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01-26-1983 MinutesBOAPD OF SUPERVISORS MINUTES January 26, 1983 Supervisors in Attendance: Mr. J. Royall Robertson, Chairman Mr. R. Garland Dodd, Vice Chairman Mr. C. L. Bookman Mr. Harry G. Daniel Mrs. Joan Girone Mr. Richard L. Hedrick County Administrator Staff in Attendance: Mr. Stanley Balderson, Dir. of Planning Mr. Phil Hester, Dir. of Parks & Recreation Mr. Elmer Hodge, Asst. County Administrator Mr. William Howell, Dir. of General Services Mr. Ed James, Director of Purchasing Dr. Burt Lowe, Admin. of Mental Health/Mental Retardation and Substance Abuse Mrs. Mary Lou Lyle, Internal Auditor Mr. Robert Masden, Director of Human Services Mr. Richard McElfish, Env. Engineer Mrs. Mary Arline McGuire, County Treasurer Mr. Steve Micas, County Attorney Mr. Jeffrey Mincks, Asst. County Attorney Mr. Jeffrey Muzz¥, Dir. of Community Development Mr. Richard Nunnally, VPI/SU Extension Agent Mr. Dexter Williams, Chief of Transportation Plan. Mr. George Woodall, Dir. of Economic Development Mr. Robertson called the meeting to order at the Courthouse at 10:05 a.m. (EST). Mr. Dodd gave the invocation. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the minutes of JaDuary 12 and 14, 1983, as amended. Vote: Unanimous Mr. Leonard Rogers, Director of Elementary Instruction, was present on behalf of the School Board. He presented the Chairman of the Board with an autographed copw of the new 4th Grade "History and Geography of Chesterfield County, Virginia" and provided copies to all Board members and the County Administrator. He stated this book was written by Mrs. Bettie Woodson Weaver, a fourth grade teacher who taught for 29 years at Watkins Elementary, since its inception, and if there were a "Mrs. Chesterfield County History", she would be it. tie stated she was released from the classroom for one year, compiled all 83-024 the data and illustrations and worked closely with Dr. Ann Blanton, Supervisor of Social Services. He stated the book had been user-tested in paperback form for one year in order to make sure everything in the book was correct and up-to-date. He stated Mrs. Weaver was sorry she could not attend today but asked that he point out that the purpose of writing this book was to help children learn about their physical and human world so that they may become better citizens and that the cover is made from DuPont tyvek made here in the County. He stated that she not only wrote about the County but made sure the County resources were used in printing it. The Board expressed their appreciation for the copy of the book and indicated they were certain Mrs. Weaver injected her enthusiasm into its contents. Mr. Richard Nunnally stated for Board information, the James River Soil and Water Conservation District, in cooperation with the Extension Service and several other State and County agencies, have planned for this spring to put in a demonstration of 50-55 acres of corn to be produced at Randolph Farm at Virginia State University with treated sludge. He stated it will show the farmer what kind of production he can get and the savings he can realize. He stated that it is estimated that the farmer will be able to save $50-$100 an acre by using this material. He stated the State Health Department and State Water Control Board are involved in this project and it is very highly regulated. Mr. Dodd stated it was a good idea to utilize this material rather than having it emptied into a landfill. Mrs. Girone stated that Virginia State is a land-grant institution and it does have an extension arm that has never really been funded as much as Virginia Tech. She stated this is an indication how the County government and [he State and Extension Service can all work together to solve a problem. She stated that the Farm is a great asset to the County and Universitv. Mr. Nunnally stated the sludge will come from the City of Richmond because they are using that which is de-watered and the County's sludge has a high concentration of water which ca,not be used but that the data will reflect directly on future use for the County. Suzan Craik, Staff Coordinator for the Litter Corporation, was present and introduced Mr. Dick Cook, Chairman of the Corporation. He stated that the County had received an Award of Merit from the Division of Litter Control and a Distinguished Service Award from Keep Virginia Beautiful, Inc. which he presented to the Chairman. He stated appreciation to the Board for their support financially and for appointing representatives from each district. He reviewed some of the activities and accomplishments of the Corporation during the past year. Mr. Robertson complimented the Corporation on their outstanding efforts and stated it was a pleasure and honor to accept the awards. Mr. Hedrick and the Board expressed their appreciation to all the members of the Corporation for their successful efforts. Mr. Hedrick stated there had been some recent publicity concerning some of the County's procedures for reimbursement of fees to developers concerning off-site, over-size lines, etc. in the Utilities Department. He stated the staff has been and will continue to work on this matter and do anticipate coming to the Board with some recommendations after the alternatives have been evaluated which should be within the next several weeks. Mr. Dodd thanked Mr. Hedrick for the clarification as the newspaper article indicated it would be business as usual which it is not the case. 83-025 Mrs. Girone, as representative to the Social Services Board, stated everyone is concerned with khe budget. She stated that everyone in the County is being asked to cut back but social service needs are growing because of the economy, lack of jobs, etc. She stated that cuts are being made from the State and Federal levels and there are more and more clients requesting assistance as at the last meeting, five people requested medical assistance. She stated that in the budget deliberations, she would like the Board to consider the fact that these needs are growing. She stated if this Department is treated like all others, they will do without $49,000 of local money which will decrease funding of $101,000 of State and Federal money which will really mean $150,000. She stated this is a special plea to consider the needs of this department. Mr. Hedrick introduced students from the 12th Grade Government Class at Thomas Dale who were present to observe the meeting. Dr. Burt Lowe was present and stated they would like Board approval to apply for funds to establish a residential/treatment program for emotionally disturbed children which will reduce utilization of State facilities. He stated the Community Services Board and the School Board have developed a proposal for a 16 bed facility for those children who are unable to participate in the regular school program. He stated they would like to apply for funds of $1i0,000 a year from the State Department of Mental Health and Mental Retardation. He stated the School System spends about $23,000 a year now for a child who cannot be treated in the school system nor in the State. He stated the State Department of Education pays 60% of this cost and local School Board pays 40%. I{e stated that the State Department of Education will pay 60% of the cost of a program like this and with Department of Mental Health money, it will reduce the local School Board contribution. He stated the County is responsible for these children and it is a high priority for the Mental Health Department. Dr. Sullins stated that he had mixed emotions regarding this program as he has never considered running a residential school and he, the School Board and his staff really don't want to. He stated the School Board has not made a decision regarding this matter at this time. He stated his prime reason for supporting this would be the cost savings to the taxpayers in the County which would be $100,000-$150,000 a year for several years in the future. He stated the population of such children has been declining for the past years and they are meeting more of their needs in the school system but there are students who cannot go to a regular school which averages 12-34 children per year. He stated the average cost is $9,000 per child of local match with $14,000 from the State. He stated the idea would be to renovate a vacant building which would require some initial capital outlay. He stated they would try to locate it in an area which is not highly populated. He stated the City of Richmond has one or more homes of this type which is cheaper than sending students to a profit-making institution. Mr. Bookman stated he hoped this would not be voted on today as he would be in favor of having some public input prior to making a decision. He stated he was not saying he was opposed to the program, but noted Dr. Sullins' reluctance. He stated he was concerned about the cost to renovate Granqe Hall Annex and was concerned about it being 20 miles from the central population. He stated he thought the Board should further analyze this new program as there would be hard budget decisions to be made this year. He stated he felt there might be an influx of people coming to the County once this type of program was established. Dr. Sullins stated that most parents with children needing this service would rather go to other areas because they would rather send their children to the residential school away from home and then they are away 7 days a week and they do not have to fret 83-026 about them. He stated this facility would provide that some of these children go home on weekends. He stated there are about 25 homes of this type in the State with 3 or 4 operated by school boards. Mr. Dodd stated that if the location of Grange Hall School is a problem, perhaps they would consider Kingsland School. He indicated he could agree to a two week deferral to determine location, etc. but he felt the County has an obligation mandated by the courts. Mr. Bookman stated that Grange Hall is not in his district any more but he has talked to some people in the area. He stated public input should be obtained before this is approved; which concurrence can be obtained if it is handled properly. Mr. Daniel agreed that the County had an obligation in this matter and one that should be accomplished in the most efficient and cost effective manner--that of grant funding. He stated he did not feel it should be delaved any longer than two weeks. Mr. Hedrick stated that from the discussion of the Board it is his understanding that it would be deferred for two weeks for potential locations to be studied further as most of the information on the program itself has been given. He stated that he felt a particular location should not be given a higher priority than another because if it is and the public has strong feelings against it, and then another site is determined, others will feel the same way and there will be opposition. Mr. Bookman stated he was concerned that group homes or schools of this nature could be located without public knowledge as zoning is not required. He stated he felt a public hearing by staff of some nature should be held. He stated he did not feel the grant should be applied for at this time as the Board could be locking themselves into a program, regardless of location. Mrs. Girone stated that she felt the facilities should be identified and actual costs assessed with the help of County staff as the School and Mental Health personnel may not be professionally trained to assess all aspects of land values, construction, renovation, etc. She stated there may be costs involved which have not been considered at this time but could be expensive later. She stated she would like a realistic appraisal of what this will mean for costs of building and grounds. When asked, Dr. Lowe stated that the deadline for submitting this grant was February 15th. Mr. Bookman and Mr. Dodd indicated they felt items of this magnitude should not be presented to the Board with a decision expected within 10-15 days. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board deferred consideration of this matter until February 9, 1983, with staff to provide additional information on locations and actual costs. Dr. Sullins stated that they have reviewed the costs rather extensively at this time. He stated Kingsland would be rather expensive and the least expensive would be Grange Hall to renovate. He stated this would cost approximately $100~000-$150,000 if it went to a total 16 bed facility with modifications requested by the Mental Health Dept. He stated they were also looking towards a facility which might be as far removed as possible from population centers. Mr. Bookman stated this might be the best place for the facility but he felt the people should be notified and there may be support for it. Mr. Hedrick stated for information, ~hat this program is under the Community Services Board and the School Board and there is not a requirement that the program be presented to the Board. He stated that both groups felt since this was a different approach to a program, the Supervisors should review this which is a method of notifying the public. Mr. Bookman stated he felt this was the proper approach. 83-027 Se A vote on the motion was as Vote: Unanimous Mr. Ramsey stated that the School Board had been notified that funding will be delayed until July, 1984 on five of the Literary Loan projects which had been approved by the State Board of Education. He stated the School Board and County staff had agree( on a recommendation to continue forward with the projects by issuing bond anticipation notes. He stated that the Board should know that the bond anticipation notes will be issued with the thought that they will be paid back when the Literary Loans become available after 1984 and if there is a delay with the Literary funds, the County would be obligated to actually converting these to bonds on the open market. He stated further that they would only be issued as needed because based on the Code, any notes that the County issues, even if they are paid back, relieves the authority to issue bonds. He stated for example, if the County issued $3,000,000 in notes, paid them back with Literary Loans, the County would have authority to issue only another $3,000,000. Mr. Daniel inquired of the $26,000,000 of projects listed in the original bond, were all taken care of with the $20,000,000 already set aside. Dr. Sullins indicated that as far as he knew, all are under contract utilizing the $20,000,000 plus the Literary Loans already obtained. Mr. Mincks stated that the bond counsel has been contacted regarding this matter and it is their opinion that the School Board would have to take action themselves and the Board should approve the concept but not authorize issuance of the notes. He stated that there is some risk that the Literary Loans may not be available. Mr. Ramsey stated formal resolutions will be submitted later to both the School Board and Supervisors for official action. Mr. Bookman inquired if we borrowed bond anticipation monies, would Literary Loans pay back those notes. Mr. Ramsey stated that the bond attorneys had raised this issue as a possible problem but that staff felt that this would only be true if these projects had not already been approved by the State Board of Education which is not the case. He stated, for example, we could not go out and build projects and then apply for funds to pay for them. On motion of the Board, it was resolved: 1. That the following projects proceed: Beulah $ 750,000 Bon Air 1,000,000 Curtis 600,000 Falling Creek 600,000 Midlothian 2,000,000 $~,950,000 That the Board approves the concept of issuing bond anticipation notes as needed against the $6,000,000 bonds authorized but unissued and this temporary funding source should be used until the Literary Fund monies become available. At that time, the bond anticipation notes would be repaid from revenues received from the Literary Fund. Vote: Unanimous Mr. Hedrick stated the next item for authorization by the County Administrator for professional services contracts up to $10,000 ~s a result of the new purchasing ordinance adopted. It was on motion of Mrs. Girone, seconded by Mr. Daniel, resolved that the following resolution be adopted: 83 -028 Whereas, the CommoDwealth of Virginia has adopted the Virginia Public Procurement Act and has mandated certain portions be adopted by all political subdivisions; and Whereas, the Chesterfield County Board of Supervisors has adopted a new Purchasing Ordinance which is in compliance with the requirements of the State and also meets the County's needs; and Whereas, the new Purchasing Ordinance requires competitive negotiation of professional services by the County; and Whereas, staff has developed an administrative Drocedure for the selection of professional services to be used by all County departments, with such procedure outlining the responsibilities of the various departments and the Purchasing Department, and also with such procedure allowing for approval by the County Administrator of all professional services contracts costing less than $10,000. Now, Therefore, Be It Resolved that the Board of Supervisors hereby delegates the authority to approve all contracts for professional services costing less than $10,000 to the County Administrator, with authority for approval of contracts $10,000 or more remaining with the Board of Supervisors. Mr. Dodd stated that he questioned why periodically the Board is requested to vote away their responsibility or their ability to question. He stated he felt this was another erosion away of the options of the Board. Mrs. Girone stated that she felt the operation of the County must go on day-in and day-out and the Board only meets every two weeks and she did not feel the Board can get involved in transactions of $10,000 or less. She stated in this $150,000,000 operation there should be some leeway. Mr. Dodd stated he felt the Board members should get involved if it is necessary and he is not questioning any person on the staff, but he did not feel the Board should continuously relinquish its authority. Mr. Bookman stated ~his would be a way to keep up with the consultants hired for the County because some times they are hired without the Board's knowledge. Mr. Hedrick stated this is not authorizing anything for professional services. He stated the Board adopted the new ordinance wh~ich requires that the County seek proposals, etc. for contracting for professional services, engineering services, etc. and in the day-to-day transactions of the County there are many instances where we have day-to-day needs. He stated the Board sets the budget, the policy, the programs, etc. and the management needs latitude to ~et the day-to-day business accomplished. He stated this is only ~ streamlining procedure all of which would be in accordance with policy and procedure authorized by the Board. He stated this ~ould prevent the actual hiring of a consultant from waiting two ~eeks which had been previously approved by the Board. Mr. Bookman stated consultants are usually not a budgeted category. ~r. Hedrick stated if the Board approved a project, it would be ~p to the Administration to decide if we had the capability in-house or would have to go outside. Mr. Dodd stated that he ~id not want anyone to misread his concerns but he did not think ~wo weeks was too long to wait for a decision by the Board. When ~sked, it was indicated that the County Administrator could not ~pprove anything for consultants and c~uld approve $5,000 for I~hange orders f6r construction projects, etc.' Mr. Daniel stated I~hat a $10,000 fee for a consultan{, is a large fee but he would ~Dffer a compromise of $5,000. He stated he has yee to see the entire purchasing philosophy Sp~ll-over into the c~nsultant area. He stated a lower limit could be approved and if higher limits are necessary, it could be reconsidered later. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the following resolution: 83-029 Whereas, the Commonwealth of Virginia has adopted the Virginia Public Procurement Act and has mandated certain portions be adopted by all political subdivisions; and Whereas, the Chesterfield County Board of Supervisors has adopted a new Purchasing Ordinance which is in compliance with the requirements of the State and also meets the County's needs; and Whereas, the new Purchasing Ordinance requires competitive negotiation of professional services by the County; and Whereas, staff has developed an administrative procedure foz the selection of professional services to be used by all County departments, with such procedure outlining the responsibilities of the various departments and the Purchasing Department, and also with such procedure allowing for approval by the County Administrator of all professional services contracts costing less than $5,000. Now, Therefore, Be It Resolved that the Board of Supervisors hereby delegates the authority to approve all contracts for professional services costing less than $5,000 to the County Administrator, with authority for approval of contracts $5,000 or more remaining with the Board of Supervisors. Vote: Unanimous Mr. Hester stated that at the Noven~er 24, 1982, the Parks and Recreation Department was authorized to prepare the necessary grant and planning documents for Dale Park. He stated they have revised the master plan, and have developed the drawings and packages for the recreational access road and Phase I development of the Park. He stated in order to proceed the Board would need to appropriate $250,000, allow the Department to include $20,000 that was designated for therapeutics playground/fitness area as an addition to the grant and to be used to build this facility and to authorize the Department to apply for grant funds of approximately $200,000 of Recreational Road Access Funds and $270,000 from the Commission of Outdoor Recreation (COR). Mr. Dodd inquired what the cost was per acre. Mr. Hester stated there were 365 acres and $450,000-$500,000 for the entire parcel which would be a little over $1,000 an acre. Mr. Daniel stated that it was actually $275r000 cash and then traded parcels. Mrs. Girone inquired about the matching money from the COR. Mr. Hester stated that it is available now. He stated the Recreational Access Funds are less than expected for the State but will become available July, ]983. Mrs. Girone inquired if he thought the County could obtain these recreational funds. Mr. Hester stated that the County has received this money for the last four years. He stated it was to be done as a joint venture and the COR would have to approve both projects as a package. Mrs. Girone stated that she was concerned with the Capital Improvements Program (CIP) and where this project fits. Mr. Hester stated that Phase I of the Dale Park is included as a portion of the CIP. Mrs. Girone inquired when the Board would be addressing the CIP. Mr. Daniel stated that the Planning Commission approved the Plan but they did not approve individual projects. Mr. Hedrick stated that he would like the Board to have a work session to review the CiP and give the staff direction as how to proceed. He stated it would come up during the budget process, if not before. Mrs. Girone stated her concern with doing this now, that it is taken out of context and is not taken in relation to other projects. She stated that another concern is the budget. She stated the bill that would have provided aid to the Nursing Home is in trouble and may not pass, so the County may have more than a $2,000,000 deficit, there could be another million added. She stated she felt it was wrong at the beginning of the budget 83-030 process to consider a major e)~penditure and without considering the comprehensive plan which will come before the Board. She stated she had a problem with the timing of this request. Mr. Daniel stated Dale Park is a idea and commitment whose time has come. He stated that in July, 1978 the Board agreed on the $6,400,000 bond issue and shortly thereafter in a memo the Board committed $500,000 for a major park facility in Dale District. He stated that the Board reaffirmed this in 1979 again to the citizens and Dale representative, that the Board members were to live up to that commitment. He stated the land that was acquired from 1980-82 was done not with any general revenue nor any additional tax money from the County but by shifting approved bond funding of projects the citizens did not even want. He stated obtaining the land did not cost the County any significant amount of money. He stated that in November, 1982, to keep in the spirit of the acquisition of the land and never really calling for $500,000 that had been promised by the governing body, the Board authorized, staff to prepare the necessary planning documents for the grant which was then done with 3¢ Road Funds from Dale District which did not put any undue financial burden on the County. He stated it was his understanding that the money he is asking for to start Phase I is $250,000 and that is available and the $20,000 to add to it is available. He stated the County would be putting up $270,000 to begin a project that the alternatives in waiting, do not make any financial sense. He stated that as Mr. }{ester has indicated, the matching funds for the COR grant is available and the County has never been denied recreational access funds. He stated the Board had approved and supported funds for other parks in other districts in the County over the years. He stated the only way you will know if you can get this money, is to ask; and if you don't get it, there is still the opportunity of not spending the original investment. He stated the best long term approach to meeting this objective is to take it this way, don't go to the voters two or three years from now and have it plowed into a CIP program. He stated you will not get the interest of the Board of Supervisors in dealing with a CIP program. He stated this project is less than 1% of that total, $250,000 out of $30,000,000. He stated the logic is not there to hold up this project while everyone agreed on the other 99%. He stated that staff pointed out that these ideas are new for the County, the timing is right and the support of ~:he people will be there for the project. He stated he had received calls from athletic associations, school groups, civic groups, etc. He stated this is not a new thing but has been with the Board since 1978. He stated the Board. can now live up tc its commitment. He stated there J.s talk about what people expect from government and they are disillusioned because they can never tell. what the word of government really means. He stated that if this were approved, the Board would be living up to a commitment that was made years ago. He stated the Droposal was prepared in such a way that would not burden the taxpayer and would offer them a way to finance it, get it started and on the ground with very little impact on the County today. He stated everyone heard the President of the United States say last night, that "it was hard times" and he agrees. He stated but the best way to do this project is to do it this way and not burden the taxpayers with additional money, additiona~ funding or hide it through some other mechanism that will cost us more in the long run. He stated that you're just as guilty of not manaqing the County's money if you delay projects and don't move forward. He stated, for example, the Literary Loans two years ago when he said move forward when the loans were available, but no, the County had to have a mechanism for delaying and stringing that out. He stated that you are as guilty of mismanaging the Government's money if you don't do it when you have the opportunity in the most efficient manner than waiting and continuing to give reasons for delay. He stated he was prepared to make a motion for approval. 83 -031 Mr. Bookman stated he was a very strong supporter of recreation. He stated that he was here in 1978, as well as Mr. Dodd and Mrs. Girone when the $6,400,000 was approved for bonds for parks and recreation. He stated he remembered explicitly that it was a last minute effort to obtain a park for Dale and the Board committed to Mr. Apperson through projects not costing as much, to acquire the land. He stated that was the commitment and they did not commit to building the park itself. He stated that there is discussion regarding employees not receiving cost-of-living raises/merit raises, we are down $2,000,000 and maybe another million, etc. He inquired what other surprises are in store. He stated that if the $250,000 were free and clear and did not jeopardize other things that could surface, it would be a good deal to receive an additional $500,000. He stated he was not in opposition to Dale Park ])ut he felt the timing is wrong. He stated today money is available in the State, but tomorrow it may not be. He stated we do not have enough recreational facilities in the County and that is why they are addressed in the CIP program, but to take funds from the General Fund at this time is inappropriate. He stated he felt it could be included in a future bond package. Mrs. Girone stated that she supported the Dale Park but she is concerned with the financial condition of the County and Country. She stated there is one thing after another happening and that no one knows what the President's message means to the County. She stated the better part of wisdom is not to take $250,000 from the operating budget of the County to put into a park at this point. She, too, stated the timing is wrong on this park. Mr. Dodd stated that he felt the cost effectiveness that has been put forward by Mr. Daniel to obtain land for a park for $1,200-$1,500 an acre is a real undertaking. He stated that other parks have been much less cost effective. He stated that he made a commitment to Mr. Apperson that when the time came, he would support a park for that district. He stated he felt this was a moral and ethical commitment to the 44,000 people of Dale District as well as other people in other districts who would utilize this facility. Mr. Bookman agreed that Mr. Daniel should be complimented for the putting together of this land acquisition but he felt the timing was wrong. Mr. Robertson stated he had spent a lot of time considering and researching this project. He stated he realizes Dale District does not have a developed park and is the only district which does not. He stated he also realizes money is tight and he also listened to the President and he believes things will be more difficult in the future than they have in the past. He stated he was concerned about this project, but the economy as well and he could not support it at this time. Mr. Daniel stated he was personally disappointed that he did not have the votes for approval of the project. He stated he felt he had a commitment of a word, of a promise. He inquired how long this commitment would take to become a reality. He stated that if people sit around and wait for something to happen, nothing will. He stated that his fiscal, conservative credentials have never been questioned. He stated if he felt this County were to be broke or this County was to be in severe, hard economic times do to this project, he would be the first to withdraw the item. He stated with everythin~ that he has seen, he would not argue that things would not be harder next year, but the Board will have to pick and choose among requests, projects, etc. He stated he would have to carry forth the commitment made to the 44,000 residents in Dale and it was on his motion, seconded by Mr. Dodd, resolved that the Board appropriate $250,000 for Phase I development of the youth athletic complexes; that the Department be allowed to include the $20,000 approved 3 years ago by the Board for development of a therapeutic playground/fitness area as an addition to the COR grant and be used to building this 83 -032 9.A. 9.B. facility in Dale Park as part of the special populations area; that the Department be authorized to make application to the Virginia Commission of Outdoor Recreation for matching development funds of $270,000; and 'that the Department make application to the Commission of Outdoor Recreation and Virginia Department of Highways for maximum funding for $200,000 for recreational access road funds which total approval is contingent upon receiving grant funds. Mr. Dodd stated he did not feel very favorable towards approving a CIP for $30,000,000 because he did not feel the people were ready for something like this. Mr. Bookman stated the commitment for obtaining the land was made which has been accomplished. He stated further when the right time comes, he could support this project. He stated he, too, felt $30,000,000 for a CIP was a lot of money but he might support a portion of it. Ayes: Nays: Mr. Dodd and Mr. Daniel. Mr. Robertson, Mr. Bookman and Mrs. Girone. Mrs. McGuire stated that she would like authorization to sell E1 Paso Natural Gas Common Stock which the County obtained when the Police came under the County retirement system. Mr. Dodd stated that he felt the Treasurer should be authorized to sell stock such as this without coming ~o the Board because of the nature of options and timing. Mrs. McGuire stated that if the Board were to approve a blanket authorization, she would like to have the resolution to also include consultation with the County Administrator concerning any potential sales. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board authorized Mrs. Mary Arline McGuire, County Treasurer, to sign and sell, in the best interest of the County, any stock involving the Police Retirement System and that the County Administrator be consulted regarding any potential sales. Vote: Unanimous Mr. Balderson stated that the Planning Commission had reviewed and recommended approval of the proposed Flood Plain Management regulations to the Board of Supervisors. He stated the homebuilders association was in agreement with this proposal. M~. Dodd inquired if the County had a choice in this matter. Mr. Balderson stated the County did have a choice, but if it were not approved, flood insurance would not be available to citizens in the County. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board set February 23, 19~3 at 10:00 a.m. for a public hearing to consider the Flood Plain Management Ordinance. Vote: Unanimous On motion of Mr. Dodd, seconded by ~r. Bookman, the Board forwarded to the Planning Commission for review and comment, a proposed ordinance which would substitute "Director of Planning" for "Director of Community Development" in the Zoning Ordinance. Vote: Unanimous This day the County Environmental Engineer in accordance with directions from this Board, made report in writing upon his examination of Red Lion Place, Marble Head Court, Homestead Court and South Red Lion Court in Heritage Commons, remaining portion of Sections A and B, Midlothian District. Upon consideration whereof and on motion of Mr. Dodd, seconded by Mr. Bookman, it is resolved that Red Lion Place, Marble Head Court, Homestead Court and South Red Lion Court in Heritage Commons, remaininq portion of Section A and Section B, 83-033 ]0. Midlothian District, be and. they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Red Lion Place, beginning where State maintenance ends, Red Lion Place, State Route 1952, and going .03 mile easterly to intersection with Homestead Court, then continuing .05 mile easterly to intersection with South Red Lion Court, then continuing .02 mile easterly to tie into proposed Red Lion Place, Heritage Village, Section A; Marble Head Court, beginning at intersection with Red Lion Place, State Route 1952, and going .08 mile southerly to a cul-de-sac; Homestead Court, beginning at intersection with Red Lion Place and going .07 mile northeasterly to a cul-de-sac and South Red Lion Court, beginning at intersection with Red Lion Place and going .06 mile southwesterly to a cul-de-sac. These roads serve 32 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia DeDartment of Highways a 40 ft. right-of-way for all of these roads except Red Lion Place which has a 50 ft. right-of-way· These sections of Heritage Commons are recorded as follows: Section A, Plat Book 29, Pages 39 and 40, August 2, 1977. Section B, Plat Book 35, Pages 26 and 27, December 13, 1979. Vote: Unanimous Mr. Hedrick stated that there was an added item requesting the Circuit Court Judges to appoint Thomas Edward Goble as a Police Officer for Chesterfield County. Mr. Dodd stated that he would like to request an Executive Session to discuss personnel matters before approving this request. He stated that although it is a personnel matter, it does not personally reflect on Mr. Goble. It was generally agreed the Executive Session would be held later in the day and it was requested that Chief Pittman be present. Mr. Dodd stated that the Board of Equalization of Real Estate Assessments had been a five member Board and that last wear it was reduced to three. He stated that he felt with something as controversial as real estate assessments, that each District of the County should have a representative. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board of Supervisors respectfully requests the Circuit Court Judges to create a Board of Equalization of Real Estate Assessments for the 1982 general reassessment and appoint five members in accordance with Sections 58-898 and 58-899 of the Code of Virginia, and further the Board requests the Circuit Court Judges appoint the following people to serve on this Board: Mrs. Lorraine Weitzel Midlothian District e Mr. Ludson W. Hudgins Clover Hill District Mr. Richard M. Allen Bermuda District Mr. James E. Walters Matoaca District Mr. Ronald G. Mann Dale District Vote: Unanimous 83--034 Mr. Bookman stated that Mrs. Carla O'Hare had been the Clover Hill District's representative to the Community Services Board and with the redistricting, she is now in Matoaca District. He stated that he highly recommended Mrs. O'Hare and if Mr. Robertson wanted to consider her, he would yield a second appointment at this time for Clover }{ill District. On motion of Mrs. Girone, seconded by Mr. Dodd, %he Board appointed the following people to the Chesterfield County Community Services Board for the terms as indicated: 1. Mrs. Carrie Rogers, Midlothian District, term to expire on December 31, 1985; 2. Mrs. Mary Jo Lux, Clover Hill District, term to expire on December 31, 1984; and 3. Mrs. Carla O'Hare, Matoaca District, term to expire on December 31, 1985. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Robertson, the Board appointed Dr. Walter E. Kilbourne, Bermuda District, and reappointed Mr. John Mazza, Matoaca District, to the Airport Advisory Board effective iF~ediately whose terms will expire on February 14, 1.986. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Dodd, the Board reappointed the following people to the Richmond MPO Citizens Transportation Advisory Committee effective immediately and whose terms will expire on December 31, 1984. Mr. Edward J. Jefferson Mr. C. H. Clarke Vote: Unanimous Dr. Neil J. Humphries Mr. Frederick T. Gray, Jr. Mr. Hedrick advised the Board of other outstanding appointments. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board went into Executive Session to discuss personnel matters as permitted by Section 2.].-344 (a) (!) of %he Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: Mr. Hedrick stated that for those present, although the Board went into an Executive Session for personnel matters which was a legal Executive Session, it d~.d not involve Mr. Thomas Goble personally. On motion of Mr. Dodd, secoDded by Mr. Bookman, the Board respectfully requests the t~r.~uzt Court Judges to appoint Mr. Thomas Edward Goble as a Police Officer for Chesterfield County effective January 31, 1983. Vote: Unanimous Mr. Frank Gee, Resident Engineer with the Virginia Department of Highways and Transportation, was present. He stated that the results from the Turner and Belmont Road study were in and he would like to meet with Mr. Daniel. Mr. Daniel inquired if a 83-035 12.A. light is warranted. Mr. Gee stated it was not but 'that other measures that can be implemented to improve the intersection. Mr. Dodd requested that a speed l~mit sign be installed on Petersburg Street as this one was missed when the Highway Department installed others in Chester. Mr. Dodd excused himself from the meeting. Mr. Bookman inquired about the asphalting of Providence Road. Mr. Gee stated that the contractor did not finish as the Department gave him a shut-down because of the cold weather. He stated that this road and others in the amount of about $100,000 will be completed in the Spring. Mr. Bookman inquired if the original budgeted funds would still be used or would new funds have to be utilized. Mr. Gee stated that the original funds would be used. Mrs. Girone stated that she would be talking with Mr. Gee in the near future regarding the use of Revenue Sharing money for improvements in Midlot~ian District. Mr. Dodd returned to the meetJ, nq. Mr. Muzzy stated that in the early 1970's with the inception of the County Industrial Park, a ta×iway was proposed to serve those properties indicated on the Airport side of Whitepine Road and has been located on the Master Plan. He stated that in November, 198]., the Board authorized the County Administrator to enter into a contract for construction plans for said taxiway. He stated the plans are completed and have been presented to the property owners in the Park who are affected, the funds are available in the Industrial Park Reserve Account and the Taxiway Account which cost is estimated at $240,000 and it will involve an initial 20 ft. wide taxiway. He reviewed the site plan and explained the location of the taxiwa¥ and easements require~. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board authorized alternative 1 and authorized the transfer of $160,500 from the Airport Industrial Park Reserve Account, 111-1-00880-0000, to the Airport Taxiway Account, 330-1-92304-000, and authorized the County Administrator to enter into a contract for the construction of the taxiway, as indicated on plans da'ted July, 1982, in the amount not to exceed $240,000. Mr. Daniel stated he is concerned with internal consistency which is the same rationale used to make one decision versus another. He stated that staff recommends that the timing is right and that the County has a moral and ethnical obligation regarding this project. He stated he felt the Dale Park had a similar moral and ethical obligation bu-t yet that was denied at this time for reasons of timing. He inquired if this were in the CIP and if not, it should be deferred until the CIP is discussed. He stated he felt it was unrealistic to vote for this appropriation which benefits very few people when the Board would not discuss voting capital money because times are hard, etc. He stated that he would not be able to support this in order to stay consistent. He stated he felt it was wrong for two papers to be presented with two different recommendations when they both involved capital expenditures. Mr. Bookman stated that this project is entirely different. He stated that the people who are located along this side of the Airport paid additional funds for this taxiway when purchasing their property. He stated that we could refund their money with interest for the additional ~unds they paid which the County Attorney has stated cannot be done or we can build the project. He stated these funds are not coming from the general fund of the County but from the money for properties which have been sold 83-036 12.B. which money is supposed to go back into improvements to the Park. He stated this is totally a different situation. Mr. Dodd inquired when the extension of the Airport runway would take place and if it would be best to do this project at the same time the contractor is already there. Mr. Muzzy stated that this extension is dependent upon ~r~nt approval. Mr. Bookman stated this project has already been engineered and it will never be less than it is today. Mr. Hedrick stated that all hurdles have been crossed with the exPansion of the runway at the Airport except for releasing the federal funds but they have been frozen in Washington for some time and he is not sure why. He stated that this matter was brought up at the Board's request because of inquiries from property owners and at the Board's direction the project was engineered. He stated that the recommendations are how the project can be funded if the Board would like to proceed. Mr. Dodd stated he knew that this project has been discussed for five years and he was just interested in the cheapest cost and the best time for doing the construction. Mrs. Girone stated this money is in the Airport Industrial Reserve Account, it is ~et in 'the operating budget of the County or general revenue. She stated these funds have been set aside for this purpose which is entirely a different issue. Mr. Daniel stated that he felt it was the same issue because it is still County money and the residents of Dale District who were promised a park are still without one. Mr. Phil Evans, property owner in the Airport industrial Park, stated that he bought property in the Airport Industrial Park at an extra $10,000 with the anticipation of the taxiway which they would not have done if they had any doubt about its construction. Mr. Lou Lehman stated that he realized the dJ. scussion regarding the Park and the denial of the request but two wrongs do not make a right. He stated that the taxiway has been promised for seven or eight years and property was bought with the understanding that the taxiway was to be constru~ted. He stated he would not have bought the property had this not been promised. The vote being taken was as follows: Ayes: Nays: Mr. Robertson, Mr. Bookman and ~lrs. Girone. Mr. Dodd and Mr. Daniel. Mr. Richard Kavanaugh inquired when this could be expected for construction as they bad to make plans regarding construction of their own hangar facilities. The Board assured the property owners that staff would [~roceed as quickly as possible and that bids would be let within the next month or so but indicated Mr. Kavanaugh should discuss this with Mr. Muzzy or Mr. Balderson as they could give more specific details. Mr. Dodd stated that when the Richmond-Petersburg Turnpike was constructed, a vital area just like Meadowville Road was bypassed, which was the Willis Road interchange at which location only half of an interchange was constructed and later private enterprise completed. He stated there was quite a bit of controversy, there were threatened law suits and it was a very difficult situation. He stated he is afraid that if the Virginia Department of Highways and Transportation does not construct the Meadowville interchange for the County, that this entire region will be bypassed and really bisected to a degree that the Department will be cutting off an access that is there now for several roads. He stated he felt this was of vital importance 83-037 12.C. 12.D. that this area not be bypassed, not only for Chesterfield County but for the entire region. He stated there are possibilities of a deep water port authority and other types of development which are being considered. He stated there is a real fear in his mind that once the road is built, if that interchange is not put in, it will never be a reality. He stated another point is that the County would not have the Brown Boveri plant today, if the Willis Road interchange was not tlhere. He stated there is 10 times more room at the intersection of Route 6].8 than was at Willis Road. On motion of the Board, the following resolution was adopted: Whereas, The route for the 1--295 bypass in the Richmond and Tri-Cities metropolitan areas crosses Meadowville Road, Route 618; and Whereas, The routing of 1-295 north of Meadowville Road adversely bisects the largest prime site in the area for heavy industrial development; and Whereas, The adverse effects of 1-295 on the aforementioned site can be ameliorated by an interchange at 1-295 and Meadowville Road. Now, Therefore, Be It Resolved, that. the Chesterfield County Board of Supervisors hereby requests the Virginia Department of Highways and Transportation to undertake actions necessary for the construction of an interchange on Meadowville Road, Route 618, as a part of the constructJ.on of the 1-295 bypass. Vote: Unanimous Mr. Dodd requested that copies be sent to all of the elected officials representing Chesterfield County. On motion of Mrs. Girone, seconded by Mr. Bookman, the Beard accepted an agreement between the County and the developers of Spring Grove Subdivision, Lots 27 and 28, and authorized the County Administrator to sign a save-harmless agreement with the Virginia Department. of Higbwavs and Transportation for certain drainage easements that may be necessary to be acquired for Sprin~ Grove Subdivision, Lots 27 and 28. Vote: Unanimous On motion of Mr. Robertson, seconded by Mr. Dodd, the Board approved the installation of street lights at the following locations in River Road Estates with any funds to be expended from the Matoaca District Street I.ight Funds: 2. 3. 4. 5. 6. 7. Brickhouse Drive and BrJckhouse Court River Road and Truth D.~:ive River Road and Attucks Drive Truth Drive and Attucks Drive Sasha Court and Sb. sker Drive Sacks Lane and Shaker Court Brickhouse Drive and Sacks Lane And further the Board denJ. ed the requests for installation of street lights at the following locations as they did not meet the criteria: 2. 3. 4. Between 20910 and 20911 Truth Drive Brickhouse Drive, Near 20914 Between 4210 and 42].1 Brickhouse Court Between 20907 and 20908 Sasha Court Vote: Unanimous 83-038 13.A. 13.B.1. 13.B.2. 13.C. 13.D,1. 13.D.2. On motion of ~.rs. Girone, seconded by Mr. Bookman, the Board denied the request for installation of a street light at Bullington Road, near 9028. Vote: Unanimous The Board was presented with the water and sewer financial status reports. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved the following change orders for the Falling Creek Wastewater Treatment Plant Expansion, 7032-25: ~54 - Furnishing and installing low water cut offs at six locations to protect the pumps - Increase of $5,892.60. ~55 - Decreasing amount of sheet piling installed and for increase in unit price of sheet piling - Decrease of $128,348.96. 3. ~56 - For 193 day extension of time (until June 30, 1983). Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved the request from Queensmill Corporation to enlarge the area from which refunds from sewer connection fees are made for off-site sewer i~mprovements, S78-80CD, which include the new Midlothian High School and is shown on a map filed with the papers of this Board, provided the refunds from outside the Queensmill area are secondary to any other contracts in this area. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the request from Karl B. Wagner, Jr. for a one year extension of time for refunds under Contract W78-14CD which is until February 8, 1984. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute any necessary documents for the fc~llowing sewer contract: S83-5CD/7(8)3052, Brandywine Forest, Section D Developer: Bo~ese, Inc. Contractor: W. T. Curd, Inc. Sub-Contractor: Coastline Construction, Inc. Total Construction Cost: $27,883.80 Estimated County Cost: $ 2, 014.59 - refund through sewer connection fees Code: 574-1-11781-~7221 Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved and authorized 'the County Administrator to execute any necessary documents for the following water contract: W83-BCD/6(8)3082, Brandywine Forest, Section D Developer: Bogese Incorporated Contractor: W. T. Curd, Jr., Contractor, Inc. Total Contract Cost: $17,001.50 Estimated County Cost: $ 2,70'7.45 - refund through connections 83-039 13.D.3. 13.D.4. 14. 15. 16. Estimated Developer Cost: $14~294.05 Code: 366-1-11684-722]. - refuted through connections for oversize ma in s Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W83-10CD/6(8)3102, Spring Grove Developer: Sowers & Associates Contractor: J. Steven Chafin, Inc. Total Estimated Cost: $77,239.40 Estimated County Cost: $19,578.60 - total refund for oversize mains Estimated Developer Cost: $57,670.60 Code: 366-1-11684-7221 - refund, through connections for oversize mains And further the Board transferred $11,441.89 from 380-1-62000-7212 (cash reimbursemerits) to 380-1-63102-4393 which includes a 10% contingency. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Daniel, the Board authorized the County Administrator to accept, on behalf of the County, a five foot strip of ]and located along Burge Avenue and across the property of J. T. and Elizabeth B. Welton. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board appointed Mr. Philip W. Evans, representing Midlothian District, to the Airport Advisory Board effective immediately whose term will expire on February 14, 1986. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the Board went into Executive Session to discuss th~ disposition of publicly held property as permitted by Section 2.1-344 (a) (2) of the Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: On motion of Mr. Dodd, seconded by Mr. Bookman, the Board authorized the County Administrator to execute contingent sales contracts and to set public hearings for February 23, 1983 at 10:00 a.m. for the conve~ance of parcels in the Airport Industrial Park to W. G. Fields and to Sealeze Corporation. Vote: Unanimous The Board recessed to travel to Room 502 in the Courthouse for a work session on revenue estimates. Reconvening: Mr. Ramsey stated that usumlly beginning the budget process, staff likes to start with revenue discussion. He stated that 83 -040 staff had met with tile Board in the Fall and went over the three year projections and what would be expected for the then current year and the next three years. He stated that it was estimated in the Fall that the County would only realize 97%% of the revenues which were budgeted because of the economic conditions which means a $2,000,000 shortfall. He stated the shortfall was in three major areas--real estate, state and local taxes and delinquent taxes. He stated that personal property taxes were hoped to off-set some of this deficit at that point. He stated that in reviewing updated figures the minimum would be $1,500,000 shortfall and that departments were asked to help off-set that shortfall and they have had each department evaluate what effect a 4% reduction would have on those services provided. He stated some of the surplus for position vacancies and savings on the Blue Cross contract have actually been moved to a separate account until the end of the vear. He stated with this action taken, the objective is that the budqet can be balanced even with the shortfall of revenue. He stated another key factor to balancing the current year is the surplus turned back by the School Board. Mr. Stegmaier reviewed charts of total revenue for the past two years which indicates that the percentage increase each year is declining. He stated that in the past, staff could evaluate historical trends and project future revenues fairly accurately because we had a steady inflation rate and growth. He stated as a result of the current economy and growth, we cannot project as accurately as before. He reviewed the real estate tax revenues, the state sales tax revenue, the local sales tax revenue and the General Fund revenue estimates for fiscal year 1984. Mr. Dodd inquired about the increase in assessments. Mr. Stegmaier stated it was an average of 3% compared to 7% last year. Mr. Ramsey stated we will have less new revenues to deal with next year than we have for the past years. Mr. Hedrick stated that out of the $6,000,000 in additional revenues we are going to have to absorb $3,000,000 in additional debt service because of the school bond issue which leaves $3,000,000 to spread between schools and the general County government. He stated the impact of inflation on schools and the general County government as far as electricity, etc. has been calculated. He stated it is estimated that schools will receive $4,700,000 with $1,700,000 for inflation to the existing budget ~pd $3,000,000 for debt service. He stated this includes nothing for new services, but holding everything as it is now. He stated this leaves $1,300,000 for the general County government and is about $2,000,000 less than what we need to keep up with inflation. He stated other factors such as possible mandated programs, the Governor is reconm~ending ~ 6.3% s~lary increase for teachers and that will be funded on a percentage basis by localities, etc. are not included. He stated that the $~,000,000 does not include a cost-of-living increase for employees. He stated some tough decisions are qoing to have to be made because the Board will receive requests from rescue squads, schools and others and if we adhere to maintaining the tax rate, etc~--decisions will be necessary. He assured the Board that staff is not playing games with these figures. He stated that the County, relative to other jurisdictions in the State and the nation as a whole, is an affluent County and if the Board wanted to do somethin~ about the tax rate in the short term, we could do it and people would feel a minimum impact. He stated that the money has been saved in the big areas, now it will be a few thousand here or a few hundred there. He stated staff will probably have to come to the Board with a budget that will dip into the fund balance and if we do that, and there is not a turn around next year, then we will be faced with a substantial tax increase. Mr. Dodd stated he felt there were a lot of areas that could be addressed--the motor pool[ being one. Mr. Hedrick stated that this has been tightened up as much as possible. There was some discussion regarding a possible freeze on hiring, raises for employees, maintaining/reducing service levels, maintaining priorities set last year, etc. 83-041 17. Mr. Daniel stated he felt tables showing the new money and the places it needs to go and wha[ is left for discretionary money should be prepared. He stated he felt it would helpful at this time. Mr. Hedrick stated that although this sounds like a doomsday speech, the Board will be getting a lot of requests and they need to know the state of affairs. Mr. Daniel stated each request will have to be assessed on a case by case basis· Mr. Hedrick stated that he would be conducting budget sessions this afternoon and Mr. Hodge would be attending the afternoon zoning meeting in his absence. The Board recessed to return to the Board meetinq for the afternoon zoning session. Reconvening: 83SR007 In Bermuda Magisterial District, RALPH $. MITTEN requested renewal of a Special Exception to park a mobile home on property which, he owns. Tax Map Section 6~-13 (2) Bellwood Estates, Lot 83 and better known as 8319 Gresham Avenue (Sheet 23). Mr. Mitten was present. For the record, Mr. Dodd inquired if Mr. Mitten had purchased his mobile home from his company. Mr. Mitten stated he did not. Mr. Mitten=orated he had received letters from Mr. Pizzuto and Ms. Cross who were not opposed to this request which he submitted to the Planning Department. He stated he would be using the home only for Storage. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved this request for a period of five years subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (]) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal qoods and articles shall not be stored un~erneath the mobile home. Where public (Count]:~) water and/or sewer are available, they shall be used. Upon being granted a permit for a~Mobile Home Permit/Special Exception, ~he applicant shall ~hen obtain the necessary permits from the 6ffice of' the Building Official. This shall be done prior %o the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 83 -042 ]8. 83SR008 In Bermuda Magisterial District, MR. AND MRS. DAVID LEWIS requested renewal of a Special Exception to park a mobile home on property which belongs to Ruth Childs, mother of Mrs. Lewis. Tax Map Section 133-7 (1) Parcel 1 and better known as 13911 Jefferson-Davis Highway (Sheet 41). Mrs. Childs was present representing the applicant. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor ].eased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. m No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and ~rticles shall not be shored underneath the mobile home. e Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 82S110 In Clover Hill Magisterial Distx'ict, T.N. INGRAM AND D.N. COLE requested rezoning from Agricultural (A) to Community Business (B-2) of a 1.06 acre parcel fronting approximately 200 feet on Hull Street Road, also fronhJ.n~ approximately 250 feet on Suncrest Drive, and located in the northeast quadrant of the intersection of these roads. Tax Map 49-7 (1) Parcels 11 and 14 (Sheet 14 ). Mr. Balderson stated the applicant had requested withdrawal of this request. There was no opposition present. On motion o~ Mr. Bookman, seconded by Mrs. Girone, the Board accepted the request of the applicant for withdrawal. Vote: Unanimous Mr. Daniel stated, for the record, 'that when the I.ANCO Corporation case would be heard today he would excuse himself from 'the meeting. He stated that when this case came to the Planning Commission, the owner/applicant was represented by Mr. Jeff Collins of Charles Townes and Associates. He stated after the case was voted on and some time later, he accidently discovered that LANCO Corporation is an affiliate of a group which is a client of his wife. He stated had he known that in advance, he would have abstained from the vote, but not knowing 83-04.3 the people and individuals, there was no way for him to have that information and to abstain. He stated that he would not participate today in the decision of the LANCO Corporation request and he had discussed this with the Commonwealth's Attorney and he stated this was the proper way in which to handle this matter. He stated he also declared with the Planning Commission the facts of the case. ~{e stated that he must point out that the Planning Commission made no recommendation because it was a 3-3 vote. He stated if his vote were discounted, the recommendation would have come to the Board with a vote of 3-2 for denial. 82S097 In Bermuda Magisterial District, J. CARL MORRIS requested rezoning from Agricultural (A) to Residential (R-7) of an 85 acre parcel fronting approximate]v 2,000 feet on the north line of Enon Church Road, and located approximately 1,500 feet west of its intersection with Loren Drive. Tax Map 135-]1 (1) Part of Parcel 1 and Tax Map 135-14 (1) Part of Parcel 1 (Sheet 42). Mr. Balderson stated the applicant had requested a 30 day deferral of this case. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved the request of the applicant for a deferral of this case until February 23, 1983. Vote: Unanimous 82S108 In Matoaca Magisterial District, STAMIE E. LYTTLE requested rezoning from Agricultural (A) to Residential (R-40) of a 105 acre parcel fronting approximately 1,700 feet on the west line of Coalboro Road, and located approximately 1,600 feet north of its intersection with River Road. Tax Map 124 (1) Parcel 64 (Sheet 37). Mr. Balderson stated the applicant had requested a 60 day deferral of this case. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved the request of the applicant for a deferral of this case until March 23~ 1983. Vote: Unanimous 82S109 In Midlothian Magisterial DistrJ. ct, E.M. CIEJEK requested rezoning from Agricultural (A) to General Business (B-3) of a 1]..5 acre parcel fronting ~pproximately 230 feet on the east line of Grove Road, and located apt~ro×imately 1,500 feet south of its intersection with Midlothian Turnpike. Tax Map 16-16 (2) Sunny Dell Acres, Lots 17, 18, ].9~ 20, 21 and 22 (Sheet 7). Mr. Balderson stated the applicant had requested a 60 day deferral of this case. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved the reguest of the applicant for a deferral of this case until March 23, 1.983. Vote: Unanimous 81S097 (Amended) In Bermuda Magisterial District, PHILIP S. PERDUE requested rezoning from Agricultural (A) to Residential Townhouse-For-Sale (R-TH) of 28.8 acres and to Residential (R-9) of 45.5 acres with a Conditional Use Planned Development encompassing the entire 74.3 acre tract. This property lies at the southern terminus of 83-044 Eagle Lane and at the northern terminus of Bragaw Drive and includes all property bet. t~.~een these two terminuses. Tax Map 97-6 (1) Parcel 4 (Sheet 32). Mr. Balderson stated the applicant had requested that this matter be deferred until later in the day as his representative would not be present until that time. It was generally agreed the Board would defer this matter until later in the day. 82S080 In Midlothian Magisterial District, CONSOLIDATED INDUSTRIALS, INC. requested rezoning from Agricultural (A) to Office Business (O) plus a Conditional Use Planned Development to permit a twenty-five (25) foot exception to the fifty (50) foot front yard setback for parking and buildings fronting on major arterials on a .685 acre parcel fronting approximately 300 feet on Midlothian Turnpike, also fronting approximately 300 feet on Old Buckingham Road, and located in the northeast quadrant of the intersection of these roads. Tax Map 16-9 (1) Parcel 19 (Sheet 7). ~. Balderson stated the Planning CoF~ission had recommended approval of this request subject to certain conditions. Mr. Williamson, representing the applicant, was present and stated the conditions were acceptable. There was no opposition present. Mrs. Girone expressed her appreciation for the cooperation and assistance by the developer regarding this application as it was a difficult parcel with which to work. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The below stated conditions, notwithstanding, the revised site plan shall be considered the plan of development. The structure to be erected on the parcel shall be similar to the elevations submitted with the application. Specifically, the facades of the building shall employ natural wood siding, and trim shall be painted and/or stained in earth tones. The shingles shall also be of an earth tone color. Prior 'to obtaining a building permit, colored renderings shall be submitted to the Planning Department for approval. m In conjunction with the granting of this request, a twenty-five (25) foot exception to the fifty (50) foot building and parking setback requirement along Midiothian Turnpike shall be ~/ranted. Wi{~hin the twenty-five (25) foot setback area, there shall be installed a three (3) to four (4) foot undulating berm. In addition, ornamental trees and shrubs coupled with existing vegetation shall be placed within the twenty-five foot setback area. %{ith the exception of thce parking area encroachment on the east side, a ten (10) foot buffer area shall be provided around the remainder of the site. Within this buffer, ornamental tre,es and shrubs, coupled with. existing vegetation shall be provided in a manner which substantially screens the cemetery from this proposed use. In conjunction with schematic plan submission, a detailed landscaping plan depicting these requirements shall be submitted to the Planning Commission for approval. Within the fifteen (15) foot setback area along Old Buckingham Road, existing vegetation shall be supplemented with additional vegetation to include ornamental trees and shrubs. A landscaping plan depicting this requirement shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. Se Prior to the issuance of a building permit, thirty (30) feet of right of way, measured from the centerline of Old 83-045 Buckingham Road for the entire length of the property abutting Old Buck~ng'kam l~ead, shall be dedicated 'to and for the County of Chesterfield free and unrestricted· Prior to the issuance of an occupancy permit, an additional lane of pavement, twenty-six (26) feet from the centerline of Old Buckingham Road with curb and gutter, shall be constructed for the length of the property abutting Old Buckingham Road. Prior to the issuance of afl occupancy permit, an additional lane of pavement, twenty-six (26) feet from the centerline of the westbound lane of Midlothian Turnpike, with curb and gutter, shall be constructed along the Midlothian Turnpike frontage. This condition may be modified at the time of schematic plan approval. Other than directional signs, there shall only be one (1) freestanding sign permitted identifying this development. This sign shall blend with the architectural character of the proposed structure; shall not exceed an aggregate area of thirty (30) square feet~ and may be illuminated but shal[ be not luminous. Prior to erection, a colored rendering shall be submitted to the Planning Department for approval. The conditions stated herein, notwithstanding, the bulk requirements of the Office Business (O) District shall be applicable. 10. In conjunction with schematic plan submission, detailed landscaping and grading plans, depicting the relationship of the proposed use to the grave sites and indicating methods which will be used to protect any grave sites within or bordering the construction area shall be submitted to the Planning Commission for approval. Vote: Unanimous 82S087 In Dale Magisterial District, DEVELOPMENT ENTERPRISES, INC. requested rezoning from Residential (R-7) to General Industrial (M-2), plus a Conditional Use Planned Development to permit a 15 foot exception to the required 200 foot setback for all permitte~ uses from adjacent residential districts on a 23.8 acre parcel fronting approximately 700 feet on the south line of Walms].ey Boulevard, and located approximately 150 feet east of its inter- section with Willesden Road. Tax Map 42-10 (1) Parcel 2 (Sheet 16) . Mr. Balderson stated the Planning Commissiou had recommended approval of M-1 zoning for the property lying to the west of the internal north/south road and M-2 zoning for the property lying to the east of the internal north/south road subject to certain conditions. He further stated that at the request of the Supervisor of the area, two additional conditions were prepared by staff. Mr. Featherston was present representing the applican~ and stated all 'the conditions were acceptable. There was no opposition present. Mr. DaDiel in¢~uired if the applicant would have any objections to conditions ~13 and %14 being amended to require that the signs be 5 ft. from ground level. The applicant agreed that this would be acceptable· Mr. Raymond Talley, an adjacent property owner and representative of the adjacent churcl and other property owners, stated thev all were in agreement witt the rezoning and conditions and stated his appreciation for the cooperation by all involved in this case. Mr. Daniel also state~ his appreciation for the manner in which this case was handled and for the cooperation received· On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved M-1 zoning for 'the property lying to the west of the internal north/south road and M-2 zoning for the property lying to the east of the internal north/south road subject to the following conditions: 83-046 e 11. 12. The below stated conditions, not%~ithstanding, the master plan, prepared by C. Aubrey Featherston, II, dated 8-2-82, shall be considered the plan of development. A one hundred (100) foot buffer shall be maintained along the western property line. With the exception of underbrush and any area necessary for cons~ruction of a berm, all existing vegetation shall be maintained. Where existing vegetation is not of a species which provides screening throughout the year, additional planting shall be required within the first twenty-five (25) feet (measured from east to west); a chainlink fence, not less than eight (8) feet in height, shall be provided. An earth berm having a height of not less than five (5) feet shall be provided along the eastern line of the buffer area for its entire length. Stabilizing ground cover as well as evergreen trees and shrubs shall be planted along this berm. This buffer shall be installed prior to occupancv on any lot which is adjacent to the Residential (R-7) zoning to the west. In conjunction with the first schematic plan review, a specific landscaping plan including a tyDical section for this buffer area shall be submitted to the Planning Commission for approval. Outside storage shall be prohibited on proposed lots adjacent to the Residential. (R-7) zoning to the west. Any uses which require outside storage, shall be located east of the proposed north/south roadway. All outside storage areas shall be screeDed from vie~ of ~L~l~sle¥ Boulevard. In conjunction with schematic plan submission, a screening plan for outside storage areas shall be submitted to the Planning Commission for approval. Ail public roads shall have a minimum right of way of sixty (60) feet. Ail public roads shall have a minimum width of forty (40) feet, face of curb to face of curb. All Dublic roads shall be constructed to VDH&T specifications and taken into the State system prior to the issuance of any occupancy permits. Ail public roads shall be constructed utilizing curb and gutter. The north/south collector road (Road A) shall be stubbed into the adjacent property to the south. A temporary turnaround shall be constructed at the southern terminus to~ State specifications. Ail driveways and parkings areas shall be paved. Further, all driveways and parkings areas shall be curbed. Gutters shall be installed Rs deemed necessary by Environmental E ' ' ~ngzneerzng. Ail utility lines shall be provided with underground distribution. Ail vehicular access shall be restricted to the north/south collector road~. There shall be no individual lot access to Walmsley Boulevard. No trucking terminals or ice Dlants shall be permitted. A fifty (50) foot buffer, to be left in its natural state, shall be provided along the north property line (i.e., this width shall be measured from the property line as it exists at the time of zoning). No cutting, clearing or grading, with the exceptiom of removal of underbrush, shall be permitted within this buffer. With the exception of the north/south road, there shall be no facilities permitted within this buffer area. 83-047 13. 14. Other than one (1) freestanding sign, there shall be no signs located along Walmsley Boulevard. The one (1) freestanding sign permitted shall be for the purpose of identifying the industrial park. The sign shall not exceed a total area of twenty-five (25) square feet, nor a total height of five (5) feet from ground level. The sign shall not be luminous but may be illuminated. The sign's facade shall employ subdued colors. Prior to erection, a colored rendering of the sign shall be submitted to the Planning Department for approval. Individual business signs within the industrial park shall be regulated by the Zoning Ordinance M-1 sign restrictions, with the exception that the signs shall not be luminous, an( freestanding signs shall not exceed a height of five (5) feet from ground level. Vote: Unanimous 82S100 In Matoaca Magisterial District, ROBERT K. SAWYER requested a Conditional Use to permit a stock farm (one cow) in a Residentia~ (R-7) District on a .75 acre parcel fronting approximately 100 feet on the west line of Alberta Road, and located approximately 70 feet north of its intersection with Family Lane. Tax Map 63-10 (2) Stanwick, Section 1, Block A, Lot 3 (Sheet 21). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mrs. Sawyer was present and stated that the cow was needed for health reasons for her son. She stated she would like the approval for two years rather than one. There was no one present in oppositi¢ to this request. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board approved this request subject to the followin¢ conditions: This Conditional Use shall be granted to and for Robert K. Sawyer, and shall not be transferable nor run with the land This Conditional Use shall be limited to the keeping of one (1) cow. The cow shall be confined to the fenced corral area which presently exists on the parcel. The pasture and. corral area shall be cleaned and made free from manure daily. In addition, fresh straw and disinfectant shall be applied to eliminate the proliferatioi of odor and propagation of insects. No commercial activ-|.ty, with zespect to the keeping of the animal, shall be permitted. This Conditional Use sha].l be granted for a period not to exceed two (2) years from date of approval, and may be renewed upon satisfactory reapplication which must demonstrate that the keeping of this animal has not and wil not adversely affect adjacent property owners. Vote: Unanimous Mr. Dodd excused himself from the meeting, but indicated it was not for a conflict of interest. 82S103 In Clover Hill. Magisterial District, B. GORDON BEASLEY, JR. requested rezoning from Agricultural (A) to Office Business (0), plus a Conditional Use Planned Development to permit use and bull exceptions to the requirements of the Zoning Ordinance on a 1.96 83-048 acre parcel fronting appro×imately 120 feet on Turner Road, als¢ fronting approximately 730 feet on Cloverleaf Drive, and located in the northeast quadrant of the intersection of these roads. Tax Map 29-1 (1) Parcel 16 (Sheet 9). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Beasley was present and stated he agreed with the conditions as recommended. There was no opposition present. Mr. Dodd returned to the meeting. Mr. Bookman stated there is no entrance planned to Turner Road, but this request is for the entire parcel. He also inquired wha~ would happen with the existing structure and how would that have access. Mr. Beasley stated they would be putting an entrance off of Cloverleaf Drive and the building will be left there now and office would be built later. Mr. Balderson stated that there will be two entrances on Cloverleaf Drive and no entrance on Turner Road. He stated everything would have to be routed to Cloverleaf Drive because Turner Road is heavily travelled and it is a badly congested intersection. Mr. Bookman inquired if the right-of-way should be obtained for the widening of Turner durin¢ this process. Mr. Balderson stated that would be done during schematic plan approval· Mr. Bookman inquired if Mr. Beasley were willing to dedicate this right-of-way. Mr. Beasley indicated he was. On motion of Mr. Bookman, seconded by Mr. Girone, the Board approved this request subject to the following conditions: The below stated conditions notwithstanding, the site plan prepared by Freeman and Morgan Architects, dated 10/4/82, shall be considered the plan of development. The uses permitted on this parcel shall be limited to those permitted in the Office Business (O) ~istrict and a day carl center. Ail parking, driveways and playground areas shall be set back a minimum of fifteen (15) feet from the right of way of Cloverleaf Drive. Within this fifteen (15) foot setback, ornamental trees and shrubs shall be planted. A landscaping plan, depicting this requirement, shall be submitted to the Planning Commission for approval in conjunction with final schematic plan review. Prior to obtaining a building permit, if plans for the widening of Turner Road have been developed by the VDH&T, the required right of way and easements to accomplish the project shall be dedicated. If the right of way, necessary to complete the project, is !ess than a total of ninety (90) feet, a minimum of ninety (90) feet (i.e., forty-five (45) feet, measured from the centerline) shall be dedicated. plans have not been developed, forty-five (45) feet of righ~ of way, measured from the centerline of Turner Road, shall be dedicated to and for the County of Chesterfield free and unrestricted for the entire length of the property which abuts Turner Road. If the office portion of the property is developed first, ar additional lane of pavement twenty-six (26) feet from the centerline, and curb and gutter, shall be constructed to VDH&T's specifications along the entire length of the property line adjacent to Turner Road. This construction shall be completed and taken into the State system prior to the issuance of an occupancy permit. If the day care cente~ is constructed first, an additional lane of pavement twenty-six (26) feet from the centerline, and curb and gutter, shall be constructed to VDH&T's specifications alone the entire length of the property line adjacent to Cloverleaf Drive and Turner Road. This construction shall 83-049 10. 11. 12. be completed and taken into the State system prior to the issuance of an occupancy permit. There shall be no access to Turner Road. There shall be no ingress or egress along Cloverleaf Drive for a distance of 150 feet east of the western property line. The driveways, serving the drop-off and pick-up area, shall be designated and designed as a one-way entrance and a one-way exit. Parking for the day care center shall be provided at a ratio of one (1) space for each twenty (20) children enrolled, up to a maximum of six (6) spaces, plus one (1) space for each employee. In conjunction with the granting of this request, an eleven (11) foot exception shall be granted to the required thirty (30) foot rear yard setback requirement for the day care center, only. The Zoning Ordinance requirements, relative to signage, shall be adhered to with the exception that signs shall not be luminous, but may be illuminated; however, signs constructed with an opaque material and translucent letters which are lit from within shall be permitted. In conjunction with schematic plan review, a rendering depicting colors, materials and methods of lighting shall be submitted to the Planning Commission for approval. The above stated conditions notwithstanding, all bulk requirements of the Office Business (O) District shall be applicable. Vote: Unanimous 82S104 In Midlothian Magisterial District, F. GROVE WHITE AND CHARLES SHIFLETT requested a Conditional Use Planned Development to permit use and bulk exceptions to the requirements of the Zoning Ordinance in an Agricultural (A) District and in a Residential (R-7) District on a 1.6 acre parcel fronting approximately 310 feet on the east line of Crowder Drive, and located approximately 300 feet north of its intersection with Midlothian Turnpike. Tax Map 15-12 (1) Parcels 6 and 7 (Sheet 7). Mr. Balderson stated 'the Planning Commission had recommended approval of this request subject to certain conditions. Messrs. Shiflett and White were present and stated the conditions were acceptable. Mrs· Pat Bli!ey was present and stated that she was not opposed to this request but that she lived in an adjacent home and she wanted the area to be maintained residential and hoped that this would be taken into consideration. There was no one else present regarding this matter. Mrs. Girone stated that she felt this was in keeping with the residential character of the area and it was attractive. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The below stated conditions notwithstanding, the site plan prepared by Charles Shiflett, dated October 1, 1982, shall be considered the plan of development· Thirty (30) feet of right of way, measured from the centerline of original Crowder Drive, shall be dedicated to and for the County of Chesterfield, free and unrestricted. This dedication shall be accomplished prior to the issuance of a building permit. 83-050 As deemed necessary by the VDH&T and Planning Department at the time of schematic site plan review, an additional lane of pavement, with curb and gutter, shall be constructed to VDH&T specifications and accepted into the State system, prior to the issuance of all occupancy permit. A minimum of a fifteen (15) foot setback for driveways and parking ares, measured from the ultimate right of way (i.e., 60 feet) of Crowder Drive, shall be maintained. Within the fifteen (15) foot setback area, ornamental trees and shrubs shall be planted. In conjunction with schematic plan submission, a specific landscaping plan depicting this requirement shall be submitted to the Planning Commission for approval. A ten (10) foot buffer shall be maintained along the northern property line. Within this buffer area there shall be installed evergreens, fenging and/or berming which shall be sufficient to screen the use from the adjacent property to the north. In conjunction with schematic plan submission, a landscaping plan depicting this requirement shall be submitted to the Planning Commission for approval. The purpose of this condition is to protect residents of the single family property, adjacent to the north, from seeing the parking area. Structures to be erected shall have an architectural style similar to that depicted in the renderings submitted with the application. One (1) freestanding sign identifying this development shall be permitted. This sign shall not exceed fifty (50) square feet in area. This sign may be illuminated, but may only be luminous if the facades of the sign are constructed of an opaque material, such as wood, stone, brick or similar material, with routed letters which may be translucent and lit from within. Prior to erection of the sign, a colored rendering and lighting plan shall be submitted to the Planning Commission for schematic approval. All other signs shall be as regulated in-the Office Business (0) District. In conjunction with the granting of this request, the following exceptions shall be granted to the bulk requirements of the Zoning Ordinance: A five (5) foot exception to the ten (10) foot rear yard setback requirement for accessory buildings. A ten (10) foot exception to the twenty-five (25) foot rear yard setback requirement for principal structures. At the time of schematic plan review, the Commission shall examine the parking area along the eastern property line to determine if any screening shall be necessary· 10. The above stated conditions notwithstanding, all bulk requirements of the Office Business (0) District shall be applicable. Vote: Unanimous 82S105 (Amended) In Clover Hill Magisterial District, DAVID A. TREBOUR AND GEORGE WHITLOW requested an amendment to Conditions ~25 and 35 of a previously granted Conditional Use Planned Development (Case 81S072), relative to paving and sign lighting on two (2) separate parcels of land. The first parcel consisting of 9.8 acres, fronts approximately 400 feet on the south line of Midlothian Turnpike, and located approximately 700 feet east of its 83-051 intersection with Robious Road. Tax Map 17-12 (1) Parcel 14 (Sheet 8). The second parcel consisting of 15.189 acres, fronts approximately 600 feet on the south line of Midlothian Turnpike, and located approximately 1,200 feet east of its intersection with Robious Road. Tax Map 17-12 (1) Parcel 31 (Sheet 8). Mr. Balderson stated that the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Trebour was present representing both applicants and stated the conditions were acceptable. There was no opposition present. Mrs. Girone inquired if Mr. Trebour were planning to address the lighting of the dealership and its projection onto Route 60. Mr. Trebour stated that he had contacted the Planning Department and he is in the process of trying to change and/or adjust the lighting in order that this problem will not exist. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: The sign packages submitted with the application shall be considered the plan for signs. e The grave], areas shall be as shown on the plans submitted with the application, and shall be enclosed by a fence or other means so as to preclude general public use. The area shall be graveled with four (4) to six (6) inches of 21 or 2lA stone, or the same stone used for the subbase for paved parking areas. Vote: Unanimous Mr. Bookman inquired of the County Attorney if he recommended that he leave as his son had accomplished some work on adjacent property next to that which is being requested for rezoning. Mr. Micas indicated the question should be directed to the Commonwealth's Attorney but the key question is if he has a material or financial interest in the matter. Mr. Bookman stated he did not have any material or financial interest but excused himself from the meeting because of a possible conflict of interest in order that there be no question. 82S106 In Matoaca Magisterial District, P.E.Y. CONSTRUCTION CO., INC. requested rezoning from Agricultural (A) to Residential (R-9) of a 9.45 acre parcel, which lies approximately 430 feet off the southwest line of Genito Road, measured from a point approximately 400 feet northwest of its intersection with Rollingway Road. Tax Map 63-3 (1) Parcel 27 (Sheet 21). Mr. Balderson stated that the Planning Con~ission had recommended approval of this request. The applicant's representative was present. There was no opposition. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request. Ayes: Mr. Robertson, Mr. Dodd, Mr. Daniel and Mrs. Girone. Absent: Mr. Bookman. 82S107 In Midlothian Magisterial District, MIDLOTHIAN ENTERPRISES, INC. requested rezoning from Agricultural (A) to Residential (R-15) of a 103 acre parcel fronting approximately 1,950 feet on Genito Road, also fronting approximately 1,600 feet on Otterdale Road, and located southwest of the lntersection of these roads. Tax Map 46-1 (1) Parcel 9 (Sheet 12). Mr. Balderson stated the Planning Commission had recommended approval of this request. There was no opposition present. Mr. 83-052 Jim Hayes of J. K. Timmons was present representing the applicant. On motion of Mrs. Girone, seconded by Mr. Dodd~ the Board approved this request. Ayes: Mr. Robertson, Mr. Dodd, Mr. Daniel and Mrs. Girone. Absent: ~. Bookman. Mr. Bookman returned to the meeting. 82Slll In Bermuda Magisterial District, VIRGINIA ELECTRIC AND POWER COMPANY requested a Conditional Use Planned Development to permit a 250 foot microwave tower in a Heavy Industrial (M-3) District on a 2.55 acre parcel, which lies approximatelv 2,200 feet north of the intersection of Coxendale and Old Stage Roads. Tax Map 99-6 (1) Part of Parcel 1 (Sheet 33). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Two gentlemen were present representing the application. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: The below stated conditions notwithstanding, the master plan prepared by Vepco & Engineering, dated 8/24/82, shall be considered the master plan. The tower to be erected shall not exceed a height of 250 feet. In conjunction with the granting of this request, the Planning Commission shall grant schematic approval of the master plan. Vote: Unanimous Mr. Daniel excused himself from the meeting for a possible conflict of interest as indicated earlier in the meeting in that an affiliate of the applicant is a client of his wife in her personal accounting business. Mr. Dodd excused himself from the meeting for a possible conflict of interest because of his involvement in the mobile home industry. Mr. Bookman requested a five minute recess in order that he might obtain a opinion from the Co~[~onwealth's Attorney regarding this matter as to whether it was a conflict of interest for him. It was generally agreed the Board would recess for five minutes. Reconvening: Mr. Bookman excused himself from the meeting stating that he did not feel he had a conflict of interest in the following matter but would leave just to prevent any question in the future. He stated his son bid on a project for the applicant within the last 30 days but he was not certain of the outcome. Mr. Bookman left declaring a possible conflict of interest for reasons indicated.. 83'053 Mr. Hod. ge indicated that the Commonwealth's Attorney and County Attorney had ruled that the two remaining members of the Board, Mr. Robertson and Mrs. Girone~ could consider the following request. 82Sl13 In Matoaca Magisterial District, LANCO CORPORATION requested a Conditional Use Planned Development to permit use and bulk exceptions to the requirements of the Zoning Ordinance in a Community Business (B-2) District on a .8 acre parcel, fronting approximately 230 feet on Jefferson Davis Highway, also fronting approximately 150 feet on Pine Forest Drive, and located in the southeast quadrant of the intersection of these roads. Tax Map 163-7 (3) Kovac Acres, Lots 1-9 (Sheet 49). Mr. Balderson stated that this request had been forwarded to the Board with a tJ~e vote with three in favor and three opposed. Mr. Jeff Collins was present representing the applicant and stated the conditions as indicated in the staff report were acceptable. He stated further that there were some concerns regarding drainage and that the applicant had agreed that prior to the release of any building permits, drainage plans would be submitted to Environmental Engineering for approval showing use of on site retention with a release rate no greater than what exists. He stated they will design a retention basin which would in fact, eliminate some of the drainage which exists now. He stated that a single access is planned from Pine Forest Drive and none intended to Kovac Street. He stated that two units will be models, one being an office, and there will be mobile homes stored for sale with a parkin9 area. Mr. Robertson stated he was concerned about the congestion in the area in the morning and evenings with the Millside Subdivision, IPK Company and the Highway Department. Mr. Balderson stated that the area is already zoned commercial so anything approved for B-2 could be placed there as well as B-1 and Office use, without additional approval. Mrs. Blanche Griffin, a resident of Pine Forest Drive, was present and stated she felt the Board should deny the request as would have been the recommendation of the Planning Commission, had Mr. Daniel not voted. She stated that Mr. Parrish and his wife, who is an invalid, live adjacent to this property and this approval would be a hardship on them. She added that the home displayed by staff indicating the condition of this home should not be completely taken at face value as Mr. Parrish does hold two jobs and this home should not be pointed out as an eye sore. She presented pictures indicating the recessed condition of the property, the stand~.ng wa%er which is there constantly, etc. She stated that she and other property owners have lived in the area for 14-20+ years. She state~ that this property was originally intented for lots 1-9 of Kovac Acres and it should remain residential and she was not aware that it was zoned business. She stated that a lot of filling would be needed on this property, that it would cause a problem on the Parrish home as well as eventually harming other homes, a lot of expensive piping and improvements had been made~ etc. She stated this is a dead end street, their property values would decrease and they are already concerned with the transient business in the area. She stated also that there was a rumor that a mobile home park was planned for behind their homes and they would be using Pine Forest Drive for access. Mr. Balderson stated that it was zoned for mobile home subdivision 10 years ago and they were to use Pine Forest Drive for access. She stated five of the six property owners were present to oppose this request. Mrs. Nell Fisher, a resident of 20 years, and her mother, a resident of 26 years, were opposed. 83-054 ~'~r. C(~lins stated that this property is currently zoned commercial which means a higher 'traffic generator could be placed there but they are trying to control it through the conditional use. He stated the Kovac Subdivision is old but that this property was zoned commercial in the 1960's as is all of Jefferson Davis. He stated the lot to the east would have to be filled but on-site retention would insure no additional run off in the area and the drainage situation would be probably better with this development. He added the mobile home subdivision is actually under construction at this time behind this area. Mrs. Girone stated that if this were straight zoning it would be B-3 which permits outside storage. She stated that now as it is, there could be a store placed there with no outside storage. Mr. Balderson explained the difference between straight zoning and a conditional use planned development. Mrs. Girone stated she felt this is one step beyond what is suitable for the area as there will be units stored and a lot of outside activity rather than activity restricted to the inside of another structure. Mr. Robertson inquired if this request were a more liberal zoning than exists. Mrs. Girone stated that she felt they are requesting a more liberal zoning, that a more restrictive zoning is there at this time. After further discussion it was on motion of Mr. Robertson, seconded by Mrs. Girone, resolved that this request be denied. Ayes: Mr. Robertson and Mrs. Girone. Absent: Mr. Dodd, Mr. Bookman and Mr. Daniel. Mr. Dodd, Mr. Bookman and Mr. Daniel return to the meeting. 81S097 (Amended) In Bermuda Magisterial District, PHILIP S. PERDUE requested rezoning from Agricultural (A) to Residential Townhouse-For-Sale (R-TH) of 28.8 acres and to Residential (R-9) of 45.5 acres with a Conditional Use Planned Development encompassing the entire 74.3 acre tract. This property lies at the southern terminus of Eagle Lane and at the northern terminus of Bragaw Drive and includes all property between these two terminuses. Tax Map 97-6 (1) Parcel 4 (Sheet 32). Mr. Balderson stated the Planning Commission had recommended denial of this request but since that time, the applicant has submitted a tentative subdivision plan which shows single family conventional subdivision development for the entire tract. He stated that the applicant has proposed that 13.2 acres would be Residential R-12 zoning and the remaining 61.1 acres would be zoned Residential R-9. He stated the applicant has Dot officially submitted this amendment but forwarded this proposal to show that it could be developed as indicated and the Board could approve this as an alternate plan. Mr. Bookman excused himself from the meeting due to a possible conflict of interest as his son hsd accompli.shed some work in Densewood Hills which is adjacent to this property. Mr. Oliver Rudy, was present representing the applicant. He stated this revised plan is compatible with other property in the area. He stated this plan would buffer the western line of the property. He stated the Planning Co~nission had some concerns about the right-of-way but that becomes a subdivision problem which is dealt with separately. He stated that the recommendations regarding feeder roads, etc. are unrealistic as no plans like this exist for Chester o~ anywhere in the County. Mrs. Phylis Parrott was present in her capacity as President of the Chesterbrook Farms Civic Association as well as representing property owners on DeLavial Street who are in opposition to this 83-055 project. She stated they were concerned with the increased traffic on a narrow road and with orderly growth insuring that subdivision streets do not become traffic hazards, they are concerned about an emergency situation which could occur if a train were blocking the entrance to the complex and with the severe traffic problem at the Eagle Lane entrance during peak hour traffic if trains were coming through. She stated this traffic would jeopardize the safety of their children. She stated these were her prepared comments before hearing of the revised plan. She stated she did not have any way of knowing how the revised plan will affect the area. Mr. Paul Jenkins, owner of 33 acres in the general area and resident for 33 years, was present. He stated he was opposed to the townhouse apartments and R-9..He stated there was enough R-9 there now. He stated another gentlemen owns 200 acres with a cabin and wildlife and he felt this would be detrimental to him and to the County should this development be approved. He stated Eagle Lane will not solve the traffic problem to Centralia Road. He stated at the end of Hopkins and Centralia Roads they have tried unsuccessfully to obtain a blinking light/stop light as there has been one fatality and the intersection averages one accident a week. He stated that if there were a train with a chemical spill, there would only be one outlet and those people would not be able to leave. He stated Vepco also has a high voltage line running through the middle of the property. He requested denial of the request. Mr. Harold Taylor was present and stated he owned property to the north and he echoed the sentiments of the people earlier. He stated he was primarily concerned with the status of Eagle Lane, a 30 ft. wide road and 700 ft. long, as it has not been improved to State standards. He stated he felt Mr. Perdue should dedicate 20 ft. to improve the road in the future. He stated he did not feel Bragaw Road would be a sufficient access until Mr. Perdue decided he might need Eagle Lane for an additional access. He stated he had owned his property for 10 years and had considered developing this but have not been able to do so because of the lack of right-of-way. He stated this dedication should be part of any requirements if this is approved. Mr. Balderson stated that only 50 units could be constructed before a second access is required. Mr. Tsylor stated this condition was placed on him several years ago when he applied to develop his property. Mr. Rudy stated that everyone is awa~e of the traffic situation but all are part of the traffic problem. He stated some of the other problems can be addressed through zoning but some cannot. He stated that the Vepco line and the chemical spills, etc. are speculative concerns. He stated a deed of dedication regarding Eagle Lane has been drawn and sent to Mr. Taylor which he has yet ~o sign. He stated the r~ght-of-w~y will be dedicated for the 30 ft. road and the 20 ft. strip by Mr. Perdue, but others he cannot control. He stated he felt the use as originally requested, was compatible but that he would go with straight R-9 and R-12. Mr. Dodd inquired how much of the area was flood plain. Mr. Balderson stated about 15-20% of the total acreage is in the flood plain. Mr. Taylor stated that the deed is drawn requesting the entire 20 ft. from him but he felt the person owning the property across the street should also doDate half and he would be happy to donate half, as his proper~y is w~ry shallow. Mr. McCracken with the Virginia Department of Highways and Transportation was present. He stated the Department was concerned about a master plan for a road network which will have a substantial amount of traffic and will not be desirable for the intersection of Eagle Lane and they would rather see a plan as laid out in the staff report. Mr. Dodd stated that would be addressed in subdivision approval and added Route 288 would also help the traffic situation in Chester. 83-056 M~. Dodd stated that all have worked long and hard on this case and the applicant has responded to the wishes of the people by changing the original request of townhouses and R-9 to Residential R-9 and R-12. He stated there is always a problem of zoning near a railroad, but there is a large portion which is in the flood plain and wi].] act as a natural buffer. He stated the access situation has to be addressed in the subdivision process. He stated Mr. Perdue cannot address his road work across the flood plain, his sewer and water plans, etc. until the second access is determined. He stated those items are not before this Board but just the proper use of the land. On motion of Mr. Dodd, seconded by Mr. Robertson, the Board approved the rezoning of 61.1 acres to Residential R-9 and 13.2 acres to Residential R-12. Ayes: Mr. Robertson, Mr. Dodd, Mr. Daniel and Mrs. Girone. Absent: Mr. Bookman. Mr. Daniel stated he did vote in favor of this although he did not at the Planning Commission meeting but this revised application is entirely different. He stated when this comes before the Planning Commission for subdivision approval, he pledged that he would address the questions and concerns mentioned in the best interest of the public. Mr. Bookman returned to -the meeting. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adjourned at 3:30 p.m. until 10:00 a.m. on February 9, 1983. Vote: Unanimous County Administrator 83-057