Loading...
09-28-1983 MinutesBOAI.ID OF "'n',', MiNiTTES September 28, 1983 rs in Attendance: J. Rovall Robertson, Chairmsn R. Garland Dodd, Vice Chairman C. L. Bookman Harry G. Daniel · Joan Girone . Richard L. Hedrick Administrator Staff in Attendance: Mr. Stan]ey Balderson, Dir. of P~anning Mr. N. E. Carmichael, Commissioner of Revenue Mr. Elmer }lodge, Asst. County Administrator Mr. Robert Masden, Dir. of Human Services Mr. Richard McElfish, Env. Engineer Hr. Steve Micas, County Attorney Mr. Jeffrey Muzzy, Dir. of Community Develop· Mr. David Welchons, Dir. of Utilities Robertson called t. he meeting to order ah the Courthouse at t0:05 a.m. (EDST). Dodd gave the invocation. 2 COUNTY ADMINISTt~kTOR'S cn~.~:,~,~¢? · Hedrick introduced Ms. Cindy Ripley and Ms. Venita Peyton of ield Cablevision, Inc. who were present filming the ~. He also introduced Ms. Carmen English with Channel 12 has been assigned to Chesterfield County replacing Ms. Sabrina Squire. - . Hedrick iptroduced Dr. A. R. Martin, former Midlothian t Supervisor, who was in attendance at the meeting. APPROVAL OF MINUTES motion of Mrs. Girone, seconded by Mr. Dodd, the Board the minutes of September 14, 1983, as amended. : Unanimous 2. COUNTY ADMINISTRATOR'S C MHENTS · Hedrick stated the County bad received a request from the r's Office regarding United Nations Day. Mr. Hodge stated lett. er requested the County to participate in the upcoming United Nations Day hv ~doptinq a resolution and appointing a to represent the County. He stated on October 24th, across the nation and around the world will participate in community progra:ns, seminars, festivals, etc. designed to con%memorate the founding of the United Nations in 1945. He stated the theme is "A Time to Lead: Mandate for Action" and the issues include world cor~unication, racial discrimination US participation in the United Nations. He stated the President of the United States hss appointed Mr. William inghaus, President of American Telephone and Telegraph, as the ~1 Chairman for this Program· 83-498 Mr. Dodd stated this action mi~h~2 be very positive and anything that he might say might be considered a negative approach but he did not have any great support for the United States participating in the United ~ations especially with the sham that is going on now with regard to the shooting down of the Korean Airlines. He requested that the Board defer indefinitely the consideration of this resolution. Mr. Daniel stated that he felt a lot of Americans may share Mr. Dodd's frustration but on the other h~nd, there are basic principals that have been set forth by men of good faith working in the United Nations and they should have the opportunity to work for those common goals even in a time such as this. He stated he felt the positive approach would be for the County to be on record supporting those goals realizing the difficult situations our leaders are being Dlaced in. Mr. Robertson stated that although things have not been accomplished as we would have liked, it was our patriotic duty to support our Country in its particiDation in the United Nations. Mr. Bookman stated that while all may not feel the body of the United Nations is doing what we would like to see, we should take a position opposing or approving this attempt to work things out for the Country. He stated he felt this Board should support this resolution as requested by the Governor. ~s. Girone stated that we all have various expectations of the United Nations but it is here in our Country and does serve as a meeting place. She stated some people might consider it similar to the Richmond Regional Planning District Commission because they wonder about its effectiveness. She stated there are differences in the region but it is helpful to meet and talk over problems. She stated that all have varying oDinions of the United Nations' effectiveness, but it does serve a useful purDose as a meeting ground for discussion. She stated when the Governor asks the counties of the Commonwealth to participate, we should honor his request. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board adopted the following resolution: Whereas, United Nations Day is designated by the UN General Assembly each year to commemorate the founding of the Organization on October 24, 1945; and Whereas, on this occasion, the Chesterfield County Board of Supervisors joins with the peoples of the world in reaffirming their commitment to the principles upon which the UN was founded: international peace and security, respect for human riqhts, and the promotion of social and economic cooperation among nations; and Whereas, since the UN was founded 38 years ago, the world has changed dramatically, with the addition of more than 100 nations to its membership. In this global community, it is clear that the power to solve the world's problems no longer lies solely in the hands of a few nations. Instead, all nations must work together to relieve the suffering of millions, to halt nuclear proliferation, and to promote economic development; and Whereas, Americans have made a great contribution to the creation and continuing work of the United Nations. And as a part of our foreign policy, the UN is a channel through which the U.S. can take productive action fcr world peace and prosperity. ContiDued supDort for the United Nations can advance constructive goals that will benefit both the United States and the world. Now, Therefore, the Chesterfield County Board of Supervisors resolves that Monday, October 24, 1983, is United Nations Day and 83-499 urges all citizens to participate in programs and activities designed to increase understanding of the problems and potential of the UN and to develop ideas on ways to make the United Nations more effective. Ayes: Nays: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Gironeo Mr. Dodd. On motion of Mr. Daniel, seconded bv Mr. Dodd, the Board appointed Mr. J. Royall Robertson, hs the County's Chairman of the United Nations Day activities. · Vote: Unanimous Mrs. Girone stated that the Bon Air Business'Council requested that she attend a luncheon meeting today regarding County matters, and she would be leaving at 11:30 a.m. and returning at 2:00 p.m. for the afternoon session. 3. RESOLUTIONS CONFIrmING ACTION OF INDUSTRIAL AUTHORITY 3.A. INDUSTRIAL MACHINE MANUFACTURING CO., INC. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board adopted the following resolution: Whereas, the Industrial Development Authority of the County of Chesterfield (the Authority) has considered the application of Industrial Machine Manufacturing Co., Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $400,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a manufacturing facility (the Facility) to be located at Chesterfield Air Park Industrial Park in Chesterfield County, Virginia, and has held a public hearing thereon on September 14, 1983; and Whereas, the Authority has requested the Board of Supervisors (the Board) of Chesterfield County, Virginia (the County) to approve the issuance of the Bonds to comply with Section 103 (k) of the Internal Revenue Code of 1954 as amended; and ' Whereas, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board of Supervisors. Be It Resolved By The Board Of Supervisors Of The County Of Chesterfield: 1. The Board of Supervisors of Chesterfield County, Virginia, approves the issuance of the Bonds by the Industrial Development Authority of the County of Chesterfield for the benefit of Industrial Machine Manufacturing Co., Inc. to the extent required by Section 103 (k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103 (k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or the credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 83-500 3. This resolution shall take effect in~,ediately upon its adoption. Vote: Unanimous 3.B. REALTY INDUSTRIES, INC. Mr. Bookman stated his support for the issuance of the bonds for the proposed project for %he elderly by Realty Industries which is in Clover Hill District. ~" On motion of Mr. Bookman, seconded by Mr. Daniel, the Board adopted the following resolution: Whereas, the Industrial Development Authority of the County of Chesterfield (the Authority) has considered the application of Realty Industries, Incorporated, or a limited partnership to be formed by the principals of the Company (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $4,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of an apartment project for the elderly (the Facility) to be located near Market Square in Brandermill, Chesterfield County, Virginia, and has held a public hearing thereon on August 18, 1983; and Whereas, the Authority has requested the Board of Supervisors (the Board) of Chesterfield County, Virginia (the County) to approve the issuance of the Bonds to comply with Section 103 (k) of the Internal Revenue Code of 1954, as amended; and Whereas, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be a~reed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board of Supervisors. Be it Resolved By The Board Of Supervisors Of Chesterfield County, Virginia: 1. The Board of Supervisors of Chesterfield County, Virginia, approves the issuance of the Bonds by the Industrial Development Authority'of Chesterfield County for the benefit of the Company, to the extent required by Section 103 (k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103 (k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. Vote: Unanimous 4. AUTHORITY OF CHANGE ORDERS ON CONSTRUCTION PROJECTS On motion of Mrs. Girone, seconded by Mr. Bookman, the May 27, 1981 action of the Board relating to approval of change orders is amended to read as follows: 83-501 Authorized all application fees for County projects to be waived. Permits and approvals (i.e., building, zoning, erosion control, etc.) will still be required but fees will be waived on overall rather than on individual basis. (3.6.2.) Authorized the County Administrator to approve change orders on construction projects in an amount not to exceed $10,000. Change orders exceeding the $10,000 limit will require prior Board approval. All change orders approved will be reported to the Board. (4.3.11 & 4.4.12) ~ Vote: Unanimous 5. SET PUBLIC HEARING DATE RELATING TO BUSINESS LICENSE TAXES Mr. Micas stated this involves the refund of business license taxes paid in advance by businesses that either go out of business or relocate outside the County. He stated the existing law provides that businesses pay in advance for the upcoming year and if they were to go out of busir]ess during that year, there would be no refund. He stated under the new State law the County is obligated to refund that portion of the year for which they do not operate in the County if they make an application for a refund. Mrs. GirOne stated there was a concern about a category of activity or so-called business which is falling under the present ordinance. She inquired if it would be appropriate to include that category in the public hearing which involves piano teachers. Mr. Daniel stated it should be addressed at the same time and should also included the arts or anything that is tutored in the home. He stated what has happened, is that if a lists this as income on their tax return it is later up as a business and notification is made that this person did not pay their business license tax in Chesterfield. Mr. Micas stated an amendment to %he existing ordinance can be prepared to that effect. Mr. Carmichael stated that when considering that matter, something else which needs to be addressed is that once they use the instruments such as a piano in that business, it looses it status as household furniture and fixtures and becomes business )ersonal property and would be taxed as such. Mrs. Girone stated all of this can be discussed at the public hearing in detail. Mr. Daniel stated that this does not mean that a decision has been made, only that all these types of issues should be discussed in their entirety. Mr. Bookman inquired if the personal property of this equipment should be included. Mr. Carmichael stated that if you exclude these activities from business license taxes then they would not have to be included as business furniture and fixtures. Mrs. Girone stated the entire matter should be discussed in public as these tutors did not feel they were made aware of what was going to be included in the public hearing in 1982 and they would like the opportunity to speak to the Board about the issues. Mr. Carmichael stated that this particular section deals specifically with businesses going out of business and requesting a refund. He stated this law was adopted by %he General Assembly effective July 1, 1983 and the County must prorate business licenses if a business ceases to exist and if they make application. He stated he felt it hard to justify a person going out of business on July 1,' 1983 receiving a refund for six months of his business license and the man going out of business on June 1, 1983 not qualifying when they were in business the same time. 83-502 He stated he would like to see 'this ordinance amended to include the entire taxable year 1983 rather than only from July 1, 1983. Mr. Dodd inquired how much money would be involved in the refunding. Mr. Carmichael stated it would be hard to determine but he had only had two or three such requests for the entire year. Mr. Hedrick stated he felt what initiated this was when businesses left one jurisdiction to go to another and were having to pay the business license tax in both. He stated he felt Chesterfield had more businesses coming in rather than leaving. Mr. Carmichael stated he felt the economic conditions in the area on small businesses would affect the number of refunds and this would be hard to determine for the future. Mrs. Girone requested that all information be provided to the Board initially which would include what Henrico and Richmond do regarding the music teachers, what conditions are placed on these types of activities, etc. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board set the date of October 26, 1983 at 10:00 a.m. to consider an ordinance amending Section 12-26 relating to business license taxes. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board set the date of October 26, 1983 at 10:00 a.m. to consider an ordinance amending Sections 12-39 and 12-49 relating to business license taxes and providing for a penalty. Vote: Unanimous 6. COM~JNITY DEVELOPMENT ITEMS 6.A. RECREATIONAL ACCESS FUNDING FOR COURTHOUSE ROAD EXTENDED Mr. Hedrick stated the discussion of recreational access funding for Courthouse Road extended had been placed on the agenda at the request of Mr. Daniel. Mr. Balderson stated that this project is estimated to cost more than $250,000 and some of that work could be supplemented by County forces. He stated that if the Board approves the resolution for recreational access funds, the money would not be available until 1984, if the County were successful in receiving the funding. He stated the need has been assessed by the Parks and Recreation Department which indicates the use of the facilities at the two schools is second only to Rockwood Park for recreational use. Mr. Dani. el inquired if the County or some other financial entity could loan money to have the road constructed now and still apply for the recreational funding later. Mr. Hedrick stated that this could not be accomplished. Mr. Bookman stated he thought the County had borrowed money in anticipation of funding. Mr. Hedrick stated the different grant applications have specific sets of criteria. He stated this grant would involve the State accomplishing the bidding, design, etc. and because of that, we would not be able to build it and then apply for the funds to be reimbursed. He stated the County did not have a problem with the possibility of borrowing the funds but the grant procedures do not allow it. Mr. Daniel stated that if the County were to spend its money on this project, we would never have the opportunity to get money from the State to offset the $200,000. Mr. Hedrick stated that was correct. Mrs. Girone stated she would like to know if there were a list of projects pending for the use of this money for other recreational access needs. Mr. Balderson stated that these funds are not for anything that is scheduled at this time, but is money for 1984-85. Mr. Daniel stated, according to staff, there 83-503 is nothing on the books for 1984-85. He stated that Mr. Bookman had on several occasions r~quested funding of the project out of earned surplus and inquired iif the financial staff could give a recommendation on the impact if these funds were used. Mr. Bookman stated when this project was brought to the Board and after being analyzed by staff, indications were that it would be a $30,000 savings to the people and the County. He stated he felt this was a top priority not only in savings but also to mov~ the traffic into the Courthouse area bv going northward. He stated he could support unappropriated funds because the price will not be any cheaper. Mr. Daniel stated he felt this ~.s a County-wide project as the County facilities will be improved an~ inquired whether the County should wait to see if the funds were approved or appropriate funds from the surplus at this time. Mr Bookman stated that the County would not earn as much interest off the money discussed as would be saved by doing the project now. Mr. Balderson stated one project anticipated for next year which could qualify for the same funds would be Phase II of Dale Park. Mr. Daniel stated the Phase I is not completed and he would not even entertain discussions for Phase II as there has not even been a bulldozer on the property yet. Mr. Dodd stated he has heard about this road for seven years and there is no question that it is needed but we never had the extr~ $150,000 %0 build the road. He stated he could not believe for the lack of waiting one year, that we will consider using local money when we can use Sta~e money. He stated waiting one year could save the County $200,000. Mr. Bookman stated staff brought this issue to the Board one or two years ago and the cost was in the approximate range of $300,000-$500,000 at that time. He stated that in the last year the Utilities Dept., Animal Control another school, etc. had located in this area and he felt the circumstances needed relief. He stated that the economy is moving forward and he felt we would see increased inflation. He stated a year ago, the contractors were looking for work just to run their equipment and it would have been a lot cheaper. He stated we would not be borrowin~ money and the State funds probably would fund other projects which would qualify. Mr. Dod( stated his concern for Krause Road, however, he felt if the County waited seven years, one more year would not be critical. Mrs. Girone stated that if we wait until July 1, 1984 and are granted the funds, then the County would have to contribute approximately $50,000. She stated there is extensive drainage work that has to be done that our forces have not had time to do, that they should complete this between now and next June or July and that we apply for the money through the State if it does not affect any other application we have pending. She stated we would not have that much time %o get the road installed as the drainage and construction work would take us up to the summer anyway. She stated she felt the best part of wisdom would be to apply for the funds from the S~ate, contribute the $50,000 from the County, have Environmental Engineering work over the winter as they can to get the drainage done and not disturb the unappropriated surplus or the contingency. She stated the contingency only has $240,000. Mr. Bookman stated the Board should stop playing with the project as staff has been instructed to do the necessary drainage improvements when they can and this will be about another year or two. He stated either it is a worthwhile project or it isn't. He stated the interest on the $250,000 will not offset the inflation to build the road. 83-504 Mr. Robertson stated he felt t~his was a critical situation with all the vehicles and children located at the end of the road. He stated that we should apply for State funds and if unsuccessful, look to another source. Mrs. Girone inquired what the time frame would be for construction if the Board put the money up today. Mr. Balderson stated it could be constructed as early as Spring of 1984 and if we wait for State funds, it would be ready probably by Spring of 1985. Mrs. Girone stated she would like to hear from Mr. }!ester or Mr. Masden regarding any other projects that could quality for these same State funds to be sure there are no conflicts. Mr. Masden stated Phase II of Dale Park was another project being considered. Mrs. Girone stated ~:hat this could actually delay the Dale Park project as the access is the first thing to be constructed. Mr. Daniel stated the access is provided now although not paved and he felt Courthouse Road extended is higher in priority than the Phase II of the Park. Mr. Bookman stated this situation violates every ordinance we have in the County and this demands our attention now. Mrs. Girone inquired when the answer would come on funding. Mr. Masden stated we should know in the Spring. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board adopted · the following resolution: Whereas, the Bird Athletic Complex and Elementary School are owned by the County of Chesterfield for the residents of Chesterfield County; and Whereas, the facility is in need of adequate access to the north and west via Courthouse Road extended from Route 10 to O. B. Gates Elementary School; and Whereas, the procedure governing the allocation of recreational access funds as set forth in Section 33-136.3, Code of Virginia, 1950, as amended, requires joint action by the Commission of Outdoor Recreation and the Highway Commission; and Whereas, a statement of poiic¥ agreed upon between the said Commissions approved the use of such funds for the construction of access roads to publicly-owned recreational areas or historical sites; and Whereas, the Board of Supervisors of Chesterfield County has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et. seq.), Chapter II, Title 15.1; and Whereas, it appears to the Board that all requirements of the law have been met to permit the Commission of Outdoor Recreation to designate the Bird Athletic Complex as a recreational facility and further permits the Virginia Highway Commission to provide funds for access to this public recreation area in accordance with Section 33-135.13, Code of Virginia, 1950, as amended. Now, Therefore, Be It Resolved, that the Board of Supervisors of Chesterfield County hereby requests the Commission of Outdoor Recreation to recommend to the State Highway Commission that the maximum available recreational access funds be allocated for improved access to serve the Bird Athletic Complex by construction of Courthouse Road extended from Route 10 to O.B. Gates Elementary School. Ayes: Nays: Mr. Robertson, Mr. Dodd, Mr. Daniel and Mrs. Girone. Mr. Bookman. He stated he is not voting against the project but because he felt the Board was playing with a known priority and construction time could be improved 83-505 but we are waiting on a hope that we can get funds from the State. Mrs. Girone inquired if anyone had a feeling if this application would be successful. Mr. Balderson stated there were no guarantees. Mr. Daniel stated staff informed him that 1,700 people per peak day utilize these facilities. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board earmarked $250,000 from the Unappropriated Surplus as an option should the Recreational Access application not be approved for the Courthouse Road extended project and that the project shall begin in the Spring at time of notification by the State that the grant was approved or from the Unappropriated Surplus if ii were denied by the State. Ayes: Nays: Mr. Robertson, Mr. Dodd, Mr. Daniel and Mrs. Girone. Mr. Bookman for same reason as stated previously. Mr. Dodd inquired if funds were necessary to do the drainage work. Mr. Daniel stated that was done several months ago when the Board told staff to do the work and if anything else were needed to come back to the Board. Mr. Hedrick stated part of the reason the cost estimate is lower than it was is because of staff work already completed but he would check to see if it could be accomplished faster. Mr. Bookman stated a year ago he knew of an individual who indicated the estimate was less that $200,000, and if we keep playing with it, it is going to get beyond reality. He stated a year a~o we were also discussing the School Board contributing some bond funds to this. Mr. Hedrick stated ~hat this had been seriously reviewed with bond counsel and it was their official opinion that this could not be done. 6.B. ACCESS TO NEW MIDLOTHIAN HiGH SCHOOL Mr. Balderson stated staff had reviewed two options for the access to the new Midlothian High School and securing the right-of-way is the best of the two options. Mrs. Girone stated she had a petition from several citizens who were also concerned with the condition of Le Gordon Drive and she asked that this be included in the papers of the Board. She stated that Le Gordon will be improved by having the ditches moved back, the shoulders widened and the surface improved which is planned for next spring. She stated this plan is %he safest way to get to the new high school. She stated the developer, as everyone knows, has donated the high school site which is valued at over $1,000,000 and has given the right-of-way for this road. She stated if not for the recession the developer's would ]]ave built the road but his development is not underway. She stated we are asking for the design of just two lanes of the proposed four lane road as far as the high school and will be using the Midlothian Revenue sharing funds to pay for the construction. She stated this is just the first step in getting the design work completed. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board transferred $12,000 from the Contingency Fund to the Midlothian High School access design project and authorized the County Administrator to enter into a contract in the amount of $12,000 with Youngblood, Tyler and Associates to design the project. Mr. John Smith stated that this item disturbed him as it was on the agenda last meeting, was withdrawn with no indication it would be back on today. Mrs. Girone stated that the matter was deferred specifically to this date. Mr. Smith stated he was disturbed about the discussion he has heard on this matter in 83-506 that Le Gordon goes within less than 400 ft. of the existing paved road at the high school, the Highway Dept. owns right of way on Le Gordon, etc. He stated Route 60 is the only north-south road in Midlothian from Courthouse Road to Powhatan County. He stated it has already been determined to request the Highway Department to survey this intersection for a traffic light, he questioned the number of turns and the dead ending of another school entrance, etc. He stated he felt there was no justification for the plan and he felt the Highway Dept. who did the plan did not realize what property exists there. He stated this property is known as Charter Colony and in its. zoning, the developer proffered to do certain things and he said the County has already spent money which the developer agreed to spend. He stated he questions the data on which the recommendations were made. Mrs. Girone assured the Board that all the questions have been thoroughly investigated. A vote being taken: Vote: Unanimous 6.C. TRANSFER OF RURAL ADDITION FUNDS Mr. Balderson stated the Osborne/Wilton Road project met with some problems in that the right-of-way could not be easily acquired for the project from the people in the area. He stated that it is requested that the funds for this project be shifted to the Oaklawn Street project, both of which projects are in Bermuda District. Mr. Dodd inquired how this would improve the time frame on Oaklawn Street. Mr. Balderson stated it would move it up several years. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board transferred the $93,800 from the Osborne/Wilton Revenue Sharing Project to the Oaklawn Street Rural Addition Project. Vote: Unanimous 6.D. PLANNING REVIEW Mr. Muzzy stated some questions have been raised regarding the appropriate nature of planning in the County, where we should be going, the role of the Planning staff, etc. He stated this matter has been discussed with individual supervisors and the assembled information will be included in a detailed presentation. He requested the Board to set a work session to review this presentation. Mr. Bookman stated if he were %he only one against some of the practices, there may be no need for a work session. Mr. Dodd s~a~ed that anytime two groups meet to communicate, he felt it was helpful and he felt the Board should meet with the Planning Commission for general discussion. Mrs. Girone stated she would like to have the Planning Commission and the Board consider the concept of two Commissions, a zoning commission and a long-range planning commission. She stated that this could operate similar to that in Charlotte. She stated it could be a small citizen commission that might meet only six times a year to address long term planning needs of the County and then a monthly meeting of a planning commission to deal with the zoning as it applies to the plan that has been developed by the long term planning board. She stated she felt this would become necessary in the near future. She stated there are a lot of long term planning issues that are coming from all over the County and she did not believe that the Planning Commission as it is now constituted and with the existing workload, have the time to focus on both issues. She stated she felt the Board should have a meeting with the staff to discuss these issues and then have a meeting with the Planning Commission. Mr. Daniel stated that the Planning Commission had met last night and had a discussion regarding the rules as well as their workload. He stated before the meeting, an arbitrary time of 11:00 p.m. was set to end the meeting and any case that was not 83-507 heard, would be heard one week later. He stated the reason for the meeting being set for the next week was not to delay any person who was attempting to meet a schedule. He stated he would like to have a report prepared on what the staff's findings were from the interviews of the Board members before a work session is held as well as an opportunity to review it. It was generally agreed by the Board that the staff would prepare a report, submit it to the Board and then a decision would be made as to when a work session should be held. 6.Eo STORM SEWER AGREEMENT WITH SOUTHPORT RETAIL ASSOCIATES Mr. McElfish stated this involved a proposed shopping center with a Hardees and for water to drain from the Hardees site, the water must pass underneath a portion of another proposed building at the shopping center. He stated the developer has proposed a storm sewer system under the buildiDg which has been designed to adequately handle the Hardees runoff and protect the proposed building on a 100 year storm. Mr. Bookman stated that his son, in his private business, is dealing with a Hardees in another location but not involved here but they are a major corporation and inquired if there could be any conflict. Mr. Micas stated he did not think it was as he did no% feel Bookman Construction would have any financial interest in this transaction or project and that it does not appear to be a conflict. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved and authorized the Chairman to execute on behalf of the County a storm sewer agreement between the County and Southport Retail Associates. Vote: Unanimous 6.F. SETTLEMENT CLAIM AGAINST MERCER FAW, INC. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board accepted the payment in the amount of $3,212.87 which includes $25.00 in court costs as full settlement of the claim against Mercer Faw, Random Woods Subdivision, and authorized the County Administrator to execute the release on behalf of the County. Vote: Unanimous 7. CONSENT ITEMS 7.A. BINGO PERMIT On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved a bingo/raffle permit for the Dale Youth Soccer Club for calendar year 1983. Vote: Unanimous 7.B. RECOMMENDED POLICE OFFICERS Mr. Daniel stated that he was impressed with the written qualifications of the people recommended for appointment as police officers. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board respectfully requests the Circuit Court Judges to appoint the following individuals as police officers for Chesterfield County effective October 17, 1983: William R. Crowder Glen Darryl Pike Curtis Corvin Tanner Robert Clayton Pridemore Doris Hancock Woolard James Edwin Campbell Richard Anthony Mormando Gary Lee Sims Vote: Unanimous 7.C. SEWER LATERAL TO SERVE DAVENPORT REFRIGERATION On motion of Mr. Daniel, seconded by Mr. Dodd, the Board: 83-508 e Appropriated $2,350 from the Industrial Park Reserve Account (111-1-00880-0000) 'to pay for the sewer connection to Davenport Refrigeration. Authorized the Department of Environmental Engineering to pay William M. Harmon Contractors $2,350 for the sewer connection. Vote: Unanimous 7oDo VEPCO EASEMENT AGREEMENT - WHITE BARK TERRACE On motion of Mr. Daniel, seconded by Mr. Dodd, the Board: Authorized the County Administrator to enter into an agreement with Vepco for the dedication of an easement 7.5 feet wide by 350 feet long. Authorized Vepco to extend service to Strahan Ink and Lacquer in an amount not to exceed $3,773. e Authorized the bill to be paid from the Industrial Park Reserve Account (111-1-00880-0000). Vote: Unanimous 8. UTILITIES DEPARTMENT 8.A. SEWER AND WATER FINANCIAL STATUS Mr. Welchons presented the Board with the report of sewer and water financial status. Mr. Hedrick stated that the County just recently received the draft report of the Sewer Master Plan and staff is reviewi~g it at this time. He stated staff will prepare something for the Board within the next 3-4 weeks on that subject, will provide summaries and the Board may need one or two work sessions to review it. 8.B. PUBLIC HEARING TO VACATE PORTION OF BREMO AVENUE Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance vacating a portion of Bremo Avenue. There was no one present to discuss the matter. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board adopted the following ordinance: An Ordinance to vacate a portion of Bremo Avenue within Orange Hill, Matoaca District, Chesterfield County, Virginia, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 4, at page 66. Whereas, Celestine D. Hicks and Walter L. Cross have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of Bremo Avenue within Orange Hill, Matoaca Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 4, at page 66, made by Carter R. Bishop, C.P.E., dated May 26, 1925. The portion of right-of-way petitioned to be vacated is more fully described as follows: A portion of Bremo Avenue 50 feet in width within Orange Hill, as shown outlined in red on a plat made by Carter R. Bishop, C.P.E., dated May 26, 1925, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and 83-509 Whereas, no public necessity exists for the continuance of the right-of-way sought to be vacated and the vacation will not abridge the rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, %he above described portion of Bremo Avenue is hereby vacated and no longer necessary for public use. This Ordinance shall be in full force and effect in accordance with Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as qrantor, and Robert E. Hodge and J. Wayne Browder and O. E. Price, Jr. and Charlotte S. Price, husband and wife or their successors in title, as grantees. Vote: Unanimous 8.C. SEWER AND WATER ITEMS 8.C.1. WATER AND SEWER SERVICE FOR BEECHWOOD AVENUE & WHITEHOUSE On motion of Mr. Robertson, seconded by Mr. Dodd, the Board deferred indefinitely the request for the extension of sewer service but authorized staff to conduct a survey to determine the number of residents who will connect to the public water system on Beechwood Avenue and a portion of Whitehouse Road. Vote: Unanimous 8.C.2. REQUEST FOR PUBLIC WATER - CHESTERFIELD MANOR SUBDIVISION On motion of Mr. Dodd, second, ed by Mr. Bookman, the Board authorized staff to survey Chesterfield Manor Subdivision to determine the number of residents who will connect to public water. Vote: Unanimous 8.C.3. WILLIS AND COACH ROAD INDUSTRIAL ACCESS PROJECT On motion of Mr. Dodd, seconded by Mr. Daniel, the Board accepted the counteroffer of $4r200.00 from Dorothy T. Estes for the right-of-way and water line easement for the Willis and Coach Road Industrial Access project for which the County's offer was $2,987.00 and further the Board transferred $1,213.00 from 111-1-36000-9402 to 330-1-97113-4101. Vote: Unanimous 8.C.4. WATER METER AND SEWER LATERAL FOR 60 WEST COMMERCIAL PARK On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the request of D. N. Cole for the installation of one meter and one sewer service lateral at the 60 West Commercial Park if Mr. Cole agrees to pay four (4) water connection fees at 83-510 $500.00 each and agrees to pay a minimum monthly usage charge for each business located in %he building. Vote: Unanimous Mr. Bookman inquired what the County has done in the way of correcting this ordinance to change the fee schedule. Mr. Welchons stated they have been reviewing this but have not had ample time to prepare a recommendation for the Board. 8.C.5. WATER SERVICE TO EAST BOUNDRY PARKWAY On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the request of J. Russell Parker, III to serve the office-warehouse on East Boundry Parkway with one water meter provided he pays a $500 water connection fee and a minimum monthly usage fee for each business located in the building. Vote: Unanimous 8.C.6. WILLIS AND COACH ROAD INDUSTRIAL ACCESS PROJECT Mr. Hedrick stated the Hendricks will not discuss the matter with the County and this procedure must be followed to begin the process. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board authorized tile County Attorney to institute condemnation proceedings against the following property owners if %he amount as set opposite their name is not accepted. And be it further resolved that the County Administrator notify said property owners by certified mail of the intention of the County to enter upon and take the property which is to be the subject of said condemnation proceedings. An emergency existing, this resolution shall be and it hereby is declared in full force and effect immediately upon passage. Lewis W. and Mary Hendricks Parcel 017 1925 Willis Road Willis snd Coach Road $25.00 Vote: Unanimous 8.D. CONSENT ITEMS 8.D.6. DEED OF DEDICATION FROM SIGMA DEVELOPMENT INC. Mr. Welchons stated the paper work has not been finalized and this item should be taken from the agenda. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board eliminated from the agenda the deed of dedication from Sigma Development, Inc. for the right of way for the proposed Powhite Parkway extension. Vote: Unanimous 8.D.1. WATER CONTRACT, FAIRPINES, SECTION 2 On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W83-122CD/6(8)3225, Fairpines, Section 2 Developer: Fairpines, Inc. Contractor: Coastline Contractors, Inc. Total Estimated Cost: $35,205.00 Estimated County Cost: $3,489.85 - Cash refund for oversize mains Estimated Developer Cost: $31,715.15 And further the Board appropriated $3,838.83 from 563 Surplus to 380-1-63225-7212 which includes a 10% contingency. Vote: Unanimous 83-511 8.D.2. WATER CONTRACT, GLENWOOD, SECTION D On motion of Mr. Bookman, second, ed by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W83-121CD/6(8)3215, Glenwood, Section D Developer: Newbys Bridge Associates Contractor: McLane Constructiom Company Total Estimated Project Cost: $20,195.00 Estimated County Cost: $ 3,398.50 - Cash refund for oversize mains Estimated Developer Cost: $16,796.50 And further the Board appropriated $3,738.35 from 563 Surplus to 380-1-63215-7212 which includes a 10% contingency. Vote: Unanimous 8.D.3. REPLACING WATER LINES ON ORIOLE AVENUE On motion of Mr. Bookman, seconded by Mr. Daniel, the Board awarded and authorized the County Administrator to execute any documents for Richard L. Crowder Construchion for W83-87B/6(8)3877, replacing water lines on Oriole Avenue, in the amount of.$66,477.28 based on class 50 ductile iron pipe and further transferred $73,125.00 from 567-1-36000-9402 to 380-1-63877-4393 which includes a 10% contingency. Vote: Unanimous 8.D.4. PERMIT TO CROSS PLANTATION PIPE LINE COMPANY EASEMENT On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents with Plantation Pipe Line Company allowing the County Utilities Department to cross their easement on Gregory Pond Road with a 6 inch water line. Vote: Unanimous 8.D.5. SEWER CONTRACT, GROVE ROAD On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the following sewer contract: S83-90CD/7(8)3902, Grove Road, Parcel 13, Tax Map 16-12 Developer: Archie K. McLelland, Jr. Contractor: Piedmont Construction Co., Inc. Total Estimated Cost: $14,448.20 Estimated County Cost: $ 2,057.00 - Cash refund $ 9,587.60 - Refund through connection fees Total Amount of Refunds: $11,644.60 Code: 574-1-00556-0000 Refunds through connection fees And further the Board appropriated $2,057.00 from 574 surplus to 380-1-73902-7212 for cash refund. Vote: Unanimous 8.E. DEVELOPER WATER AND SEWER CONTRACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 83-512 8.F. DEED OF DEDICATION FOR WOODLAKE PARKWAY Mr. Welchons stated he would like to add this deed of dedication to the agenda which has been reviewed by staff and approval is recommended. Mr. Bookman stated he had raised some questions regarding the road on Route 360 and there is a report submitted dated September 27, 1983 from Mr. Gee indicating he is satisfied that the project is in good shape. He requested that the report be filed with the papers of this Board. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved &nd authorized the County Administrator to execute this deed of dedication from Investors Woodlake Development Corporation for right of way for Woodlake Parkway from Hull Street Road to the Woodlakes at Brandermill subject to the approval of the road, drainage and erosion control plans by the Environmental Engineering Dept. Vote: Unanimous 9. REPORTS Mr. Hedrick presented the Board with a status report on Belmont and Turner Roads and Winterfield and Route 60. Mr. Hedrick stated the Highway Department had formally notified the County that the roads in the following subdivisions had been officially accepted into the State Secondary System effective as indicated: Length Qualla Gardens Subdivision, Section I (9-20-83) Crumpland Road - From Route 653 to 0.19 mi. N.E. Route 653. 0.19 mi. Salisbury, Lakeview Subdivision, Section 2 (9-2].-83) Baronsmede Road - Beginning at ~ntersection with Kingsmill Road, Route 1019, and going 0.11 mile southerly to intersection with Torrington Drive. 0.11 mi. Torrington Drive - Beginning at intersection with Baronsmede Road and going 0.03 mile southeasterly to a cul-de-sac. Again Torrington Drive, beginning at intersection with Baronsmede Road and going 0.16 mile northwesterly to a cul-de-sac. 0.19 mi. 12. COST OF LAND AT AIRPORT INDUSTRIAL PARK Mr. Dodd stated that he felt the County was underselling the land at the Airport Industrial Park, especially property adjacent to the runway. He requested that staff review the entire issue and bring back a recommendation to the Board. 13. ROUTE 288 PROJECT Mr. Dodd stated that he had received a proposal from Mr. John Smith regarding Route 288. He inquired if the Board wanted to discuss this matter at this time. Mr. Bookman stated the report was delivered to him the day before, that it does have some merit but he has not had time to review it in detail. He suggested that Mr. Smith and his associates meet with Mr. Hedrick and that staff prepare a recommendation for the Board. Mr. Daniel inquired if this was being submitted as part of the public record, as the Board stated that any individual who wanted to submit an alternate design could at their own cost. He inquired if this becomes part of the public record and part of the process for deciding how that particular area will be designed. Mr. Hedrick stated that he received his copy this morning and staff has not reviewed it. He stated the final 83-513 authority for the design rests with the Highway Department; however, the Highway Department will entertain suggestions from the Board so it is up to the Board as to how much credence they want to place on suggestions and recommendations from citizens regarding design. He stated he would be glad. to meet with Mr. Smith and his associates. Mrs. Girone stated the Highway Commission approved the design for Powhite last week. Mr. Bookman stated that he thought this was approved subject to amendments. Mrs. Girone stated she felt we should find out what the process involves, etc. Mr. Smith stated that this is submitted in the exact process that is suggested by. the Highway Department. Mr. Bookman stated that no one is prepared today to discuss this matter. He stated he felt that each Board member should review the proposal, staff should also review it and possibly bring it back for the next Board meeting on October 12, 1983. On motion of Mr. Bookman, seconded by'Mr. Daniel, this proposal regarding Route 288 was deferred for consideration at the October 12, 1983 meeting. Vote: Unanimous Mrs. Girone excused herself from the meeting to attend a luncheon meeting with the Bon Air Business Council. The Board recessed for lunch at the Airport Restaurant. Reconvening: 10. MOBILE HOME REQUESTS Mr. Dodd stated that he is in the mobile home business, although not directly related to sales. He stated that if anyone is purchasing a mobile home from his company, to please ].et him know so that he could disqualify himself from voting. 83SR131 In Dale Magisterial District, George and Cynthia Orange requested renewal of a Mobile Home Permit ~o park a unit on property which they own. Tax Map 66-4 (1) Parcel 13 and better known as 6706 Hopkins Road (Sheet 22). No one was present to represent the case. It was generally agreed to defer this matter until later in the day. 83SR149 In Bermuda Magisterial District, Donald H. Nicholson requested renewal of a Mobile Home Permit to park a unit on property which he owns. Tax Map 98-1 (4) Belmeade, Block 9, Lots 40 through 44 and better known as 10517 Ramona Avenue (Sheet 32). Mr. Nicholson was present. 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 standard conditions: The applicant shall be the owner and occupant of the mobile home. So NO lot or parcel may be rented or leased 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. 83-514 e No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83SR150 In Bermuda Magisterial District, William K. Post, Jr. requested renewal of a Mobile Home Permit to park a unit on property which belongs to William K. Post, Sr., father of the applicant. Tax Map 67-4 (2) Patterson Park, Block B, Lots 31 and 32 and better known as 2521 Merriewood Road (Sheet 23). Mr. Post was present and inquired if the permit could be granted for 10 years. Mr. Dodd stated there has been a recent change from two to five years and that was the maximum at the present time. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased 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. 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. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83SR151 In Dale Magisterial District, Clifford W. Carter requested renewal of a Mobile Home Permit to park a unit on property which 83-515 he owns· Tax Map 65-8 (2) Ampthill Gardens, Section 2, Lot 33 and better known as 6725 Hill Road (Sheet 22). Mr. Carter was present. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved 'this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased 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. 0 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. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83SR152 In Matoaca Magisterial District, Donald J, Hughes requested renewal of a Mobile Home Permit to park a unit on property which he owns. Tax Map 149-14 (7) Ivey Tract, Block D, Lot E and better known as 3202 South Street (Sheet 41). Mr. Hughes was present. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Dodd, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. e No lot or parcel may be rented or leased 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. No additional permanent-type living space may be added onto a mobile home. A].i mobile homes shall be skirted but shall no__~t be placed on a permanent foundation. 83-516 Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83S153 In Bermuda Magisterial District, Douglas and Frances Payne requested a Mobile Home Permit to park a unit on property which belongs to Loretta Hamilton, landlord. Tax Map 67-10 (3) Rayon Park, Block 18, Lots 5 and 6, and better known as 7724 Senate Street {Sheet 23). Mr. Payne was present. There was no opposition present. Mr. Dodd inquired if this was actually a new home being located at the site. Mr. Payne stated it was not a new home. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased 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 ~hsn 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. Where public (County) water and/or sewer are available, %hey shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83S174 In Matoaca Magisterial District, Gary L. Groux requested a Mobile Home Permit to park a unit on property which he is purchasing from Franklin Archer. Tax Map 180-15 (2) Radcliff, Block F, Lot 5 and located in the vicinity of 21400 Franklin Avenue (Sheet 52). Mr. Groux was present. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request for a period of five years subject to the following standard conditions: 83-517 The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased 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 %o 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. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation· Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, 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 the Mobile Home Permit. Vote: Unanimous 83SR131 In Dale Magisterial District, Georqe and Cynthia Orange requested renewal of a mobile home permit to park a unit on property which they own. Tax Map 66-4 (1) Parcel 13 and better known as 6706 Hopkins Road (Sheet 22). There was no one present representing the case. Mr. Daniel stated this was the second consecutive month at which no one has appeared regarding this case. He suggested that staff contac% the applicants and let them know if they do not attend the next meeting, it may not be renewed. He stated that if there is a hardship involved, that would be another matter and those details should be explained. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred consideration of this request until October 26, 1983. Vote: Unanimous 82S096 In Matoaca Magisterial District, ROCK PORT LAND COMPANY AND REALTY FEASIBILITY & MARKETING CORP. requested rezoning from Agricultural (A) of 3.5 acres; and Residential (R-12) of 12.8 acres to Residential Townhouse-For-Sale of 16.3 acres; plus a Conditional Use Planned Development to permit exceptions to the bulk requirements of the Zoning Ordinance on a parcel which lies approximately 280 feet off the west line of Courthouse Road, measured from a point approximately 1,900 feet south of its intersection with Hull Street Road. Tax Map 49-11 (1) Part of Parcels 14 and 16 (Sheet 14). Mr. Balderson stated the applicant had requested a 60 day deferral. Mr. Arthur Davis stated that this case has been continued for almost a year and that they have never objected the deferals before but he does now. He stated that the situation has not changed and the hazardous and dangerous conditions still exist, the construction site is on a curve and 83-518 hill, the road is heavily travelled, 'there have been numerous accidents, etc. He stated the people have been concerned from the very start regarding the new road to this site as all these cars will come down the road between two existing homes. Mr. Bookman inquired if the residents were aware that there exists zoning now and that approval or disapproval of this case has no legal bearing on the entrance that comes into Courthouse Road. He stated one of the residents called him and was not aware that this entrance could still be coDstructed wi. th the existing zoning. Mr. Davis stated the residents were aware of this. Mr. Daniel inquired who asked for the last deferral'. Mr Bookman stated he thought the County initiated it. Mr. Daniel stated the Planning Commission discussed last. night how many deferrals should be approved. He stated the Planning Commission was considering one deferral as a matter of courtesy to work out any problems that may arise. Mr. Journigan, one of the participants of the application, was present representing the case. He stated that Mr. Roger McNeil had requested the deferral and he was not aware of it until he arrived this date as he had been out of town. Mr. Balderson read the letter from Mr. McNeil requesting the deferral in order that they might clear up some of the objections, etc. Mr. Bookman stated that he understood that a deferral would be requested on the basis that some of the area residents were not aware that the existing zoning could bring the same access into Courthouse Road regardless of approval or denial of this case. Mr. Bookman stated he felt the opposition, the applicant, staff and the Supervisor might meet to discuss the matter. Mr. Journigan stated in all of his discussions, he has tried to make the people aware of the existing zoning and what is allowed and the developers have even taken an option to purchase an adjacent piece of property to allow for better development. After further discussion, it was on motion of Mr. Robertson, seconded by Mr. Daniel, resolved that this request for a deferral until November 23, 1983 be and it hereby is approved. Vote: Unanimous 83S074 In Bermuda Magisterial District, L.H. BEAZLEY, JR. requested rezoning from Residential (R-7) to Office Business (O) of a .575 acre parcel fronting approximately 130 feet on the west line of Lee Street, and located approximately 100 feet north of its intersection with West Hundred Road, and better known as 4507 Lee Street. Tax Map 115-6 (6) Nunnally's Addition, Lot 19 (Sheet 32). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Beazley was present and stated the only problem he has with the approval is the dedication of a 30 ft. right-of-way. He explained the close proximity of the buildings to the road, the fact that the need for Lee Street to ever be widened is doubtful, etc. Mr. Balderson stated that there is no right of way dedication imposed in the granting of the zoning but it has been County policy for the last several years to acquire dedication of right of way as shown on the General Plan when commercial property is developed or used. He stated that this is neither an action the Board normally responds to nor is it action that is being requested of this Board today. Mr. Dodd inquired if this requirement had been modified or reduced in the past. Mr. Balderson stated he could not recall a case under similar circumstances where it had been done. There was no opposition present. 83-519 Mrs. Girone inquired if the 30 fro right of way would come up to the steps. Mr. Beazley stated the right of way plus the 15 ft. setback would carry it to the front door. Mr. Hedrick stated that this would be reviewed by staff during site plan review and if there were mitigating circumstances, staff would have to deal with that separately. Mr. Balderson stated Mr. Beazley would still have 30 ft. between the building and the right-of-way. Mr. Bookman stated that usually we ask for this when no structures are involved, and here one is involved. Mr. Beazley stated he did not agr. ee with the nun~er of feet calculated by staff. Mrs. Girone inquired if the County has any plans to widen I,ee Street. Mr. Balderson stated that the County is not that sophisticated in its road planning which is normally done on a piece by piece basis. He stated that commercial property is required by the zoning ordinance to have a 60 ft. road right of way, 30 ft. from centerline. He stated there is over 45 ft. from the property line to the front of the dwelling. Mr. Balderson stated that Mr. Beazley is a member of the Board of Zoning Appeals and that staff has attempted to explain to him that the requirement is a zoning ordinance requirement and if a variance is in order, the appropriate body to hear that is the Board of Zoning Appeals not the Board of Supervisors. Mr. Dodd stated that exceptions have been made before of this nature. Mr. Micas stated he was unclear as to whether this is a provision of the zoning ordinance or a policy of the General Plan. Mr. Balderson stated that it is a provision of the zoning ordinance. It was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that the Board approve this request for rezoning from Residential (R-7) to Office Business (O). Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, the Board, if appropriate, reduced the right of way to 10 ft. Vote: Unanimous 83S097 In Bermuda Magisterial District, SHAWMUTT ENGINEERING, INC., SHOOSMITH BROS., INC., KUWR TECHNOLOGY AND GENERAL ELECTRIC, INC. requested a Conditional Use to permit the incineration of garbage and refuse for compensation; separation of waste material for transfer and the generation of electricity for sale in a Heavy Industrial (M-3) District on a 36.43 acre parcel fronting approximately 1,050 feet on the east line of Old Stage Road and located approximately 200 feet south of its intersection with Osborne Road. Tax Map 116-4 (1) Parcel 5 (Sheet 32). Mr. Balderson stated this case had been deferred to allow the applicants to meet with the residents in the area. He stated the Planning Commission had recommended approval of this request subject to certain conditions and staff has supplemented those conditions with others regarding water treatment. He stated staff has also added conditions proffered by the applicant after their meeting with area residents. Mr. Herbert Gill was present representing the applicants. He stated they did have a meeting with area property owners on September 1, 1983. He stated that as a result of that meeting the applicants proffered to the Planning Staff additional conditions. He introduced Mr. Jim Easter of Shawmutt Engineering who has been instrumental Jn the development of several of these types of plants and would be instrumental in the running and operation of this plant if it is approved. 83-520 Mr. Easter state~ that he felt there had. been some misconception of what they are planing to do as it is not a garbage dump but is actually a light manufacturing con, any. He stated they would be taking waste, shredding it, separating it into lights and heavies, taking the heavy materials and separating them and selling the glass and metals; burning the light materials to produce steam and electricity. He presented slides from various plant sites such as Columbus, Ohio; Bangor, Maine; Springfield, Illinois, etc. outlining the various portions of the full operation from the waste stream being collected to the electricity generated. Mrs. Hirone inquired if thay would be burning any coal. Mr. Easter stated approximately 10% coal would be burned which would be coming in by rail. He stated that they would employ 75 to 125 people, the plant will cost $110,000,000, and it would save the County several hundred thousand dollars per year in landfi, ll costs. Mrs. Girone inquired if they had made a survey on the trash availability and if they were counting on the County not using the landfill. Mr. Easter stated they would like to take as much trash as the County would send 'them and would like to entice other areas to bring trash to this facility. Mrs. Girone inquired if they would be buying the County's refuse. Mr. Easter stated no, but their tipping fee would be less than the County's. Mrs. Girone stated that Petersburg is into a similar type situation and she inquired about the trash availability. Mr. Easter stated they were confident.they will have enough trash to operate the plant. Mr. Bookman inquired how much coal would be burned if there was not enough trash. Mr. Easter stated under the federal law they could not burn more than 25% coal. Mrs. Girone inquired what would be done with the electricity. Mr. Easter stated that under federal law Vepco would have to buy the electricity from them. Mrs. Girone stated that the County is working with Vepco on an industrial park around their site so they can find users for their electricity as they do not have enough. Mr. Easter stated Vepco is happy about this facility coming into the area. Mr. Dodd stated that the water was originally to be placed into the County sewer treatment plant and he understands that is not now the case. Mr. Easter stated they will p].ace the water anywhere the County suggests as it is clean water. He stated their system is completely treated, is in a piped system and would not be water that is run 'through the refuse. He stated there would be a time when this plant w~uld have boiler blow-down with a water temperature as high as 125 . He stated they can put this in the sewer system, a cooling pond or anywhere the County suggests. Mr. Ted Hill presented slides dealing with the rationale of the project, the methodology of the plant process, the safeguards of the Company and the regulations of the State and Federal Governments for plants of this nature. He stated this plant will be a waste management facility and a power generation plant. He stated they did a qualitative and quantitative evaluation for this application to determine the particulars of the waste stream, the market place for glass and metals, where there is a steam user and power user, etc. He stated they also evaluated the financial and economic factors of disposal costs in the area, tipping fees, etc. He reviewed the ~ngineering components of the system. He stated only 10% of the waste stream will go to the landfill in the form of ash. He stated the facility would be pleasing and would be a good neighbor. He reviewed the various permits required and indicated the State can monitor the facility anytime they see fit and the plant itself has to be monitored daily on emissions and discharges and these reports forwarded to the State. Mr. Bookman stated that perhaps the applicants could take some of the people interested 'to one of the plants operating so they could see for themselves the area, the plant, etc. Mrs. Girone inquired if this facility sells power to Vepco and they don't need it, will the average bill go up. Mr. Hill stated that this 83-521 represents a very minute percentage of Vepco's potential, but he would guess that it would not. Mr. Easter stated that this could postpone Vepco's need to build another plant for some period of time. Mr. Billy Davenport was present represen'ting the Leimbergers, Mr. Grubbs, and others. He stated that petitions were signed by 1,411 County residents opposing this application as well as 28 students from Lloyd Bird School. He stated that the slide presentations that have been made are artists renditions, portions of other plants, etc. He stated there is.no proven track record and they cannot show anyone a plant in operation at this time. He stated that they discussed this with United Bio Fuels, a facility of a similar nature, which can handle all the refuse from Chesterfield County. He stated that if two of the facilities are built, there would not be enough refuse to go around and this would cause a problem. He stated they are also concerned about the environmental impact as well, and there are 11 or 12 conditions which should be included should this be approved. He stated most are redundant with the other requirements but there are two that really have additional meaning regarding the road and the site maintenance. He stated that they are concerned about the water temperature on the River, were told that tile water would not go into the River but very recently were told that it would eventually end up in the River. He stated.he felt the applicant has a lot ~f idealistic plans but he did not feel they have all the information they need for example, now they find they cannot put the water into the sewer system. He stated they are also opposed 'to the traffic which will be forthcoming. He stated that this includes traffic of 150-200 trucks per day plus another 20+ trucks taking the ash to the landfill. He stated United Bio Fuel, s is an alternative and they have received the permits necessary. There were about 85 people in opposition present. Mr. Davenport stated that KUWR Technology has backed out of this proposal and he wondered why. Mr. Daniel stated that he had received some information that Vepco is blowing out their stacks at night with soot landing on other property owners. He requested that this be fully documented and a committee be informed to present this matter to Vepco. Mr. Carl Martin stated that in speaking about combustion, etc. it will be a huge boiler with tubes around the walls and they will have to blow the tubes to get the maximum heat. He stated if they did not blow them, it would lead to serious problems. He stated the slides do not indicate the true picture of the site. Mr. Frank Leimberger stated that he represented himself and his brother who are businessmen in the community. He stated that he felt it was wrong for one business to come into an area and another business to do business with them. He stated Vepco does not need the electricity as there are six units now and only three run at a time. He stated that he calculated there will be more like 300 trucks a day. He stated that larger trucks from Richmond, Henrico, etc. will come into this high growth area. He stated all of this traffic would go through Chester with trucks carrying the residue away and refuse in and will have to travel by the schools in the area. He stated at 13% residue at 1000 tons a day, we will have 910 tons of residue per week emptied into the landfill which is more than currently is deposited there. He stated that this will be refuse coming from other jurisdictions and this will not eliminate a landfill problem but fill it with all this residue. He stated mechanical problems will happen and inquired what would happen with all this refuse. 83-522 He inquired why we are going to take all of this refuse, when other jurisdictions don't want it. He stated they also are giving different figures regarding the amount of coal to be burned. Mr. Charles Jackson stated that he was opposed to this rezoning as there are many unanswered questions from traffic to breakdown, etc. He stated that the opening date is 1986 and the terrible traffic problems in Chester cannot be solved until 1990 if we were placed on the State's priority plan in 1984 and we cannot be sure it can. He stated that it would cause all of ~he heavy truck traffic to come through Chester. He stated the County has recently obligated itself to a landfill which will last 20 years which gives us time to study the issue fully. He stated the time may come when we need to go this route but stated this is not the time or location for this facility. Mr. La Grande Martin stated there are a lot of unanswered questions. He stated concern about the truck traffic, the fly ash, the burning of PVC and its poisonous gases, toxic wastes, the closed system, the water temperature and the water disposal. He stated that landfills are not obsolete as they are to use them for the residue, and in emergencies all garbage would go there. He stated he felt there would be approximately 600 trucks per day. Mr. Gill stated that in April at the Planning Commission there was no one to oppose this request. He stated that they are aware and appreciate the people's difficulty in accepting this facility. He stated they have tried to take every measure to satisfy all but that is almost impossible. He stated this is an industrial area. He stated he felt the petition was not from all people who were immediately affected. He stated that the ]aw which forces Vepco 'to take the electricity is on the books which they had noting to do with, there is no water going into the River, there is a ho].ding pond, this is a closed system, etc. He stated the traffic on Old Stage Road as indicated by staff is 2,336 vehicles per day. He stated this is a novel approach to trash disposal and suggested that Chesterfield could be a leader in this field. He stated that he would like the people to see a plant in operation as well as the Board, and he would have no objection to having any visited. He stated he felt this has been thoroughly investigated. He stated people always fear the unknown but technology is making refuse profitable and society can benefit from this. Mr. Dodd stated that all the Supervisors probably received calls regarding this matter. He stated that the Board took a tour of industrial areas and there is a lot in Bermuda but they did not tour Old Stage Road. He stated this area is already severely impacted and this cannot be ignored. He stated he did not know if Vepco is blowing at night, but he understands whatever the problem, it will be corrected. He stated the potential for the area is great, especially with Vepco having just located a new school there, etc. He stated all the landowners are deeply concerned that we do not make a mistake, they want clean industry and technology. He stated there were high hopes for the interchange at Route 10 and 95 to become a Brookfield. He stated this was the type of area it could have been. He stated there are unanswered questions, that he did not feel it was as bad as the people expected it to be, but he did not feel it was as good as the pictures either. He stated that he felt the project may have merit and if the developers want to put a facility in of this type operation, he would suggest a 6 month delay for them to take some people to Columbus to look at it. He stated that if that was not acceptable, he would not be able to vote in favor of this because of the opposition. Mr. Davenport stated they were in opposition to this request and did not want to defer any longer. He stated the last deferral was a compromise for the applicants. He stated the people had questions, they were answered and then they were changed. He 83-523 stated he did not feel the people would be satisfied to see an operation that is similar somewhere else, there is no track record for an exact operation by the applicants, that more names in opposition could be obtained, etc. He stated they would like a denial to this request. Mr. Gill stated the applicant would accept a six months deferral and they will be glad to show five or six of the residents the plant in Columbus which is substantially the same even though it does not have the same square footage or tonage per day, etc. He stated all of the questions have been answered. · Mr. Grubbs stated that in six months the River would be cold and there would not be a true reading of the temperature, etc. Mr. Bookman stated that if he thought there Would be any significant changes in the matter he could support a deferral. He stated this is a new technology and way to handle solid waste but you will never do away with landfills. He stated he did not know what could be gained as Mr. Gill indicated they had answered all the questions. He stated he did not see what good 6 months would do other than gain more signatures in opposition. Mr. Dodd stated that residents in Bermuda District ask why they get all the soot, etc. He stated that he could not vote over the people in .this case. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board denied this request. Vote: Unanimous 83S098 In Matoaca Magisterial District, VERNON LAPRADE requested rezoning from Agricultural (A) to Light Industrial (M-l), plus a Conditional Use Planned DeveloDment to permit exceptions to the use and bulk requirements of the Zoning Ordinance on a .94 acre parcel fronting approximately 50 feet on the south line of Hull Street Road and located approximatelv 250 feet east of its intersection with Suncrest Drive. Tax Map 49-11 (1) Parcel 12 (Sheet 14). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. LaPrade was present and stated the conditions were acceptable, except that he wanted to have a small retail area with a portion being B-2 but staff recommended that this not be done until he had a specific B-2 use. He stated they would also like to have zero lot lines and they would agree to the buildings being brick or cedar siding so they would blend with the general development on adjacent property. He stated staff recommended 5 ft. lot lines but they would prefer to have zero lot lines and that they would not be exactly on the lines as there would be some roof overhang. He stated that small amount of distance would be a plus to them as far as warehouse space and it would be better to be close to the line given the fact Ghat he has also agreed to build with brick or cedar, whereas otherwise there is no assurance as to material. Mrs. Girone inquired what the purpose of the five feet was as it would seem difficult to maintain. Mr. Balderson stated it would buffer the building which is adjacent to it with shrubbery and break up the monotony of the long building. Mr. Bookman stated he felt the brick or cedar would seem to be better since it could be cinder block. Mr. LaPrade stated he would be requesting this on three sides as they will not be building on Route 60 and that he would be willing to use variegated brick. He stated he had contacted Mr. Poole regarding this matter but he did not submit a plan as they did not come up with the ultimate design. 83-524 Mr. Fred Gray, representing Roger Lewis, was present. He stated that Mr. Lewis has 9.6 acres in the area with 1.25 acres currently planned for buildings to match the one that exists there now and plans to build additional buildings on the 5.25 acres remaining. He stated they have no objection to the use but they do want them 'to adhere to the same requirements that were imposed on them. He stated they would like them to move the building back 10 feet if they could, that they be brick and have a cedar shake roof on the buildings adjacent to their property. He stated they would like to have the area compatible in style and architecture. He stated they would also objec~ to them being closer to the highway to obstruct their view. Mr. LaPrade stated that one of 'the questions raised regarding the lot line was if the Fire Department would approve this. He stated that the Fire Department did not have any problem. Mrs. Girone stated that she felt this type of zoning was a unique situation and she felt the five foot buffer would not get attention and it would be overgrown, etc. She stated she felt it would be best not to have space between for tall grass, shrubbery, etc. Mr. Bookman stated that Mr. Lewis is 10 feet off the property line, the building has entrances and exists onto the sides, whereas this proposal would not. He stated no one would be going behind the mini-warehouses. Mrs. Girone stated that she felt this area would become unsightly. Mr. Gray stated that the brick wall would be facing buildings they would be constructing. Mr. Bookman inquired what the Planning Commission had recommended. Mr. Balderson stated they had approved the request with a 5 ft. setback and without reference to kind of construction. Mr. Gray stated the applicant would agree to a five foot setback with brick walls and cedar shake roofs. The applicant stated he could not agree to the roof or a 5 foot set- back. After considerable discussion, it was on motion of Mrs. Girone, seconded by Mr. Robertson, resolved that the Board approve this request subject to the following conditions: The uses permitted shall be limited to mini-warehouses and a supporting office facility (i.e., mini-warehouse office). e In conjunction with the granting of this request, the following setback exceptions shall be granted: A twenty-five (25) foot exception to the required twenty-five (25) foot side yard setback requirement. be A thirty (30) foot exception to the thirty (30) foot rear yard setback requirement. e Buildings constructed along the south, east or west property lines shall have brick or cedar siding on all sides visible from adjacent property. Plans depicting this requirement shall be approved by the Planning Department prior to the release of any building permits. Prior to issuance of an occupancy permit, additional pavement, twenty-six (26) feet from the centerline of the Route 360 eastbound lane, and curb and gutter shall be constructed along Route 360 to VDH&T specifications. Ail driveways and parking areas shall be paved. These areas shall be defined by concrete curb and gutter, as deemed necessary by Environmental Engineering. 83-525 The previous conditions notwithstanding, the site plan, prepared by Frank F. Ports, Jr., and Associates, revised June 6, 1983, shall be considered the plan of development. Vote: Unanimous It was generally agreed the Board would recess for five minutes. Reconvening: 83Sl10 In Midlothian Magisterial District, GEORGE O. GRATZ requested rezoning from Residential (R-15) to Residential (R-12) of a 57 acre parcel which lies at the eastern terminuses of Walton Park Road and Old Country Lane. Tax Map 26-2 (1) Parcel 2 (Sheet 7). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Dodd inquired if this was a part of the Guza Tract. Mrs. Girone indicated it was not. Mr. Dodd requested that Mrs. Girone let him know when that item was to be discussed as he was not familiar with the area. Mr.~Jim Hayes was present regarding this matter. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request. Vote: Unanimous 83Slll In Clover Hill Magisterial District, LOUIS A. FARMER requested rezoning from Agricultural (A) to Residential (R-12) of a 7 acre parcel which lies approximately 450 feet off the east line of Newbys Bridge Road, approximately 900 feet south of Valencia Road. Tax Map 50-12 (1) Part of Parcel 2 (Sheet 14). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Jim Hayes was present representin¢ the applicant. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved this request. Vote: Unanimous 83S113 (Amended) In Matoaca Magisterial District, SHOOSMITH BROTHERS, INC. requested rezoning from Agricultural (A) to Residential (R-15) of a 38 acre parcel fronting approximately 1,110 feet on the west line of Lewis Road approximately 430 feet south of Lake Dale Road; also fronting approximately 360 feet on the south line of Lake Dale Road approximately 600 feet west of Lewis Road. Tax Map 114-13 (1) Part of Parcel 16 and Tax Map 131-1 (1) Parcel 4 (Sheets 31 and 40). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Delmonte Lewis was present representing the applicant. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Dodd, the Board approved this request. Vote: Unanimous 83-526 83SI16 In Midlothian Magisterial DistrJ. c%, ROBERT D. BARNEY requested rezoning from Community Business (B-2) to General Business (B-3) of a 1 acre parcel fronting approximately 100 feet on the east line of Grove Road approximately 740 feet south of Midlothian Turnpike, and better known as 819 Grove Road. Tax Map 16-12 (2) Sunny Dell Acres, Lot 27 (Sheet 7). Mr. Balderson stated the Planning Colnmission had recommended approval of this request. Mr. Barney was present. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request. Vote: Unanimous 83Sl17 In Midlothian Magisterial District, HHY COMPANY requested rezoning from Agricultural (A) to General Business (B-3) of a 2.2 acre parcel fronting approximately 100 feet on the west line of Grove Road approximately 1,450 feet south of Midlothian Turnpike, and better known as 724 Grove Road. ~Tax Map 16-16 (2) Sunny Dell Acres, Lot 13 (Sheet 7). Mr. Balderson stated the Planning Commission had recommended approval subject to a single condition. Mr. Tom Murphey was present representing the applicant. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request subject to the following condition: A fifty (50) foot buffer shall be maintained along the western property line. This buffer shall be maintained in its natural state with no clearing or grading permitted. Vote: Unanimous 83S118 In Bermuda Magisterial District, THOMAS L. HAYNES requested rezoning from Community Business (B-2) and Agricultural (A) to General Business (B-3) of a 3.9289 acre parcel fronting approximately 250 feet on East Hundred Road and approximately 700 feet on Inge Road, and located in the southeast quadrant of the intersection of these roads. Tax Map 117-12 (1) Parcels ]2, 20, 20A and 21 (Sheet 33). Mr. Balderson stated the Planning Commission had recommended approval subject to certain conditions. Mr. Jim Haynes was present and stated the conditions were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request subject to the followinc conditions: A fifty (50) foot buffer shall be maintained along Route 10 With the exception of a single sign, identifying this use, there shall be no other facilities permitted within this buffer. A thirty (30) foot buffer shall be maintained along the southernmost 300 feet of the Inge Road frontage. Also, a thirty (30) foot buffer shall be maintained along the southern property line. These buffers shall be landscaped and/or bermed so as to screen this use from the adjacent single family development to the west and south. A land- scaping plan, depicting this requirement, shall be submitte~ to the Planning Department for approval in conjunction with final site plan submission. With the exception of a single access drive through the western buffer, there shall be no facilities permitted within these buffer areas. Proffered Condition There shall be no outdoor advertising signs on the property. 83-527 Vote: Unanimous 83S124 In Dale Magisterial District, A.T. PROPERTIES requested a Conditional Use to permit incorporation of a 0.86 acre parcel into a previously granted Conditional Use (Case 71-28A) permitting construction of 249 multiple-family units on 20.0 acres in a Residential (R-7) District. This parcel lies approx- imately 400 feet off the north line of Handel Court, measured from a point approximately 1,000 feet west of Belmont Road. Tax Map 41-9 (1) Part of Parcel 5 (Sheet 15). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to a single condition. Mr. Jim Hayes was present representing the applicant. There was no opposition prnsent. On motion of Mr. Daniel, seconded by Mr. Dodd, this reques% was approved subject to the following condition: This 0.86 acre parcel shall be developed in conjunction with multi-family construction and conditions approved under Conditional Use 71-28A. Vote: Unanimous 83S126 In Bermuda Magisterial District, JACK D. AND SHIRLEY YERATT requested a Conditional Use to permit a second dwelling on one zoning lot in a Residential (R-7) District on a 0.29 acre parcel fronting approximately 100 feet on the north line of Cogbill Road, approximately 100 feet west of Tyrone Street. Tax Map 53-3 (3) DuPont Square, Block F, Lots 17 and 18 (Sheet 16). Mr. Balderson stated the Planning Commission had recommended denial of this request. Mr. Yeratt was present. Mr. Dodd stated that this area is heavily rental[ already and Mr. Yeratt's property is very neat and he felt this would blend with the area. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan submitted with the application shall be considered the plan of development. The proposed structure will be relocated so that it is set back a minimum of fourteen (14) feet from the western property line and a minimum of ten (10) feet from the eastern property line. The structure to be erected shall have an architectural style similar to the elevations submitted with the application. Prior %o obtaining a building permit, Lots 17 and 18 shall be resubdivided to create one lot of record. Vote: Unanimous 83S127 In Bermuda Magisterial District, TURKEY SHOOT, INC. requested renewal of a previously granted Conditional Use (Case 78S060) permit the operation of a turkey shoot in an Agricultural (A) District, also in a Community Business (B-2) District on a 67 83-528 acre parcel which lies approximately 1,200 feet off the north line of West Hundred Road, measured from a point approximately 1,900 feet west of Harbour East Drive° Tax Map 117-6 (1) Parcel 3 (Sheet 33). Mr. Balderson stated the Planning Commission had recon~ended approval of this request subject to certain conditions. Mr. Tom Mayes was present representing the applicant. There was no opposition present. Mr. Dodd stated that he did not have any problem with this request as it was temporary. ~e stated that condition 97 regarding the road standards should b~ eliminated· On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: Hours of operation shall be restricted to between 9:00 a.m. and 12:00 p.m., Monday through Thursday; 9:00 a.m. and 1:00 a.m., Friday'and Saturday; and 1:00 p.m. and 8:00 p.m. on Sunday. 2. The use of firearms shall be limited to shotguns only. Ail parking and driveway areas shall either be paved or graveled. Parking spaces shall be provided at a ratio of one (1) space for every two (2) participants. Each space shall be ten (10) feet by twenty (20) feet in size. All driveways and entrances shall be twenty-four (24) feet in width. The existing pit privies shall be removed and the pits filled and covered. Portable chemical toilets, approved by the Health Department, shall be placed on the site. Within thirty (30) days of approval of this Conditional Use, certification from the County Police Department verifying this operation complies with all State and County regulations shall be submitted to the Planning Department. It shall be the applicant's responsibility to obtain the certification from the Police Department and transmitted to Staff, prior to continued activity. This Conditional Use shall be granted to and for Turkey Shoot, Inc. and shall not be transferable nor run with the land. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Daniel, the Board adjourned at 4:35 p.m. until 10:00 a.m. on October 12, 1983. Vote: Unanimous R~'rd L. Hedrick County Administrator 83-529