Board of Supervisors October 27,2020 Sheet 1 October 27, 2020 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, OCTOBER 27, 2020, BEGINNINGAT630P-M.BYZOOM VIDEO COMMUNICATION IN ACCORDANCE WITH THE ORDINANCE ADOPTED ON MARCH 24, 2020 TO PERMIT PUBLIC BODIES OF GREENE COUNTY TO ASSEMBLE ELECTRONICALLY, TO MODIFY PUBLIC MEETING AND PUBLIC PRACTICES AND PROCEDURES, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES, AND TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE COVID-19 PANDEMIC DISASTER Present were: Bill Martin, Chair Marie Durrer, Vice Chair Steve Bowman, Member Dale Herring, Member Davis Lamb, Member Staff present: Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director ofPlanning and Zoning Melissa Meador, Director of Emergency Services Tracy Morris, Director of Finance RE: CLOSED MEETING Board approved the following: Meeting the following matter(s): Ms. Kemp read the proposed resolution for closed meeting. Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation ofspecific public officers, appointees, or employees of any public body with respect to the EDA Consultation with legal counsel pertaining to actual or probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the and Fire Study Consultants public body concerning RSA Board of Supervisors October 27, 2020 Sheet 2 Consultation with legal counsel employed or retained by a public body regarding specific WHEREAS, pursuant to: $2.2-3711 (A)(1)(A)(7) and (A)(8) ofthe Codeo ofVirginia, such NOW,THEREFORE, BEI ITI RESOLVED that thel Board ofSupervisors of Greene County legal matters requiring the provision oflegal advice by such counsel concerning RSA discussions may occur in Closed Meeting; does hereby authorize discussion oft the aforestated matters in Closed Meeting. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: APPOINTMENTS TO) ECONOMIC DEVELOPMENT AUTHORITY Upon motion by Bill Martin, second by Steve Bowman and unanimous roll call vote, the Board appointed Abbey Heflin to the Greene County Economic Development Authority to fill an unexpired term ending March 1, 2021 and for an additional term ending March 1, 2025. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. Upon motion by Bill Martin, second by Marie Durrer and unanimous roll call vote, the Board appointed Paul Reickart to the Greene County Economic Development Authority to fill an unexpired term ending March 1, 2022. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: GREENE COUNTY FIRE AND EMS STUDY Upon motion by Dale Herring, second by Steve Bowman and unanimous roll call vote, the Board authorized the County Administrator to negotiate and execute a contract with] Michael Jones ofMajor Security Consultant and Design to execute Phase 1 of the Greene County Fire and EMS Study. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Board of Supervisors October 27, 2020 Sheet 3 Motion carried. AUTHORITY RE: OUTSIDE COUNSEL - MATTERS OF LITIGATION WITH RAPIDAN SERVICE Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the Board authorized the County Administrator to negotiate and execute a contract for services ofMr. Dale Mullin, McGuire Woods, as outside counsel ini matters ofl litigation with RSA. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: OPEN MEETING Board returned to open meeting. Recorded vote: Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. By unanimous roll call vote, all members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the motion to enter into closed meeting were discussed. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes RE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ofGovernment Ordinance which allows for meetings to bel held digitally. The Chair opened the meeting with the Pledge of Allegiance followed by a moment of silence. Mr. Martin said the Board of Supervisors is operating under Greene County's Continuity RE: ADOPTION OF AGENDA Board approved the agenda as presented. Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the Board of Supervisors October 27, 2020 Sheet 4 Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: RAPPAHANNOCK BLECTRIC COOPERATIVE Mr. Oliver Price, Director ofl Member Services, introduced Mr. John Hewa, President and Mr. Hewa spoke on how REC strives to meet the needs of a growing and diverse membership. REC has 9,720 meters and maintains 1,012.99 total line miles in Greene County. He reviewed REC's COVID-19 response; reliability and responsiveness; community impact of donations, sponsorships, and scholarships; working with landowners and developers; support of tourism and commerce; diverse fuel sources including solar; and initiatives for outage text alerts, energy use information, and a new website. REC launched a fiber backbone project about a year and a half ago and since that time the need for broadband has grown. REC intends to participate in the Rural Digital Opportunity Fund option and very much wants to be part of the solution for CEOofREC. counties for broadband needs. Board members expressed their support for REC's broadband service. Mr. Martin said Greene has established our own emergency services and will be constructing a new building. There is an urgent need forj powerline/pole adjustment on the site of thei new building. Mr. Hewa said REC engineering and operation teams will work with the county on this project. Mr. Taylor said the EMS building is a CARES Act project and is time critical. RE: UPDATE ON COVID-19, AND EMERGENCY SERVICES Ms. Meador said there are 175,409 COVID cases in Virginia and 3,600 COVID related deaths. The Thomas Jefferson Health District reports 4,407 cases and 77: fatalities. Greene County has 292 COVID cases, 15 hospitalizations, and 3 COVID related deaths. The Health Department attributes the increase in cases to community spread and social gatherings. There are 4 confirmed cases in the public-school division. A COVID testing clinic will be held on Tuesday, November Emergency Services operations began on October 14 at 6 am and responded to 11 calls within the first 24 hours. Ms. Donna Dunivan has been hired as the part-time administrative Ms. Meador said an extensive grant request was submitted through the Rescue Squad Assistance Fund with 100% hardship funding requested for all projects. Staff presented a grant application to the' Thomas Jefferson EMS Council on October 14 and should know around January lofany award. Also submitted grant through REC and should know results in December. 10 at Emmanuel Christian Center in Ruckersville. assistant for the Emergency Services Department. RE: CARES ACT UPDATE Mr. Taylor said work already authorized by the Board of Supervisors is progressing. The focus is on the contract for the new rescue squad structure and details should be available at the Board of Supervisors October 27, 2020 Sheet 5 November 10th meeting. Staff is also looking at other use of the existing rescue squad building and suggestions are welcomed for use oft that space. RE: MATTERS FROM THE PUBLIC RE: CONSENT AGENDA None Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the Board approved the following consent agenda items: a. b. C. Minutes of October 13, 2020 meeting 2021 (See Attachment "A") Resolution to accept and appropriate $555,030.80 for carryover programs for FY Resolution to accept and appropriate $900.00 in grant funds from the Bulletproof Vest Partnership for the Sheriff's Office (See Attachment "B") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dalel Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: PUBLIC HEARING = BORDERLINE. LLC/SHIMP ENGINEERING TO REZONE Mr. Frydl reviewed the request from Borderline, LLC/Shimp Engineering to rezone 13.95 acres (TMP# 65-(A)-47 and 65-(A)-48) from B-3, Business Highway and High Intensity with proffers, tol R-2, Residential, and B-3, Business Highway and High Intensity, to establish a single- family cluster and commercial subdivision. The request is toi rezone 6.73 acres from B-3, Business Highway and High Intensity, tol R-2, Residential and to remove the proffers on the remaining 7.22 acres currently zoned B-3, Business Highway and High Intensity. Parcels arel located on Seminole Trail South and designated as mixed used residential on the Future Land Use Map. The developer may divide the 6.73-acre parcel into 5 individual parcels with the necessary open space required for lots utilizing private sewer and public water. Public sewer ends at the entrance to the Holly Hill subdivision. The R-2 zone would allow a duplex per parcel resulting in There are: no voluntary proffers at this time. The existing proffers approved on March 10, Thel Planning Commission recommended approval oft the application as submitted. Mr. Justin Shimp, Engineer, said each commercial lot will have its own septic system. Most commercial uses, other than restaurants, have low sewer usage. Thel back of the propertyis 13.95ACRES (RZ#20-001) up to 10 single-family homes. 2009, will become null and void ift the application is approved. not suitable for commercial development. The public hearing was opened and closed with no comments. In response to a question from Mr. Lamb, Mr. Shimp said they will probably build 4- bedroom homes. The back lot is actually open space. No comments were: received from adjoining property owners. Board of Supervisors October 27, 2020 Sheet 6 Upon motion by Stevel Bowman, second by Davis Lamb and unanimous roll call vote, the Board, in accordance with the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, approved RZ#20-001, to rezone 13.95 acres on TMP# 65-(A)-47 and 65-(A)-48 from B-3, Business Highway and High Intensity with proffers to R-2, Residential District, and B-3, Business Highway and High Intensity, to establish a single-family cluster and commercial subdivision. The existing proffers approved on March 10, 2009 will be null and void upon approval of the proposed rezoning application. (See Attachment "C") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: PUBLIC HEARING - GREENE PROPERTIES/OHN "CULLEY" BAGGETT = SPECIAL USE PERMIT FOR OUTDOOR RECREATION FACILITY- SUP#20-006 Mr. Frydl reviewed thei request from Greene Properties/John "Culley" Baggett fora Special Use Permit for an outdoor recreation facility (drive-in movie theater) as listed in Article 10-1-2.05 in the Greene County Zoning Ordinance. The request is for a 14.44-acre tract, zoned B-3, Business, located at 9386 Seminole Trail, Ruckersville, and identified on County' Tax Maps as 60- (A)-26. The applicant is requesting to develop a drive-in theater on the northern portion of the 14.44-acre parcel. The Wooly Lamb is also located on this parcel. The applicant is proposing 295 cars per movie showing and an area for a' "Sip and Toss" outdoor cornhole golf course. VDOT comments indicated the site plan would need to1 meet accessi management: standards. Based upon the submitted concept plan, adding a turn lane and closure/changing of the existing entrances will likely be required. Public water and sewer are available but the applicant is proposing to use portable facilities which the Health Department indicates is within regulations. The Planning Commission recommended approval of SUP#20-006 for outdoor recreation as listed in Article 10.1-2.05 of the Greene County Zoning Ordinance with the following a. Thej projection screen will be placed such that no images can be seen from either Route 29 The hours of operation for the events shall be limited to the hours between 8:00 a.m. to d. Sound amplification shall be limited to the time range between 8:00 a.m. and 12:00 a.m. Outdoor lighting shall not bei illuminated between the hours of 12:30 a.m. and 6:00 a.m. g. No outdoor activities other than the ninel hole' "Sip and Toss" cornhole toss golfcourse and drive-in movie theater are allowed without an amendment to the Special Use Permit h. To preserve the character of development in the area, the drive-in movie screen shall be removed if the business ceases operation for a period greater than 24 months. A conditions: or Moore Road b. The projection screen size shall not exceed 50' x 80' 12:00 a.m. (midnight) (midnight) Am maximum of295 vehicles are allowed per movie showing Board of Supervisors October 27, 2020 Sheet 7 performance bond equal tot the amount oft the cost ofremoval ofthes screen willl bei required Mr. Culley Baggett, applicant, spoke briefly on his request. Currently use a portable projector booth and screen and have mobile food vendors and toilet facilities. The use creates very Mr. Lamb questioned placement of the screen and hours of operation. Mr. Baggett said the screen will be positioned sO the movie will not be visible from Route 29 or Moore Road. He said they would like to utilize the site for more activities such as the Sip and Toss but at this point The public hearing was opened for comments. Mr. Frydl read an email received from Brett Wilson in support of the project. (See Attachment "D"). The public hearing was closed with no Mrs. Durrer clarified there would bei no access offMoore Road and asked about the number offood trucks on site. Mr. Baggett said hel has had four food trucks at current events. Mr. Baggett said he does not have any definite plans at this time for activities during the day but is open to assisting the community. Opportunities are endless at this location for activities like live events with local musicians. Mr. Frydl clarified that any other use would be evaluated for possible Mr. Martin was concerned about traffic safety and asked about the installation of a turn lane or closure of an entrance. Mr. Frydl said a site plan is required to build the permanent movie screen and all VDOT, storm water, and construction requirements would need to be completed prior to the issuance ofa certificate of occupancy. Mr. Martin asked ift the Sip and Toss involves alcohol Mr. Baggett said he may apply for an ABC license down the road but right now it would Mr. Lamb asked ifthis intersection will be changed due to a Smart Scale project. Mr. Frydl said ity will be changed in conjunction with the newi road that willl be constructed from Moore Road. Mr. Martin asked about the provision ofsound. Mr. Baggett said sound will be transmitted Upon motion by Davis Lamb, second by Dale Herring and unanimous roll call vote, the Board, in accordance with the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, approved SUP#20-006 for outdoor recreation as listed in Article 10-1-2.05 oft the Greene County Zoning Ordinance with the following conditions: (See a. The projection screen will be placed such that no images can be seen from either Route 29 The hours of operation for the events shall be limited to the hours between 8:00 a.m. to d. Sound amplification shall be limited to the time range between 8:00 a.m. and 12:00 a.m. Outdoor lighting shall not be illuminated between thel hours of 12:30 a.m. and 6:00: a.m. at site plan approval. littlei impact for the county. Mr. Justin Shimp is engineer for the project. arel limited. additional comments. amendment to the Special Use Permit or a pecal-temporay-events permit. ben non-alcoholic beverages. No outside food or beverages permitted. through the vehicleradio. Attachment "E") orl Moore Road b. The projection screen size shall not exceed 50' x 80' 12:00 a.m. (midnight) (midnight) Ar maximum of295 vehicles are allowed per movie showing Board of Supervisors October 27, 2020 Sheet 8 Noo outdoor activities other than the ninel hole "Sip and Toss" cornhole toss golfcourse and drive-in movie theater are allowed without an amendment to the Special Use Permit h. To preserve the character of development in the area, the drive-in movie screen shall be removed if the business ceases operation for a period greater than 24 months. A performance bond equal to the amount ofthe cost ofremoval oft the screen will be required at site plan approval. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: GREENE COUNTY WATER SUPPLY PROJECTUPDATE Mr. Taylor provided a summary of recent actions by Rapidan Service Authority. The County has an approved 50-year water supply plan and made an agreement with RSA in 2005 to build our future water supply infrastructure consistent with that plan. This summer, RSA approved ar motion that, effective. July 17,2020, all water availability fees in Greene County would bej paid directly to RSA prior to the initiation of any new water service and that water and sewer facility fees would no longer be billed or collected by RSA. This motion was in response to an initiative by the County to bring forward the next slate of facility fee increases that would be necessary to finance our water supply project which is critical to the future and growth of our community. RSA also sent al letter to customers on. July 24th, with misinformation about the water supply project and their knowledge of that project. The Greene County Board of Supervisors then passed ar resolution asking Orange County and Madison County tol let Greene County out of the Rapidan Service Authority partnership. The Board of Supervisors for both Orange and Madison refused that request. Madison County stated that releasing Greene County from RSA would not bei in their At the next RSA meeting, it was stated that RSA had cut ties with Greene County and passed ai resolution stating that they would no longer allow Greene Countyrepresentatives to speak or vote at RSA Board meetings. The decision to not release Greene County from the RSA partnership and then refuse to allow our representatives: to speak or vote at RSA Board meetings has placed us in a regrettable prisoner status as ai member of] RSA. Wel have no voice or vote but The County has an awful lot already invested in our water supply project. Greene County assumed $4.9 million ofRSA debt to secure the right to build our own water supply project; paid $19,000 plus a 10 percent monthly fee tol have. RSA serve as our facility fee collection agent; paid over $2.5 million to engineer the new system; paid nearly $3.5 million for property acquisition; paid nearly $8.25 to buy stream credits that are required for us to create ai reservoir; and over $9.9 million in other costs. RSA's derailment of our water supply project appears intended to either defer indefinitely or simply kill it. This would be a huge waste of Greene County's investment best interest. we're not allowed to leave. and a terrible disservice to our citizens. Board of Supervisors October 27, 2020 Sheet 9 The County has, with direction of the Board of Supervisors, filed a lawsuit against RSA. We must continue to advance our water supply project and cannot afford for RSA to waste the millions of dollars already invested. The Board authorized, earlier in the meeting, the engagement ofoutside counsel, Mr. Dale Mullin and his team at McGuire Woods, to proceed in this matter to secure the value ofinvestments already made and to see through the completion of the County's water supply plan. RE: GREENE COUNTY RESCUE SQUAD AGREEMENT Ms. Kemp said this is a service agreement to acquire assets from the Greene County Rescue Squad. The County is waiting on an audit to be provided. The agreement includes physical property such as ambulances, etc. This will be an action item on the agenda for the meeting on RE: RESOLUTION TO ACCEPT PROPERTY FROM GREENE COUNTY RESCUE Ms. Kemp said this deed of gift is for three separate parcels of property and will convey Greene County Rescue Squad real property to the County. This will be on the action agenda for November 10th. SQUAD November 10th meeting. RE: BOARDLIAISON REPORTS Mr. Bowman attended the School Board meeting on October 14th. It seems more students want to attend in person and the School is struggling with how to do that and maintain all the conditions in place. He also attended the Planning Commission meeting on October 21St where four applications were considered and approved. Mr. Lamb said he enjoyed attending the grand opening of the Visitor Center. Mr. Herring said the Emergency Services Board met and the Board should see their proposed bylaws shortly. TheTJPDCI has formed al Regional Broadband Partnership. Mr. Herring Mr. Martin said he also attended the Mayors and Chairs meeting. There were updates on legislation and initiatives, the effects of COVID-19, and use of CARES Act funds. He also attended the dedication of the Visitor Center and expressed his appreciation to all involved. attended the recent Mayors and Chairs meeting. RE: COUNTY ADMINISTRATOR UPDATE Mr. Taylor expressed his sincere appreciation and great respect to the faithful members of the volunteer Rescue Squad for their work during the transition. Their unwavering first concern The Parks and Recreation Department continues to look for different opportunities for VDOT is working on thet traffic engineering study in regards toi restriction oft through truck traffic on Route 609. Also reviewed intersections on Route 29 with Moore Road and Fredericksburg Road. Pulled crash history forl Fredericksburg Road and will be discussing options is service to our community. activities. One challenge is not having access to the school facilities. for any improvements. Board of Supervisors October 27, 2020 Sheet 10 Mr. Taylor said there was a meeting with representatives of the Town regarding Greene Commons and a plan has been submitted. RE: MONTHLY REPORTS Mr. Martin appreciated the effort by the Treasurer inj providing reports and the direction of the general and reserve funds. Mr. Bowman was concerned that the phone and internet service was down at the Solid Waste Facility. He also questioned the wide variation in oxygen levels in the gas monitoring report for the Solid Waste Facility, Landfill Permit No. 266. Mr. Taylor said he willl bring information back on both at the next meeting. RE: OTHER ITEMS FROM BOARD MEMBERS Mr. Herring said al lot of citizens continue tol have problems with Century Linki internet and its seems to be getting worse. Mr. Taylor will contact Century Link regarding service in Greene County. RE: ADJOURNN MEETING Board meeting was adjourned. Recorded vote: Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. Wb, Mad William Bryan) Martin, Chair Greene County Board of Supervisors Mark Greene 1L Clerk County Board of Supervisors Board of Supervisors October 27, 2020 Attachment "A" RESOLUTION TO APPROPRIATE FIVE HUNDRED FIFTY-FIVE1 THOUSAND THIRTY DOLLARS AND EIGHTY CENTS! FOR CARRYOVER PROGRAMS WHEREAS, the Board of Supervisors of the County of Greene, Virginia has unused WHEREAS, the following funds in the amount of five hundred fifty-five thousand thirty dollars and eighty cents ($555,030.80) need to be accepted and appropriated to the appropriated balances from fiscal year 2019-2020; and, 2020-2021 budget oft the County of Greene, Virginia: Program Land Acquisition Reservoir- - Stream Credits Water Treatment Plant - Design Amount $213,883.43 $189,881.37 $151,266.00 NOW, THEREFORE, ITI IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that five hundred fifty-five thousand thirty dollars and eighty cents ($555,030.80) be received from the above programs and be accepted and appropriated to the appropriate line items in the 2020-2021 budget of the County of Greene, Virginia. BEITFURTHER RESOLVED that the County Administrator ofthe County ofGreene, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. Adopted this 27th day of October, 2020. Motion: Second: Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb Bill Martin Davis Lamb Marie Durrer Yes_ Yes_ Yes_ Yes Yes_ a Wbek, haf. Greene County Bbard of Supervisors ATTEST: William B. Chair Martiy, MAB MarkB. Taylor, Clerk Greene County Board ofSupervisors Board of Supervisors October 27, 2020 Attachment "B" RESOLUTION TO ACCEPT AND APPROPRIATE NINE HUNDRED DOLLARS FOR OJP BULLETPROOF VEST GRANT WHEREAS, the Sheriff's Department of the County of Greene has received funding WHEREAS, the funds in the amount of nine hundred dollars ($900.00) need to be appropriated to the appropriate line item in the 2020-2021 budget of the County of Greene, for the BulletproofVest Grant; and Virginia. NOW,THEREFORE, ITIS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that nine hundred dollars ($900.00) be appropriated to the 2020- 2021 budget of the County of Greene. BEITFURTHER: RESOLVED that the County Administrator ofthe County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget to do all things necessary to give this resolution effect. Adopted this 27th day of October, 2020. Motion: Second: Recorded Vote: Steve Bowman Marie C. Durrer Dalel R. Herring Davis Lamb Bill Martin Davis Lamb Marie Durrer Yes Yes Yes Yes Yes. ATTEST: hat William Bryar/Martin, Chair Greene Counfy Board of Supervisors Mark Greene County Board of Supervisors A Board of Supervisors October 27, 2020 Attachment "C" 0-2020-002 AN ORDINANCE (0-2020-02) TO REZONE13.95 ACRES, 6.73 ACRES FROM B-3 BUSINESS HIGHWAY. AND HIGH INTENSITYTO R-2, RESIDENTIAL AND TO REMOVE THE PROFFERS ON THE REMAINING 7.22 ACRES CURRENTLY: ZONED B-3, BUSINESS HIGHWAY, ANDI HIGH INTENSITY, BEING AI PORTION OF AN83.12 ACRE PARCEL AND IDENTIFIED AS TAX MAP PARCEL TMP# 65-(A)-47A AND 65-(A)-48, OWNEDE BY WHEREAS, Borderline requests a rezone from B-3 (Business) with proffers to R-2(Residential) and B-3 Business).13.95 acres parcel identified as TMP# 65-(A)-47 and 65-(A)-48, located off of Seminole Trail WHEREAS, $15.2-1427 and 515.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend and codify ordinances or portions thereof; and WHEREAS, $15.2-2280, 515.2-2285 and 515.2-2286 oft the Code of Virginia, 1950, as amended, enables WHEREAS, the Planning Commission advertised and held ap publicl hearing on the proposed rezoning on WHEREAS, the Planning Commission on September 16, 2020 voted to recommend approval oft the WHEREAS, public necessity, convenience, general welfare, and/or good zoning practice support WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matteri ini the Greene County Record on October 15, 2020 and October 22, 2020 and WHEREAS, thei full text of this request was available for public inspection in the Greene County Administrator's Office, County Administration Building, 40 Celt Road, Stanardsville, Virginia 22973; and WHEREAS, on October 27, 2020, the Greene County Board of Supervisors held a public hearing on this NOW, THEREFORE, BE IT ORDAINED, that the Greene County Board of Supervisors hereby approves Ordinance 0-2020-002 to rezone of 13.95 acres on TMP# 65-(A)-47 and 65-(A)-481 from B-3, Business Highway and High Intensity with proffers to R-2, Residential District and B-3, Business Highway and High Intensity to establish a single-family cluster and commercial subdivision. In addition, the 6.73 acres is to be rezoned from B-3 Business Highway and High Intensity to R-2, Residential. The removal oft the proffers on the remaining 7.22 acres currently zoned B-3, Business Highway, and High Intensityi is BORDERLINE, LLC FROM B-3 WITH PROFFERS TO R-2 AND B-3. South ini the area of the Greene County/Albemarle County Line. alocalg governing body to adopt and amend zoning ordinances; and September 16, 2020, and all of those who spoke on this topic were heard; and request to rezone the subject property;and approval of this rezoning; and matter and all of those who spoke on this topic were heard. approved as submitted. 0-2020-002 ADOPTED! BY THE GREENE COUNTY BOARD OF SUPERVISORS ON OCTOBER27, 2020. Motion: Second: Votes: Martin: Lamb: Bowman: Durrer: Herring: Steve Bowman Davis Lamb Yes Yes Yes Yes Yes ATTEST: lbhaf William Bryan Martin, Chair Greene Count/Board of Supervisors MALB6 Mark B. Taylor, fierk Greene County Board of Supervisors Board of Supervisors Patti Vogt From: Sent: To: Cc: Subject: Patti, FYI Jim October 27, 2020 Attachment "D" Jim Frydl Patti Vogt BOS Monday, October 26, 2020 10:09 AM FW: Approve View Thru SUP From: Brent Wilson wilsonbdl@aol.com> Sent: Sunday, October 25, 202011:05AM To: Jim Frydl tryd@gcva.us> Subject: Approve View Thru SUP Cc: Bill Martin bmartin@gcva.us>; Dale Herring dheringegcva.us; Marie Durrer mdurreregcva.us>; Davis Lamb dlamb@gcva.us>; Steve Bowman sbowman@gcva.us,xtoadsfarm@gmail.com; Brent Wilson wisonbdl@aol.com> Jim, Please read this email at the next Supervisor meeting in support of the SUP for Culley Baggett and the View' Thru. lam Brent Wilson, al long time resident of Greene County, and asking that the Board of Supervisors approve the Special Use Permit for Culley Baggett and the View Thru Drive In Movie Theater. lam confident that Mr. Baggett will comply with all of the agencies and county requirements that are required. Ina a time of the COVID 19 pandemic, families need a safe and enjoyable place to spend time together. Adrivei in movie is a perfect way for families to get out of the house, do something fun and also stimulate the economy of Greene County. Thank you. Jim, Thanks. Brent Board of Supervisors October 27, 2020 Attachment "E" 0-2020-010 AN ORDINANCE (0-2020-010) GRANTING A SPECIAL USE PERMIT (SUP #20-006) TO GREENE PROPERTIES/IOHN "CULLEY" BAGGETT FOR AN OUTDOOR RECREATION FACILITY (DRIVE-IN MOVIE THEATER) AS LISTED IN ARTICLE 10-1-2.05 IN THE GREENE COUNTY ZONING ORDINANCE. THE REQUEST IS FOR A 14.44-ACRE TRACT, WHICH IS ZONED B-3, BUSINESS, FOUND AT 9386 SEMINOLE TRAIL, RUCKERSVILLE, AND IDENTIFIED ON COUNTYTAX MAPS AS 60-(A)-26. THE GREENE COUNTY COMPREHENSIVE PLAN, FUTURE LAND USE MAP DESIGNATES THESE PARCELS AS "MIXED-USE WHEREAS, 515.2-1427 and $15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable a local governing body to adopt, amend and codify ordinances or portions thereof; WHEREAS, $15.2-2280, 515.2-2285 and $15.2-2286 of the Code of Virginia, 1950, as amended, WHEREAS, on September 16, 2020 the Greene County Planning Commission held a public hearing WHEREAS, on September 16, 2020 the Greene County Planning Commission voted to recommend tot the Board of Supervisors approval oft the request to grant the Special Use Permit (SUP); and WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matter in the Greene County Record on October 15, 2020, and October 22, 2020; WHEREAS, the full application was available for public inspection int the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973; and VILLAGE CENTER".". and enables a local governing body to adopt and amend zoning ordinances; and on this matter and all oft those who spoke on this topic were heard; and and WHEREAS, on October 27, 2020 the Greene County Board of Supervisors held a public hearing on NOW, THEREFORE, BE IT ORDAINED by the Greene County Board of Supervisors, in accordance with Article 16-2 of the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, that the SUP request is hereby approved subject to the following this matter and all of those who spoke on this topic were heard. conditions: 1. Failure to comply with the conditions of this SUP may result int the issuance of a Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this SUP to the Board of Supervisors for revocation if the NOVi is not resolved as directed. 2. All activities associated with this SUP shall be in compliance with all local, state, and federal 3. The projection screen will be placed such that no images can be seen from either Route 29or laws. Moore Road. 0-2020-010 4. The projection screen size shall not exceed 50' x8 80'. 5. Thel hours of operationi fort the events: shall be limited tot the hours between 8:00a.m.t to: 12:00 6. Sound amplification shall be limited to the time range between 8:00 a.m. and 12:00 a.m. 7. Outdoor lighting shall not be illuminated between the hours of 12:30 a.m. and 6:00 a.m. 9. No outdoor activities other than the nine hole "Sip and Toss" cornhole toss golf course and drive-in movie theater are allowed without an amendment to the special use permit 10. To preserve the character of development int the area, the drive-in movie screen shall be removed if the business ceases operation for a period greater than 24 months. A performance bond equal to the amount of the cost of removal of the screen will be required a.m. (midnight) (midnight) 8. Amaximum of 295 vehicles are allowed per movie showing at site plan approval. ADOPTED BY1 THE GREENE COUNTY BOARD OF SUPERVISORS ON OCTOBER 27,2020. Motion: Votes: Martin: Lamb: Bowman: Durrer: Herring: Davis Lamb Second: Dale Herring Yes Yes Yes Yes Yes Bk. William Bryayi Martin, Chair Greene County Board of Supervisors fhats ATTEST: Mhb Daya Mark B. faylor, Clerk Greene County Board of Supervisors