At a meeting of the Board of Supervisors of Cumberland County, Virginia, in the Cumberland County Elementary School Building at Cumberland Courthouse, Virginia commencing at 7:00 p.m., October 17, 2006, the following action was taken following a duly held public hearing during which time the Planning and Zoning Administrator provided a review of the conditional rezoning request, the applicants representative provided a review of the proposal and members of the public offered comment:

On a motion made by Supervisor Christine Ross, it was moved that the Board of Supervisors of Cumberland County grant, in accordance with the following Recitals and Resolutions, the request to conditionally rezone from A-2 and R-2 to M-2C the property described as the Access Propertyin such Recitals and Resolutions;

Following a reading of the Recitals and Resolutions, the Board of Supervisors adopted and approved the Recitals and Resolutions according to the votes stated below:

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Present:                                                Vote:

William F. Osl, Jr., Chairman                                aye

Clifton C. White                                        aye

Van H. Petty                                                aye

Elbert R. Womack                                        aye

Christine M. Curry Ross                                aye

Dated: ___________                        Attested: ___________________________

                                                       Clerk, Board of Supervisors

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RECITALS:

WHEREAS, Obscurity Land Development, LLC (the Applicant) filed a conditional rezoning application and supporting materials (the Conditional Rezoning Application) seeking to rezone the property described below from A-2 and R-2 to M-2C in accordance with Chapter 74 of the Cumberland County Code of Ordinances (the Zoning Ordinance); and

WHEREAS, the subject property is all or a portion of Tax Map Parcels 51-A-14, 51-A-16, 52-A-2, and 52-A-26, containing in the aggregate approximately 119.61 acres, more or less, as shown in Figure 2 of the Application Package and more particularly described on Exhibit A attached hereto entitled Legal Description(hereinafter referred to as the Access Property); and

WHEREAS, the Board of Supervisors duly referred the Conditional Rezoning Application to the County Planning Commission for its recommendation on August 12, 2006; and

WHEREAS, the Planning Commission directed staff to make the Conditional Rezoning Application available for public review; and

WHEREAS, the Planning Commission duly advertised and held public workshops and hearings on September 6, September 11, September 18 and October 10; and

        WHEREAS, after the Planning Commission duly considered the testimony and evidence presented at the public hearings and workshops in support or opposition to the proposed Conditional Rezoning Application and gave reasonable consideration to numerous factors, including but not limited to the Countys Comprehensive Plan and the suitability of the Access Property for various uses, the Planning Commission adopted a resolution on October 10, 2006, recommending the granting of the conditional rezoning; and

WHEREAS, the Board of Supervisors duly advertised and held a public hearing on October 17, 2006; and

WHEREAS, the Board of Supervisors carefully considered the Planning Commissions recommendation and the testimony and evidence presented at the public hearing on October 17, 2006, in support or opposition to the proposed Conditional Rezoning Application, including among other things documentation, information and data related to environmental monitoring and protection, traffic, noise, odor, lighting, property valuations and other pertinent and relevant issues, the input of the applicant, and its engineers and traffic consultants, input from the general public, and the Countys engineers; and

WHEREAS, in its review of the Conditional Rezoning Application, the Board of Supervisors gave reasonable consideration to numerous factors, including but not limited to the following: the existing use and character of the Access Property, the Countys Comprehensive Plan, the suitability of the Access Property for various uses, the trends of growth or change, and the current and future requirements of the County as to land for various purposes as determined by population and economic studies; and

WHEREAS, after discussion, staff presentation and due deliberation with respect to such information and data, including documentation, information and materials presented at this public hearing, the Board of Supervisors desires to affirm its findings and to take action with respect to the Conditional Rezoning Application; and

RESOLUTIONS:

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors, as follows:

a.        The foregoing recitals are hereby incorporated by this reference.

b.        Upon consideration of the foregoing and the conditions and standards set forth in the Zoning Ordinance, including Section 74-671, et seq., the Board of Supervisors considers it appropriate to rezone the Access Property in accordance with the Conditional Rezoning Application.

c.        The Board of Supervisors further finds that the request made in the Conditional Rezoning Application is in substantial accordance with the Countys Comprehensive Plan.

d.        The Board of Supervisors has also determined that the request made in the Conditional Rezoning Application furthers the general purpose and objectives of the Zoning Ordinance and would be beneficial and appropriate taking into consideration public necessity, convenience, general welfare and good zoning practice.

e.        Upon consideration of the foregoing, the Board of Supervisors grants the request in Conditional Rezoning Application #06-08-02 and rezones the Access Property from A-2 and R-2 to M-2C, subject to the voluntarily proffered conditions set forth in the Applicants proffer statement titled Proffers for Conditional Rezoningsubmitted by owner and contract purchaser dated August 1, 2006, and as amended by addendum dated September 21, 2006, a copy of which Proffers are attached hereto as Exhibit B;

f.        The Board further requires a copy of the final ordinance granting the Conditional Rezoning Application, together with the Proffers accepted by the Board, to be recorded in the Office of the Clerk of the Circuit Court for Cumberland County and placed in the Countys Conditional Zoning Index and Property Files as applicable.

Being located in Cumberland County, Virginia and being further described as follows:  Commencing at a point on the southern right-of-way of Highway No. 60 and located at the northwest corner of tax parcel # 52-1-1, listed as Georgette Richie, and described by a deed recorded at instrument # 20051516, thence with said right-of-way S67°-42-10W 1037.21to the point of beginning, thence S1°-37-45W 3286.86, S25°-16-22E 592.28, N61°-30-02E 582.37, S2°-58-23W 1216.82, S26°-49-52E 628.72, S3°-20-50E 792.64, S3°-18-17E 248.76, N88°-05-11W 687.59, S28°-40-15W 522.30, N87°-56-41W 338.49, N28°-57-45E 995.27, N33°-32-05W 1841.46, N61°-23-11E 483.78, N25°-16-22W 571.98, N1°-37-45E 3390.28, N67°-42-10E 629.06to the point of beginning containing 119.606 acres.

1.        Use.  The following principal uses shall not be permitted on the property:

a.        Wood preserving operations;

b.        Manufacture of cement, lime and gypsum

c.        Manufacture of fertilizer;

d.        Petroleum storage facility;

e.        Asphalt mixing plant;

f.        Boiler shops;

g.        Meat and poultry processing;

h.        Furniture manufacturing.

2.        Buffers. 

A.        A landscaped buffer area of a minimum of one hundred (100) feet in width shall be maintained along that portion of the rezoned area that immediately borders parcel 52-A-24 and parcel 52-A-25 to the east.  The buffer area shall retain its existing and natural vegetation and shall be impacted only by roads, future ingress and egress needs, signage and utilities as approved by the County at the time of site plan review.  In areas where the required buffer is not wooded, or such woods are sparse, the applicant shall engage in tree/vegetative planting (determined to be dense plantings, preferably evergreen) with a minimum height of six (6) feet at planting to further buffer such areas.

B. A natural buffer area of three hundred (300) feet in width shall be maintained along the eastern portion of parcel 52-A-2 and the northeastern portion of parcel 52-A-26 that immediately borders the Woods Subdivision.  The buffer area shall retain its existing and natural vegetation and shall be impacted only by utilities as approved by the County.  Applicant shall record a Conservation Easement or Restrictive Covenant in form satisfactory to the Zoning Administrator with respect to preserving and maintaining this natural buffer adjacent to the Woods Subdivision.  Exhibit A shows the area to be subject to the Conservation Easement or Restrictive Covenant.

3.        Height Limitations. The height of any buildings will not exceed thirty-five (35) feet.  The height of any appurtenant structures (such as leachate collection tanks) will not exceed fifty-five (55) feet above existing ground elevation unless otherwise approved at the time of site plan review.

4.        Storage Tanks.  All fuels stored on the property shall be maintained in corrosive resistant, above ground storage tanks.  Bulk fuels shall not be stored in buildings on the property.

5.        Roads.  Any permanent unpaved roads shall be covered with gravel.  During dry periods, these roads will be sprayed with water, if necessary, to reduce dust problems.  

6.        Site Plan.  Prior to the commencement of any construction or development of the property, site plans will be submitted in accordance with all applicable County ordinances.