The URL can be used to link to this page

08-24-94 Minutes BOARD OF SUPERVISOR~ MINUTES August 24, 1994 Rupervisors in ~tt~ndanc~ Staff Mr. J. L. McHalez III, Vice Chrm. Mr. Edward B. Barber Mr. Harry 5, Daniel Mr. Arthur S. Warren Mr. Lan~ B. County Adminls~rator Ms. Barbara Bennett, bit., Office on Youth Mr, N. ~. Carmichael, M~. ~arilyn Cole, Exec. Asst. to County Admin. Mrs. Doris R, DeHar~, Asst. Co. Admin., I~tergovern, Affairs Mr. William D. Building official Mr. Kichsel S. Golden~ Dir., buputy co, Admin., ~r. Thoma~ A. Hanson, Dir., ~arg=ncy Communications County Ombudsman Internal Audit s~. ~ary ~ou Mr. Ruber~ L. DepUty Cu. Admin., Mr. R. John McCracken~ Dir.~ T~ansportation Mr. Richard M. Mc~lfish, Dir.~ ~nv. Engineering County Attorney Mr. Kenneth Perrott~, Dir., News&Informationservioes Ms. Theresa M- ~itts, clerk =o the Board Mr. William D. Planning Ms. Jean Smith, Dir. Social Mr. Gary F. Southard, Dir., ~ental Health/Mental Retardation/Substance Abuse services Mr. Thomas H. Spencez Ac~ing Dir., General Mr. Jame~ J. L. Dir., Budget & Management Mr. ~. D. Stith, Jr,, Deputy Co. Admin., Community Mr. Frederick Willis, Jr,, Dir.~ ~uman Resource Mgr. Hr. ~cHalo called the regularly scheduled meeting to order at statement: "For the official record of our Bonrd, Whaley ~ason Colbert, Chairman of the Chesterfield County Board of Supervisors and Matoaca District Supervisor, ~iad on ~edne~day, August 17, Und~ [ke provi~icn~ of our County Charter, the remaining me,ors of ~hs ~oard have ~0 days to select a qualified replacement to f~tfill ~e remainder of ~r. Celbert's term. ~elo~tion is by majority vote ~f t~e remaining members of the Board. If the ~oard is ~nable to agree cna replacement w~thin 60 d~ys, the Judges ef the Circuit Court will appoint a The Board of Supervisors will begin formal consideration of candidates to fulfill the remainder of Mr. Colbert's term at our next regular meeting, wednssday~ September ~, The Board ~as until Sunday, October 15, to reamh agreement on a replacement before action by the ¢ircui~ Court. TO be eligible for the office of Matoaoa District Supervimor an individual ~ust be a qualified voter and must reside iH the Mateaca District at ~he time of selectio~ by the Board. Per~ens who meet these require~ent~ and de, ire ~o serve should su~mi~ a letter to the Clerk ~o the Board cf Supervisors by th~ close of busine~ on Thursday, September The letter should be accompanied by a resume outlining the individual's qualifications for the office. The latter and resu~ may be accompanied by any ~thar supporti~ the individual ~eels may aosist t~e Board in i~s deliberations. Letters, r~um~s and any other supportin~ material ~ub~itted by candida%em for tko o~ice may become puDli~ records, If the Boar~ is unable %o agree oh a replacement fro~ among those wh~ apply~ iE may s~licit mandidat~s for the seat from among qualified citizens of Matoaca Distrlo~, It is my personal goal to worR with Mstoaom Supervisor an individual who is highly qgalifi~d represent all the citizens of Matoaea District. I fee% that ~his person should be' known t~ the citizens of Matoaca a~d be able to vigorously represent %heir interests an this Board and with th~ County Administration. At the same ti~e, this parson ehcul~ ~e a ~oneensu$ ~uil~or on matters that como Defers the Board and work with our rogien~i partners." {It is noted a copy of this ~tatem~nt is filed with the paperm cf thls B~erd.) Mr. Daniel stated thi~ il R very difficult %i~e for the Board. Be further mtated all interested candidates ~ho wish to offer themselves for consideration of the ~eard of Supervi~ern seat for tho ~ato~ca District should mubmit any letters or petitions of support to the Board, He stated ~his ie the first step for ensuring that an open process i~ fo%lowed in choosing a candidate; and that as part of the prooemm! he will submit a formal agenda item at %ho September 14, %99~ Board meeting requesting the Dogrd to hold a public hearing on September 21, 1~ for the purpose of h~aring citizen input on those individuals who submitted their names for candidacy. He stated he feels th~ public has the right to voice their viaw~ in a public forum for ~he candidates of their choice and to o~marve Beard of Supervi~r~ per,eno2 view~ On a~ch c~ndidste. ~e further stated he deem not support holding an Executive Session 9~-602 open forum on the candidate selection process, criteria, and individual qualifications; He stated he is in agreement with receiving candldates~ qualifloations, petitions, and letters of support no later than September 8~ 1994. He then directed the County Administrator to submit an agenda item a~ the Sept~ber 14, 1994 Beard of Supervisors meeting red, eating the Beard to consider holding a public hearing on September 21, 1994 at p.m. for the purpose cf recei¥inq citizen input on individuals who submit their names for candidacy. On motion of Mr. Warren, seconded by Mr. Barber, the Beard approved the minute~ of July 27~ 1994~ a~ amended. Kational Association of Counties (NACo} Cenferenc~ in Clark Award~ and 1 Excellence Award fro~ the ~ational Association of Hammer who recognized the following awards and racipimntm: Department Pro4ect Budget and Menaqe~snt County Adminiztratlon E~ergency Communications Extension Service Fire Departnent Human Resourc~ ~nagemsnt Internal Audit Central Library ~ental Health/Mental Retardation Planning S~rategies for Success · Total Quality Improvement - · Historic Regional S~it~* ·Centrul Virginia Coalition* Follow-up Presentation* · Standing Operation Manual~ · Chesterfield to th~ Chesapeake · Emergency Medical Services Infection Control Program · 199~ Supervisory Leadership Institute: Leadmrship for Continuous Improvement _ Aa Equal OppOrtunity Employsr...By choice · charitable taming (Bingo/Raffle) Seminar · In th~ bag Program · Consumer Run Helpline · Im~diat~ ~rvice~ Team · Annual Report . Ceunty-wid~ zoning conversion social services . virginia Incentives te Advanced Learning office on Youth . Youth Needs Sympesium · The "Solutionsr' ~egional Cooperation Tnitiative~ ~r. Mo~ale congratulated each Department, on behalf of the Mr. Ramsay then introduced Mr. David Ross~ Senior vice ~reeident cf Government Community Affairs, and Mr- Janes Dunn, President~ of the Metropolitan Richmond Chamber of who presented the Board with a print entitled "Richmond cn the James~' which was commissioned by the Chamber and depicto Richmond yesterday and today as well as historic ar~as in Chesterfield, Benrico, and Hanover Counties. Mr. Dunn stated cheskerfiel~ County's role is significant in tke region and e×press~d appreciation for the hard work and dedication by the leaders an~ employees cf ~ha CoUnty. ~r. ~cHale, on b~half, cf th~ Board, expressed a~preciatien ts Mr. Ro~s and Mr. Dunn for the print amd their s~rvice and efforts on behalf of metropolitan Richmond as well as Chesterfield County. ~r. Ramsay then i~trod~oed Mr. Hammer to present an update on the LaPrade and Ettrick/Matosca Branch Libraries. Mr. Hammer presented an update on the LaPrade and Ettrick/ Matoaca Branch Libraries including d~sign of structural repairs being completed~ construction documeuts being cc~pleted; e pre- bid meeting being scheduled for August ~0, 1994 with all interested contractors; bids being received on september 199~; the notice to proceed immediately ~ith con~tructlon on an emergency basis being issued by September 9, 1994~ and oomple~ion anticipated for the ~irst week of January, 199~. stated inYeutigations to date reveal there is slightly more structural damage related to the 5aPrade Branch Library similar d~ficiencies related to the Ettrick/Matoaoa Branch Library, however, all programmatic services at both libraries are operating normally and citizens in the Ettrick/Matoaca area have been pleased with =he manner in which the transition has additional damage will net affect the comple%ion date for the Mr. Barber stat=d h~ is a m~mber of th~ VirGinia Association of Counties and ~irginia Municipal League Education Steering Committee and noted t~sy have been seeking input in~o the Governor's Champien Bchool Commi~sion; that he has bean m~eting with the Parents Citizens Advisory Committee to the Stets Superintendent of Public Schools; and that the new James River High School will be holding ~heir O~en House un Angst 27, 1994. Mr. Warren stated his next constituents meeting will be held september 12, 1994 with t~e.topio of discussion bein~ cdaoatie~ and that the topic of discussion for his constituent~ meeting OHANGES I~ TH~ ORDER O~ PRESENTATION On motion of Mr. Warren, seconded by ~r. ~arber~ =he Board added Item 8.B.56.~ Set Date for Public Hearing to Consider Installs%ion of speed Humps on Whitepine Road, Green Cedar Lane, Chester Forest La~e~ end Pine Glade Lane to follow Item 8.B.15., Acceptance of Parcel ef Land from Chesterfield Mall Associates for Dedication of Proposed ~cger Center Boulevard; deleted Item 8.B.7.d., Set Date for Public Hearing to Con~id~ ~tmending the Zoning Ordinance Relative to Salaries for Planning Commissioners and Member5 of the ~Oard of Zoning Appeals; deleted Item il., an ~xecutive ~e~sion Pursuant to 9action 2.1- 344.A.7., Code of Virginia, 1950, as Amended, for Consul=etlon with Legal Counsel Regarding Legal Issues Arising Out of the Renewal of the Cable Television Franchise; and replaced Item ~.B.6., A~endment to Minutes sf JUne ZZ, 1994 and, adopted the agenda, as amended. Chief Eanas presented a brief slide presentation on emergency prepar®~ness and =hen introduced Ms. Leslie Pallotta, ~ornlng and Noon Anchor for WRIC TV ~; Mr. William D_ ~a~ob~en, Asseniate Administrator for J~hn~ton-Willie Hospital; and Mr. receive the re~olutions. He then recognized several ~be~s of the Chesterfield ~eYgenoy Planning Commission who were present at the meeting. WHEREAS, WRIC TV S-ABC-Nationwide Communications, Inoerperated~ Ms. Leslie Pallotta; Johnston-Willis aus~i~al; and Mr. William D. Jsccbsen have developed, produced, and aired preparedness for Chesterfield Connty citizens; and WHEREAS~ ~gRIC TV 8, located at Arboretum ~lace in chesterfield county, virginia~ is a l~ading telavisio~ ne~w6rk in the County ~md th~ State of Virginia; and WHEREAS, WRIC TV ~ hss produced and aired four, thirty- second ~u~tic service snnsuncaments to educate the c~tizens of Chesterfield County on emergency preparedness; and for ~RIC TV ~ has donated many hsu~s of he~ tim= to produce the public service ~nnouncements for the Chesterfield ~mergeney Planmin~ Cs~unittee; and WHEREAS~ Johnston-Willis Hospital, located at 1~01 Johnston-Willis Drive in Chesterfield County, 9irginia, is a community leader ia the field of oommunity education in .the COUnty and Qn~ of ~he leading hosDi~ala in Virginia; and WHEREAS~ Johnston-Willis Hospital has donated the £undlng to produce fear, thirty-smcond public service announcements to educate the citizsn~ 0% Chesterfield County sn emergency preparedness; and WHERF3%S~ Mr. William D. /acobsen, Associat~ Administrator for Johnston-Willis Hospital, has donated ~any hours of tim~ to produce the public service ~nncuneements and has worke~ wi~h g~-605 8/~4/94 the Chesterfield Emergency Planning committee for approximately two years and as a PuDlic Information Subcommittee Chairman for approximately one year; and WHEREAS, tke public service announcements cover critical topics such as the difference between a tornado watch and e tornado warning, advising ciYizens to find cut where tkeir local emergency shelter is located~ what t0 do if th~r~ i~ a chemical lesk in the area[ and reminding citizens to check their smoke detector batteries. NOW, T~ERBFORE BE IT RESOLVED, that th~ Chesterfield County Board of Supervisors, on b~half of its members, hereby recognizes WRZC TV 8-ABC-Nationwide Communications, Incorporated; Ns. L~slie Pall©Pta; Johnmton-Willis Hospital; and Mr. William D. Jacobsen and empresses its appreciation for their valuabl~ ass/stance and donations %0 the Chesterfield E~ergency Planning Committee and to t~e citizens of Chesterfield Ceun~y~ AKb, BE IT FURTHER RESOLVED~ that a copy ~f thi~ ~elution be presented to WRIC TV 8~ Ms. Leslie Pallotta; Johns~en-Willis Hospital; and Mr. William D. Jacobsen ~nd thi~ resolution be psrnan~ntly recorded amonq the papers of thin Board of Supervlssr~ of Chestsr£ield County, Virqinla. ~ote: Unanimous ~r. ~cKale ~resented the executed resolutions to Ms- ~allotta, Mr. gacobmen, and Mr. McKael and expressed eppreciatio~ for their ~upper~ and assistaDce to the Chesterfield Emergency Planning Committee. Mr. ~acobs@n~ Ms. Pallotta, and Mr- ' ~cKeel e~pras~ed appreciation for the recognition and stated they are proud to ~ssist chesterfield County and play a part in this type of co~nity service. HE~RIN~ TO CONSIDER D~NDING THE ZONING ORDINANCE Mr. Stith ~tatad due to cencern~ expressed by citizens, the ~oa~d directed the Planning Commission to work with citizens in developing a sign ordinance. He then introduced Mr. Pools to brief the Soard. Mr. Pools stated s~aff will brief the Board on the sign ordinance and will request the Board to set the date of september 14, 1994 for a public hearing to receive public input relative to the Planning Commission's recommendation regarding Planning Administrator for Plans R=visw of the Planning Mr. Turnsr stated in Ssptember, 1992, the Planning Commission initiated a comprehensive ~valuation of the County~ sign standards by appointment o~ a Committee comprised of business and residential leaders, siqn company officials, and two Planning Commissioners; that the sign Committee met 15 times over an ei~hteen-ment~ period and identified that ~xisting standards wer~ inequitable, csnfu~ing, and tso diverse; tha~ equitable, easy to use, and easy to understand; and that the work sessions to further refine the proposed standards. He from ~he County to enforce the sign ordinance once i~ is adopted and developed alternatives to portable signs to allow bu~ine~se~ to advertise special events in an effort to reduce the constant enforcement activity eemociatsd with temporary por~able signs and that the proposed ordinance offers a bonus provision for free-mtanding signs incorporating interchangeable copy signs and restricts the use of banners which are exempted from the sign permit process~ thereby~ exempted from uny fees required. He then presented a sum~ary cf the p~cpused sign ordinance changes. When ~sked~ he stated th~ ~tate has the authority to remove signs from State rights-of-way regardle~ of restriction~ ~n e County s~dinance. received s copy of "Guidelines on the Use and Operation of National Technical Information oervise and a report prepared for the F~deral Highway Adninkstratien entitled, "Safety and Mr. Turner then presented elides depicting various e~isting business sign~ throughout the Ccenty which illumtrute the goals of the proposed ordinance. When asked, he stated the proposed b~yond a~vertising new business, which allows businesses to usa the County to advertise special events, ordinance as ir r~lstes to banners ~nd signs being in-scale with building size. ~he Plannin~ Commission Seel~ this reguirement is toe any restrictions on ~he ~esign of ~ree-standing signs. Mr. Turner stated the Planning commission recommends adoption amending the Zoning Ordinance relative to signs. There was brief discussion relative ~o the proposed ordinance being les~ restrictive o~ equal to that of Henries County's sign ordinance. Mr, Barber inquired if Lhe Planning Commission ~as developed a ordinance is addressed. Hr_ Turner stated if the ~oard adopts type permitted within %he County, unless i~ advertises the time and temperature only, ......... ,i ...... L L I [ [ L _ in the future, he would reques~ something that allows use of these sign~ ~til they can be studied further. MI. Warren r~turn~d Lo the beetin~. Mr, Turner noted ~enrico County has banned electronic message signs. signs and inquired as to whether the Planning Commission recommends banning the~e signs. Mr. Turner stated the Planning Commission has made pro¥ision~ for directional lead-in signs fo~ houses which have an agent Drosent hold~n~ an open house. Mr. Barber inquired as to the arguments against generic lead-ln signs. ~r, Turner stated it is his understanding that the Ricb/~0~d Board of Realtors felt g~neric lead-in signs would not work for them. Mr. Barber then expressed concerns relative to the use of lead- in ~igns and %hu number of signs located at ~treet intersections_ Mr No,ale expressed appreciation to ztaff for ~heir efforts in addressing this issue. On notion of Mr. warren, seconded by Mr. Barber, the Board smt the date ~f $~pta~ber 14, 19~4 at 7:00 p.m, ~or a public h~ing to consider amending the Zoning ordinance relating to signs- Vote: Unanimous DEFERRED ITEMS CONSIDERATION OF REO~EST OF ~O~CAST CABLEVISION O~ CHESTERFIELD COUETY~ INCORPORATED ~OR RENEWal OF ITS CABLE TELEVISION SERVICES IN T~B COUNTY Kr. ~ica~ stated consideration of a request of comcast cablevision of chesterfield County, Incorporated for rgnew~l of it~ cabl~ t~levi~on franchise and adoption of amendments to ChaD~er 7 of the County Code relating to 9revidlng cable television services in the Co~ty was deferred from the July 27, 1994 Board meeting to allow Comcast and county staff to continue to negotiate turms uf the franchise documents, spesi£ioatly, clarifying ~o~ access charges 9er institutional network (INET) serviceu will be CalCulated. He further stated negotiations with Comcast have not ~esn concluded, therefore, staff recommends deferring this item until September 28; 1994 and £o~ the f~anohis~ to ~e extended on a month to month basis under the s~me terms and conditions as the e~igting franchise until the matter is brought back to the Board~ On motion Qf Mr. Warren, s~conded by Mr. Barber, the deferred consideration of a r~q~est of ComcaSt Cablevision of Chesterfield County, incorDorated for renewal of i~s cable television franchise and adoption of amendments to Chapter 7 cf the County code relating to providing sable television services in the County until September 28, 1994 an~ authorized the franchise to ~e extended on a month to month basis under same ter~s a~d conditions as the existing franchise until the ma~ter is brought back to the Board. Vote: Unanimeua 7.B. CONSIDERATION DP AMENDMENT TO MORAL OBLIGATION AOREEMENT BETWEEN THE COUNTY GF CHESTERFIELD A~D THE RICHMOND METROPOLITAN AUTHORITY PO~ R~FINANOINO BD~DS POR THE DIAMOND AND AUTHORIZATIO~ FOR EXEOUTIO~ QE R~INAMOING Mr. Micas stated the Richmond Metropolitan Authority issued bonds in 1984 =c finance conotruc~iun of The Diamond an~ in conjunction with that financing, Chesterfield and Counties and the City of Richmond signed moral obligation ag~eementm in which tho~e localities would pay ~ny g~ in debt ~s~vios payments that were not cevsred by revenue. He further stated the agreement before the Board provides for r~financing the bond~ with a significant savings of $817,0S5 in debt s~rvio~ ov~r th~ next ten years and $184,41~ in savingn by eliminating a letter of credit. He stated the exact impact on the County's moral obligation payment cannot be determined at thi~ time since it is, in par%, a function of the revenue received from the lease with the Atlanta Braves for the Richmond Bravos. He further stated the refinancing will result R~4A, and staff recommends approval. On ~otien of Mr~ Daniel, ~econded by Mr~ Barber~ the Board approved the refinancing an~ amendment ~ the Richmond Metropolitan AUtho~it~ (RFtA) MO~al Obligation Agreement relating ~o T~e Qiamend and au%~orised r~e County Administrator and his designated sLaff to execute the nucessar~ refinancing Va%e: Unanimous 7.C. ZTRRRTLI~HT I~ZTALL~TIOR COZT A~ROV~L On motion of ~r. Warren, seconded by Mr. ~rber, the Board deferred consideration of a streetligh~ inssallation cost approval for ~scan Terrace, in col-de sac, in clover Hill Magisterial Distrist~ un~il February 22, ~,A. BTREETLtG~T I~$TALLATIOH COST APPROVAL O~ ~o~ion of Mr. MoHale, eeconoed by ~r. Barber, t~e Board approved u streetlight installation cost approval for Weldon Stroa=, mid-pcint~ viuinity uf lS921, in ~atsaca ~agis=erlal District. (It is noted there is no cost to install the light.) 8.B. COM;E~T ITEMS 8.B.1. AUTHORIZATION TO CREATE ~OGITION ~DR THR RRRTRI~L RELEASE TRUGBAM AND APPROPRIATIO~ OF STATE On motion of Mr. Warren, seconded by Mr. Barber, the Board appropriated additional State revenue of $1~500 and authorized creation of a full-tlme ~nlor offie~ A~istant positioD for the P~et~ial Release Program. (It is noted the Department of Criminal Justice Service h~s increased th~ Pre,rial Kelea~e Grant Budget for ~Y95 f~om $109,400 to 5124,900 and th~ additional $15,500 allows for an upgrade of an existing part- time position to full-time.) Vote: Unanimous ~PPROPRiATION O~ FUNDS FOR NON-POINT SOUECE PROGRAM IMPLEMENTATION GP~ FOR FYg5 On motion of Mr. Warren, seconded by Mr. Bsrbsr, the Board appropriated match funds~ in the amount of $19jO00, to support a 319 Non-point Source Prugra~ I~gle~entation Crant for FY95, to ha spread over two fiscal years~ therefore, the grant, if granted by the Environmental Protection AgenOy~ would cross f~scal years 95 and ~. Thm total grant is for SDO,0O0 -- $20?000 of which is to be derived from local ~ources- $5,000 of t~e total $2Q,OQQ local ma~oh i$ compossd of in-kind ~rvic~m which involve review work fhst ia normally done by a contractor. Environmental Engineering wall do the review work and %hen charge the grant. The remaining $1S?000 in local funding will be split among the Environmental Engineering and Utili~ie~ Departments- Both departm~nt~ will absorb these co, ts fo~ both years that the grant will be ~n preceae. The local costs of this grant are a~ follows: In-Kind Services $ Environmental Engineering 3,750 $3,750 utilities TOTAL $12,5~0 $7,500 Vote: Unanimous TRANSFER OF FUNDS FOR SCHOOL AUDITOR POSITION On motion cf ~r. Warren, seconded by Mr. 5arbor, the Beard transferred $~5~00 from the General Fund, Internal Audit Department to the School Fund ODerating F~nd, Adminis=ra~ion, for a School Auditor po~ition~ in which the purpose of the po~itinn is to increase audit coverage for the School System. AUTHORIZATION TO USE RALANCE OF A PREVIOus APPROPRIATION ~ROM UTILITY INDUCEMENT FUND TO F~E F~EDEL #150-9-1-7 On motion of Mr. Warren, seconded by Mr. Barber, the Board authorized the County Administrator fo use the $25~000 bala~ce~ previously apsropriated from the utility Inducemen~ Fund, fur payment of water and wastewater capit~l recovery cha~qe~ for Hill Re£rigeratiun to refund Hill Pnosnix, Incorporate~ for 8.E.5. AUThOrIZATION TO CREATE AN ACTIVE CODE ENFORCEMENT authorized an increase in the Planning Department personnel estebllsh the Active Code Enforcement Program in ~he Jefferson Davi~ Highway and Ettrick areas. (It i~ ~oted thi~ ~ositio~ will be funded through the Community DeveloDment Block Grant Pro,ram and that General Fund money will not b~ used.) Vote: Unanimous 8/~4/94 amended the minutes of June 22, 1994 as follows: FROM: "~r, ~ike Che~na~, AssisTant County AZtorney, stated this date and time ha~ be~n advertised for a public hearing to consider granting chesterfisl~ ca~levis~on, Incorporated a renawat of i~s cable kele¥i~ion franchise and to adopt amendments ~c Chapter 7 of the Cou~t~ Cede related to providin~ cable television seruices in th~ County. ~ furtkar stated ~taff ha~ negotiated an agreement with Comcast which will provide the County with the most powerful cable system in the Richmond metropolitan area and ~reater broadcast p~tential than any system in the region and briefly reviewed the a~reement. ~e Mr. Dopp stated in exchan~ for a ~$-year ~enewel with comcast, Comcast will upgrade it~ eystem to 750 ~hz or 100 channel capacity withiD three year~! prsvi~e expanded governmental, safe~y Channel ~nd equip the new Public Safety ~raining sen:er ~ith tko Capability of broadcasting training material over the f~em Hanchester High School and provide equipment to allow production and broadcasting of educational programs over the subscriber network; connect the new 3ames River High School and Fire Statkon Number 15 with basic service st no cost; and further stated Comcast has also agreed to provisions in the amended ordinance which ~&ll strong%hen Suarentees of high quicker than under current requirements; and will requi~e comcast to submi5 to performance reportinq requirements and public evaluations every two years. He stated if the County commits to purchase the requisite terminal equipment and pay the ra~es calculated, Comcast will commit to provide Institutional Network (INET) services. He further ~tated will allow customers to choose and requested the Board to granting Chesterfial~ ce~levision, Incorporated a renewal of Chapter 7 o~ ~he County Code related to providinq cable negotiated an agreement with Co, cast which will provide the County with the most powerful cable system in the Ri=hmsnd metropolitan area and grsa~er broadcast potential than any in~ludlng Comcast providing eguipmsnt to allow production and broadcasting of educe=lanai programs over the subscriber Iro~bridge Road. Me then introduced ~r. Charles '~Buck~' Deep, wi~h the eapabili=y of broadcasting =raining material over =he 94=611 s/24/94 from Manchester High School; and connect the new Janes River High School and Fir~ Station Humber 15 with basic ~rvioe at ns Cost. He further stated Cemca~t has also agreed 50 provislsns in the amended ordinance which will strengthen guaran~ee~ Qf high customer scrvicu standards; maXe line extensions easier and guicker than under current requirements; and will require Co~¢ast bo submit te performance reporting requirements ~nd public evaluatisns avery tvc years, Ke state4 if tho County COOL. its to purchase th~ r~quisite terminal equipment and pay I~stitutional N~t~©rk (INET) services. He further stated wall allow customers to choose and r~guest~d the Board to accep~ CO~OASt~S franchise proposal." INDUSTRIAL PARK AND AUTHORIZATION PeR GGUNTY ADMINISTRATOR To RENEW ~ OBTIOW ~REE~ENT On notion Q£ ~r. Warren, seconded by Mr. D~rber~ th~ Board the d&te Of SeDtember 28~ 199~ st 7:0Q p.m. for a publiu hearing to consider the conveyance cf approximately 3.S at the ~nd of White Bark Terrace in the Airport Industrial Park and authorization for t~e County Administrator to r~ne~ an option agreement with Childrass Klein Vote: Unanimous COUNTY AND THE CNESTERFIELD COUNTY FAIR A~SOCIATION, on motion of Mr. Warren, secon0cd by ~r. Barber, the Beard ee~ the date of Nsvembsr 9, 1994 at ?:00 p.A. for a public hearing tu consider an amendment to the lease between the County and the Chesterfield County Fair Association, Incsrporat~d, to extend the lease term from December 31, 1999 tm December 31, 2009. Vote: Unanimous 8.B.?.e. TO OO~SIDBR A~ ORDINANCE TO ~END THE CeDE OF 19.1-14, 19.1-2~, 19.1-30, 19.1-~, 19.1-37, 19.1-40, and 19.1- 49 r~lati~g to taxicabs and oth~r vehicle~ for hire. On motion of Mr. Warren, seconded Dy Mr. Barber, the Board approved requests from the International Sports/Southsi~e Mpeedway te stags.a fireworks display at Southside Speedway on Septenber 2~ 1994, (rain date of September 4~ 1994}, and from the Weedlak~ Community Association to stage a fireworks display $]24/94 at the Weedlaks Psvillen/AmphitAeater in Woedlake on September 4, 1994, (rain date cf SeptemBer 5, 1994)r w~ich requests are subject to approval by the Fire Department and the County Attorney's office. Vote: Unanimous ~.B.9. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from thi~ Board, mad~ report in writing upon his examination o~ the road in cameron ~ills, section z, Bermuda Dimtrict, and Nh~reas, the Resident Engineer for the Virginia D~partment of Transportation has advised the Director of Environmental ~ngineering, the ~tr~et in Cameron ~ill~, ~ction E~ Bermuda District, meet the requirements established Dy the Subdivision Street Requirements of th~ Virginia Department of Transportation, and Whereas, ~he County and ~he virginia Department of Transportation have entered into an agreement, re¢ordsd in Deed datemtion/ retention facilities in the County. Transportation~ be and ia hereby requested to take into the Virginia, and the Department's Subdivision Street kequire~ents~ the following: Guaran~ed Right~o£~Way width: ~0~ feet. This request is incluaiv~ of the adjacen= slope~ sight distance, clear zone and designated Virginia Department of plat. Section E, Plat Book 64, Page~ ~ & ~4, ~eoember 22, 1985. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board~ made report in writing upon his e~amlnation of the roads im Hartland and a portion of Preston Place~ Section 1, ~atoaca District~ and Whereas, =he Resi~en~ Enginser ~or the Virginia Department sS Transportation has advised the Director of ~n¥ironmental Engineering, the ~treets in Hsrtland an~ a portion of Preston ~lace, ~ction 1, Mat~aca District, me~t the r~quirements e~tabtished by the Subdivision Street Re=uirements of the virginia Department of Transportation, a~d 94-$13 8/24/94 .............. ~ ............ I,. .......... L__L ........... L ........... [ [ , . Whereas, the County and the Virginia Department cf Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994~ for all stormwater detention/ retention facilities in the County. Therefore, upon consideration whereof, and on motion of Hr. Warren, ~candod by Mr. Barber, it is resolved that the roads in ~artland and a portion uf Preston Place, Section 1, Matoaca District, b~ and they h~raby are o~tablished as public roads. And be it further resolved, that the'Virginia DeDartmen~ of Transportation, b~ and i~ h~reby requested to take into the Secondary Syatem~ pursuant to Section 33.1 229, Coda of virginia, an~ the O~?~rt~ent'~ ~ubdivi~ion ~traet ~quira~ents, the followin~: Name of Street: Burnettedale Drive Length: 0~2~ ~il~ From: the intar~ection of Rout~ ~19 Guaranteed Rich,-of-way width~ 50~ feet. Na~e of Street: Burnet~edale Sour~ Length: O.O~ mile Thi~ r~qu~mt im inclu~iYa of the adjacent slope, sight Transportation drainage easements indicated ~n the development plat. This section of Preston Place i~ recorded as follows: Vote: Unanimous Thi~ day the County Environmental Engineer, in accordance with di~ection~ £rom ~hi$ ~o~rd, made report in ~riting upon hi~ ~×a~ination of the reade in Holly Trace, Sec%ion C, Dale District, and Brnereas, the Remldent Engineer for th~ Virginia Department of Transportation hao advised the Director s~ ~nvironmantal Enginsering~ the streets in Holly Trace~ Section C, Dale District, mee~ th~ requirements sstabliahsd by the Subdivision Transportation, and Transportation have entered into an agreement, recorded in Dead Warren, seconded by Mr. Barber, it is resolved that the roads are established as public roads. And be it further resolved, that the Virginia Depar~men~ of secondary Syetem~ pursuan~ to Seotian 33.1-229, code of 9/Z~/94 virginia, and the Department's ~ubdivision s~rse~ Requirements, the following: ~ame of Street: Holly Trace Court L~ngth: 0-03 mile To: a dead and Guarantea~ Right-of-Way Width: 5D~ feet. ~ame cf Street: Husti~ ~er~ace L~ngth: 0.04 mile ~rom: the intersection of Holly Trac~ Court To: the cul-de-sac ~uaranteed Right-of-Way Width: 50~ feet. ~ame of Street: Again, Hus~ing Terrace Length: 0.09 mile ?ro~: the int~rsectio~ of Holly Trace Court To: the cul-de-sac Guaranteed Right-of-way Width: 5D~ feet. ~ame of Stree=~ Husting Road Length: 0.07 mile ~rom; the intersection of Hueting Terrace To: the end of Route 3154 Guaranteed Highv-of-way Width: 50' feet. Hame o£ Street: Oldbern Read Length: 0.14 mile Guaranteed Right of ~ay width: 40' feet. Na~e of Street: Brenspark Road L~ngth: 0.02 mile Fro~: the ~nd of Ro~te 4692 To: the cul-de-sac Guaranteed Right-of-Way ~idth: 50~ ~eet. Guaranteed Right-of-Way: 50' f~et, Thi~ request is inclusive of the distance, clear zone and designa=ed Virginia Department of T~is day the County Environmental Engineer, in accordance wit~ directions from this Board~ m~de report in writing uDon his examination of the road~ in Meado~brcck Parm~ 9ection D and a portion of Rock Spring Farms. Section B, Dale District, and Whereas~ the Resident Enqineer for the Virginia D~partment of Transportation ha~ advised the Director of Environmental ~n~ineering, the streets in Meadowbreok Farm, Section D and a portion of Rock spring Farms, Section B, Dale Dietrict, meet the r~quir~m~nts established by the subdivision s~reet ~ecuiremen~ of t~e virginia D~part~eht Of Transportation, and Whereas, the County and the Virginiu Department of T~ane~ortatien have entered into an a~reement, re~erd~ in Deed Book ~53, Paqe 405, January 21, 1994, for all stormwater detention/ re~en~ien facilitiem in the County. Therefore, upon consideration whareef~ and un motion of Mr. Warren, ~conded by Mr. Barber, it is resolved that the r~ad~ in ~eadowbrook Farm, Section D and Rock spring Farms, Section B, Dale District, be and they hereby ere established as public roads. A~ be it further resolved, that the Virginia Department of Transportation, be and is hereby ~eguested ~e taka into the the following: Guaranteed Right-of-way width: 50' fe~t. Guaranteed Right-of-Way Width~ 60' feet- From: ~elbeck Lane T~is request is inclusive of the adjaeen~ slope, sigh~ distance, clear zone and designated virginia Department ef plat. This sestion of Reck spring Farms is recorded as follows: Vote: Unanimous This day the County Environmental Engineer, in a=cordance with directions from this Beard, made report in writinq upon his examination of the road in village square Parkway, Phase Matoaea District, and Whereas, the Resident Engineer fur the Virgihia Department of Transportation ~as advised =~a Directer cf Environmental Engineering~ the street in Village Squarz Parkway, Phuse I, ~ateaca District, meet the requirements established by Subdivision Street R~uirements cf the Virginia Department of Transportatisn~ amd Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed ~eok 24~3, Page 40~, January 21, 1994, for all stcrmwater d~tention/ retention facilities in th~ County. T~efore, UpOn consideration whereof, and on motion of Warren, eecsnded by Mr. Barber~ iD is resolved that =he road in Villnge Squar~ Parkway, Phase I~ Matoaca District, be and it hereby is established as a public road. And be it further resolved, that the virginia Department of Tranmportation~ be and is hereby requested to take into the ~ecendary System, pursuant to Section 33.1-229, Cc~e of 94-616 Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: village Square Parkway Length: 0.19 mile Pram: the interm~etion of W©odlake Village Parkway (Stat~ Route 3600) To: a ~emporary turnaround Guaranteed Right-of-Way Width: 70' feet. This request is inelu~iv~ uf the adjacent slupe~ sight distancm, elmer zone and d~iq~at~d Virginia Department of Traneperta=ian ~rainage easements indicated on the development plat. This road serves as access to adjacent nubdivi~ions. This phase of Village Square Parkway is recorded ~s f~llows: Vote: Unanimous Thim day the County Environmental Engineer~ in accordance with directions fron this Board, made report in writing upon his examination cf the road in Village Square Parkway, Pha~e II, Whereas, the Resident Engineer for the Virginia Transportation ha~ advised tho Director of ~nvironmental Engineering, the street in Village Square Parkway, Phaue II, Matoace District, meet the requirements established by ~ubdivision Street Requirements o~ %he Virginia Qep~rtmen~ of Transportation, and Whmress, the County and the Virginia Department of Transporga¢ian have angered into an agreement, remorded in Buck 2453~ Page 405, January 21, 19~4, for all stormw~ter ~e~ention/ retention ~aoillgie$ in the County. Thmrefere, upon considers%ion whereof~ and on motion of Mr. Warren, seconded by Mr. Barbers it is resolved that th~ road in Village Square Parkway, Phase ii, Matcmca D~strict, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of virginia, and th~ Department,s Subdivision Street Requirements! Name of S~reet: Village Square Parkway Length: 0.2~ mile To: a dead end This reques~ is inclusive of the adjacent slope, sight plat. This read serva~ aa access ~n adjacent subdivisions. This phase of Village Square Parkway is recorded as follows: Vote: Unanimous This day the County Environmental Engineer, in accordance directions from this Board, made report in writing upon his examination of the roads in S~lisbury Michau×, Section B, ~idlothian Pistrict, and Whereaa~ the Reeident Engineer for the Virginia Department of Transportation kas a~v~ssd th~ Director of Environmental En~ineering~ the streete in Salisbury ~ichaux, Section Midlothian District, meet the requirements established by the Subdivicion Street RRMuire~ents cf the Virginia Department TraDsportation~ and Whereas, the County and the Virginia Department of Book 2453, Page 405~ January 21, 199g, for all stor~water detention/ ~etenti0n facilities in the Coumty. Therefore, upon consideration whereof, and on motion of Mr. Warren, seconded ~y M~. Barber~ it is resolved that the road~ in Salisbury Michau×~ Section B, Midlothian Di~trict~ be and And be it further resolved: that the virginia Department of Trangportation, be and is hereby r~q~eztad to take into the secondary System, pursuant to Section 33.1-229, Code of V%rg%nia, and the Departnent's Subdivision Street Req~ire~ents~ the following: Name of Street: West Salisbury ~oad Len~t~: 0+1~ ~ile TO: the intersection cf chrie%endom ~rive the intersection of west galisbury R~ad the cul-de-~a~ the intersection of West 8allebury Read Guarmnteed Right of Way Width: 50' feet. Name s~ street: ~il~enborou~h Drive Length: 0.~4 mile From: the intersection of Gild~nborough Drive This request is inclusiv~ of th~ adjacent slop¢~ sight ~is~mnce, clear zone en~ designated virginia Department of Vote: Unanimous This day the County Environmental Engineer, in acc:rdanca with directions from this Board~ made reDort .in writing upon his examlna~ion of ~he r'oads in salisbury Michau×, So0tion C, ~idlothian District, and Transportation has advised the Director of Environmental Engineering, the streete in Salisbury ~i~hau~, Section ¢, ~idlothian Dis~rict~ meet the requirements established by the SUbdi~ision_~rOe~ Requirements of th~ Virginia Department of Transportation, end Whereas~ th~ County and the Virginia Department cf Therefore, upon consideration whereof, and on motion cf Mr. they hereby ara ~stablished as public roads~ And b~ it further resolved~ that the Virginia Department of Transpcr:atien, be and is hereby regues~ad to take into the virginia, and the Qepar~mant's Subdivision Street Requirements, the following: Gu~r~n%~e~ Right-of-Way Width: $0' feet. This request is inclusive of the adjacent slope, sight Transportatis~ drainsge easements indicated on %he development ~.B.A0. AWARD OF CONSTRU~TIO~ G0~TRAGTS ~.~.10.a. TO T & ~ CONSTRDCTION, C~MPANY~ INCORPORATED FOR ROUT~ ~0/LANbFILL D~VE AREA ~EWEa ASSE$S~N~ DISTRICT On ~otion Of ~r. Warren, sesonded by Mr. Barber~ tho Board a~arded a contract to T & E Cone%rue%ion Company, Incorporated, tho Iow bidder~ in t~e amount of $243~824.25, for construction of tho Rout~ 10/Landfill ~rivs Area sewer Assessment Distrlc~ Project, Sanitahy Sawer Contract #910141; appropriated $L08,000 from wastewa~er fund ~alanse~ ~nd authorized th~ County Administrator to a×ecute the necessary documents. (It i~ noted the balanc~ of ~unds needed for this project are available in the project b~dgmfi.) ~ote: Unanimous ..................... L i ~1 ......... L .............. L I PLANT N~NSION JOINT REPLACEMENT O~ motion of Mr. Warren, seconded by Mr. Barber, the Beard awarded a contract to ~estarn Utilities, the oecond low bidder, in tke amount u~ $67,37B, for the swift Creek Water Treatment Plant Expan~isn Joint Replacement, Ccnztruction Contract ~94- 011BR and authorized the County Administrator to execut~ the necessary documents, lit i~ noted funds for ~his project are available in th~ current Capital Improvement Budget.) Vote: Unanimous 8.B.lO.c. TO 6. L. ~OW~RD; INCORPORATED F~R JAHNKE ROAD WATER LI~B, ~HABE Ii on me,ion of Mr. warren, seconded by Mr. Barber, AWArded a contract to G. L. Howard, Incorporated, the low bidder, in the amount of $794,$0S, for construction ef the Jahnke Road Water Line, P~e~ II~ Water Contract #930093, antherized tRe County Administrator to execute th~ necessary documents. (It is noted funds for this project ere appropriated in the current Capital ImDrovemen~ Budget.) Vo~e: Unanimous to G- L- Reward, Incorporated~ in the amount of $79~831, for Addi~±onal work and materials required tc extend th6 36 inch water line under Buferd Road for the Jahnke Rued WAter Line~ Phase I~ Projec% g90-0385B- ti% is Do,ed fund~ are available in the current Capital Improvement Budget.) On motion of Mr. Warren, seconded by Mr. Barber, the Beard authorized the County Administrator to so,cute o Change Order to APkC - vA~ Tncorporat~d~ in th~ amount of $%8,440, for i~provements to ~he intersection or Lori Koad and Lucy Corr Drive_ (It is n©t~d funds ar~ availabl~ in the Jail Annex Projec~ CC ~ransfer for this change erdar.) e.B.l~.a. VINeINIA TRUCE approYed a utilities contract for Virginia Truck Center, extension cf 972 L.F.+- of 15 inch ~versi~ed wastewater lines virginia Truck cen~er of Richmond, Incorporated Piedmont Construction Company~ Incorporated Cnntrsct Amount: Estimated Total Total Estimated County Cost: Wastewater (oversiz~nql (Refund thru connections) Estimated Developer Cost: Code: (Ovsrsizing) District: Bermuda Vot~: Unanimou~ - $~1,179.Z5 . - $ 8,359.20 - $92,820.05 5N-572WO-E4C On motion of Mr. Warren, seconded by Mr, Barber~ the Eoard approved a water contract for Windsor Park, Section 2, Contract Number 99-04~ as follows, which project includes the extension of ~505 L.F.+r cf 12 inch oversized water lines and authorized ~he county Administrator to execute any necessary Developer: Hilhiser Mal~ey Land Develepmen~ Contractor: Lyttla Utilities~ Incorporated Contra¢~ Amount: Es~ima~e~ Total - Total Estimated County Costr Wa~tewa~er (Qversizing) ~stimated Developer Cost: Code: (Oversizing) District: Matoaca Vote: Unanimous ~.~.~. REQ~EZTE FOR ~ERMIRSION 8.B.13.a. FROM SL~, INCOR~ORJ%T~D ~0 CO~ROCT A TWELVE FOOT ALL-WEATHER DRIVEWAY WITHIN A~ EXISTIN~ FIFTY FOOT On motion of Mr. Warren~ seconded by Mr. Barber~ the ~card ~p~reved a request from SLA~ Incorporated to construct an all- weather driveway within an existing 50 foot right of way known as Summit Acres Lane, subject to the execution off s lioenme agreement. (It is noted a copy of the plat is file~ with the papers of this Board.) 8.~.l~,b, F~0~ ~. L~ISA D. WAMSLE¥ TO H~CROACH WITHIN A = drainage and uKility easement, t~ o~nstruct a split-rail %0 ~he execution of a lisense agreement. (It is noted a copy of the vicinity sketch is filed with th~ p~pers of thi~ 5card,) 8.B.19,o. PROM MR. DAVID WARRINER TO 9UITCL~IM ~ PORTION on behalf of Trivon b~vslop~eBt, to quitclaim a portion cf a variable width drainage eaoe~ent across property owned by Triven DeYelop~ent~ in proposed Roxshirs, Section 13. (It is noted a copy cf the plat is filed with the papers of this Board.) S.S.14. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC On motie~ of Mr. Warren! seconded by Mr. Barber, the Board a~thurized the Chairman ~f the Board and the County Ach~inistra~or to execute an easement a~reeoen~ with Virginia Electric and Power Company to pr©vide overhead power for service to mobile classrooms behind Meadcwbrook Nigh School. (It is noted a copy of the plat is filed ~ith the papers ~f this Board.) Vote: Unani~one ACCBPTANC~ O~ ~A~CBL OF LAND FRO~ CMESTERFIB~D F~LL ASSOCIATES ~OR DEDICATION OF PROPOSED KOGBR CENTER BOULEVARD On motion of Nr. Warren, seconded by ~r. Barber, the Board accepted, on bahal£ of the County, the conveyance cf 0.272 copy of the plat is filed with th~ poper5 uf thi~ Board.) $.B.a6. SET DATE FOR PUBLIC N=ARING TO CONSIDER INSTALLATION On motion of ~r. Warren, seconded by Mr+ Barber~ the Boa~d set the date of October I~, 1994 at 7:00 p.m. for a public h~aring to consider installation of speed humps on Wh~tepine Road near ~ronbrid~e ~ark, Dale Woods, and Kuntingere~k ~ills Subdivisions and on Green Cedar Lane, Chester Forest Lane, and ~ine Glade Lane in Treemont Subdivision- vote: ~nanimeus 9. HEARINGS OF CITIZENS ON UNSCHEDULED FJ~TTERE OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or ctaim~ scheduled at chis ~ime- On motion of Mr- Barb=r, seconded by Mr- Warren, the Board accepted the following reports: ~r. Ramsay presented the Board with a report on the ~eveloper Mr. Ramsay presented the Board with a status report on the Genersl Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease PurChases. Vote: Unanimous ~/24/94 12. DINNER On ~otion of ~r. Barber, seconded by F~r. McCall, the Board recessed ~o travel to the Jefferson Hotel for a victory celebration with the Richmond Metropolitan Chamber of Commerce regarding the Matropelitan Economic Development Partnership. Vote: Unanimous Recenvening: Mr. ~cHale acknowledged the recent death of The Honorable Nhaley M. Colbert, Chairman of the ~oard of Supervisors and ~atoaca District Supervisor~ and stated the County has suffered a great loss of sOmeQne who made a life ~ime of commitment to people around him and to the County chat he laved. Re further ay6 of the people and used that ability to serve his Matoaca District. Ther~ wa~ ~ moment of silence in memory of ~r. Colbert. Mr. Mc~ale in%reduced Reveren~ George Moore~ Pamtor of Fountain of Lif~ Gospel Caravan Church, who gave the invocation. 14. PLED~ OF ALLEGIkNCE TO T~E PLA8 OP THE UNITED STATES OF ~ey Scout Troop ~15, sponsored by Chester United ~thcdi~t ~hurch, gave %he Pledge of Allegiance to the Flag of the United ~r, MoH~le again reviewed the ~roc~dure thaL would follow in previsions of the County Charter, th~ remaining members of the ~ear4 is unable ~o agree on a ~eDlacament wi~hln 60 ~sy~, the its next regularly scheduled m~e~ing on Wednesday, september ~uperviscr, an individual must be n qualified voter and mu~t reside in Matoac~ DistricL at the time of seleetlon by the ~erve ~hould ~ubmit a letter to the Clerk to the Board of 1994; that the te~er should be accompanied by s the letter and resume may bu accompanied by any other suppertin~ documentation th~ individuol f=el~ may assist the other ~uDDortinq material submitted by candidates for the office may become public records; and ~hat if the Board may solicit candida=es for =~e seat from among qualified citizens cf Matoaca District. Re further stated it District $upervi$or an individual who is highly qualified represent all the citizens of Matoace Diatrict~ that this person ~hould be ks~wn to %he citizens of Matoaca and be able to vigorously represent their interests on the Board and ~th the County Administration; and that at the same time, this before the Board and work with the County's regional partner~. 1~. RE~OLUTIONS HNb ~ECIHL RECOGNITIONS On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boycs sc February S, 1910; and WHEREAS, the Boy Scouts of America was founded to promot~ citizenship trsining, personal development, and fit~s~ of individuals; and WHEREAS, after aa~nin~ at least twenty~one merit badges in a wide variety of fields, ~rving in a leadership position in a trmop~ carryin~ out a service project beneficial to his community, b~ing active in %~ ~oop, demonstrating Scout spirit, and living ~p to the Scout Oath am~ Law; and WHEREAS, ~r. Michael Brian Kelley, Troop SOO, mponsored by ~thel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Seou~ which is ra=eiv~d by less than two p~rcent of those individuals WHEREAS, ~rowing through his e×Derienoes in Scouting, learning the lessons of responsible citizenship, and priding himself on the gr~ot ac=ompli~hments of hi~ C©UDty, Michael is of whom we can all bs very proud. NOW, THEREFORE BE IT RESOLVED~ that the Chesterfield County ~oard of Supervisors hereby extends its congrstulation~ to Nr. Nicha~l ~r~an ~elley and acknowledges th~ good fortune of the county to have such an outstanding young man as one of Vo~e: UnanimQu~ ~r. B~rb~r pre~ented the execut~ re~otukioD to ~r- K~ll~y, accompanied hy his parent~; and con~rstulsted him on his outstanding auhievement- PAMELA K. BOMBOY A8 ?BE ~99S CHESTERFIELD COUNTY T~HCNER O~ THE YEAR Mr. Stlth introduced Ms. Pamela Bomboy who was present to receive the resolution. Om motion of th~ Board, the fellswin~ resolution was adopted: WHEREAS, the Teacher of the Year Awar~ Program recognizes t~achers who represent the b~st in teachin~ across the Commonwealth and Nation; and WHEREAS, KS. Pamela K. Homboy was selected to represent Chesterfield County in the 199D Virginis Teacker of the Year Rrogra~ selection process; and 94-624 8/24/94 WHEREA$~ Ms. Somboy has taught scianoe et Providence ~iddle School since 198~; was a Librarian at Davis Elementary School from 19S2 to 1985T>and hae been iA the teaching field for the past nineteen years; and WHEREAS, Ms. Bombay received a Master's Degree in Library $cian~e from the univerei~y of Pittsburgh and a Ma~te~'s Degree in Science and ~ocial Studies E~eation from Virginia CommonWealth uoivereity; and WHEREAS, early in her career, M~. Bombay ~aught in a three-room ach©el in the Cumberland Mountains ~f Kentucky where end WHEREAS~ with a ~rant fro~ the Greater Richmond Environmental Action Trust, Ms. Bombay has ~steblished an e~ewardship; and WHEREA$~ Ms. ~ombey will represent Chesterfield County by County Board of Supervisors hereby acRnewledges the good fortune of the County to havu such an outstanding individual as one of its teachers, AND, BE IT FURTHER RESOLVED~ that the Board of Supervisors hereby congratulates Ms. Pamela K. Sombsy for being na~ed the 1995 Chesterfield County Teachs~ of the Year and acknowledges ~r. Warren presented the executed resolution to Ms, Bombay, dedicated service to the County, eno congPatulated her a~ ~elng ~u. Bombay uxprauuud appreciation for the recognition and public h~aring to consider an ordinance relating to tax litigation involving tax refunds and, therefore, u~aff requests s thirty-day deferral. No one came forward to speak in favor of or againmt deferring this public hearing. 94-6~5 $124/94 IMPROVEMENT BUDGET TO INCLUDE CONGESTION MITIGATION~ QUALITY PROJECTS Mr. stith stated this gate an~ time has been advertised for a public hearing to consider ~mendlng the ?¥95-PY00 Secondary Road Slx Year Improvement Plan and FY99 Secondary Road I~provemsnt Budget to include c©nge~tion mitigation/air quality prmj ect~. Mr. George Beadles expressed concerns relative to the use of funds for this project and stated he feels th~sa funds should be used toward the installation of speed humps in neighborhoods. There being no one else tQ address thi~ i~u~, the public hearing was closed~ ~hen asked, Mr- McCrack~n sta~ed three fund~ will be used to i~stall a traffic signal at the intersection of providence and Elkhardt Roads with turn la,es that are necessary to make the signal work efficiently. On motian of Ma. Warren, seconded by Ms+ Daniel, the Beard adopted the following resolution: WHEREAS, the Board of SuDsrvisor~ on May 25, 1994, approved a Secondary Road six Year Improvement Plan and FYP~ Budge%; and W~R~S, in 19~3, the Metropolitan Plannlng Organization approved the County's r~qu~st ~or the Providence Road/Elk~ardt Road intersection to be improved as a Congestion Mitigation/Air Quality (CMAQ} Project; and WHEREAS, the Virginia Department of Transportation ham informed th~ County that the ~rovidence Boad/Elkhardt Road intersection project ~ust be added to the Elan before Secondary Roa~ funds can bs used for the r~quir~d local match for CMAQ project~; and WHEREAS, dudesignat~d CMAQ projects are anticipated in future years of the Plan. ~ow, TR~REFOE~ BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves the addition Of the Providence Road/Elkhaadt Road C~Q project and blanket unde~iqnat~d future CMAQ projects to th~ Plan. AND, BE IT FURTHER RRSOLVED~ that the Board approves the addition ~f the Providence Eoad/Elkherdt Road CM3kQ project to the FY95 budget_ Vote: Unanimous ~$~O. ~O CO~$IDER A REOUEET TO OUITCLAIM PORTIONS OF ~ Mr. Stith ~tatad thee da~s and time h~s ~een advmrbisad te quitclaim portions of an existing variable width right of way On motion of Mr. Barber~ seconded by Mr. Warren, the Board ~u~korized the chairman! of %he ~oard~ and ~he County Administrator to execute a quitelai~ deed to vacate portions of ~ variable width right of way known as whi~ten Parkway. (It is noted a copy of the plat is filed with the papers of this Board.) Unanimous i~.D. TO CON$IDUR AN ORDINANCE TO VACATE A ~ORTiON OF ~ BIGHT FOOT EASRMENT ACROSS LOT 42, ARBOR LAI~DINS SUBDIVISION,. Mr. Stith stated this date and time has been advertised for a an eight foot easement across Lot 42, Arbor Landing Subdivision, Section 8. On mQ%ion o~ ~r- ~arher~ s~cmn~ed ~y ~r. Warren~ ~he Board a per,ion of an ~' easeman~ across Lo~ 42, Arbor Landing chesterfield County, Virginia, a~ ~hown on a blat Supervisors cf chesterfield County~ Virginia to vacate a Che~terfiel~ County~ Virginia more particularly shown on a plat which is more fully shown on a plat mad~ by of which ie attached hereto and made a pa~t of this Ordinance. 431 of the Code cf virginia. 1950, a~ a~ended, by advertising; W~EREAS, no public necessity e~ists for the continuance of NOW, THE~OR~ 5E IT 0RDAIN~D DY T~E bOARD O? SUPERVISORS That pursuant to Section 15.1-482(b) of the Code ..c~ This Ordinance 5hall be in full force and effect in accordance with Sec%ion l~,l-4~(b} Of the Code cf virginia~ together with ~e plat attached hereto shall be recorded no sooner ~h~n thirty days hereafter in th~ Cl~rk's office of the 94-~27 Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-~S5 of the Code of Vircinia, 1550~ as amended. The effect of this Ordinance pursuant to Section 15.1'-483 portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of eaeemen~ hereby vacated in the property owner of Lot 42~ Arbor Landing Subdivision, Section Sd Accordingly, this ordinance shall be inoexe~ in ~he names of th~ County of Chesterfield as grantor ~nd TATE TERra%CB REALTY INVESTORS, INC., a Virginia Corporation or their s~¢ce~sors in title, as grantee. Vote: Unanimous 16.E. TO CO~SIDBR AN ORDINANCE TO VACATE A PORTION OF RARBOOR Mr. sti~h state~ this date and time has been adv~rtise~ for ~arbeur Pointe Road within Land's End subdivision. No uno uam~ Iurward to speak in £aver o~ or against ~his On motion of ~r. Warren, seconded by Mr. Barber, the Board adopted the following ordinance: VIRGINIS, ("CRANTOR") vacates to ¥ON~ NA~ KO and SUK CHI KO, (husband and wife) and BRANDERMILL Earbeur Polnte Road within Land's End (resubdlvision of a portion of Open Space "A" in ~eyport CLOVER HILL M~gisterial OistritL, Chesterfield County, Virginia~ as shown on a plat duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Hook 3~, at Pages 53 and WH=RBA$, TH~ CHESTBRFIELD COL~TY PLANNING CO~D~ISSION, p~titioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Harbour Pointe Road within Land~s End (resubdivision of a portion of Open Space '~A'~ in BayporL Lan~ing and), CLOVER HILL Magisterial DistricS, Chesterfield Ccunty~ Virginia ~ore particularly shown on a plat u~ record in the Clerk'~ osfies Qf the Circuit Court cf said A$SOCIAT=S, INC., date~ AUGUST 11, 1981. Tho per%ion uS right of way petitioned to bs vacated is more fully described as fellow=: A pot=ion of Harbour Pointe Road, the location of which is more fully shown on a copy of a portion ~f the a~ove referenced pl~t, The copy WNEREAS, nobice has been given pursuant bo Secbion 15.1- 431 of the Code of virginia. 1950, as amended, by advertising; the portion of right of way sought to be vacated. ~QW, THEREPQRE BE IT ORDAINED BY THE BEARD OF SUPERVISORS OF C~BST~RFI~LD COUNTY, VIRGINIA: Vfr~inia~ 1950~ as am~nde~ th~ aforesaid portion of ~ight of way be and im hereby vacated. ' GRANTEE hereby conveys unto the ~oE and G~ANTO~ hereby reserves a utility easement across the entire portion of Harbcur Pointe Road t~ be vacated. This Ordinance shall be in full force and effect in a~oordance w~th ~eetien 15,1-4~2(b) of %he Code of Virginia, 1950, a~ amended, and a certified copy of this Ordinance, together wi~h ~he plat attached hereto shall be reuurdsd no sooner than thirty days hereafter in the Clerk'~ office of the Circuit Court of Ches~erfleld County, Virqinia pursuant ~o Secticb 15.1=485 Of the COde uf Virqinia, 1950, a~ amended. The effect of this Ordinance pursuant to Section 15-1-483 is to destroy the force end e~eo~ of =he recording of the portion of the plat vacated. Accordingly~ this Ordinanc~ ~hall be indexed in the names of the County of Che~Ler£ield as gram:or and YONG NA/~ KO and ~U~ C~T ~0~ and B~AkND~F34ILL COMMUNITY ASSOCIATION, or their 9~SRO~O? In Dale Magisterial District~ O~Ai~LES E. AND JUDY ~. requested renewal of Mobile Home Permi~ 87SROlll to park a mobile home in a Rmsidential (R-7) Dim=riot. The density Of this proposal is approximately 0.96 nnits per acre. The Comprehensive Plan desiunaLes ~he property for residential of 1.51 to 4.00 ~its/acra. This property fronts the west line of $ou~h Beulah Road at Bellbluff Drive and is better known as 6680 SOUth Bec!ah R~ad. Tax Map 67-1 {1) Parcel 3~ (Sheet Mr. Peele presented a summary of Case 9S~ROl07 and stated the Board of Supervisors deferred this Cass at its July 27, 1994 Board meeting to provide an opportunity for the applicant to mae= with concerned neighbors. He further stated staff met with adjacent prupsrty owners to discuss i~suem, however, a oondition~. Ms. Shirley Grant stated she spoke in opposition to ~he reguest home. Zr. Daniel sta~sd he spoke with the applicant yesterday and ~r. AlspaUgh informed him hu decided to remove the mobile ho~$. property. Mr. Daniel then inquired, at %he applican:'s request, if the On his filing fee. Mr. ~icas eta=ed the County code does not ~/2~/~ Daniel then inquired, ab 2ha applicant's reguest, if the request is denied~ whether the applicant is still required to pay a sewer charge. Mr. Micas stated because the applicant prepaid a connection fee, he would kava bo continue paying the Mr. Daniel then instructed staff to send a letter be the applicants outlinin~ tDe answers to ale quastioD$. to remove the trailer. Mr. Min~n clarified a denial dses not teuhnlcally allow the applicant two years to remove the trailer from the property. He further stated the Board would have to grant the permit for two yearn to allow the trailer to remain on the property. Mr. MoHale called for the vote on the notion made by Mr. Daniel, ~ncondad by Mr, Barber, for the Board to approve Case 95~R0107 for two years for the existing ueb~lm home only, subject to the following standard conditions: i. Th~ applicant shall be the owner and occupant of the mobile hume. 2. No lot or paruel may be ranted ur leased for use as a mobile home site, nor s~all any mobile home be umed for rental property, only one (1) mobile home shall b~ permitted tubz parred on an individual lot or parcel. 3. The minimum lob si~e, yard setbacks, required front yard~ and other zoning requirements of t~e applicable zoning district shall be coK~li~d with, except that no mobile home shall be located closer than 20 ~eet to any existing residence. 4. No additional permanent-type living space may be added onto a mobile home. Ail mobile h~mes mhall be skirte~ but shall not be plac~d on a permanent foundation. 5. Where public (County) water and/or se~er ar~ available, 6. Upon being granted a ~bile ~eme Permit, the applicant ~hall then obtain the necessary permits from the Office of the ~uil~ing Official. This shall be done prior to the installation er relocation of the mobile home, Any violation of the abuvu conditions shall bm greund~ for revocation of the Mobile Home Permit. Vote: 958R0126 In Bermuda Magisterial District, HEL~ WILLIAM~ requested renewal of ~ubile Home Permit 87~R127 to park a mobile hems in a Residential (R 7) District. The density of this proposal is approximately 1.85 units p~r acre. Th~ Comprehensive Plan designates the ~reper~y for residential use o~ 1.$1 tu 4.00 ~it~/aer~. This p~pe~ty f~cnts th~ so~th lik~ Of Alcott Road at sena=e ~breet, and is bet=er known as 3025 Alcott Road, Tax Kap S7~1 I2) Rayon Park, Block 6, Lots 13 through 20 ISheet 23), ~r, ~oole presenbm~ a summary o~ Case 9~$R0126 and stated the mobile home is located on property belonging to the applicant and is served by public water and a septic system. He further years subject to standard condition~ and noted the mobile home Ms. Helen Williams stated staff's recommendation is acceptable. There was Ko opposition present. approved Case 9~SR0!26 f~r seven years subjeot to the following ~tanderd conditions: mobile home. rental DreDer%y. only one (1) motile home shall be p~rmitted to be D~Vk%d on an individual lot or parcel. ~nd other zonin~ requirements of The applicable ~oning district shall be complied with~ excep= that ne mebil~ residence. but shall not be placed on a permanent foundation. Wh~r~ public (County] water and/ur s~wer are ~vaila~le, shall then o~%ain the necessary permits from the Office of the Building Official. This shall be done prior to the in=~alla=ion or relocation of the mobile tome. Any violation of the absYe mahdi%ions shall be grounds for Vote: In Midlothian Magisterial Districf, SOUTHEAZTERE A~SOCIATES~ INC. requested rezoninq from Neighborhood ~usiness (C-2} to Community ~usiness It-3). The density of eue~ amendment will be controlled by zoning conditions or Ordinance standards. The use. This request lies on ~46 acres fruntin? approximately Alverser Drive. ~a~ ~ap i$-S (1) ~arcels 17 and 51 (~heet 7). Nr. Pools presented a sumnary of Cass 9~SN0253 and stated the aocep~ance of ~he proffered conditions. He noted the request ~r. Jim Theobald, representing the ~pplic~nb~ sta~ed the On motion of ~r. ~erber~ seconded by Mr. Warren, the Beard complete development of the Property~ ~hs developer shall 94-631 ......... L __ [..~..I L I L belew and %c 5he extant as schematically shown on the plan prepared by 3. K. Tim~ons and Asseciates~ P. C.~ dated July 7, 1994, filed herewith (the '~Plan~l; A. Csnetrnction of an additional lane of pavement along Property frontage; and Construction of additional pavement along w~s% Keger Center Boulevard a% ils intersection with ~uguenot Road to provide a westbound right turn lane. Prior to any site plan approval, or upen request by the developer ~hall dedicate to the County, free and unrestrlc%ed, any additional non exclusive temporary construction easement over the Property required for the improvements identified in Proffered Condition iA above, and a non-exclusive easement oVe~ the Pro, arty for traffic signalization equipment and appurtenances and maintenance, e~eh traffic signalization easement to be in the l~catio~ as schematically shown cn the Plan. Prior to amy mite plan approval, a phasing plan for required road imprevem~nts~ iden~ifXed in Proffered Condition l, shall ba submitted t~ and approved by~ the Transportation Departnent. A~ems to ~ugu~not ~oad and W~st ~oger C~nter BoulaYard shall be as generally shown on the Plan, The ~xact location of these accesses shall be approved by the The following uses shall not be permitted On the Property: A. Automobile service stations. B. Motor v~hicle washes. Veterinary hospitals and/or commercial kennels. Public sewer shall be used. Vet e: In Bermuda Magisterial Dis~r~ct, A. J. C~RV~N¥ requested r~zoning £r~ Re-ideates1 (R-7) and Community Busin~s~ ~C-3) to General Businesm (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards_ Th~ comprehensive Pla~ designates the property for commercial/industrial corridor use. Th~s request li~ on 4.1 acres fronting approximately 450 feet on the wes% line Jefferson Davis ~ighway, approximately l,a00 fe~t south of Forest LaRe Road. Ta~ Map 133-7 (3] Hillsview, LOts 1 through Fir. Pools presented a summary of Ca~e 94SN01~l and sSat~d the Planning Ce~i~lon and staff recemmend~ approval and conforms to the Southern and Western Area Plan. Mr- Dean Mewkins, representing the applicant, stated the recommendation is a~Geptable. There was no opposition On moSion of ~r. ~cHale, seconded ~y Mr. Barber, th~ Board approved Case 94SN0181 and accepted the following proffered 1. The public wastewater system shall be 94-632 2. Prior to site plan a~prcva], sixty (60) feet of right Of way on the west side of Route 1/301 measured £rem the =en~erllne of that 'Dart of Route 1/301 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Cheuterfield C~unty. Prior to site plan approval, a fifty (50) £oct wide right of way f~r a special access str~t Ipublicl from Route unrestricted, to and for the benefit of Chesterfield County. The righ~ of way shall align with the existing Greenlei~h Mobile Home Park acces~ and ~xt~nd to the western property line. The e~ac~ location of this right of way shall be approved by th~ Transportation Department. 4. Direct access to Routs 1/301 shall be limited to the special access s=reet as generally described in Proffered Cendxtioe ~, To provide for an adequate roadway ~yst~m st ~he time of the complete development, the develope~ sh~ll be regpongible for th~ f©llswisg~ Construction of additional pavement along the ~e~sratiun does net warrant a right turn lane ba~ed (i.s,, one (1} w~st~ound lane ~nd two (2) eastbound lanes) for the special access street at its intersection with Route 1/301. CoDdition 5, shall be ~ubmitte~ to and approved ~y the 95SN0100 In Midlo~hian Magisterial District, J~4ES F. EUBBA/~D requested amendment to Conditional Us~ 91armed Development (Case 8~S024) to per~i~ motor vehicle sales~ service and repair in a Light Industrial (I 5} District. The density cf such a~endment will b~ controlled ~y zoning conditions or Ordinance standard~. The Comprehensive Plan designate~ th~ prop~vty for light industrial use. This request lies on 1.~ acre~ frentin9 approximately 450 f~t On the east liue of Johnston willis Drive, approximately 450 f~t north Qf Trade Court. Tax M~p 17-11 (1) Parcel 35 (Sheet 8). Mr. Peele Dremanted a summary of Case 955N0100 and stated the Planning Commission and staff re~ommen~e approval ~ubj~ct to Cenditien~ and acceptance of e proffered condition. Hs noted the request conforms to the Northern Area Land Qse and Transportation Plan. Mr. ~ames F. Hubbard stated the recommendation is acceptable, On mo:ion of Mr. Barber, seconded ~y Mr, Warren~ the Boar4 ~pproved Ce~e 95sNo~oo ~ub~ct to the follow~ng conditions: 1. In addition to the uses permitted by Case 83S02~, ~otor vehicle sales, s~rvice and reDair (excluding body work} shall be permitted. (P} (~QT~: This condition modifies Condition 15 of Case 83S024 relative to umes.) 2. There ahall be no outdoor speaker ~y~tem. (P) 3. Ail qara~e-type door~ shall be oriented away from adjacent ~creened from vie~ cf Johnston Willis Drive. The exact method of screening shall be approved at rims Q£ sit~ ~lan review. Ir) fcllowin~ p~Offer~d And, further, the Beard accepted the condi%iun: Public wastewa~er shall be used. (NOTES: Vote: Unanimous These conditions are in a~dition to t~e conditions ~f ~cninq approval for Ca~e 83S024. All ~onditis~ of ~onin~ a~rcval for Ca~e ~A~024 r~main in effect.) 95~0102 In Bermuda Maqi~erial Di~triet~ JOSEPK B. JONES~ JR~ requested rezoninq from Community Bu~ine~ (C-3) to Rezidentiet (R-9). COntinued ~se of e×isting reslde~ees for ~eside~tial purposes is planned. Residential use ef up ~e 4.S4 units per acre is permitted in a Residential (R-9) District. The Com~ahensive Plan ~esignates the proper~y for residential use of 2.51 to 4.Q units per acre. This request lies om three (3) ParCels for a total of 1.s acres, ~newn as 2{2~ and 242~ A~erdeen ROad and 2422 Sherbourne Read. Tax Hap 5~-15 (2} Bensley Village, Part Mr. Pools presented a summary of Case 95SNQ1Q2 and stated the the request ccnfmrm~ to the Jefferson Davis Corridor Plan. Veto: Unanimsus In Dale Magimtxriat Disnrict~ O. H. }L%RR~$ r~que~ted rezoning from Agricultural (A) to Residential (R-9). A single family residential subdivision having a minimum lot size of square feet is planned. Residential use of up to 4.84 per acre is p~rmitted in a Residential (R-B} District. Th~ of 1.~1 to 4.0 units per acre. This request li~s on 30~0 acres known as 4912 Newbys Brld~e Road. Tax ~ap 50-11 (1) Parcel 2 (Sheet 14). Kr. Peele presented a summary of Case D4GN02O2 and stated the Planning Conmi~sio~ and staff recommends approval and acceptance of the p~offered eonditioDs excep~ Condition Number 13. Me noted Proffered Conditions 9~ 12, and 13 were not submitted in accordance with the Beard's policy, therefore~ in order for the Board to accept those proffers, it would be necessary to amend the Rules cf Pr©csdure. He stated the applicant ham provided cash proffers of $~043 per lot; has proffered a maximum of ~u lots on 30 acres; uhau the request was deferred from the Board meeting of August 14, 1994 to provide an o~portuni%y for the epplican~ ~c address neighburhood concerns; and has changed 9roffsr~d Conditions 9 and ~2 ~o raguire the oeun=y ~o enforce ~ree preservation areae and home siz~s~ rather than enforcement through restrictive oavenants. He further s~ated if the revised proffers are accepted, the County will have a greater responmibi]ity to enforce the conditions. He noted the request conforms to the 24, 1994 re~a~ding this ease and wh~ther ~esidents of creekwood Subdivision were aske~ to attend the meeting, Mr. Peele stated in addition to Proffered Conditions ~ and the applicant submitted Proffered Condition 13 which states all dwelling units on those tots net described in Proffered Condition 12 shall have an average gross square footage of 1,350 feet. Ee further mta~ed etaff recommends P~offered Condition Number 13 not be accepted es it would be virtually N. Leslie £aunders, Esquire, representing t~a applicant and James and Mrs. M~ry ~regory, the property owner~ stated the GrRgory bought th~ property in March~ lg~s; that the ~regory's now want :o re%ire ~o ~he ooun:ry; ~ha: all ad~aoen~ land Commission passed ~he case unanimously; that the majority of opposition is from Ashley Grove Subdivision; that the appllc~nt concerns; that the applicant has agreed to d~dicat~ 4~ feet from the eenterline of the road for widening and improvements on Newbys Bridge Road~ taut the applicast agreed that having ~ole accemm tn Jacob~ Glenn or Cabin Creak We~t will conform tc R-12 zoning except for front width7 that this will be the only subdivision in the area to pay $5,043 per lot; and request. Mr. Daniel inquired ~$ to the average selling price of a 1,600 than 1,350 square fs~t. Mr. Saunderm stated he has no informs%ion regarding 5he 1,~0o square feet, however, he feele homem on the~m lots will omi! in fh~ arms of appro×imatmly There was brief discussion relative to the price of homes with 1,350 square feet. 8/24/94 Mr. Ed OeGennaro stated he is speaking on behalf of area neighborhoods, that they are opposed to the request, and requested tbs Board to deny the request. He expressed relative to adequat~ notificatiou %~ n~igkborhcod~ r~garding the initial Planning Co~,~ission meeting and the meetln~ last month; signs nut initially being posted on the property; adjacent property owners not being properly notified; and multiple sigDs not being pasted. Me th~n recognized approximately 70 area residents '~ho were present e~ the meeting. Be indicated if the neighborhoods wer~ properly there would have ~aen signi£icant compromise. He stated property owner~ had requested R-12 zoning throughout the subdivision, minimum square f~ot homes ur 1,eoo square feet, and would have requested deed of csvenant~_ He expressed concerns relative tc dwelling den~ityl water run-off to the south of the property; additional overcrowding at Jacobs Elementary School if the subdivJ.sicn is apDreved~ and increase~ traffic on N~wby~ Bridq~ Road. ~e stated he understands the County's interest in the proffers and the lack of desire by t~e developer in paying $5,043 per lot. ~e further stated if this request is approved, ell remaining agricultural property surrounding this property will be requesting R-~ zoninq; that property owners have attempted ts meet with the developer to ra~elYe concerns; and requested th~ Board to deny the r~que~t- He submitted into the record a copy of his reasons for being in opposition to the request. Mr. Warren s~ated he feels rte comments expressed by Mr. DeGennaro ute excellent in outlining th= concerns of t~e area neighborhoods and he is glad to see the neighborhoods are still willing to work with the developer. }ir. De~ennaro stated they are not trying to stop the development, but ere requesting R~12 zoning and 1,600 square foot home sites. There was brief dlscussicn relativ~ to the overall density of Mr. Chris Wicker stated he is a resident of JaCObS Glenn S~bdivisien and expressed concerns relativ~ to the additional o~e~orowdimg in the School System. He s~ated six hemes in Jacobs Glenn recently seld in th~ ~re~ of $~1~,00a - that all tho~s homes were between 1,700 to 2~50© square feet; that he is concerned about a l~0 ~quare foot hom~ b~ing Duilt on a $~5~000 lot an~ costing $110,00o; and that he would lik~ the zoning to remain at R-12 and the home size increased 1,600 square feet. Ms. Beverly seller stated she ia a resident of Jacobs Glenn Subdivision; that she i~ opposed to the ~-9 ~oning; that she is concerned about the additional overcrowding at Jacobs and requested the Beard to deny the request- Es. Denise Davis stated she is a resident of Jacobs Glenn Subdivision; that she is opposed to the request; and concerns relative te the impact on her home if the property is ~ubdivi~ien~ tha~ thi~ is his first home; and ~equested the M~. Kathy Petfield stated she is a resident of Jaoob~ Glenn subdivision; ex, reseed concerns relative to the overoxowdiag at Mr. Denny Pe~flsld stated hs is a resident of Jacobs Glenn Subdivision and %hat he is nut opposed to development of a new ~ubdivision, but ie opposed to the number of houses beinq built in the area as it will negatively impact roads in the area and ~he School Sys%e~. Mr. Rick Wild s~a~ed he is a resident of Jacobs Glenn ~ubdivi~ion and that he is not opposed to a subdivision, but is concerned about the impact %he subdivision will have on area ~hools and th~ additional tr~ffi~ it will ere~te+ He further stated he feels additional study needs to be conducted regarding the impact un schools and traffic. Mr. Chuck Glover sta~ed he is a resident of Creekwood Subdivision; that they are opposed to th~ r~qu~t; and expressed concerns relative to the impact on area properties if the R-9 zoning ts approved. Ns. Cheryl Thomas stated she is ~ residen~ of Pernbrook Subdivlelen ~nd expresee~ concerns relative to additional traffic on Fordham Road if the r~que~t i~ approved. Ms. (unable to determine first name) Jacob mtated she is a resident of Fernbrock Su~division~ ~equested th~ Board to deny the impact R-9 ~nning would have on her proper=y, Subdivision: requested the Board to deny the request for R-9 concerns relative to the addi=ional traffic %he request will generate on Na~bye Bridge Road i~ the rezoning is approved. Subdivisicn; =hat he spoke with residen=~ of cabin Creak and rental; tkat he feels R-~ zoning will negatively impact area neiqhbcrhoods~ and the= he is not opposed to the development, bu~ is opposed to anything lees =has R-t1 zoning. n~i~hborhoodm already in the CouDty; that he feels it is the Buard to deny the request, Mr, Bill Adams stated he is a resident of Jacobs Glenn no~ opposed to new development; ~hat he i~ concerned about re~ueet is approved; and zRat he feels t~e sRbdivisicn should Subdivision and is opposed :o ~he request ae he is aence~ned about overcrowding in area schools. anytking less t~an R-12 zoning. .......... ; ............ L L__L [ I [ ..... FL;. Scott $oldman stated he is a resident of Jacobs G~enn Subdivision a~d e contractor in the County and that they are currently building 1,500 square foot homes in the County cn lots coating $18,000 with the home~ s~ar%ing st $~5,0~. MS. Brenda Samuel stated she is a resident on NewDys Bridge Road and expressed concerns relative to traffiG if the Board d~veloper when making their ~eoision on the F-~ ver~u~ R-~ zoning. Ms- Gail Chilly ~tat~d ~he is a resident of Ashley Grove Subdivision; expressed concerns relative to the impact on the r~sala of her home if this request is zoned R 9~ and requested MS. Kim Langdale stated she is a resident of Jacobs Glenn Subdivision and rsqueated the Board to ensure ~hat deed other area neighborhoods are retarded i~ the r~qu~st im approved for R 12 ~onin~. Hr. George Beadles stated he has a family member who resides in Creekwoo~ su~diviaion; that each year traffic we;sene on New,ye Newby~ Bridge Road will continue to have traffic problems; and de~ie~ this case, bu: how the Board add;eases in~£ill development; that this area is ideal for speed humps~ and that t~ainin~ ~e~sions should b~ held to a~sist subdivision will become rental property in which the yards and hom~s will R-9 request and approve R-l; zoning~ ~r. Eichard cypresa stated he is a r~sident of Jacoba Glenn Subdivision and expressed concerns relative to increased traffic problems on Newbys Bridge Road if this r~que~t i~ approved~ that ~e is in favor of ;paso humps; and requested %he ~oarR to deny R-~ zoning. Mr. John [unable ~o determine last name) crated he is a zome~ R-9; that many people in R-9 eubdiviaions are spending 3,000 s~uare foot with additions; and that he undezmtand~ %he improving his home and making his subdivision a ~etter place to liv~. into;eat of Mr. James and Mrs. Mary ~regory; ~ha% he ~e~l~ %he developer haa met with adjacent property owners and they agreed 8/24/94 i I as possible R-12; that the applicant has made every effort to the County is growing, and will continue to gro~. and expressed their views end stated he has received numerous tel~phune calls and an abundance of correspondence from area ~esidents regarding this request. He requested the Board to take a fiv~ minute r~c~ss_ It Was generally agreed tu recess for five minutes. Mr, Daniel stated property owners have a righE to sell Eheir property and the dsvelope~ has the ~ight to d~velGp hi~ property owners have a right to their concerns being addressed conditions the d~veloper has uurrently submitted will bs lost; involved. He sta~ed some of the proffers submitted by the time will impact zoning ~n this particular csrridur in the future, 945N020~ until ~sptember 2~, 1994 to provide an opDcrtunit~ for legitimate step towards R-12 zoning with comparable house sizes in l~n~ with ~djaeent neighberhoe4s in ~he area of 1,6co s~uare public facilities are ovuilable, it is not a criteria for consideration in deciding a zoning ca~a~ al~hou~h he feels %bls issue is u question of continuity in z~niug. motion. r~sideuts at this meeting, Mr. Daniel ~riefly re¥iewed a zoning case of similar mirmumstancem near Lucks Lane and sta~ed h~ is not implying fur=her s~ated it woul~ be difficult for ~he County no~ to stated this request is nQ~ for a conditional usa planned S/24/94 ........ ; ........ L L ~1 L _ J [ development and the ~ash proffer is an issue that could be negotiated as a trade. Mr. ~cHale cXarified that the motion made by Hr. Daniel inolude~ thm possibility of altering the County's Cash Proffer ~olicy for this particular request. Mr. Mc~ale then oalte¢ for the vot~ on the notion made by Mr. Duniul, seconded by Mr. Warren~ for the Board to defer Cane 94SNO202 un%il Yep~ember ~, 1994 ~o provide an opportunity for the County Attorney; the representative for the applicant; and Mr. Ed DsGennare, e representative for area residents, to m~t and attempt to address a compromise aqreement for e trade of l~gitimate step towards R~12 zoning with comparable house ~izes in line with adjacent neighborhoods in the area of lr~0Q square feet. Vote: Unanimous In Matoaca and Midlnthlan Magisterial Districts, ROBERT L. GU~T, TH~ I~LA~D GROU~, requested re~o~ing fr©m R~sid~ntial (R-15} to Residential (R-9) of 7~4.2 acreo, from Residential Townheuse (R-TM) to ~esidential (R-9) of ~-2 Residential (R-15) to community Busineoo (C-2) of 2.6 acre~, with Conditional Use Planned Development to permit use and bulk exceptions on this property and adjaceut property currently zoned Community Business (C-3). k mixed use development with re~idential~ office, commercial end public/semi-public uses is ~lanned. The density cf such amendment will be controlled by zoning conditions mr Ordimance standards. The Comprehensive Plan designates the property for village fringe, planned transition area, active recrea~ion~ passive recreation/ con~ervatlon are~ end residential uae of 1.01 to 4.0 units per acre. This request lies on a total of S21.~ acres fronting in two (2) 91ace~ for a total of 1,200 fee% o~ the south line of ~idlothian Turnpike, also fronting a~p~0ximet~ly 4~200 fe~t on the west line of Char~er Colony Parkway~ appro×imatety feet on the east line of Charter Colony Parkway., 6,700 feet on the west line of Coalfield Road, and approximately 2r500 feet on the east tine of LeGordon and located at the eastern and western tsrmini or Garnett Lane ~d the southern terminus of ~evinm~ade Drive. Tax Map 25-3 (1) Parcel 2 (Sheet ~. Beverly ~ussetnan~ Planning Administrator for Zoning of the Planning Department, presented a summary of Case 94SN0138 end stated the Planning Commission rscom~ends approval subject to a condition, oho further stated staff r~comnends approval subject ts a condition that scold restrict the uses in Tract 5 to rusidential. ~he ~tated ~ith the impo~itlon of the condition restricting the use~ in Tract 5 to residential, the request conforms to the ~idlothlan Area Community Land Use and Transuortatiom Plan. Mr. John Thompson¢ representing the applicant, stated the restricted to residential end noted the applicant accepts the Planning Commission's recommendation. the property and stated he feels citizens will eventually feel that thi~ came is important to the overall water quality of Swift Creek Reservoir; that due to its potential impact on water quality, conditions should be imposed which further restricts the a~ount of phosphorus run-off similar to that aqreed by the Magnolia GPange development; and that us mean in the earlier case, smaller lets usually become rentalu. he feels people can adjust to most anything; that property owners have the right to uae their property the way they wish wlbhin reason; and expressed appreciation to Mr. and Reynolds who contributed ?0 acres for Midtot~ian High and the acreage contributed to John Tyler Community College. He requested the Board to approve the reques~ as recommended by the Planning Commission. ~r. David ~cKeu~ey, Jr. s~ated he resides on LeGordon Drive; that he ~suld re%her ha~e commercial deuelopm~nt cn th~ p~eperty rather than residential es recommended by staff; and the Planning Cemmission~ is the= =hi= reques= has in place existing ~oning. Ne further permitted %has in the original zoning and that $ohn Tyler Community Cullege and the riuht-of-way for Route ]S8 is significant in the development of this part of the COunty, therefere~ he feels the positive i~pact cutweigh~ the neqative. ~ expressed appreciables to the apptioan~ an~ ~i~lothien District's Planning Commissioner for their efforts in addressing ~hi~ very in~rica~a and detailed ~onin~ 94SN0138 as recommended by the Planning Commission. Mr. Daniel s~cended th~ motion, He Stated tha~ in the 197O's a reques~ such as this would have been considered by some. us having a n~gatlve impact on the County~ howeuer that vision has changed. He further stated he feels this request will contribute favorably to the Midlothian community. ~r. McHal~ called for the ¥o~e, cD tbs ~otion made by ~45N01~ subject to the ~ollowing In Tract 7, any multi-family residential development shall be limited to that area lying north of the East-West Collector. (Note: This condition is in addition to the Textual Statement, Detailed Tract Conditions, Tract And~ further, the Board accepted the following puoffered conditions: 1. The applioaEiom, Textual statement, and the pla~ prepared by J, K, Timmons and Associates, titled Zoning Map for Charter Colony, ned date~ June 28, 1994~ shall be con~id~red the Ma~t~r Plan. 2. The betel number of dwelling uni~ within ~he development a. 1800 units provided Tract 4 is utilized for non- residential uses. b. 21~0 units provided Tract ~ is utilized for For ~ach r~identlal lot developed in excess of 2088 units permitted under the existing zoning, the applicant, subdivider~ or assignee(si shall pay the following to th= County of Chesterfield prior to the time of buil~in9 permit application for infrastructure improvements within 1994; or b. The amQunt a~proved by the Board of ~upervisors not to exceed $5,043 per unit adjusted upward by amy increase in the Margkall and Swift suilding Co~t fiscal year in which the payment is made if paid on the plan prepared by J. K. Timmons and b~ issued until one of the following events occurs: 1) the Road Extended Int@rchangs commences as determined by the er 4) the construction %o four (4) t~n~s of Charter Colony/Realigned Coalfield ROad fro~ Rout~ 60 to Powh[te ~erkway commences as determined by the Transportation following: either brick, architectural grade stucco fi~iah~ Realigned Csalfleld Read/Charter Colony Pmr~way shall be ~hall be constructed as a 4 lane divided facility from Department. 9riot to the site plan approval or recordation of subdivision plats for more than a prmject~ these imprsv~ments shall be ~ompleted as Colony Parkway, Woolridge Road Extended or the Coalfield S. The total number of multi family and townhou~e units occupied by persons ~th~r than those m~ting the ~ccu~ncy requiremente for retirement heusin~ ae defined by the Coda of Virginia, Sac. 3~186 ~T SEQ (Virgini~ Fair Mousing Law) shall not exceed 520 units. P~i0r to site plan approval or recordation of subdivision Dlats for more than a cumulative ~al ~f 900 residential units/lot~ for thi~ d~v~lop~ent, one of the following cf the Route 2$8/Wo~lridge R~ad Intsrchange commences as de%ermine~ by tee Transportation Department~ 3) the construction of Woolridg~ Road ~xt~nd~d ~a~t ~f Coalfield Road to Route 60 commences as determined by the Transportation D~partment or 4) the construction to (4) lanes of Charter Colony Parkway/Realigned Coalfield Road from Route 60 to Powhite Parkwa7 determined by the Transportation Department.