to
be conducted on approximately 10.3 acres located on the north side of
Taliaferro Road (Route 666) approximately 1100 feet east of its
intersection with Old Williamsburg Road (Route 238) and further
identified as Assessor’s Parcel No. 17-3-1.
All activities shall comply with Sections 24.1-419,
Standards for Forestry Operations, and 24.1-376, Watershed
Management and Protection Area Overlay District, of the York
County Zoning Ordinance.
A revised forest management plan incorporating the conditions
of this use permit shall be submitted to and approved by the Zoning
Administrator and the Virginia Department of Forestry prior to the
continuation of the forestry operation.
An impact study prepared in accordance with the provisions of
Section 24.1- 376(f) of the York County Zoning Ordinance shall be
submitted to and approved by the Zoning Administrator prior to the
continuation of any timber harvesting activity on the property.
An Erosion and Sediment Control Plan prepared in accordance
with the provisions of Chapter 10 of the York County Code, Erosion
and Sediment Control, shall be submitted to and approved by the
County prior to the continuation of any timber harvesting activity on
the property.
All forestry activities on the site shall be conducted in
accordance with the guidelines set forth in the Virginia Department of
Forestry’s Forestry Best Management Practices for Water Quality in
Virginia Technical Guide (3rd Edition).
All areas of bare soil resulting from the harvest shall be
stabilized through revegetation in accordance with the guidelines set
forth in the Virginia Department of Forestry’s Forestry Best
Management Practices for Water Quality in Virginia Technical Guide
(3rd Edition). This revegetation shall immediately follow
the conclusion of timber harvest activity on the property.
Notwithstanding recommendations of guidelines referenced in
Condition Nos. 6 and 7 above, immediately following the conclusion of
timber harvest activity on the property, all trees removed within the
200-foot tributary stream (Baptist Run) buffer and the 25-foot eastern
side yard buffer shall be replaced with trees having a minimum 2½"
caliper planting size. In accordance with Section 24.1-376(e)(2) of
the Zoning Ordinance, the Zoning Administrator may approve a reduction
of the 200-foot buffer to a minimum of 50 feet based on findings of
the approved impact study required in Condition No. 4 above.
A 25-foot wide buffer shall be established bordering the
15-foot access easement and 10-foot utility easement located along the
southern and eastern property boundaries. This buffer area shall be
revegetated immediately following the conclusion of timber harvest
activity on the property in accordance with planting specifications
set forth in Section 24.1-243(a)(1) of the Zoning Ordinance.
Immediately following the conclusion of harvest activity on the
property, all trees removed from the eastern abutting property (588
Taliaferro Road, Assessor’s Map No. 17-3-2) shall be replaced with
equivalent species having a minimum 2½" caliper planting size.
Evidence of written approval by the property owner to replace removed
trees shall be submitted to the County prior to replanting. Inability
to secure such approval shall not be deemed a violation of this
condition.
In areas outside of the tributary stream buffer, all harvested
timber, logs, tree branches, limbs, dead and damaged trees, and
associated debris shall be removed from the site upon completion of
the timber harvest. Further timbering activity within the stream
buffer shall not be permitted, except for needed revegetation and
other erosion and sediment control measures deemed necessary by the
Zoning Administrator.
The timbering operation shall be conducted in a manner to
preclude damage to the existing gravel access road abutting the
property’s southern boundary, and any damage to the road resulting
from the forestry operation shall be repaired without delay. The
applicant shall be responsible for upgrading the road prior to
continuation of timber harvesting activity if deemed necessary by the
Zoning Administrator to accommodate heavy equipment used in the
timbering operation.
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) Zaremba, Wiggins, Shepperd, Burgett
Nay: (0)
APPLICATION NO. ZT-72-03, YORK COUNTY BOARD OF
SUPERVISORS
Mr. Carter made a presentation on
Application No. ZT-72-03 to amend the York County Zoning Ordinance to
revise the regulations and performance standards applicable to accessory
apartments. He stated that not shown on the initial proposed ordinance
is Mr. Burgett’s suggestion that utility billing must be to a single
party. He indicated a condition has been inserted in the proposed
revised ordinance to address this. The Planning Commission considered
the application and recommend approval, and staff recommends approval
through the adoption of proposed Ordinance No. 03-8(R).
Chairman Burgett then called to order a
public hearing on Application No. ZT-72-03 which was duly advertised as
required by law. Proposed Ordinance No. 03-8(R) is entitled:
AN ORDINANCE TO AMEND THE YORK COUNTY ZONING ORDINANCE
(CHAPTER 24.1, ZONING, YORK COUNTY CODE) TO REVISE THE
REGULATIONS AND PERFORMANCE STANDARDS APPLICABLE TO ACCESSORY
APARTMENTS
There being no one present who wished to speak
concerning the subject application, Chairman Burgett closed the
public hearing.
Mr. Shepperd moved the adoption of
proposed Ordinance No. 03-8(R) that reads:
AN ORDINANCE TO AMEND THE YORK COUNTY
ZONING ORDINANCE (CHAPTER 24.1, ZONING, YORK COUNTY CODE) TO
REVISE THE REGULATIONS AND PERFORMANCE STANDARDS APPLICABLE TO
ACCESSORY APARTMENTS
WHEREAS, the York County Board of Supervisors has
sponsored Application No. ZT-72-03 to allow consideration of amendments
to accessory apartment provisions contained in the York County Zoning
Ordinance; and
WHEREAS, the proposed amendments have been
referred to the York County Planning Commission for review and public
hearing in accordance with required procedures; and
WHEREAS, the Commission has recommended approval
of the application; and
WHEREAS, the Board has considered the
recommendations of the Commission and has determined that amendment of
the County’s accessory apartment provisions would be appropriate and
consistent with good zoning practice.
NOW, THEREFORE, BE IT ORDAINED by the York County
Board of Supervisors this the 4th day of March, 2003, that it
does hereby approve the following amendments to the York County Zoning
Ordinance (Chapter 24.1, York County Code):
***
Sec. 24.1-104. Definitions
- Dwelling, accessory unit/apartment. A separate and complete
housekeeping unit which provides complete and independent living,
sleeping, and sanitation facilities, and which may or may not include
permanent cooking facilities. Such unit may be contained within or
outside of a primary residence but is clearly secondary to a primary
single-family dwelling located on the same lot. When in a detached
structure, the presence of a habitable room or rooms, as defined by
the Virginia Uniform Statewide Building Code, including a living area
and a bathroom with sink, toilet and tub or shower shall be considered
to constitute an accessory apartment. When such habitable space is a
part of the principal structure on the property, the presence of an
independent entrance, a bathroom with sink, toilet, and tub/shower,
and physical separation (by walls or floors) from the principal
residence shall be deemed to constitute an accessory apartment.
***
Sec. 24.1-306. Table of land uses
|
P=PERMITTED USE
S=PERMITTED BY SPECIAL USE PERMIT |
RESIDENTIAL DISTRICTS |
COMMERCIAL AND
INDUSTRIAL DISTRICTS |
| |
RC |
RR |
R20 |
R13 |
R7 |
RMF |
NB |
LB |
GB |
WCI |
EO |
IL |
IG |
|
USES |
CATEGORY 1 - RESIDENTIAL USES |
|
1. Residential - Conventional
a) Single-Family, Detached |
P |
P |
P |
P |
|
S |
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b) Single-Family, Attached
• Duplex |
|
|
|
S |
|
P |
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|
• Townhouse |
|
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|
P |
|
|
|
|
|
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• Multiplex |
|
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P |
|
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c) Multi-Family |
|
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P |
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d) Manufactured Home
(Permanent) |
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P |
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2. Residential (Cluster Techniques Open
Space Development)
a) Single-Family, Detached |
P |
P |
P |
P |
|
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b) Single-Family, Attached
• Duplex |
S |
S |
S |
S |
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3. Apartment Accessory to Single-Family
Detached |
(1) |
(1) |
(1) |
(1) |
|
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4. Manufactured Home
Park |
|
|
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|
S |
|
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5. Boarding House |
|
S |
|
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|
S |
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6. Tourist Home, Bed
and Breakfast |
|
S |
S |
S |
|
S |
|
P |
P |
|
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|
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7. Group Home (for
more than 8 occupants) |
|
S |
S |
S |
|
S |
|
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8. Transitional Home |
|
S |
S |
S |
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S |
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(1) Refer to Section 24.1-407 for
accessory apartment location and performance standards
Sec. 24.1-407 .
Standards for accessory apartments in conjunction with
single-family detached dwellings.
(a) Not more than one (1) accessory apartment
may be permitted in conjunction with a single-family detached
dwelling.
(b) Accessory apartments may be considered and
authorized in accordance with the following schedule/procedures:
- Accessory apartments not exceeding 600 square feet or 25% of
the floor area of the principal structure, whichever is less, and
attached to the principal structure (the single-family detached
dwelling unit), shall be permitted as a matter of right in the RC,
RR, R20 and R13 zoning districts. Attached accessory apartments in
excess of the 600 square feet/25% limitation, but not exceeding 800
square feet or 35% of the floor area of the principal structure,
whichever is less, may be authorized by special use permit in the
RC, RR, R20 and R13 zoning districts.
Accessory apartments proposed in detached structures in the
RC, RR, R20 or R13 zoning districts shall require authorization by
special use permit and shall not exceed 800 square feet or 35% of
the principal structure floor area, whichever is less.
Notwithstanding the above limitations, on property in the RC
or RR zoning districts which is at least twice as large as the
applicable conventional development (i.e., not a "cluster"
development) minimum lot size for that district/property, or on
property in the R20 zoning district which is at least four times as
large, an attached or detached accessory apartment shall be
permitted as a matter of right provided that it does not exceed 800
square feet or 35% of the principal structure floor area, whichever
is less. Upon authorization by special use permit, the maximum size
of an accessory apartment on such property may be increased to 1,000
square feet or 49% of the floor area of the principal structure,
whichever is less.
(c) Access to an accessory apartment whether
in the principal structure or in a detached accessory structure,
shall be designed so that the premises continues to have the
appearance from the principal street frontage of one single family
detached dwelling unit and its customary accessory structures. No
new entrance to accommodate an accessory apartment shall be
installed on the front façade (facing the street) of an existing or
proposed principal structure. The applicant shall be responsible for
submitting sketches and/or plans to demonstrate compliance with this
condition.
(d) For the purposes of determining allowable
floor area for an accessory apartment, all "habitable space," as
defined and determined under the terms of the Building Code, shall
be included in the calculation and shall be considered a part of the
apartment. Space which does not meet the "habitable" criteria shall
not be counted in floor area calculations for the accessory
apartment
(e) Notwithstanding the provisions of Section
24.1-273(c) of this chapter, for the purposes of this section, the
term "attached" shall be construed to require connection by
enclosed, heated, habitable space. Structures which are merely
attached by a wall or roof construction, or which are within ten
(10) feet of the principal structure shall not be considered
"attached."
(f) The maximum number of bedrooms in an accessory
apartment shall be one (1).
(g) 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.
(h) Approval of accessory apartments shall be
contingent upon prior certification by the health department that
any on-site water supply and sewage treatment facilities are
adequate to serve the total number of bedrooms proposed on the
property (principal and accessory).
(i) The accessory apartment shall be occupied
only by family members or guests of the occupant of the
single-family dwelling or by a bona fide medical/health caretaker or
domestic employee of the occupant of the single family dwelling. The
apartment shall not be offered to the general public (i.e.,
non-family members/non-guests) for rental or other occupancy
arrangements.
(j) All utilities
serving the accessory apartment (e.g., electric, water, sewer, gas)
shall be registered to the occupant of the principal residence.
Registration/billing of utility accounts to different parties (e.g.
the occupant of the principal residence and the occupant of the
accessory apartment) shall be prohibited, even if separate meters
for the principal residence and accessory apartment are used.
(k) Prior to issuance of a Building Permit for
the accessory apartment the property owner shall prepare and record
with the Clerk of the Circuit Court, at his expense, a deed
restriction on the property stipulating that the accessory apartment
will be used, occupied and maintained in accordance with the
above-noted restrictions and such others as may be prescribed by the
York County Board of Supervisors in approving the special use
permit. Such restrictions shall not be voided, in whole or in part,
unless specifically authorized by the County Administrator in
recognition of some subsequent change in the zoning restrictions
applicable to accessory apartments or upon removal of the accessory
apartment through demolition or alterations to the structure.
***
On roll call the vote was:
Yea: (4) Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board
members of their upcoming meeting schedule as follows:
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)
Mr. Zaremba suggested that all the
dates be placed on the website and Channel 46 so that the public will
know about them.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba asked the Board to give
some thought to considering a regional comprehensive plan with the
jurisdictions of Williamsburg and James City County. He stated that
tourism has been losing market share to other attractions, and this will
continue because every year there are more and more attractions across
the country opening. He suggested that the Board make an effort to float
the idea and do more than it’s doing now to have a collective blueprint
that would be a win-win situation for all three localities.
Mr. Wiggins stated that drainage
problems have been foremost on his mind recently. He stated the County
has had the wettest winter he could remember. He addressed VDOT's
responsibility for ditches along the side of the road, stating he has
come to the conclusion that no locality gets a fair share of VDOT money
because the money is not there. He noted that people are raking their
leaves into the ditches which clogs up the culvert pipes, and he asked
the residents not to do that and to put the leaves in bags for trash
pickup. Mr. Wiggins stated it is up to everyone in the County to help
with the drainage situation because VDOT can't do it. He stated the
staff is doing everything it can to get the drainage situation slowed
some, but it can’t be done without the help of the citizens.
Mr. Shepperd commented on the Youth
Commission survey comment that the Board of Supervisors was difficult to
contact. He stated he did not know of a member of the Board who would
tell anyone not to contact them. He asked the residents to encourage
their young folks to contact the Board if they have some information or
they need information. He noted he had a short visit with his parents in
Jacksonville, Florida, recently, and he spoke of how the attitude there
is that the Council members want to be anonymous. He stated it was good
to get home to York County where people know who their representatives
are and that they are working for the citizens.
Chairman Burgett stated he and his wife
and Mrs. Noll attended the grand opening of Northside Church of Christ
Community Center, noting that the church has been in operation for 104
years. He stated that in this morning's paper it stated that 138 houses
have been approved in Colony Pines off of Denbigh Blvd. He indicated it
was only half the story; the development was approved by a previous
Board of Supervisors for 404 houses. The developer ran into wetlands
problems, and this 138 houses is the first phase. He noted the total
will be about 250, which are already counted in the County’s
Comprehensive Plan. Chairman Burgett stated the Board has been getting
emails about the School Board’s decision for all-day kindergarten and an
addition to Grafton High School. He explained that matters dealing with
the Schools are strictly School Board matters, and citizens need to
contact the School Board members. He stated this Board gives about half
the County budget to the School Division, and the School Board and
School Division make the decisions on how those resources are spent.
Chairman Burgett stated this Board has always supported education, and
will continue to do everything it can.
CONSENT CALENDAR
Mr. Shepperd moved that the Consent
Calendar be approved as submitted.
On roll call the vote was:
Yea: (4) Shepperd, Zaremba, Wiggins, Burgett
Nay: (0)
Thereupon, the following minutes were approved and
resolutions adopted:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meetings of the York
County Board of Supervisors were approved:
February 4, 2003, Regular Meeting
February 11, 2003, Adjourned Meeting
Item No. 4. COMMENDATION OF THE YORK LIONS CLUB:
Resolution R03-36
A RESOLUTION TO RECOGNIZE AND COMMEND THE
YORK LIONS CLUB ON THE OCCASION OF THE 50TH
ANNIVERSARY OF ITS CHARTER
WHEREAS, the York Lions were
sponsored by the Poquoson Lions Club and were chartered on May 2, 1953;
and
WHEREAS, the York Lions have and continue to
personally and financially support York County schools and youth
programs; and
WHEREAS, the York Lions, in conjunction with York
County Social Services, provide assistance to the visual and hearing
impaired by obtaining free medical attention, glasses, or hearing aids;
and
WHEREAS, the York Lions have served and provided
assistance to the less fortunate of York County for 50 years;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this the 4th day of March, 2003, that
the York Lions Club be, and it is hereby recognized and commended for 50
years of service to the citizens of York County.
BE IT FURTHER RESOLVED that on the anniversary of
50 years of service, it is fitting to recognize the thousands of hours
contributed by the past and present members of the York Lions Club, and
the York County Board of Supervisors does hereby express its heartfelt
appreciation to the membership on behalf of the citizens of York County.
Item No. 5. PURCHASE AUTHORIZATION: Resolution
R03-38.
A RESOLUTION TO AUTHORIZE THE PROCUREMENT
OF SERVICES FOR THE REHABILITATION OF WELL #4 (LIGHTFOOT).
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 4th day of March, 2003, that the
County Administrator be, and hereby is, authorized to execute
procurement arrangements for the following:
AMOUNT
Rehabilitation of Well #4 (Emergency
Purchase) $42,855
Item No. 6. ROUTE 199 FORCE MAIN: Resolution
R03-39.
A RESOLUTION TO PERMIT THE INSTALLATION OF
A COUNTY SANITARY SEWER FORCE MAIN WITHIN A PORTION OF THE
VIRGINIA DEPARTMENT OF TRANSPORTATION ROUTE 199 LIMITED ACCESS
RIGHT-OF-WAY
WHEREAS, The Virginia Department of Transportation
has granted permission to the County to install a 10" sanitary sewer
force main within the terminal end of the Route 199 Limited Access
Right-of-Way, provided that the County shall agree to relocate the force
main as required by VDOT should the widening of the highway be
necessary; and
WHEREAS, the Board agrees that it will be the
responsibility of the County to relocate the force main should VDOT ever
widen Route 199 from four lanes to six lanes in the area adjacent to the
force main;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this 4th day of March, 2003, that in
consideration of the permission granted by VDOT for the installation of
the above-referenced force main within a portion of the Route 199
Limited Access Right-of-Way, the Board agrees that the County shall
relocate the force main at its own cost in the event that the highway is
widened from four to six lanes within that part of the right-of-way
wherein the force main has been installed.
Item No. 7. YORKTOWN VILLAGE ACTIVITY DISTRICT
ACCESSORY STRUCTURE APPROVAL—PLUMLEY: Resolution R03-37.
A RESOLUTION TO APPROVE THE REQUEST OF
SELDON PLUMLEY FOR THE CONSTRUCTION OF A DETACHED ACCESSORY
STORAGE BUILDING ON PROPERTY LOCATED AT 220 CHURCH STREET IN
YORKTOWN
WHEREAS, Mr. Seldon Plumley submitted Application
No. YVA-18-03 requesting permission to construct an accessory storage
building on property located at 220 Church Street (Marl Inn Bed and
Breakfast site) in Yorktown; and
WHEREAS, pursuant to Section 24.1-327(b)(3) of the
York County Zoning Ordinance (YVA-Yorktown Village Activity District),
such requests may be approved by the Board of Supervisors by resolution;
and
WHEREAS, the location and design of the proposed
storage building will be compatible with adjacent properties and
structures;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this the 4th day of March, 2003, that
the request of Seldon Plumley for the construction of an accessory
storage building on property located at 220 Church Street, as described
in the County Administrator’s report to the Board dated February 20,
2003, be, and it is hereby, approved.
Item No. 8. UTILITY LICENSE AGREEMENT—CHASE/BUCKANIN:
Resolution R03-35.
A RESOLUTION TO AUTHORIZE THE COUNTY
ADMINISTRATOR TO ENTER INTO A LICENSE AGREEMENT WITH RHONDA M.
CHASE AND ROBERT M. BUCKANIN FOR UTILITY ACCESS ACROSS AN
UNIMPROVED PORTION OF A DEDICATED ROADWAY
WHEREAS, Rhonda M. Chase and
Robert M. Buckanin are the owners of property along an unimproved
portion of Bay Tree Beach Road having a street address of 1101 and 1103
Bay Tree Beach Road; and
WHEREAS, Rhonda M. Chase and
Robert M. Buckanin desire to obtain the right to install private water
lines and other utilities along a portion of the unimproved portion of
Bay Tree Beach Road as shown on two plats dated January 16, 1967,
attached to the County Attorney's Report to the Board dated February 10,
2003; and
WHEREAS, Rhonda M. Chase and
Robert M. Buckanin have proposed to the County a license agreement, by
which they shall be granted such access, provided that the license
agreement shall be nonexclusive; and
WHEREAS, it has been
determined that entering into such license agreement benefits the public
welfare and is not adverse to the County's interests.
NOW, THEREFORE, BE IT
RESOLVED by the York County Board of Supervisors this 4th day
of March, 2003, that the County Administrator be, and is hereby
authorized, for and on behalf of the Board to enter into a license
agreement whereby Rhonda M. Chase and Robert M. Buckanin shall be
granted utility access along that unimproved portion of Bay Tree Beach
Road as shown on the above-referenced plats, provided that such license
shall be nonexclusive, such agreement to be substantially similar in
form to the draft agreement transmitted to the Board by report of the
County Attorney dated February 10, 2003, such license agreement to be
approved as to form by the County Attorney.
Item No. 9. DONATION OF SURPLUS LIBRARY BOOKS:
Resolution R03-44.
A RESOLUTION TO DONATE TO THE YORK COUNTY
FRIENDS OF THE LIBRARY CERTAIN LIBRARY BOOKS WHICH HAVE BEEN
DEEMED TO BE SURPLUS
WHEREAS, the head librarian
for York County has determined that a number of library books are
surplus and should be disposed of as surplus property; and
WHEREAS, the York County
Friends of the Library has for many years supported the operation of the
County's library system through financial contributions and the donation
of volunteer service time; and
WHEREAS, this Board deems it
to be in the public interest that the books currently identified by the
head librarian as surplus books should be donated to the Friends of the
Library for sale to the public or for such other uses as the Friends of
the Library deems appropriate.
NOW, THEREFORE, BE IT
RESOLVED by the York County Board of Supervisors this 4th day
of March, 2003, pursuant to Code of Virginia § 15.2-953, that those
library books currently identified by the head librarian as being
surplus shall be donated to the York County Friends of the Library to be
sold or otherwise disposed of in such manner as the Friends of the
Library deems most advantageous for the charitable purposes for which it
was formed.
Item No. 10. PENINSULA LIGHT RAIL PROJECT:
Resolution R03-43.
A RESOLUTION TO INDICATE SUPPORT OF THE
SELECTION OF THE LOCALLY PREFERRED ALTERNATIVE FOR RAIL TRANSIT
ON THE PENINSULA
WHEREAS, several years ago the CSX Major
Investment Study (MIS) investigated potential transportation
improvements in the travel corridor generally along the CSX rail
right-of-way and linking the downtown activity centers of Williamsburg,
Newport News and Hampton with a Locally Preferred Alternative (LPA) of
expanded bus service and furthering the study of Light Rail Transit;
and,
WHEREAS, as congestion has continued to worsen,
the Peninsula Mayors and Chairs requested the Hampton Roads Planning
District Commission to reconsider the 1998 MIS LPA so as to advance the
evaluation of Light Rail with complementary bus service and the request
was approved by the Hampton Roads Metropolitan Planning Organization in
July 2000 and,
WHEREAS, the Transportation District Commission of
Hampton Roads (Hampton Roads Transit), as the designated public
transportation provider in Hampton Roads has coordinated the additional
study of light rail options and opportunities and, as the sponsoring
agency, has the responsibility to select the "Locally Preferred
Alternative" for the travel corridor; and
WHEREAS, rail transit offers the potential to
mitigate highway network congestion and to provide additional capacity
to the area’s overall transportation network; and
WHEREAS, a modern, well functioning multi-modal
transportation network will help foster economic growth and vitality in
the region by providing increased mobility and regional connectivity as
well as complementing sound land use, air quality and energy policies;
and
WHEREAS, Hampton Roads Transit, in cooperation
with the Federal Transit Administration, local jurisdictions, the
business community and the general public, has completed an Alternatives
Analysis that evaluated a number of potential rail alignments to serve
the travel corridor and has identified a preferred alignment to carry
into further detailed analysis and environmental review; and
WHEREAS, the proposal identified as the Locally
Preferred Alternative would provide for a light rail linkage between
Williamsburg and downtown Newport News generally along the CSX Railroad
right-of-way and including a connecting corridor to downtown Hampton
generally along Hampton Roads Center Parkway; and
WHEREAS, the York County Board of Supervisors
believes that further study and pursuit of this alternative would be in
the best interests of the citizens of the Peninsula and would contribute
toward the enhancement of the area’s transportation network.
NOW THEREFORE, BE IT RESOLVED, by the York County
Board of Supervisors, this the 4th day of March, 2003, that
it does hereby support the pursuit of improved public transportation
services on the Peninsula as presented in the CSX Corridor Major
Investment Study and the Peninsula Rail Transit Project Alternatives
Analysis.
BE IT FURTHER RESOLVED that the Board supports the
selection of the Locally Preferred Alternative and further detailed
environmental and conceptual engineering evaluation of the corridor
between Williamsburg and Downtown Newport News (including the Southeast
sector) generally along the CSX railroad right-of-way, including and
connecting with a corridor generally along Hampton Roads Center Parkway
to Downtown Hampton.
BE IT STILL FURTHER RESOLVED that the Board
supports inclusion of the Locally Preferred Alternative in the Hampton
Roads Regional Long Range Transportation Plan.
NEW BUSINESS
SUBLEASE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF YORK COUNTY
Mr. Barnett made a presentation on
proposed Resolution R03-9 to authorize the execution of an agreement of
lease and sublease with the Industrial Development Authority (IDA) of
York County for certain property owned by the County, or leased to the
County by the Trustees of the Town of York, and located on the Yorktown
waterfront. He stated this is a slight modification of an agreement of
the lease with the IDA brought to the Board before. It is an agreement
to lease the waterfront property owned by the County and York Town
Trustees with which the County has a development agreement.
Mr. Zaremba asked how long the
timeframe for the lease is.
Mr. Barnett stated it is for the same
time that the joint agreement with the York Town Trustees is in effect.
Mr. Zaremba asked what kind of
interaction is called for between the IDA and the Board of Supervisors.
Mr. Barnett stated language was added
that requires approval by the Board for any leases the IDA enters.
Mr. McReynolds noted that after
consultation with the Board, the County Administrator may execute the
agreements.
Discussion followed concerning a termination
clause.
Mr. Zaremba then moved the adoption of
proposed Resolution R03-9(R) that reads:
A RESOLUTION AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE AN AGREEMENT OF LEASE AND SUBLEASE WITH
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF YORK COUNTY FOR CERTAIN
PROPERTY OWNED BY THE COUNTY, OR LEASED TO THE COUNTY BY THE
TRUSTEES OF THE TOWN OF YORK, AND LOCATED ON THE YORKTOWN
WATERFRONT
WHEREAS, by a deed recorded
as Instrument No. 020005495, the Board acquired title to various parcels
of land in Yorktown, Virginia, including but not limited to York County
Tax Map Parcels 18A-1-11B, 18A-1-11D, 18A-1-7B, 18A-1-146, 18A-1-147,
18A-1-144A, 18A-1-145A, 18A-1-144, 18A-1-145, and 18A-9-A1; and
WHEREAS, the Trustees of the Town of York (the
"Trustees") have entered into a certain joint agreement dated May 7,
2001, subsequently amended, whereby property belonging to said Trustees,
including York County Tax Map Parcels 18A-8-A and 18A-8-146B are to be
developed and maintained by the County, with the right of the County to
sublease said property to the Industrial Development of York County
("IDA") for development in accordance with the terms of the referenced
joint agreement; and
WHEREAS, the County intends to acquire a certain
unopened portion of Martiau Street lying between York County Tax Map
Parcels 18A-1-7B, and Tax Map Parcels 18A-1-146 and 18A-1-147, and also
a 20' strip of land currently owned by the Commonwealth of Virginia and
lying across a portion of York County Tax Map Parcel 18A-1-11D; and
WHEREAS, the County desires to lease or sublease
to the IDA all or part of the property described above to facilitate the
development of all of the above described property consistent with the
joint agreement of May 7, 2001, as amended.
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this 4th day of March, 2003, that the
County Administrator is authorized to execute an agreement of lease and
sublease with the IDA for all of the above described property, for a
nominal rent not to exceed $1.00 per year, provided that the IDA shall
be obligated by the terms of the agreement of lease and sublease to
perform all of the County's obligations as set out in the said joint
agreement, such agreement of lease and sublease to be approved as to
form by the County Attorney.
On roll call the vote was:
Yea: (4) Zaremba, Wiggins, Shepperd, Burgett
Nay: (0)
CLOSED MEETING. At 9:11 p.m. Mr.
Shepperd moved that the meeting be convened in Closed Meeting
pursuant to Section 2.2-3711(a)(3) of the Code of Virginia pertaining to
the acquisition of property to be used for a public purpose; and Section
2.2-3711(a)(5) pertaining to business or industry where no announcement
has yet been made.
On roll call the vote was:
Yea: (4) Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
Meeting Reconvened. At 9:38 p.m. the
meeting was reconvened in open session by order of the Chair.
Mr. Wiggins 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 4th day of March, 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: (4) Shepperd, Zaremba, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 9:40 p.m. Mr.
Shepperd moved that the meeting be adjourned to 7:00 p.m., Thursday,
March 6, 2003, in the Nile Room, Nick’s Seafood Pavilion, Yorktown, for
the purpose of conducting a joint meeting with the Industrial
Development Authority of York County.
On roll call the vote was:
Yea: (4) Zaremba, 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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