[nnasnet] Fwd: 9/8/11 BOS meeting on Bluff Point

  • From: paula.boundy@xxxxxxxxxxxxxxxx
  • To: "NNAS Hotline" <nnasnet@xxxxxxxxxxxxx>
  • Date: Mon, 5 Sep 2011 10:02:13 -0400

Forward from your Chapter President    FYI and action as possible...Paula
"Value the land for the life it harbors"  Sarah Stein

                
                ----- Original Message -----
                From: "Ida Hall" ida@xxxxxxxxxxxxxxxx
                To: "Paula Boundy" paula.boundy@xxxxxxxxxxxxxxxx
                Sent: Fri 09/02/11 10:00 AM
                Subject: Fwd: 9/8/11 BOS meeting on Bluff Point
               

        Hi Paula, 
        I wanted to update you and hope that you will pass the enclosed 
info on to the Audubon Society membership. On Thursday, September 8,
2011 at 5p.m. at the Northumberland  High School in Claraville, the
consultant that has been reviewing the Bluff Pt. PUD, will give his
final report at a public meeting. At the 7p.m. meeting the public will
be able to comment. On October 13, 2011 the Board WILL vote on the
Bluff Pt. PUD. I hope that you and the membership will attend and hear
the report and stay to comment later. It is critical that we continue
to voice our opposition to this project. Thank you for all of your
help in this matter of great concern. (I just saw a pair of pileated
woodpeckers  in a walnut tree in my yard. I know that aren't rare, but
I haven't seen any in my yard before.). 
        Ida Hall 

        804-761-2342    
 Subject: Concerned Citizens for Preserving Bluff Point Enviromental
Wetlands
 From: 
 To: 
 Date: Thu 09/01/11  4:14 PM
  Concerned Citizens for Preserving Bluff Point Enviromental Wetlands
          
        BREAKING NEWS
UPDATED 1 Sep             

        The Bluff Point PUD Special Execption Permit             
Consultant's Report is scheduled to be presented to the              
Northumberland County Board of Supervisors on 
8              September 2011 at 5:00 PM 
at the Northumberland High/Middle School Auditorium 
near              Claraville.              
Click Image to Enlarge             
        According to the agenda released by the              County
Administrator, the Consultant's report will start about 5:25          
   PM.               

        The meeting will adjourn for dinner and              resume at 7:00
at the new Courthouse building with the public              hearing
session.  There is a public comment session at the end              of
the hearing at which citizens may address the Board on any            
 topic.               

        Please plan to attend both the 5:00 PM              session on the
consultant's report and the 7:00 PM session for              citizen
comments.             
-------------------------
        Bluff Point Opposition Rises to 843 - 11 August              2011   
          
-------------------------
        NAPS' Position Paper on the Bluff Point              PUD
Northumberland              Association for Progressive Stewardship  
           
-------------------------
        Center              for Conservation Biology Letter to Board of
Supervisors - 11              August 2011             
-------------------------
        Chesapeake              Bay Foundation Letter to BoS - 26 August
2010             

        Chesapeake              Bay Foundation Letter to BoS - 15 March 2010
            

        Chesapeake              Bay Foundation Letter to VMRC - 19 August   
          2011             
-------------------------
        Audubon              Society Newsletter President's Annual Report -
August              2010             
-------------------------
        Northumberland Board Tables              One Bay Issue Only to Face
Another                           Community Idea Station(WCEVE-FM) by
Pamela D'Angelo Fri, 07/15/2011             
Residents hold signatures              opposing Bluff Point
Development             

         Petition              Opposing Bluff Point Attrachs 620 Signatures
Rappahannock Record, by Shannon Rice - 21 July              2011     
       
-------------------------
        Citizens to              Protect Bluff Point Turn in 620 Signatures
to Supervisor James Long              - 14 July 2011              
        MEMORANDUM FOR: Mr. James M.              Long, Supervisor for
District 3, Wicomico Church VA 22579               

        FROM:                               

        David Mower, 1112 Monarch                Shores Road
Carl and Donnette Gruel, 97 Barnes View Lane
Ida                Hall,1430 Jarvis Point Road
Pete and Barbara Kauneckas, 41                Barnes View Lane       
     

        SUBJECT:  Your Request              for a Bluff Point Planned Unit
Development Special Exception Permit              “Sense of the
Community” Survey              
                 During the Citizen Comment period                   
at the April 2011 regularly scheduled Board of Supervisors            
       meeting, David Mower posed the question to the Board regarding 
                  the Bluff Point PUD SEP of what was the compelling
reason for                    putting this PUD on flood-prone
conservation land.                    

        After the meeting                    adjourned, you approached him
and the group that continued to                    discuss the issue
and asked (paraphrasing) if we “were the                    only ones
who believed the PUD SEP was wrong or were there                   
others sharing our beliefs.”                            
        You indicated you              would like to see some verification
that we were not just a noisy              minority alone in our
opposition.  To that end, we offered to              conduct a survey
of the Bluff Point Road area to help gauge the              depth of
community opposition, which you agreed would be              helpful. 
           

        While the survey’s original              target were those
residents directly adjacent to or otherwise              directly
impacted by the proposed development, we were astonished at           
  the county-wide response.  Once word spread that a survey was       
      being conducted the initiative gained a life of its own.        
      People from all over the county called or contacted us
requesting              copies of the “petition” and organized their
own local sign up              campaigns.             

        To date, county residents have turned in              about 620
signatures (see attached), with more arriving every              day. 
Originally we planned to cut off the survey on 30 June,             
but given community appeals to continue into July, we have extended   
          the survey period for another month.  Consequently, this is
an              interim report.             

        Early returns indicated              that:             
    *               About half of the 620                signature
are from Districts 4 and 3b (south of the Wicomico               
River) – we expected to get signatures from here
    *               The other half of the 620               
signatures are from Districts 1, 2, 3a and 5 (Route 360 corridor)     
          – this is astounding, who knew?
    *               Anecdotal evidence is that                more
than a few of people are not just against the SEP, but               
“angry” that it has gotten as far as it has.  [This is              
 somewhat supported by the “self generating” nature the survey took 
              on, especially in the northern districts of the         
      county.]
        Final results and a summary              will be turned in at the
August Board of Supervisors              meeting.             

        Read More HERE             
-------------------------
        Bluff Point Documentation              Observations – 25 June 2011 
           

        In reviewing the              developer’s documentation regarding
the Bluff Point Planned Unit              Development Special
Exception Permit, (PUD SEP), there is a 12              January 2011
letter from Dr.              John Swaddle, College of William & Mary
that proposes              "…_to build a field lab, teaching         
    facility, and residential areas for students_…" at the site.     
        

        There is no mention of this              proposal in the submittal
plan other than the proposal for a nature              education
center.              
    *Where are these facilities to be                constructed?    
           
    *How many "density rights" would be                allocated to
these facilities?                
    *What impact would the use of density                rights for
these facilities have on other proposed residences and               
commercial facilities? 
        Read More   also, Citizen              Letter response to William
and Mary              letter.              
-------------------------
             Northumberland County's Consultant on the Bluff Point   
          PUD makes Initial Traffic              Impact Analysis &
Assessment              
        Are 50 car traffic queues              coming to Kilmarnock
intersections?
You be the              judge.             
-------------------------
        _A              CRITICAL LOOK AT THE BLUFF              POINT WATER
SUPPLY PLAN BY DR. FRANK              FLETCHER_             
-------------------------
             Spring is here so the Bluff Point PUD SEP is again      
       stirring.              
        14 April 2011 - The BOS has voted tonight at the 5:00 PM session to 
            hire the AES group for a total price of $33,800. Of this  
           amount, The developer is paying $25,000 which will be paid 
            to the County and held and disbursed to Consultant. The
vote was 4-1              (Tomlin).               

        Prior to the              vote, Mr. Tomlin reiterated his comment of
4 Oct 2010 that              the Board did not need a consultant and
not now either,              but if the County is going to hire a
Consultant, the County should              pay for it 100% to avoid an
appearance of collusion or              improperness.  The Board
originally agreed that the county              should pay 100% back in
Oct, but this vote changed that previous              position.       
     

        Once the the signatures are on the contract, the             
Consultant will have 22 weeks to complete assessment and present the  
           report, therefore, it will come back in late September or
early              October.              
-------------------------
                   The Developer and the Board of Supervisors seem
intent in                    confusing the public with red herring hot
button issues and                    various analysis of environmental
and economic issues that                    bury the one key legal
problem facing a favorable                    decision for the Bluff
Point Special Exception permit; that                    of:           
        

        Converting a low density Conservation                    zoned
parcel to very high density by allowing                    an
exchange/swap with multiple higher                    density
Residential and Agriculturial zoned                    parcels located
elsewhere in the                    county.
                 For example, can parcels A,                    B,
and C which are zoned for high housing density                   
(Agricultural or Residential) and located geographically apart        
           be combined and swapped with parcel Z which is zoned for
low                    housing density (Conservation) and not
geographically contiguous                    with any of the other
parcels?                    

        The Case:  Can the                    Bluff Point PUD exchange the
allowable density of multiple                    parcels with combined
"by right" housing density of 500+/-                    with a
separate non-bordering parcel that has "by right"                   
housing density of 30+/-.
-------------------------
        Bluff              Point is Both a Place and an Idea - by Dr. Frank
Fletcher, 17              April 2011             
-------------------------
        27 March 2011 - The              Developer has initiated a new
Traffic Impact Analysis (TIA) and              forwarded to both the
Board of Supervisors and VDOT.  VDOT has              45 days to
review and comment which should be on or              about May 12,
2011.  The TIA              documents (not all are new) are available
below:             
        "SITE"                    DEVELOPMENT DENSITIES & TRIP GENERATION   
                                

        TIA                    STUDY                                    

        VDOT                    RESPONSE
16 FEBRUARY 2011
        APPENDIX                    A-D
TIA SCOPING CORRESPONDENCE                                    

        APPENDIX                    E - G                                   


        TRAFFIC                    SIGNAL LETTER
7 MARCH              2011
-------------------------
        14 March 2011 The Developer provided              another comparison
analysis of Bluff Point, but made sure to              note that this
one was not requested by the County Administrator or             
anyone else (7 Feb comparison was in response to the county's         
    request).  The county administrators, the Board of Supervisors    
         and the developer certainly seem to have an easy and robust  
           relationship whereas the general public appears to be
generally              kept at arms length.             
        Cover                    Letter
14 March 2011                           INTRODUCTION
                 TASK 1
Property                    Use
                 TASK 2
Public                    Facilities                                 
  

        TASK 3
Project                    Phasing                                   


        TASK 4
Financial Impact
Summary
PUD
BRSD
                 TASK 5
Environmental                    Impact                 TASK 6
Local                    Impact                 TASK 7
Traffic
                 TASK 8
Economic                    Impact                                 
TASK 9
Conditions
-------------------------
        4 February 2011 [In lieu              of a consultant?] The
developer has provided              the 
Board of Supervisors at the request              of the County
Administrator a 
"Comparison Of Bluff Point Planned Unit Development And             
By-Right Subdivision Development Plan"             

        While it is not              mentioned on the County's website,
there will be a "working session"              meeting of the Board of
Supervisors on 1 March 2011 at              4:00 PM in the Board of
Supervisors room in the old Courthouse to              discuss the
Bluff Point PUD RFP.             

        The              public may attend the working session, but will not
be allowed to              speak.             

        Some              well thought out concerns regarding the By Right
Comparison              documents have been offered by a local citizen
             below:             

        29              March 2011 Letter to the Editor             

        17              February 2011 Letter to BOS             

        22              February 2011 Letter to the Editor              
-------------------------
        Planning              & Zoning 101             

        Land              Use Handbook             
-------------------------
        "THERE\'S              NO SUCH THING AS A FREE LUNCH" by Frank
Fletcher, 20              Nov 10             
-------------------------
        Request              for Proposal (Draft) for BLUFF POINT           
  PUD CONSULTANT
Release Date: 31 Oct 2010 Due  Date:              15 Sep 2010        
     

        Chesapeake              Bay Foundation's excellent suggestions 
for improving the              Request for Proposal              
-------------------------
        Board of Supervisors Meeting - 14 October 2010              Results 
           

        The Northumberland County Board of Superviors met in             
regular session at 5:00 PM on 14 October at which they decided by a   
          4-1 vote not to hire an outside legal counsel to review the 
            entanglement associated with the Bluff Point PUD Special
Expection              Permit.               

        The              County's legal counsel will first review the legal
questions, and              any that are beyond his scope of expertise
will be consider for              outside counsel at a later date.    
        

        The              Board will meet at 7:30 AM on Wednesday 27 October
2010 to review              and approve the RFP for an             
outside consultant to review and make recommends on the             
conditions to be placed on the developer for the SEP approval.        
      This hearing is open to the public.             

        In other              business conducted by the Board two items were
of              interest:             
    *               Traffic jams at the High School turn lanes on    
           Route 360 appear to be causing safety concern due to the
backup                and motorist making unsafe driving decisions to
get around the                backup.  This condition is cause by only
a couple dozen cars                travelling Route 360, but the board
did not seem to draw any                parallel with future unsafe
conditions they may be creating caused                by 7,000 a day
cars turning at Route 200 and Bluff Point                Road.
    *               Appartently, Little Wicomico River mouth needs to
               be dredged after only 5 years.  The cost of the
dredging                study and ultimate dredging to the county was
unclear.  The                board did not seem to draw any parallel
with potential problems                caused by the proposed dredging
of the marina and                channel in Barnes Creek for the Bluff
Point PUD if the SEP is                allowed to proceed.
-------------------------
        The Northumbrland County Board of              Supervisors met in a
working session at the new Court House building              in
Heathsville on Monday, 4 October 2010 at 5:00 PM to consider the      
       proposed conditions the developer must meet to obtain approval
of              the proposed BLUFF POINT PLANNED UNIT DEVELOPMENT
special              exception permit.             

        County              Staff Summary Presentation of PUD Condtions and
Issues -              
4 October 2010             

        Staff              Presentation EDITED for Simplicity and Clarity
(Removed at the request of one of the Developer's "Team"             
members) 
11 October 2010 21 October              2010             

        Northumberland County Zoning Ordinance Current Useages              
As of 30 April 2009             

        "By              Right" C-1 District Overlay             
        RESULT:  The Board Chairman, Mr.              Jett, with a
concurring nod from the developer, suggested that this             
was too complex for the staff and board members to deal with          
   themselves and proposed that an outside consultant be hired to     
        evaluate the proposal, conditions and all the citizen         
    issues and input and provide the Board with guidance and          
   recommendations as to how it should proceed.  Mr. Jett, with a     
        concurring nod from the developer, proposed that the          
   developer fund/pay for the outside consultant study.             

        District 4 representative, Mr. Tomlin,              rose to speak in
agreement with the need for an outside consultant,              but
objected to the developer funding the study.  Correctly,             
Mr. Tomlin pointed out the need to avoid all appearances             
of collusion between county representatives and the             
developer.  Mr. Tomlin motioned that an outside consultant            
 should be contracted and that the county should bear the             
entire cost of the consultant fee.  The board, with the             
developer negatively shaking heads, unanimously voted for the         
    outside consultant funded at county expense.              

        Mr. Tomlin also suggest the county hire              qualified legal
expert consultants to advise the board on various              matters
that relate to the board’s ability, authority and             
jurisdiction over certain matters related to both the zoning          
   conversion issues, and assigns and successors restrictions.        
      That matter was deferred until a later              date.       
      

        The County Administrator was instructed              to prepare an
RFP for consultant services.  To be continued              ....       
     
-------------------------
        NORTHUMBERLAND COUNTY PROPOSED PUD              CONDITIONS          
  

        CITIZEN MARKUP              OF PROPOSED PUD CONDITIONS - 100927     
       

        For all Northumberland County              documents regarding the
Bluff Point Planned Unit Development click              HERE          
  
    *Northumberland Board of Supervisors Meeting                     
Minutes for denial of Bluff Point Road 288 Unit Cluster               
      Development - 10 May 2007
        "Supervisor Russell stated she would like to                    make
a motion on the request.  She explained that she had                  
 talked to a lot of people and this was really hard.  She             
      said the people in Indian Creek needed sewer, but this is not a
sewer issue it's about                    density and that she did not
receive support from                    anyone that didn't want a
sewer.  She stated this is just not the right                   
property for this request."  [NOTE: The Board                   
subsequently voted unaminously to deny the                  request.]
    *Northumberland Board of Supervisors Meeting                     
Minutes for Camp Kittamaqund Conservation Zoning Emergency            
         Ordinance - 8                      Feb 07, 8                 
    Mar 07, & 5                      Apr 07
        8                    Feb 07 - Chairman Ronald Jett stated that he
had been                    giving this a lot of thought since the
first time he had heard                    about the sale.  He went
further to state that he had                    discussed this matter
with legal council and felt that we                    needed to look
at the conservation zoning district and review                    the
provisions within this district.  [NOTE: The Board                   
subsequently voted unanimously to adopt a Conservation, C-1           
        Zoning District Emergency Ordinance.]                   

        8                    Mar 07 - Upon motion by Pamela C. Russell duly
seconded                    by, James M. Long, the Board voted to pass
the following                    resolution and change staff's
recommendation to only allow 10                    acre lot size on
the remaining parcel instead of the 5 acre                    lot
size. [NOTE: The motion passed unanimously.]                   

        5                    Apr 07 - County Attorney Les Kilduff stated
that this is                    not about the Girl Scout property;
it's more about preserving                    the Conservation Areas
in the County.                   

        Upon motion by Pamela Russell, duly seconded                    by
James M. Long, the board voted to floow the Planning                  
 Commission recommendation to amend the C-1 zoning district to        
           the County Code in Chapter 148, Article II, Sections 148-; 
                  148-8; 148-9, and 148-10 to increase the area
regulations,                    setback, frontage and yard
requirements for property that is                    zoned
Conservation; C-1.  The changes to area regulations                   
allow one (1) lot equal to fifty percent (50%) of the total           
        acreage of the parent parcel and a minimum of ten (10) acre   
                lot size for the remaining parcels.  The setback      
             requirement is increased to a minimum of 100 feet;
frontage                    requirements to a minimum of 450 feet, the
side yard minimum                    at 75 feet and a rear yard at a
minimum of 100 feet.                     [NOTE: the Board passed the
motion                unanimously.]
        DEVELOPER RESPONSE TO CONDITIONS -              100824              

        VIRGINIA DEPARTMENT OF PLANNING AND BUDGET ECONOMIC IMPACT          
   ANALYSIS -              100803              

        VDOT TRAFFIC STUDY UPDATE LETTER - 100813              
-------------------------
        CITIZEN              DEVELOPED PUD CONDITION OPTIONS              
    *SUGGESTED ADDITIONAL PUBLIC SAFETY                CONDITIONS -
100826                
    *BARNES CREEK DREDGING CALCULATIONS - 100820                
    *ISSUE PAPER - 100819                UPDATED                
    *CONDITIONS - 100818                               
    *CONDITIONS - 100817                
-------------------------
        WHAT OTHERS HAVE              SAID             
    *CITIZEN                LETTER TO BOS - 100920                
    *CITIZEN                LETTER TO COUNTY ADMINISTRATOR - 100916  
             
    *CITIZEN                LETTER TO VMRC - 100916                
    *CITIZEN                ADDRESS TO BOS - 100909                
    *CITIZEN LETTER TO BOS -                100819                
    *CITIZEN LETTER TO BOS -                100820                
    *CITIZEN LETTER TO BOS -                100820                
    *CITIZEN LETTER TO BOS -                100820                
    *CITIZEN LETTER TO BOS -                100820                
    *CITIZEN LETTER TO JETT -                100819                
    *CITIZEN LETTER TO TOMLIN                - 100819                
    *CITIZEN LETTER TO EADES - 100818                
    *CITIZEN LETTER TO BOS -                100814  
-------------------------
        Local Newspaper Coverage of 26 August BOS              Hearing      
      

        Rappahannock Record - 2 Sep              10             

        Northumberland Echo - 2 Sep              10             
-------------------------
Project Area Map                                    
PHASE 1 - Town Center AREA                                      
Villege & Marina                Area
Hotel and Cottage Area                                    
Hotel & Spa Area                                    
Club                    & Cottages Area
Proposed Open Spaces                 
15 Years - 5 Phase Development                    Plan               
 
-------------------------
        Bluff Point Development Site Plan Submission Executive             
Summary                        
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2010.
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  • » [nnasnet] Fwd: 9/8/11 BOS meeting on Bluff Point - paula . boundy