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12-10-1986 Minutes BOARD OF SUPERVISORS MINUTES December 10, 1986 Supervisors in Attendance: Staff in Attendance: Mr. R. Garland Dodd, Chairman Mr. Harry G. Daniel, Vice Chairman Mr. S. H. Applegate Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richard L. Hedrick County Administrator Mr. Stanley Baldereon, Dir., Econ. Develop. Mrs. Doris DeHart, Legislative Coord. Chief Robert Manes, Fire Depar~men~ Mr. Bradford $. Hammer A~st. Co. Admin. Mr. Robert Modder, Building official Mr. William Howell, Dir., Gen. Services Mr. Thomas Jacobsen, Dir. of Plarhning Mr. Robert ~as~on, Asst. CO. Admin. for Mr. Richard McElfish, Dir. of ~nv. ~ng. Mr. R. J. McCracken, Transp. Director Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Dir. of News/Info. services Col. Joseph Pittman, Chief of Police Mr. william D. Peele, Chief, Dev. Review Mr. Lane Ramsey, Dir. of Budget & Acctg. Mr. Richard ~ale, Asst. Co. Admin. for Development Mr. Russell Sink, Airport Manager Mr. M. D. Stith, Jr,, Dir. of Park~ & Rec. Mr. Robert Wagenknecht, Dir. of Libraries Mr. David Welchons, Dir. of utilities Mr. Frederick Willis, Dir. of Human Sheriff E.L. Wingo, Sheriff's Department Mr. Dodd called the meeting to order at 2:00 p.m. (EST). 1 · INVOCATION ~r. Hedrick introduced Mr. M. D. Stith, Jr., Director of and Recreation, who gave the invocation. Parks 2. Pr-~nGE O~ ALleGIaNCE TO 'r~ FLAG OF 'r~u~ ON1T~U STATES OF AMERICA The Pledge of Allegiance to the Flag of the America was recited. United States 86-921 3. R~OL~RSTSFORMOBILE HOME P~IITS $6SR170 In Bermuda Magisterial District, THOMAS AND BLAIR HALLETT requested renewal e~ Mobile Home Permit 815142 to park a mobile home on property fronting the north line of East Hundred Road at its intersection with Inge Road, and better known as 210 East Hundred Road. Tax MaD 117-12 (4) Westcver Farms, Lot 22 (sheet 33). The first permit was issued November 1981. Mr. Peele stated staff recommended approval of this request, subject to certain conditions. Mr. Hallett came forward to present the request. There was no opposition present. On motion of Mr. Dodd~ seconded by Mr2 Applegate, the Board approved this request for a five (5) year period, subjec~ to the fellowing standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home si:e, 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. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements o~ the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. 4. No additional permanent-type living ~paoe may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. 6. Upon being granted a Mobile Home Permit, the applicant shall then ebtain 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 865171 In Bermuda Magisterial District, MARION K. BIBB requested a Mobile Home Permit to park a mobile home on property fronting the west line of Jefferson Davis Highway, approximately 150 feet north of Galena Avenue, and better known as 9518 Jefferson Davis Highway. Tax Map 81-12 (3) Quail Oaks, Section 2, Block 5, Lot 3 (sheet 23). Mr. Peele stated ~taff recommended denial of this request, as it appears to be out cf character with the neighborheed at the present time and is located in an area designated by the CENTRAL PLANNING AREA LAND USE AND TRANSPORTATION PLAN for qeneral commercial use. Mr. Jerry Wood voiced his opposition and requested that the Board deny this case. He stated the property is an unsightly junkyard and a health hazard to the community. Be pre~ented 86-922 photographs of the subject property showing its presen~ appearance. Mr. Donald Moore, representing ~he Chester Moose Lodge, supported Mr. Wood's cerements and stated he did not feel the request should be approved. He stated too many difficulties have been encountered with enforcement of the zoning regulations on the current use and approval of this ease would only aggravate the situation. ~r. Joseph Miller stated him home is located directly behind the subject property. He stated he does not feel Mr. Bibb should be permitted to park a mobile home on the subject property as the property is unsightly, congested and infested with rodents. Mr. Peele stated Mr. Bibb does not have a permit to operate a junkyard; however, he has been located at the subject sits for approximately 8-10 years. He stated staff has worked with him on a continuous basis in an effort to have him comply with the Ordinance. He stated Mr. Bibb is currently in violation of the Ordinance and, if he is not willing to olean up the site voluntarily, staff has the ability to require him to comply through legal channels. Mr. Bibb explained that he intends to reside in the mobile home because he has been experiencing personal and financial difficulties. Ms ~tated that if he were permitted to reside on the property some of the problems could be alleviated. Be stated he is working with staff to clean up his property, bring it into compliance with the Zoning 0rdinanee and intends to maintain compliance under staff supervision. Me stated that he wished to be permitted to continue his business and provide th~ necessary protection for his investment £rom theft, fire, etc., by residing on the property. Mr. Micas stated if the Beard were to deny this case the applicant would not be able to reapply within one year; however, the Board could consider deferral of the case for a specified period to allow the applicant an opportunity to bring the current uses into compliance wi~h ~he Zoning Ordinance. In response to a question by Mr. Applegate, Mr. Bibb indicated that Mr. Jerry Wood has offered to purchase the subject property; however, the offer is u~aeceptable at the present time. Mr. Bibb indicated that if he were to sell the subject property the mobile home permit would notthsn bs needed. Mr. Dodd stated he has received numerous complaints from area residents regarding the disarray and unsightliness o~ this site and that the property needs to be cleaned up and a marked improvement made prior to consideration of the mobile home permit request. On motion of Mr. Dedd, seconded by Mr. Applegate, the Board deferred consideration Of this request u~til January 28, 1987, at 2:00 p.m., at which time the Board would take into consideration two issues: (1) whether or not the property has been sold, and (2) unless there is a marked improvement of the operation denial of the request would be recommended by the District Supervisor. Vote: Unanimous REQUES~ ~O POSTPONE ACTION~ ]~ERC~.~"? ADDITIONS OB. CHANmRm IN TNE ORDER OF P~ESENTATIO~ On motion of Mr. Daniel, seconded by Mr. Mayes, the Board added Item 14.J., Executive Session tc consult with legal counsel concerning Cullather versus the County, and to discuss the condition, use and acquisition of real proper~y for public purposes, pursuant to Sections 2.1-344 (a) (6) and (2), 86-923 respectively, of the Code of Virginia, adopted the agenda, as amended. Vote: Unanimous 1950, as amended; and 4~ ~EQD~$T$ FOR REZC~ING 86S120 In Midlothian Magisteiial District, IZAAK WALTON PARK, INC. requested rezoning from Agricultural (Ap to Residential (R-9) of 228.1 acres and Residential (R-12) of 18.7 acres on a 246.8 acre parcel lying at the northern terminus of Ashbrook Landing Road, the northwestern terminus of Gordon School Road, and the western terminus of Yucca Drive, and lying approximately 500 feet off the north line of Lucks Lane. Tax Map 26-14 (1) Parcel 1 (Sheets 7 and 13). Mr. ~oole stated the applicants have requested deferral to allow for further deliberations on the development of this property. He noted the residents of the Walton Park, Smcketree and Evergreen communities have expressed concerns relative to the proposed development plan and opposition to approval of the rezoning. No one came forward in opposition to the request for deferral. On motion cf Mrs. Girone, seconded by Mr. Daniel, the Board deferred consideration of this case for sixty (60) days. Vote: Unanimous 86S103 In Bermuda Magisterial District, J.T. SHOOSMITH requested rezoning from Agricultural (Ap to Office Business (o) of 3.52 acres with a Conditional Use PlaD-ned Development to permit use exceptions plus amendments to a Conditional Use Planned Development (Case $4s030) on a 7.6 acre Office Business tract. This request fronts approximately 1,200 feet on the south line of Iron ~ridge Road, also fronts approximately 620 feet on the east line of Branders Bridge Road, and is located in the southeast quadrant of the intersection of these roads. Tax Map 114-12 (1) Parcels 4, 8, and 35 (Sheet 31). Mr. Poole stated the Planning Con~ission recommended approval of this case, subject to certain conditions. Mr. C. F. Coffin, Jr. stated the conditions as recommended by the Planning Commission were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by ~lr. Mayes, the Board approved this request, subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by Austin Brockenbrough and Associates, dated May 8, 1986, shall be considered the Master Plan. 2. The uses permitted shall be limited to Office Business (o) uses plus 30% of the overall gross floor area may be occupied by Convenience Business (B-l) uses and a health club. The Convenience Business (B-l) uses and health club shall be restricted to those structures which are generally loeate~ in the central portion of the site and shall be generally surrounded to the east, west, and south by Office Business (0) uses. A bank may be located in the northwest corner of the property, however, the square footage Of the 86-924 bank shall be included in the 30% gross floor area which may be used for Convenience Business (B-l) uses and a health club. (CPC) At such time that public sewer is within 500 feet of the property, the owner/developer shall be required to extend the sewer line to serve the entire 11.13 acre parcel. (U) Prier to the issuance of a building permit, forty-five (45) feet from the centerline of Branders Bridge Road and 100 feet from the centerline of Iron Bridge Road shall be dedicated to and for the County of chesterfield, ~ree and unrestricted. (T) Additional lane of pavement and curb and gutter shall be constructed along Branders Bridge Road and Iron Bridge Road for the en~i~e property frontage. At the time of echematie plan review, a phasing plan of these improvements may be submitted to and approved by the Transportation Department. (T) Access to Iron Bridge Road shall be limited to two (2) en- trances/exits. · he easternmost entrance/exit shall be located near the eastern property line and shall be signed and constructed to be shared with the adjacent parcel. If VDH&T approves a new crossover at this access location, the developer shall be responsible for construction of the crossover, including left-turN lanes in both east- and westbound directions. (T) Yard and Height Requirements. (a) Yard~. The following yard requirement shall apply: (1) Setback8 along major arterials. All buildings and drives shall have a minimum seventy-five foot setback from the proposed rights-of-way of major arterials ae indicated on the Chesterfield General Plan, as amended. Parking areas shall have a minimum one hundred foot setback from pro- posed rights-of-way of major arterials. The parking area setback may be red,ced to seventy-five feet when parking areas are located to the side or rear of buildings. Within these setbacks, landscaping shall be provided in accordance with Condition 14. The following yard requirements shall apply to any lot or parcel, except any lot or parcel located in an M-2 or M-3 District, in which case, the yard requirements of the underlying zoning district will apply. (2) Front yard. The front yard setback for build- ings, drives, and parking areas shall be a minimum of forty feet from public rights-of~way other than major artezlals. (3) Side y~rds. The side yard setbacks £or build- ings, drives, and parking areas shall be a minimum of thirty feet. The minimum corner side yard shall be forty feet. One foot shall be added to each side yard for each three feet ~hat the building height adjacent thereto exceeds forty-five feet or three stories, whichever is less, subject, however, to the provisions of Section 21-27. (4) Rear yard. The minimum rear yard setback for buildings, drives, and pa~king areas ~hall be forty feet. One foot shall be added to each 86-9~5 rear yard for each three feet that the build- ing height adjacent thereto exceeds forty-five feet or three stories, whichever is less, subject, however, to the provisions of Section 21-27. (b) ~eight requirements. The maximum height of all buildings as permitted by Section 21-38 and the underlying zoning district(s). ~pecial height restrictions apply because of Airport height restrictions. 8. Permitted Variations in Yard Requirements. The required minimum yards may be reduced with the pro- vision of additional landscaping: (1) Setbacks along ~ajor arterials. Ths required setback for buildings and drives along major arterials may be reduced to fifty (50) feet with the provision of landscaping in accordance with Condition 14, "Perime- ter Landscaping C." The required setback ~or parking areas may be reduced to fifty (50) feet With the provision of landscaping in accordance with Condition 14, "Perimeter Landscaping C," and whe~ such ps:king areas are located to the side and rear of buildings. (2) Front yard. The required front yard setback along public rights-of-way other than major arterials may be reduced to twenty-five (25) feet with the provision of landscaping in accordance with Condition 14, "Perimeter Landscaping C." (3) side a~y~. The required side yard may be reduced to ten (10) feet wi~h the provision o~ landscaping in accordance with Condition 14, "Perimeter Landscaping B" (except when adjacent to any "A", "R", "R-TM" or "R~MF'' District). (4) Rear a~. The required rear yard may be reduced to twenty (20) feet with the provision of landscaping in accordance with Condition 14, "Perimeter Landscaping B" (except when adjacent to any "A", "R", "R-TN" or "R-MP" District). 9. Utility lines underground. All utility lines such as electric, telephone, CATV, or other similar lines shall be installed underground. This requirement shall apply to lines serving i~dividual sites as well as to utility lines necessary within the project. Ail junction and access boxes shall bc screened with appropriate landscaping. All utility pad fixtures ar~l meters should be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan. 10. Loading areas, sites shall be designed and buildings shall be oriented so that loading areas are not visible from any of the project perimeters adjoining any "A", "R", "R~TH'' or "R-~IF" District Or any public right-of-way. 11. Architectural treatment. The exterior wall surfaces (front, rear and sides) of each individual building visible from a public street shall be similar in architectural treatment and materials. No block or metal buildings shall publi~ right-of-way. All rooftop equipment shall shielded and screened from public view. 12. ~×terior lighting. All exterior lights shall ~e arranged and installed so that no direct light projects into adja- 86-926 13. 14. cent parcels or public rights-of-way, Lighting standards shall not exceed twenty feet in height and shall be of a directional type capable of shielding the liqht source from direct view. Driveways and parkin~ areas. Driveways and parking srea~ Shall be paved with concrete, bituminous concrete, or other similar material. Surface treated parking areas and drives shall be prohibited. Concrete curb and guttsr ~hall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed ~o as not to interfere with pedestrian traffic. Landscaping Requirements. (a) Purpose and Intent. Landscaping shall be provided for the visual enhance- ment of the Corridor; and to protect and promote the appearance, character, and economic values of land along the corridor and surrounding neighborhoods. The purpose and intent of such landscaping requirements is also to reduce the visibility of paved areas from adjacent properties and' streets, moderate climatic e~- feots, minimize noise and glarer and enhance p~blic safety by defining spaces to influence traffic movement. Landscaping will reduce the amount o4 storm water runoff and provide transition between neigh- boring properties. (b) Landscapinq Plan and Planting Requirements. (1) A landscaping plan shall be submitted in con- junction with site plan review. (2) Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials. (c) Plant Materials Specifications. [1) Quality. All plant materials shall be living and in healthy condition. Plant materials used in conformance with the provision of these ~peeifications shall conform to the standards of the most recent edition of the "American Standard for ~ursery Stock," published by the American Association of Nurserymen. (2) Size and Type. (a) Small Deciduous Tr~es. Small deciduous trees shall be of a species having an average minimum mature crow~ spread greater than twelve (12) feet. A mini- mum caliper of at least two and one-half (2 1/2) inches at the time of planting shall be required. (b) Large Deciduous Trees. Large deciduou~ trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. A mini- mum caliper of at least three and one-half (3 1/2) inches at the time of planting shall be required. 86-927 (C) Evergreen trees. Evergreen trees shell have a minim~ height o£ five (5) fee= at the time cf planting. (d) Medium shrubs. Shrubs and hedge forms shall have a minimum height of two (2) feet at the time of planting. (3) Landscapinq Design. (a) Generally, planting required by this section should he in an irregular line and spaced at random. (b) Clustering of plant and tree species shall be required to provide a pleasing composi- tion and mix of vegetation. (c) Decorative walls and fences may be inte- grated into any landscaping program. The use of such walls or fences, when having a minimum height of three (3) feet, may reduce the a~ount of required plant materials et the discretion of the Director. (4) Tree Preservation. (a) Preservation of existing trees is encouraged to provide continuity, improved buffering ability, pleasing scale and image along the Corridor. (b) Any healthy existing tree may be included for credit towards the requirements of this Condition. Maintenance. (1) The owner, or his agent, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required. (2) Ail plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris, at all times. Ail unhealthy, dyinq or dead plant materials shall be replaced during the next planting season. (3) Ail landscaped areas shall be provided with a readily available water supply. The utilization of underground storage eha~lbe~s tc collect runoff to be later used to irrigate plant ~terials is encouraged. Installation and Bonding Requirements. (1) All landscaping shall be installed in a sound, workmanship-like manner and according to accept- ed, good planting practices and procedures. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops or concrete or bituminous (2) Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the County a form of surety 86-928 (g) satisfactory to the Planning Department in an amount egual to the costs of the remaining plant materials, related materials and installation costs. (3) All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the bond shall be ~orfeited to the County. Arterial Frontage Landscaping. Landscaping shall be required along Route 10 within the required setback of any lot or parcel and shall be provided except where driveways or other openings may be necessary. The minimum required landscaping for this setback shall be provided as per "Perimeter Landscaping B" below. Perimeter LandscaDin~. Landscaping shall be required at the outer boundaries or in the required yards of a lot or parcel and shall be provided except where driveways or other openings may be required. The minimum required landscaping ior all outer boundaries of any lot or parcel shall be provided as per "Perimeter Landscaping A" below. There shall be different landscaping requirements as identified herein, which shall be provided as follows; (1) Perimeter Landsca~n~ A. (a) At least one small deciduous tree for each fifty lineal feet and at least one evergreen for each fifty lineal feet shall be planted within the setback area. (b) At least one medium shrub for each twenty lineal feet shall be planted within the setback area. (c) Lew shrubs and ground cover shall be rea- sonably dispersed throughout. {21 Perimeter LandscaDi%~,B. (a) At least One large deciduous tree for each fifty lineal feet and at least one evergreen for each thirty lineal feet shall be planted within the setback area. (b) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each fifteen lineal feet shall be planted within the setback area. Id) Low shrubs and ground cover shall be rea- sonably dispersed throughout. OR: (a) A minimum three (31 foot berm, and (b) Perimeter Landscaping A. high undulating 86-929 (hl (~) Perimeter Landscapinq c. (a) At least one large deciduous tree for each fifty lineal feet and at least one evergreen tree ~or each thirty lineal feet shall be planted within the setback area. (b) At least one small deciduous tree ~or each thirty lineal feet shall be planted within the setback area. (c) At least one medium sbrk%b for each ten lineal feet shall be planted within the setback area. (d) Low shrubs and ground cover shall be rea- sonably dispersed throughout. OR: (a) A minimum four (4) foot high undulating berm, and (b) Perimeter Landscaping B. Landscaping Standards for Parking Areas. (1) Interior parkinq arp~..land$¢apinq, (a) Any parking area shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of 100 square feet and have a minimum dimension of at least ten feet. With the provision of this landscap- ing, parking space size may be reduced to 9.5 X 20 or 190 square feet. (b) The primary landscaping material used in parking areas shall be trees which provide shade or are capable of providing shade at maturity. Each landscaped area shall include at least one small tree, as outlined in this Section. The total number of trees shall not be lems than one for each 200 square ~eet, or fraction thereof, of required interior landscaped area. The remaining area shall be landscaped with shrubs and other vegetative material to complement the tree landscaping. (c) Landscaping areas shall be reasonably dispersed throughout, located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated required landscaped area. 12) Peripheral parking area landscaping. (a) Peripheral landscaping shall be required along any side of a parking area that abuts land not in the right of way of a street such that: A landscaped strip at least ten £ee~ in width shall be located between the parking area and the abutting property lines, except where driveways or other openings may be required. Continuous hedge forms or at least one small tree, as outlined in this 86-930 15. 16. Section, shall be planted in the landscaped strip for each fifty lineal feet. Signs shall be regulated by the Zoning Ordinance for Special Sign Districts. Landscaping shall be provided around freestanding signs. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (P) A seventy-five (75) foot buffer shall be maintained along the southern property line. Where parking is adjacent to the southern boundary, this buffer width shall be increased to 100 feet. At the time of schematic plan review, the buffer widths may be reduced by the Planning Commission to fifty (50) feet. ~h¢sc ~uffers shall be landscaped, bermed and/or ~enced so as to minimize the view of the project from adjacent Agricultural (A) properties to the south. A conceptual landscaping plan depictin~ this requirement shall be submitted to the Planning Co~issicn for approval in conjunction with schematic plan review. A detailed landscaping plan shall be submitted to the ~lanning Department ~or approval in conjunction with final site plan review. Other than utilities which run generally perpendicular through the ~uffer and drainfields, there shall be no other facilities permitted in this buffer. (P&CPC) Vote: Unanimous 86S122 (A~endcd) In Midlothian Magisterial District, MURRAY OLDSMOBILE, INC, requested a~end~ents to a Conditional Use Planned Development (Case 84E079). This request lies in a Comr~unity Business District on a 15.4 acre parcel fronting approximately 1,120 feet on the south line of Midlothian Turnpike, also fronting approximately 620 feet on both sides of Murray Olds Drive, across from Alverser Drive. Tax Map 16-12 (1) Parcel 8 (Sheet Mr. Peele stated the Planning Commission recommended approval of this request, subject to certain conditions. Mr. John Henson stated the conditions as recommended by the Planning Commission were acceptable. Mrs. Girone requested that Mr. Peele review and explain the Planning Commission's recommendations. Mr. Peele stated the current request proposes amendments to the original Conditional Use Planned Development to permit exceptions to the paving, curb and gutter, signs and permitted uses. Me briefly explained the amendments a~d exceptions as outlined in the Request Analysis, He stated the applicants and area residents ~et to discuss the proposed modifications and that he understood a~ acceptable compromise had been reached. There was ~o opposition present. With respect to the applicants' request for schematic approval of an outdoor speaker system, Mr. Peele stated the Planning Commission had approved the system, provided it does not create a nuisance to the neigl%borhood and, if the syste~ were to become a nuisance, the issue would be brought back to consider removal of said system. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved: deletion of the curb and gutter and paving requirements On Parcel B and the 1.21 acre parcel; increased the number, height, and size Of freestanding signs along Route 60 for the dealurship; signs of dissimilar color, design and lighting; translucent sign~ields; exceptions to directional sign 86-931 the ~ze; a~d the outside storage of automobiles, subject to following conditions: In conjunction with the granting of this request, an e×eeption to the requirement that parking areas be paved and that curb and gutter be installed shall bo granted uses on Parcel B and the 1.21 acre parcel depicted On the approved Master Plan. This exception shall be granted for a period not to exceed two 12) years from date of approval of this request. At the end of the two (2) year period, all driveways and parking a~eas shall be paved, and curb and gutter shall be installed around the perimeter of all paved driveways and pa~king areas. (CPC) (Note: This condition is in addition to Condition 6 of Conditional Qae Planned Development, Case 84S079, for Parcel B and the 1.21 acre parcel.) 2. The following signs shall be permitted: a. All dealership signs shall be as depicted in the elevations, plan, and Textual Statement submitted with this application relative to color, design, lighting, and location. b. Three (3) freestanding signs shall be permitted along Route 60: two (2) identifyinq the dealership and one (1) identifying Parcel A (2.2 acres). The dealership signs shall not exceed an aggregate area of 243 square feet and the Parcel A sign shall not exceed an aggregate area of fifty (50) square feet. With the exception of one (1) freestanding sign having a Maximum heiqHt of thirty-one (31) feet, all other freestanding signs shall not exceed a height of thirty (30) feet. c. Two (2) directional sigma shall be permitted in excess of the ten (10) square foot size limitation. These directional signs shall not exceed an area of 17.11 square feet and shall be located as shown on the plan submitted with the application. d. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan ap- proval of the sign package. (Note: This condition supersedes Condition 8 of Case 84S079.) 3. The use permitted on Parcel B shall be limited to the o~tside storage of motor vehicles for sale, service, and repair in conjunction with the operation of an automobile dealership. No other business Or accessory uses shall be permitted. (P) (Note: This condition supersedes Condition 10 of Case 845079.) 4. A minimum fifty (50) foot buffer shall be maintained along the southwest property line adjacent to Residential (R-15) zoning. With the exception of utilities, which run generally p~rpendicular through the buffer, and a fence, there shall be no other facilities or oth~r improvements permitted within this buffer area. Where this buffer is less than 100 feet in width, a six (6) foot High solid board fence shall be installe~ along the northeast edge of this buffer. Between this fence and the adjacent resi- dences, white pines with an initial height of three (3) to ~our (4) feet shall be planted on eight (8) foot centers. A detailed plan depicting this requirement shall be sub- mitted to the Planning Department for approval in con- junotion with final site plan review. (CPC) 86-932 (Note: This 84S079.) Vo~e: Unanimous condition supersedes Condition 4 of Case 86S131 In Midlothian Magisterial District, CARDINAL PARK ASSOCIATES re- quested re~oning from Agricultural (A) to Residential (R-9) on a 14.09 acre parcel fronting approximately 47 feet on the southeast line of North Pinetta Drive, approximately 350 feet northeast ci Ewell Road. Tax Map 28-2 (1) Part of Parcel 2 (Sheet 8). Mr. Peele stated the Planning CoF~fssion recor~mended approval of Residential (R-12) zoning and acceptance of the applicant's proffered conditions. He ztated subssquent to the Commission's recommendation, the applicant submitted a revision to proffered condition ~1 defining liveable space, as requested by the neighborhood. Mr. Otis Brown stated the reeon%mendation for approval of Residential (R-12) zoning and acceptance of the proffered conditions ia acceptable to the applicant. Ke stated the amendment of proffered condition ~l, as indicated in the addendum, is intended to clarify the definition of liveable space, as requested by area residents. Ms. Linda Werner expreamed concern relative to the 1450 square footage for a one-story home and requested assurance that this condition would exclude a finished recreation room in a basement, etc., from the total square footage of the home and that the condition be enforceable. Mr. Peele stated that a typical basement, with the bulk of the wall underground, would no~ be counted as a story; however, an English basement, with more than half the wall above ~round, would be considered a separate, distinct floor. Mrs. Girone stated area residents are concerned that the slope of the ground is such that a ranch-type home basement would be visible above ground and therefore constitute a two-story home. Mr. Brown stated, for this reason, proffered condition 01 is worded so that if any space on more than one ~loer is ~ounted then the minimum space requirement is increased. Ms. Werner stated the condition, as revised, was acceptable. M~. Philip ~urkhalter stated area residents wish to maintain the quality of the neighborhood and desire tha~ =h~ homes be compatible and consistent with existing residences. ~e noted exizting houses in the area are approximately 2,000 square ~eet and above and in the range in value to between $90-100,000. On motion cf Mrs. Girone, seconded by Mr. Applegate, the Board denied the request for Residential (R-9) zoning and approved the request for Residential (R-12) zoning and accepted the following proffered conditions: 1. Each dwelling shall contain at least 1,450 square feet of liveable space if one story and 1,800 square feet if liveable space is counted on more than one story. Liveable space is defined to include finished space that is beth lighted and heated and shall exclude garages, screened porches, decks a~d carports. The number of one story dwellings ~hall not exceed seven (7). 2. Natural growth shall be retained to the extent possible except for usual and cuztomary removal necessary to 86-933 accommodate construction of dwellings and land improvements. 3. The development shall contain no preconstructed modular dwelling units. Vote: Unanimous 86S145 In Matsaca Magisterial District, JO~l~ E. HAMILTON, JR. requested amendment to Conditional Use (Case 78S204) relative to the transfer of landfill operation rights and extension of time period of operation. This request lies in an Agricultural (A) District on a 40 acre parcel fronting approximately 800 feet on the west line of Taylor Road, approximately 1,600 feet south of Hembriok Road. Tax Map 123 (1) Parcel 13 (Sheets 35, 36, and 37). Mr. Peele stated the Planning Commission recommended approval of this request, subject to certain conditions. Mr. John Hamilton stated the conditions as recommended by staff were acceptable. Mr. Robert Staples stated the area is undergoing residential development and he opposes any escalation of the landfill activity. He stated that he feels the operation will not be effectively monitored relative to content, drainage, etc.; will impact the area traffic pattern; damage the road surface; and adversely impact the value of area properties. Mr. Horace Hines stated he is the owner of record of the subject property and expressed opposition to approval of the request aa the property is the subject of litigation. Mr. John Hair, an adjacent property owner, opposed the request as the use may adversely impact his property and expressed concerns relative to traffic. Mr. Micas stated that, in the past, when confronted with zoning requests that involve land dlspu~es, title disputes or o~her legal disputes, the Board has confined their deliberations to the zoning and land use decisions. There was discussion regarding the on-going litigation involved in this case and Mr. Micas explained the Board's options. Mr. Hamilton requested the matter be deferred for approximately sixty (60) days to resolve the legal aspects of the case. In response to a question by Mr- Mayes, Mr. Peele stated staff recommended approval of this request for a period of ten (10) years. Mr. Applegate questioned if the landfill is a sanitary or debris landfill. Mr. Ea~ilton stated the site is a landfill operation which accepts demolition debris, including stumps, construction material, etc., and is not a sanitary landfill. Mr. P~ole stated the site is a landfill as defined by the Zoning Ordinance, but is restricted as to the types of material that can be deposited. He stated the site has been inspected by the County Health Department and the State Bureau of Solid Waste Management and has been found to be in compliance with the criteria set forth by those respective agencies. ~Lr. Hamilton stated Mr. Hines does own and operate the landfill at the present time and the contract stipulates that Mr. ~ines would continue to operate the landfill until such time as transfer of the title and other appropriate permits occurred. 86-934 Mr. Mayes stated that, in view of the fact that Mr. Bines owns the subject property, is presently operating the facility and is requesting denial o£ the rezoning, he would recommend deferral for ninety (90) days. On motion of Mr. Mayes, seconded by Mr. Applegate, the Board deferred consideration of this case until March 25, 1987. Vote: Unanimous 86S146 In ~atoaoa Magisterial District, WILBUR L. AND DELORES W. JOYNER requested a Conditional Use Planned Development to pelmit a two-family dwelling and bulk exceptions in a Residential (R-7) District on a 0.6 acre parcel fronting approximately 155 feet on the south line of Johnston Street, approximately 149 feet east of Lee Street. Tax Map 186-3 (1) Parcel 18 (Sheet 52). Mr. Peele stated the Planning Commission recommended approval of this request. Mr. and Mrs. Wilbur Jo!mcr stated they have made significant improvaments to the structure and do net feel the proposed use would be detrimental to adjacent or area properties. Mr. Joyner stated area residents were contacted and do not object to the improvements or the proposed use. ge submitted photographs of the rehabilitated structure. There was no opposition present. On motion cf Mr. Mayes, seconded by Mr. Applegate, the Board approved the request. Vote: Unanimous $6S147 In Clover ~ill Magisterial District, S & B DEVELOPMENT COMPANY OF VIRGINIA requested rezoning from Agricultural (A) to Residential (R-9) on a 32 acre parcel fronting approximately 98 feet on the west line of Sunset Hills Drive, 1,100 feet north of Sunset Hills Terrace, and lying approximately 200 feet off the south line of West Providence Road. Tax. ~ap 38-14 (1) Part of Parcel 1 (Sheet 14). Mr. Peele stated the Planning Commission recommended denial of the request for rszoning from Agricultural (A) to Residential (R-9) and the proffered condition and approval of Residential (R-12). He stated subsequent to the Planning Co~ission's action the developer submitted a revised proffered condition for an average lot size of 16,000 square feet with no more than 68 lots for the subject project. ~e stated staff is of the opinion that the revised proffered condition minimizes oonoern~ relative to density and lot sizes and, therefore, recommends approval of Residential IR-9) zoning and acceptance of the revised proffered condition. ~Lr. Pat Bows stated the recorm~endation is acceptable. There was no Opposition present. Mr. APDlegate stated he felt the revised proffered condition adequately mitigates concerns relative to density and lot sizes and will make the new development compatible with existing adjacent and area subdivisions. On motion of Mr. Applegate, seconded by Mr- Daniel, the Board approved Residential (R-9) zoning and acceptance of the following proffered condition: 86-935 An average lot size of 16,000 square feet with no more than 68 lots. This is an overall density of 2.1 units per acre. vote: Unanimous 86s150 In clover Hill Magisterial District, EAST COAST OIL CORPORATION requested rezoning from Community Business (B-2) to General Business (B-3) on a 0.9 acre parcel fronting approximately 185 feet on the north line of Mull Street Road, approximately 640 feet west of Courthouse Road. Tax Map 49-7 (1) Parcel 35 (Sheet 14). Mr. Peele stated the Planning Commission recommended approval of this request, subject to a single condition and acceptance of the applicant's proffered condition. Mr. Brian Conran stated the recommended condition is acceptable. Ther~ was no opposition present. In response to a question by Mr. Applegate, Mr. Conran stated he and the adjacent property owner to the north had net had any further contact relative to the fence. Mr. Applegate stated he had not been contacted relative to the matter either. On motion of Mr. Applegate, seconded by Mr. Daniel, the Board approved this request, subject to the following recommended condition and acceptance of the proffered condition: CONDITION A fifteen (15) foot buffer shall be maintained along Route 360. This buffer shall be landscaped so as to minimize the view of driveways and parking areas from Route 360. Other than util- itiem and two entrance/exits, there shall be no facilities permitted in this buffer. One entrance/exit shall be located toward the eastern property line and the second entrance/exit shall be located so as to be shared with the adjacen~ property to the west. (P) PROFFERED CONDITION A fence shall be installed along the north side of the proposed car wash. This fence shall be required for one (1) year from the da~e of appreval of this request or until such time as adjacent property to the north of our property is transferred from Frank R. and Nellie T. Dowd to someone else; whichever occurs first. Vote: Unanimous 86S151 In Bermuda Magisterial District, THOMAS F. BECK requested amendment to Conditional Use Planned Developments (Cases $65057 and 86S094) relative to buffer requirements in a ~eneral Business (B-3) District on a 3.55 acre parcel fronting approxi- mately 280 feet on the west line of Jefferson Davis Highway, als, fronting approximately 365 feet on the south line of Drewrys Bluff Road, and located in the southwest quadrant of the inter- section of these roads. Tax Map 67-3 (1) Parcel 51 (Sheet 23). ~r. Peele stated the Plar~ing Commission reco~ended denial of this request. Mr. Leslie Saunders stated that, should the Board see fit to approve this request, the condition recommended by staff is acceptable. 86-936 Mr. John Moeeley stated that he felt the Board should consider requiring the applicant to install the fence first and plant the buffer. He stated the applicant has historically not complied with conditions of zoning and if he were to agree to such action it would be an indication of good faith. Mr. Saunde~s stated the applicant would be agreeable to a thirt (30) day deferral se that the fence can be installed. On motion of Mr. Dodd, aeconded by Mr. Daniel, the Boar deferred consideration of this recPles% until January 28, 1986, with the understanding that the eight (8) foot high solid board fence and plants along the southern p:operty line be installed within this period of time. Vote: Unanimous 865152 In Dale Magisterial District, BLANEY BUILDERS reguested rezoning from Agricultural (A] to Residential (R-9) on a 7.9 acre parcel lying approximately 200 feet Off the eastern terminus of Fairpines Road. Tax Map 51-10 (1) Parcel 6 (Sheet 15). Mr. Peele stated the Planning CoK~%issien recommended approval of this requesK, subject to a single condition. Mr. Blaney stated the recommended condition is acceptable. There was no opposition present. On motion of WLr. Daniel, seconded by Mr. Applegate, the Board approved this request, subject to the following condition: A thirty-five (35) foot building setback line and buffer exclu- sive of utility easements shall be p~evided on all lots adjacent to Fairpines Road. The area within this buffer shall be planted and/or le~t in its natural state if there is sufficient vegetation to provide adequate screening. Nc individual lot access to Fairpines Koud is permitted, within thirty (30) days of tentative subdivision approval, the developer shall flag this buffer for inspecKion by the Planning Department. If sufficient vegetation does not exist, a landscaping plan shall be approved by the Planning Department and a bond posted to eove~ the cost of implementing the plan prior to recordation, This building line and boiler shall be noted em iinai check and record plats. The Planning Commission may a~end this condition at the time of tentative subdivision approval. (P) 86S153 In Midlothian Magisterial District, COUNTRY FAP/ES CONVENIENCE MARTS ASSOCIATES requested rezoning from Agricultural (A} to Convenience Business (B-l) with Conditional Use Planned Development on a 0.9 acre parcel fronting approximately 215 ~eet on the south line of Robious Road, approximately 680 feet west o Cranbeck Road. Tax Map 9-13 (1) Parcels 2 and 3 (Sheet 3). Mr. Peele stated the Planning Commission reco~e~ded approval of this request, subject to certain conditions. Mr. John Dicks, III stated the recommended conditions were acceptable. On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved this request, subject to the following conditions: 1- The ~ollcwing conditions notwithstanding, the plan prepared 86-937 by J.K. Timmons and Assooiate~, P.C., revi~ed November 14, 1986, shall be considered the Master Plan. (P) 2. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestri- an access. Parking areas and drives shall he set back fifteen (15) feet from the western property line and buildinqs shall be set back a minimum of thirty (30) feet from the western property line. (~) (Note: At such time as Dum_brook Road is to be constructed to State Standards and become a public road, the Zoning Ordinance will require a minimum right of way of sixty (60) feet. The recommendation assures proper setbacks should Dunbrook Read ever be taken into the State System.) 4. The exact location and design of the gas pumps and canopy shall be determined at the time of schematic plan review. The gas pumps and canopy shall be located a minimum of twenty-five (25) and twenty-two (22) feet, respectively, from the western property line. 5. A thirty (30) foot buffer shall be maintained along the southern boundary of the site. This buffer shall consist of landscaping, having a sufficient initial height and of a species which will provide year-round screening. Other than utilities which run generally perpendicular through the buffer, there shall be no facilities permitted in the buffer. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with iinal site plan review. 6. All structures shall have an architectural style as de- picted in the elevations prepared by J.K. Timmens and Associates, P.C., dated September 19, 1986. The roof~ shall be covered with wood shingles. The front, side, and rear walls shall be constructed with brick. (P) 7. Landscaping Requiremenhs. A. Arterial Frontaqe Landscaping. (1) Landscaping shall be reeD/ired alon~ Robious and Dunbrook Roads as fcllow~: (a) At least one large deciduous tree for each fifty lineal feet and at least one evergreen for each thirty lineal feet shall be planted within the setback area. (b) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each fifteen lineal feet shall be planted within the setback area. (d) Low shrubs and ground cover shall be rea- ~onably dispersed throughout the setback OR: (a) (b) A minimu~ three (3) foot high undulating berm, and At least one small deciduous tree for each fifty lineal feet and at least one evergreen 86-938 for each fifty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each twentF lineal feet shall be planted within the setback area. (d) Low shrubs and ground cover shall be rea- sonably dispersed throughout the setback area. (H) Landscapinq Standards ~or Parkinq Areas. (1) Interior marking area landscaping. (a) The parking area shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of 100 square feet and have a minimum dimension of at least ten feet. (b) The primary landscaping material in the parking areas shall be trees which provide shade or are capable of providing shade at maturity. Each landscaped area shall include at least one small tree. The ~o~al number of trees shall not be less than one for each 200 square feet, or fraction thereof, of required interior landscaped area. The remaining area shall be land- scared with shrubs and other vegetative material to complement the tree landscaping. (c) Landscaped areas shall be reasonably dis- persed throughout, located so as to divide and break up the expanse o~ paving. The area designated as required setbacks shall net be calculated as required landscaped (2) Peripheral parking area landscaping. A landscaped strip at least ten feet in width shall be located between the parking area and the eastern property line, except where driveways or other openings may be required. Continuous hedge forms or at least one small tree ehall be planted in the landscaped strip ~or each flfty lineal feet. (P) Exterior lighting shall be arranged and ins=ailed ac that the direct or reflected illumination does not exceed 0.5 foot candles above background lighting, measured at the lot line of any adjoining residential or agricultural parcel or public right of wa~. Lighting shall be of a directional type capable of shielding the light source from direct view. A lighting plan shall be submitted to the Planning Department ~or approval in conjunction with final site plan review. (P) Except as s~ated herein, signs shall comply with the requirements of the Special Sign District for shopping centers in a Convenience Business (B-I) District. The height of the freestanding sign shall not exceed twenty (20) feet. The convenience store building-mounted sign shall not exceed an aggregate area of sixty-six (66) square feet. Landscaping shall be provided around the base of the ~reestanding sign. Sign colors and style shall be compatible with the architectural style of the buildings. Prier to erection of any signs, a plan 86-939 depicting these requirements shall be submitted to the Planning Department for approval. (Note: This condition would permit only one freestanding sign.) Prior to the issuance of a building permit, forty-five (45) feet of right of way, measured from the centerline of Rcbious Road, shall be dedicated to and for Chesterfield County, free and %unrestricted. 11. Prior to the issuance of an occupancy permit, left and right turn lanes along Robious Road shall be installed, as deemed necessary by the Transportation Department. (T) 12. Access to Robious Road shall be located as reflected on the Master Plan. (T) (Note: The exact location and design of access will be determined at the time of schematic plan review. Prior to obtaining final site plan approval or obtaining building permits, schematic plans must be approved by the Planning Conm~i~ion.) Vote: Unanimous Mr. Mayes commended Mr. Dicks' diligent efforts with the involved parties to resolve issues and concerns relative to this request prior to its being submitted to the Board for a decision. With respect to Case 86S120, Mrs. Girone stated the request was deferred sixty (60) days, at which time there is no zoning session. She stated she would like to confer with the developer to determine which timeframe is acceptabl~ with respect to a January or February meeting. Mr. Dodd ruled that the redefinition of the deferral timeframe would be clarified at the 7:00 p.m. session. 14.J. EX~CUTIV~ $E$$I~ On me,ion of Mr. Daniel, seconded by Mr. ADplegate, the Board went into Executive Session to consult with legal counsel concerning Cullather versus the County, and to discuss the condition, use and acquisition of re&t property ~oD public purposes, pursuant to Sections 2.1-344 (a) {6) and (2), respectively, of the Code of Virginia, 1950, as amended. Vote: Urk%~imo~s The Board recesssd at 4:45 p.~. to travel to MaGnolia Grange for a dinner meeting at 5:00 p.m. with the Chesterfield County Legislative Delegation to discuss the 1987 Legislative Program. Reconvening: 5. DINNER~ETINGWIT}~ L~T~LATI~ DELEGATION TO DISCUSS 1987 LEGISLATIVE PReGO/tM Mr. Dodd welcomed 2he Legislative Delegation who was present to discuss the 1987 Legislative Program. Mrs. DeHart presented each item and discussion ensued as to the type of action to be taken on each proposal, sponsorship, etc. (A copy of the program is filed with the papers of this Board.) Extensive discussion ensued regarding legislation to grant a 86-940 charter to the CountT of Chesterfield, which was approved BT referendum on November 4, 1956. It was the general consensus that the charter should he submitted as approved hy the referendum and that the Delegation should unsnimously support it. There wa~ further discussion relative to the charter with respect to the following: 1) should it be determined that amendments to the charter are necessary, said amendments should be presented to the citizens for vote; 2) if a~e~dments are necessary, the language of said revisions should be channeled through Mrs. Doris DeHart to the Board members; 3) if there are changes in 1987 legislation the charter must reflect those changes; and 4) the charter must be submitted as approved by referendum - that the Delegation has no authority to modify the charter before it is introduced to the General Assembly. In addition to the proposed program, items relative to the General Standard~ for Permitting and Operation of Construction-Demolition-Debris Landfills, Basic School Aid Formula for Growth Counties, and a request for State Financial Assistance for an Addition to the County Jail and Additional Positions for the Sheriff's Department were added. The Board expressed its appreciation for the attendance, diligent efforts and cooperation of the Delegation with respect tO these issues. The Board recessed at 6:55 p.m. to travel to the Courthouse for its regularly scheduled meeting at 7:00 p.m. Hr. Dodd called the regularly scheduled meeting to order at the Courthouse at 7:10 p.m. (EST). AS a point of clarification with respect to zoning Case 86S160, Mrs, Giro~e stated consideration of the request is deferred until February 25, 1987. 6. APPROVAL OFMINUTES On motion Of ~S. Girone, seconded by Mr. Applega~e, the Board approved the minute~ of November 26, 1986, as submitted. Vote: Unanimous 7. CO~ ADF~INISTRATOR'S COMMENTS Mr, Masden introduced Ms. Kathy Winchester to whom he presented the Ecology Award, for her outstanding accomplishments at the Bermuda Run Apartment Complex, from the Keep America Beautiful National Awards program conducted in Washington, D.C, The Board commended Ms. Winchester on her achievement~ and well-deserved receipt of the award. Mr. Sale introduced Mr. Thomas Jacobsen, recently employed Director of Planning, and outlined his educational and professional experience. The Board welcomed Mr. Jacobsen to the County. 8. ~OARD C091MI'~-l'~ REPORTS Mr. Daniel, Mr. Applegate and Mr. MaTes stated they attended the Fireman's Graduation Exercise which was very impressive and indicative of the excellent leadership of the County's Fire Department. 86-941 Mrs. Girone welcomed and introduced members of the Webelof Den 91 of Cub scout Pack 892 from Greenfield Elementary School and their advisor, Mr. John Easter, who were present observing the meeting. Mrs. Girone stated she attended a meeting concerning the location of the Robious Fire Station, the decision cf which has been deferred for sixty (60) days; attended the Chesterfield Meadew~ Shopping Center ribbon cutting ceremony; met at the Midlothian Middle School for her "First Monday" meeting to discuss the Izaak Walton Park, Inc. zoning request; served on a Style Magazine committee to select the "Richmonder of the Year", which will be announced in the January 8, 1987 edition cf Style Magazine; attended a Richmond Noundtable Planning Committee meeting, sponsored by the Richmond First Club, whose next meeting will be held in February, 1987; attended the Firemen's Graduation Exercise; attended the MaY~ont Board meeting; attended a Virginia Association of Counties committee meeting in Roanoke, Virginia, at which the issue of annexation was discussed; and attended a meeting with Mr. Applegate and Brandermill committee chairmen regarding the Brandermill sewer. Mr. Dodd stated he attended the Chesterfield Meadows Shopping Center ribbon cutting ceremony and met with the Enon Optimist Club, He stated he has been informed that the City of Ropewell and Hanover County plan to Join in the James River Port study, which he feels will be most beneficial to all involved. 9. ~EQ~ESTH TO PO~'£MONE ACTIONr E~ERG~NCY ADDITIONS ON C%qANGES IN ~ ORDER OF I~KS~NTATION On motion of the Mr. Daniel, seconded by Mr. Applegate, the Board added Item ll.B., Petition from Members of the Circle and Swing Square Dance Club, and changed Item i1., Mrs- Patricia Faye Sutton - Claim for Damage to Bicycle to Stem ll.A.~ added Item 14.E.6., New Positions for Community Development Depart~ents~ ad~ed Item 14.G.4., Policy for State Reimbursement for Jail; and noted revised Item 14.C., Request for Additional Deputies for Jail Security; and adopted the agenda, as amended. Vote: Unanimous 10. I~ESOLUTIONS OF SPECIAL ~ECOGNITION 10.A. MR. R0~ALD E. ELIA$~Kr UPON R~CEIVING RANK OF EAGLE SCOUT Mrs. Girone introduced Mr. Ronald Eliasek, 5ir. William Meyer and Mr. Micky Ziadeh and their respective families and Scout Master whom she sta~ed were a tremendous influence on the achievements of these young men. On motion of the Board, the following resolution was adopted: WHEREAS, Rcnald E. Eliasek, son of Mr. and Mrs. Ron E. ~liasek of 12129 Wexwood Drive, has attained the rank of Eagle Scout, which is the highest rank awarded to a young man in the Boy Scouts of America; and WHEREAS, Ronnle has been a member of Troop 893 sponsored by St. Edward's Ca~holic Church in Chesterfield County, Virginia since August, 1982; and WHEREAS, Ronnie graduated at the top of his class, had a perieot attendance record, received the Presidential Academic Fitness Award, received Science, Math, Engineering and social Studies Achievement Awards; and WHEREAS, Growing through his experiences in Scouting, learning the lessons of responsible citizenship and priding himself on the great accomplishments of his County, Ronnie is 86~942 indeed a member of a new generation of prepared young citizens oi whom we can all be very proud. NOW, THeReFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Ronald E. Eliasek and acknowledges the good fortune of the County to have suoh an outstanding young man as one o~ its citizens. Mrs. Girone presented Mr. Elia~ek with the executed re~olution and congratulated him on his achievement. 10.B. 5. WILLIAM S. MEYER~ UPOH RECEIVING RANK OF EAGLE SCOUT On motion of the Board, the following resolution was adopted: WHEREAS, William S. Meyer~ son of Mr. and Mrs. Albert Meyer of 2030 Leovey Lane, has a~ained the ~ank of ~agle Scout, which is the highest rank awarded to a young man in tko Boy Scouts of America; and WHEREAS, Willie has been a member of Troop 893 sponsored by S~, Zdwa~d's Catholic Church in Chesterfield County, Virginia ~inee May, 1982; and WHEREAS, Willie was awarded the Ad Altare Dei, was recog- nized for his outstanding work in photography, received the Honor Patrol Award and was recently chosen to attend the World Jamboree in Australia in December, 1987~ and WHEREAS, Growing through his experiences in Scoutingl learning the lessons of responsible citizenship and pridi~ himsel~ on the ~reat aeeompliehment~ of hi~ County, Willie i~ indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, T~Pd~FOR~ ~ I~ RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to William S. Meyer and acknowledges the good ~ortune o~ the County to have such an outstanding young man aa one of its citizens. Vote: Unanimous Mrs. Girone pre,eared Mr, Meyer with the executed resolution and congratulated him on his achievement. 10.c. MR. MICKY J. MIAD~ UPO~ R~C~IViNG RANK OF EAGLE SCOUT On motion of the Board, the following resolution was adopted: W~REAS, Micky J. Ziadeh, son o~ Mr. and Mrs. Joseph Ziadeh of 2501 Corner Rock Road, has attained the rank of Eagle Scout, which is the highest rank awarded to a young man in the Boy scouts of America; and WHEREAS, Micky has been a member of Troop 893 sponsored by St. Edward's Catholic Church in Chesterfield County, Virginia since March, 1983; and W~EREAS, ~icky was awarded the Ad Altare Dei, was one o~ two soouts in Troop 893 to receive the American Cultures Merit Badge, was the first to receive the Interpreter Stripe in Troop 893 and was awarded several academic achievement awards; and W/4EREAS, Growing through his experiences in Scouting, learning lessons of responsible citizenship and priding himself on the great accomplishments of his County, Micky is indeed a member of answ generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mieky J. Ziadeh and acknowledge~ the good ~ortune of the County to have such an outstanding young man as one cf its citizens. Vote: Unanimou~ Mrs. Girone presented Mr. Ziadeh with the executed resolution and congratulated him on his achievement. 10.D. CHESTERFIELD/COLONIAL HEIGHTS CRIME SOLVERS FOR THEIR SUCCESSFUL PRO~PJ~M Chief Pittman introduced Hr. Roy Fleming, President of Crime Solvers, Incorporated, Sergeant Jim ~ourque an~ Inve~tlgator A1 Thompson, co~m~ending them for their diligent efforts and dedication which have resulted in a highly successful program. Mr. Daniel cormmended the participants in the Crime Solvers Program for their enthusiasm, kindred spirit and dedication. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Police had the foresight to recognize the potential of a new concept in the fight against crime and joined with a group o£ citizens and the media to introduce the concept of Crime Solvers, Inc. into Chesterfield County; and WHEREAS, the Chesterfield County Police Department coor- dinates the program and works closely with the citizens' orga- nization and the media in this highly successful venture; and W~EREAS, Crime Solvers, Inc. has significantly contributed to the successful resolution of over 350 crimes in less than three years of operation and recovered or removed over $400,000 in stolen property or illegal drugs from the communities of Chesterfield County and Colonial Beight~; and WHEREAS, Crime Solvers, Inc. has proven that citizens, police and media, in a cooperative effort, can significantly impact crime in Chesterfield County and Colonial Heights. NOW, THEPdZFOR~ BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its appreciation and gratitude to the Chesterfield County Police Department, and in particular, ~o Sergeant Jim Bourgue and Investigator Alan Thomps( for coordinating the program and to the Board of Directors of Crime Solvers, in particular, the President, Mr. Ray Fleming and his officers, Mr. Michael MacNeilly, Mr. Paul Carnes, Mr. Buddy Fox and all members of the chesterfield/ Colonial Heights Crime Solvers, Inc. organization and to the media for their efforts toward a safer community. AND, FURTI~EH BE IT R~gOLV~D, that the Chesterfield County Board of Supervisors acknowledges its good fortune in having such an excellent Police Department and organization az Chesterfield County/Colonial Height~ Crime Solvers, Inc. supporting the community. Vote: Unanimous Mr. Daniel presented Mr. Fleming with the executed resolution and congratulated the group on the success of the program. 86-944 10.E. MR. FRANK BRYAI~T FOR HIS ORGANIZATION OF NEIGF~BOP~HOOD WATCH PROGRAMS IN BEEi~3DA DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Frank Bryant is a resident of Chesterfield County, a former employee of Allied Chemloal Corporation, serves as vice-President of the Allied Chemical Corporation Retirees and is the Chairman of the Membership Committee of the Enon Civic Association; and WHEREAS, Mr. Bryant has exhibited outstanding organizational and leadership qualities being instrumental in the establishment of more than thirty Neighborhood Watch Programs in the Bermuda District of Chesterfield County~ and WHEREAS, Mr. Bryant is presently serving aE the Chairman of the Enon Neighborhood Watch Program which was established in 1985; and WHEREAS, Mr. Bryant has donated his time unselfishly to aid in making Chesterfield County a safer community in which to reside, work and engage in recreational activity; and W~REAS, Mr. Bryant has been recognized by the C~timist Club for his devotion to the Neighborhood Watch Program and efforts to protect his community ~rom harm, NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Frank Bryant for his outstanding service to the citizens of the Bermuda District and Chesterfield County. Vote: Unanimous Mr. Dodd presented Mr. Bryant with the executed resolution and expressed appreciation for his valuable contributions and devotion to the Neighborhood Watch Program and his community. He introduced Mrs. Bryant, who was also present. Fir. Bryant expressed his appreciation to Mr. David Bauer, Sergeant Jim Bourque, Sergeant George Fisher and Investigator A1 Thompson for their support and assistance with the Neighborhood Watch Program. 10.F. PRESENTATION TO THE CHESTERFIELD HISTORIALBDCIETY BY T5~ AMERICAN ASSOCIATION FOR STATE A~D LOCAL HISTORY On behalf of the American Association for State and Local ~istory, Mr. Dodd presented a certificate for an award of commendation for rapid development of a local history program to Mrs. Lucille Moseley and Mrs. Arline McGuire, in recognition of the Chesterfield County Historical Society for its demonstration of a high level of professionalism and significant growth in their mission and goals in promoting history and preserving iml3ortant historic objects and sites. Mrs. Mc~uire expressed appreciation not only for the recognition but also the support of the Board of Supervisors and Administration. 11. HEARINGS OF CTTTZENS ON DNS~u~UI~EDMA~-r~KS OR CLAIMS ll.A. MS. PATRICIA FAYS SUTTON - CLAIM FOR DAMAGE TO BICYCLE Er. Micas briefly explained the claim from Ms. Patricia Fays Sutton relative to damages tO her daughter's bicycle, which damages were incurred during participation in a Parks and Recreation Department sponsored event. He stated staff's review of the matter has not established any negligence by the County ncr does he feel the County is legally liable for the damage to the bicycle. He stated, additionally, prior to the sponsored event, Ms. Sutton signed the County's standard form releasing 86-945 the County from liability for any loss arising out of the trip and recommended the claim be denied. No one came forward to address the matter. on motion of the Board, the claim from Ms. Patricia Fays Sutton for damages to a bicycle belonging to her daughter, SanDse Robertson, in the amount of $150, wa~ denied. PETITION FOR FINANCIAL ASSISTANCE FROM MEMBERS OF THE CIRCLE AND SWING SQUARE DANCE CLUB Mr. Carroll Rodgers, representing the Circle and swing Square Dance Club, pre~ented an appeal to the Board for financial assistance to alleviate the fees assessed monthly, by the County, for the Club's use of public school facilities for dance classes and dances. Me stated as taxpayers the me~er~ are requesting that the Board consider assistance in the amount of $1,200 ($100. monthly) for the 1987-88 budget, as the organization provides entertainment at no cost for citizens of all ages for various events throughout the County (parks, nursing homes, Camp Baker, Christmas Mother Program, etc.). Mr. Applegate skated he felt the use of public facilities should be available to the citizen~ and the School Board should be made aware of this group's plight and address the situation as part of its ongoing progrsJ~s. Mr. Dodd agre~ and stated he felt it appropriats for Mr. ~edrick or designated staff to meet with tke School Administration to work out a suitable arrangement to consider reducing the fee assessments. Mrs. Givens stated she, too, felt citizens should be able to utilize the school facilities for such events. Mcr. Mayas stated he fel~ there should be an established policy to govern such issues and suggested a meeting be scheduled to discuss the matter. Mr. Dodd stated he felt Mr. Medriek and Dr. Sullins should meet to discuss the matter and Mr. Stith would be in touch with Mr. Rodgers concerning the mud%er. 12. DEFERRED I~ 12.A. S~ DATE FOR WORK SESSION ON UTILITIES EXTENSION/ ECONOMIC DEVELOPMENT It was generally agreed to set December 15, 1986, at 10:00 a.m., in the Administration Building, Room ~02, for a work session to discuss ~he proposed Utilities Extension/Economic Development policy. 12.B. APPOINTMENTS PERSONNEL APPEALS BOA~D on motion o~ Mr. Applegate, seconded by Mr. Dodd, the Board reappointed Mr. Robert Allen to the Personnel Appeals Board, whose term is effective January 1, 1987 through December 31, 1989. Vote: Unanimous 12.B.2. NOMINEES TO DRUG ABUSE TASK FORCE On motion O£ Mr. Dodd, seconded by Mr. ApDlegate, the Board nominated the followinq persons to serve on the Drug Abuse Task 86-946 Force, whose formal appointments will be on Sanuary 14, 1987: Mr. Ralph Jo~es Bermuda District MS. Brenda Briggs School Administration Vote: Unanimous Mr. Daniel stated nominations for the Dale District would be deferred u/ltil December 15, 1986. 13. ]~BLICHF2U~I~GS o PUBLIC E~ARING TO CONSIDER A~ OP, DINAi~CE TO AMEND THE CODE OF THE COUNTY OF C~ESTERFIELDr 1978r AS AMENDED~ BY A~DING SECTION 20-1.30:01~ RKLATI~G TO MA~DATOR~ WATER CONNeC- TIONS Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance to amend the Code of the County relative to mandatory water connections. No one came forward to address the matter. On motion of Mr. Mayes, seconded by ~r, Applegate, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING SECTION 20-1.30:01 RELATING TO ~A~DATOKY WATER CONNECTIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 20-1 of the Code of the County of Chester1 field, Virginia is amended and reenacted by adding the following section: Sec. 20-1.30:01. Mandatory Water Connee~_on.s.in Certain Areas. (a) All existing structures in the mandatory connection area, as defined by subseetie~ (c) herein, which obtain their water supply from wells, whether in actual use or not, shall connect to the public water system within ninety (90) days of the effective date of this ordinance. (b) Ail structures under construction or for which a building permit is obtained after November 12, 1986, shall connect to the County water system. (c) For tho purposes of this section only, the mandatory connection area shall be described as follows: Beginning at the southern corner o~ the Chesterfield County Chester Landfill at its point Of intersection with Bradley's Bridge Road; ~hence westwardly to the ~outhwest corner of said land~ill; thence northwardly along the western property line of said landfill to the northwest COrner of said landfill; thence eastwardly along the property line of said landfill ~o its intersection with the 50~ right of way; thence northwardly along said right of way to its intersection with carver Heights Drive (Rte. 708); thence eastwardly along Carver ~eights Drive to its intersection with the western property line of the Carver Home Sites subdivision; thence northwardly along said subdivision property line to its intersection with Iron Bridge Road; thence eastwardly along the southern right of way of Iron Bridge Road to its intersection with the eastern property line of Tax 114-15 Parcel 4; thence southwardly along the said eastern boundary to thc southeastern corner of the same property; thence 86-947 westwardly along the se~thern property line of said property to its intersection with the western property line of Tax Map 114-16 Parcel 1; thence southwardly along said property line of Tax Wap 114-16 Parcel 1 to its point of intersection with W. Hundred Road; thence eastwardly along the southern right of way of W. Nundred Road to its point of intersection with the north- east corner of Tax Map 114-16 Parcel 7; thence in a southeast direction along the boundaries of Tax Map 114-16 Parcel 7 to its terminus at the southeast corner of said property; then centinu-i ing scuthwardly along the eastern property line of Tax Map 114-16 Parcel 14 and continuing southwardly along the eastern property line of Tax ~ap 131-4 Parcel 58 to its point of termi- nus at the southeast boundary of Tax Map 131-4 Parcel 58; thence westwardly along the southern property line of Tax Map 131-4 Parcel 58 to its intersection with Branders Bridge Road; thence southwardly along the eastern right of way of Branders Bridge Road to its point of intersection with the V~PCO Right of Way, as shown on Tax Maps 131-4 131-8; thence scuthwardly along the western line of said right of way to its intersection with the southeast corner of Tax Map 131-8 Parcel 4; thence westwardl¥ along the southern property line of said parcel to its terminus at the eastern property line of Tax Map 131-7(1) Parcel 21; thence northwardly along said eastern line to its point of intersection with Bradley's Bridge Road; thence wsstwardly along the southern right of way of Bradley's Bridge Road to its point of intersection with the southern corner of the Chesterfield County Landfill, the point of begir~ing. (2) This section shall become effective upon passage. Vote: Unanimous 14. 14.A. POLICE AVIATION MUTUAL AID AGREEMENT Chief Pittman stated the Police Department has been negotiating an arrangement with Henrico County's Division of Police to create a joint aviation unit which would support the aerial law enforcement activities of both jurisdictions. He stated the City of Richmond has also requested to participate in this activity, with each of the three participating jurisdictions paying a one-third share of operating eosts~ pursuant to a ~utually agreed upon arrangement. He stated the creation of the unit will permit Chesterfield to significantly enhance its aerial law enforcement capabilities at a relatively iow cost and without the necessity of purchasing and maintaining expensive equipment. He explained staff assignments to the aviation unit, utilization of the program on a rotating basis of one out of every three days for an eight hour shift, the impact on service levels which will be minimal, the use of overtime which is intended to offset the staff shortage, and priority response to incidents, etc. He added further that the cost cf operating fixed winged aircraft is substantially less than the cost of operating a helicopter. Mrs, ~irone stated staff has advised that, although funds are budgeted for fiscal year 1986-87 for this project, there i~ no new money available for the next fiscal year and cautioned that approving this program will affect next year's priorities. Applegate stated he felt the funding is relatively inexpensive for the benefits the program will ultimately achieve. Mr. Dodd commended Chief Pittman for his efforts on obtaining an agreement to provide this service. On motion of Mr. Applegate, seconded by Mr. Daniel, the Board 86-948 approved and authorized the Chief of Police to execute the necessary documents to enter into police Mutual Aid AgreeMents with Henrico County and the City of Richmond to create a joint aviation unit, the purpose of which woul~ be to support certain aerial law enforcement activities of both Counties and the City, which funding in the a~ount cf $46,000 was appropriated for the fiscal year of 1986-87 during the previous budget process. Vote: Unanimous (A copy of said agreement is filed with the papers o~ this Board.) DESIGN/CONSTRUCTION OF STATE 20~ZCE HA~GA~ Mr. Howell stated the Virginia State Police have requested that the County construct a hangar, which they intend to lease for five (5) years, for their kviation Unit which would provide housing for their 24 hour-per-day Medivac Operations. On motion of Mr. Daniel, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to proceed with the RFP and to negotiate for the issuance of revenue bonds and construction of the project. Mrs. Girone indicated there will be a yearly shortfall and inquired if the mhortfall amount was inclusive in the motion. Mr. Daniel stated his motion was to proceed with the recommendation for the design, building and negotiating of financing for the facility as written in the Board paper. Mr. ~edrick stated staff felt there will be a $3,900 a year impact that will be taken from the Airport budget. Thers was further disoussio~ oh Where the shortfall would eventually come, the current subsidy of the current operation, the existing facility utilized by the State Police, the ne~d to bring the negotiated contract back to the ~card under the current motion, etc. Mr. Applegate moved a substitute motion to approve and authorize the County Administrator to proceed with the RFP and to negotiate and execute the appropriate documents for the issuance of revenue bonds and construction of the project and to authorize staff to move forward, with the understanding there may be a shortfall of $3,900 annually. He stated the additional revenue generated by the rent of the old facilities should cover the shortfall. Mr. Sink stated the shortfall is short-term, as a hangar cannot be built and paid for within 5-10 years, primarily because of financing. Mr. Daniel stated he felt the issue should ~e tied down as to shortfalls, etc., before the contract is approved. Mrs. Girone seconded the substitute motion. A vote on the substitute motion was as follows: Vote: U~animous 14.c. REQUEST FOR ADDITIONAL DEPUTTE$ FOR JA~L SECUI~ITY Mr, Hammer stated the Board Of Supervisors is requested to request funding ~rom the State Compensation ~oard and State Department of Corrections and receive possible grant funding for construction of an annex to the prssent jail facility, and the funding of six new Deputy positions for the Sherif~ to provide additional jail security and handle breathalyzer and bookin~ 86-949 functions which will be transferred from the Police Department to the Sheriff's Office. Mr. Dodd stated earlier discussions indicated requeet~ for financial assistance would be presented a~ the state Compensation Board meeting on December 23, 1986. Sheriff Wingc explained the study conducted on the present jail staffing and space status indicates it is unlikely the overcrowding situation will be relieved in the pre~ent facility and the requests for additional positions and expansion of the present facilities are critically needed. He stated if the Board were to authorize the hiring o~ six additional position~ effective January 1, 1987, and authorize an appropriation of $67,500 from the General Fund Balance to fund these positions for the remainder of the current fiscal year, the critical staffing problem could be alleviated and security and control would be improved at the facility. He further stated relocating the Magistrates' office and consolidating booking procedures will require a 2,200 square foot addition to the present facility [1,000 square feet for the Magistrates' Office and 1,200 square feet for breathalyzer and booking functions, expanded waiting areas and administrative space), which cost is will range from approximately $220,000 to $280,000. He stated the Department of Corrections may fund up to $100,000 of this cost; however, if the State does not approve the construction funding, the County will have to decide how to fund the Mrs. Sirone stated the Sheriff's Department is not the only department experiencing manpower and space shortages; however, ignoring the budget and Capital Improvements Planning Program processes to ask the Board for funding makes it very difficult to manage the peoples' money. She stated she supports the concept of this request; however, ~inding the money to achieve it will be difficult. Sheriff Wingo questioned if the transfer of the Magistrate's Office to the jail and the booking for the Police Department would be abandoned if the State does not fund the requested positions. Mr. Daniel questioned if a resolution were needed to take to the Compensation Board. Mr. Dcdd stated it would. Sheriff Wingo expressed concerns relative to a timely submission of the resolution to the Department of Corrections requesting funding in the amount of $100,000 toward building the addition to the jail. Mr. Applega=e stated his observation, on the tour he took of the jail, was that bed space is also a critical issue and, based on staff's projections, the County will need a 400 bed facility within the next 5-10 years which would cost approximately $30 million. It was generally agreed discussion of the requests for additional deputies for jail security and funding for an addition to the present jail facilities would be deferred to the December 15, 1986, Board meeting and resolutions would be prepared for presentation to the appropriate State agencies. On motion of Mr. Daniel, seconded by Mr. Mayas, the Board deferred this matter until December 15, 1986. Vote: Unanimous 86-950 14.D. APPOINTMENTS 14.D.1. BOARD OF DIRECTORS OF THE METROPOLITAN RICHMOND CONVENTION AND VISITORS BUREAU Mrs. Girone mtated she felt appointment to the Board of Directors of the Metropolitan Richmond Convention and Visitors Bureau should be an individual who lives in and is actively involved in the local business area and requested that nomination be deferred for thirty days to determine the most qualified candidates. On motion of Fir. Daniel, seconded by Mr. Mayes, the Board deferred nomination to the Board of Directors of the Metropolitan Richmond Convention and Visitors Bureau until January 14, 1987. Vote: Unanimous 14.D.2. COMMUNITY SERVICES BOARD On motion of Mr, Mayes, seconded by Mr. Daniel, the Board nominated the following persons to serve on the Community Services Board, whose formal appointments will be made on January 14, 1987: Ms. Yvette B. Ridley Matoaca District Reverend Malcolm M. Hutton Dale District Dr. Ronald J. Jessup Dale District Mr- Richard A. Nunnally Bermuda District Vote: Unanimous 14.D.3. CITIZENS TRANSPORTATION ADVISORY COM~(ITTEE On motion of Mr. Mayes, seconded by Mr. Applegate, the Board nominated the following persons to serve on the Citizens Transportation Advisory Committee, whose formal appointment~ will be made on January 14, 1987; subject to their willingness to serve: Mr. Cecil R. Maxson, Jr. Dr. Neil J. Humphries Mr. J. Ruffin Apperson M~. Elaine Rubin Vote: Unanimous 14.E. COMMUNITY DEVELOPMENT ITEMS 14.E.1. AGREEMENTS WITH VDH&T AND SOVRAN BANK FOR DESIGN AND CONSTRUCTION OF ALTERNATE ACCESS TO ROUTE 288 On motion of Mr. Applegate, seconded by Mr. Daniel, the Board approved and a~thorized the County Administrator to execute the necessary documents for agreements/contracts with the Virginia Department of Highways and Transportation and with Sovran Bank for the deEig~ and construction of an alternate access to Route 288 in the event the zoning for adjacent development is approved, with approval of said agreements being contingent upon approval of the final form by the County Attorney's Office. It is noted that in the event the zoning is not approved the design and construction contracts will be void. 86-951 14.E.2. INTEREST EARNED ON MATOACA-BERMUDA ROAD RESERVES Mr. Mayes stated in 1984 the Board recognized the need for the grade separation in Ettrick and placed in a Reserve Fund $2.5 million to accomplish the job. He stated this project has not been accomplished by the Highway Department and the people of the Matoaca District are undergoing a disadvantage, without any benefit from the County's attempt to provide them relief. He requeeted the Board divert the proceeds from the interest on this money to the Reserve Account to compensate for the Highway Department's current projected cost of completing the project, as it is anticipated to be $5 million. He stated the Delegation to the General A~sembly has been requested to try to obtain additional money from the State but just in case they are short in what they are successful in obtaining, the interest on this money will help facilitate the completion of that project. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved the allocation of interest earnings on the Matoaca-Bermuda Road Reserve to those projects to help offset the increased coots of the project. Mr. Daniel state~ he sympathized with Mr. Mayes' frustrations with the delays on this overpass or grade separation; however, anytime money is appropriated and has not been used there is a revenue strea~ that flows from it - that revenue stream is in a budget year and the projects compete for it just as any other projects and money is in turn appropriated based on that competition and the revenue is already planned. Ne stated this action, if approved, would set a dangerous precedent for interest from money for other projects. Mr. Applegate stated he agreed with Mr. Daniel in that when the Board approved the budget the interest income from all investments was budgeted to be spent in the ensuing year and was a source of income just like tax revenue and any other form of income. He stated to approve this would only mean the taking cf $200~300,000 away from some other budgeted item. Mrs. Girone stated she felt the Board made a corm~itment to help Mr. Mayes achieve this project and that it was appropriate to assign the interest from that money to thio project. She stated this situation has existed for 20 or 38 years, this is the closest the situation has ever been to being resolved, there is a design and the State has been asked for the balance of the funding and if the interest is left in =he General Fund, it may go to another project. Mr. Mayes stated the reason why the $4.5 million was set aside was so the people of Matoaca would vote for the bond issue for $22 million and the bond issue of Route 288 for $30 million. He stated he is only asking that the people of Matoaca be given the benefit of that money. Mr, Appleg=te stated the total project cost has now gene to $5.5 million and if the Board approved the request, the project would still be $3 ~ million short. He stated these funds are already budgeted. Mr. Ramsey stated that was correct. ~r. Ramsey explained in detail the interest income, how all interest is accounted for, the construction time on projects and how estimated revenue is budgeted based on those calculations, Mr. Mayes questioned how the County knew the project would not begin and funds would not be expended. Mr. Ramsey stated it was staff's judgment the money could not be spent quickly because the project could not be designed, bid and constructed so q~ickly and only as the project proceeds are bills submitted and County cheeks issued. Be stated the County must ensure that the money is available but the County has the use of that money for investment as long as it in in the County treasury. Mr. Mayes 86-952 stated he felt as long as the money is not being used it can be placed in the reserve fund. Mr. Daniel stated the appropriate time to bring up such an issue would be at budget time when all projects stand in competition for funds for that particular budget year. Mr. Mayes called for the guestio~, as he felt the issue had been fully substantiated. Mr. Dodd questioned the source of the $200-230,000 interest if the Board were to approve the request. Mr. Bedrick stated the General Fund Balance. Mr. Dodd stated he understoo~lr. ~ayes' concerns; however, people in Che~ter and on Route 10 are suffering and he has to look at what is right for all of Chesterfield County - not just Chester. Mr. Hedrick stated to approve this request would actually reduce the General Fund Balance and increase the reserve for that projeet and at some point in the future the money would be expended on that project. Mr. Mayes stated the resolution, pa~sed at the time the $2.5 million was set aside, indicates that any shortage will come from the General Fund. Fir. Dcdd inquired if the Board felt the County ought to put more money into these projects rather tha~ the State. Mr. Mayes stated the money should be spent for County purposes and one of the County purposes is the grade separation, which this Board, VDH&T and citizens have said should have been done yeais ago. Mr. Dodd stated he understood but Route 10 has been waiting 10 years for its improvements and this action would place the iinancial burden on the County. He stated he felt a tax increase could be imminent, which he did not support. The vote on the motion was as followm: Ayes: Mrs. Girone and ~ir. Mayes. Nays: Mr. Dodd, Mr. Daniel and Mr. Applegate. 14.E.3. STREET LIGHT INSTALLATION COST APPROVAL On motion of Mr. Applegate, seconded by Mr. Mayes, the Board approved the street light installation sos~ for the intersection of Courthouse Road and Newbys Bridge Road (Five Forks), in the amount of $1,545.00, which funds are to be expended from the County Wide Street Light Fund. Vote: Unanimous 14.E.4. STREET LIGHT REQUEST On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved the installation of a street light at the intersection of River Road and Bridle Path Drive, with funds to be expended from the Matcaca District Street Light Funds. Vote: Unanimous 14.E.5. REQUEST FOR REDUCED SPEED LIMIT ON CHESTER ROAD Mr. Daniel supported the resolution for a reduced ~peed limit on Chester Road; however, requested that it be amended to also include a reduction in the speed limit from 55 mph to 45 mph on Route 10 from the Courthouse Road area to the Cogbill Road area. On motion of Fir. Daniel, seconded by Mr. Mayes, the Board adopted the following resolution: 86-953 WHEREAS, the Board of Supervisors of Chesterfield County has received requests from aitizens to reduce the speed limit on Chester Road from Route 10 north approximately 3/4 of a mile near the abandoned Seaboard Coastline Railroad; and WHEREAS, the Board ham also received requests to reduce the speed limit from 55 mph to 45 mph on Route l0 from approximately Courthouse Road to approximately Cogbill Road. NOW, THEREFORE, BE IT RESOLVED, that the Board requests the Virginia Department of Highways and Transportation to reduce the speed limit along Chester Road and Route 10. Vote: Unanimous Mr. Applegate excused himself from ~he meeting. 14.E.6. NEW ~OSITION$ FOR COMMUNITY DEVELOPMENT DEPARTMENTS Mr. Sale explained that due to increases in construction activity throughout the County and in response to recommendations in the Planning Management Study, the ~oard is requested to approve twelve new positions and appropriate $120,900 in revenue and expenditures. Mr. Daniel requested that each departmental request be con- sidered individually. Mr. Hedrick explained briefly the requests from the Building Inspections, Planning and Environmental Engineering Departments, respectively. Hr. Applegate returned to the meeting. On motion of Mr. Daniel, seconded by Mr. Appleqate, the Board approved three new positions for the Building Inspections Deportment, inorease~ the revenue estimates in the amount of $32,300 based on the receipts from the Building Inspections Department based on the current rate structure, amended the personnel complement for the three positions in Building Inspections and increased the expenditures portion of the budget by the corresponding $32,300 for the 1986-87 budget year. Vote: Unanimous There was discussion concerning approval of the requested po~itiens for the Planning and Znvlronmcntal Engineering Departments, relative to fee str~ct~res, recouping of funds if the necessary funding were appropriated from the General Fund Balance, options for repaying the General Fund money if the fee structures are not approved, etc. On motion of Mr. Daniel~ seconded by Mr. Applegate, the Board approved and authorized the County Administrator to advertise six positions for the Planning Department, with funding of those six positions to be generated from the result of a revised structure tha~ will pay for the positions; temporarily appropriated $67,600, which funding will be derived from adjustments in the fee structure; and directed ~he County Administrator to bring back and advertise a fee structure to offset the appropriated funds, and if ~he fee structure is not approved, the approval of the six positions is null and void. Vote: Unanimous On motion of ~r. Daniel, seconded by Mr. Applegate, the Board approved and authorized the County Administrator to advertise three positions for the Env±rer~e~tal Engineering Department, with funding of those thre~ positions to be generated from the result of a revised £ee structure that will pay for the positions; temporarily appropriated $34,700, which funding will be derived from adjustments in the fee structure; and directed 86-954 the County Administrator tc bring back and advertise a fee structure to offset the appropriated funds, and if the fee structure is not approved, the approval of the three positions is null and void. Vote: Unanimous 14.F. SET DATES FOR PUBLIC HEARINGS 14.F.1. SET DATE FOR PUBLIC R~ARING TO CONSIDER CONVEYANCE 0F PROPERTY AT AIRPORT INDUSTRIAL PA~SK TO MR. L. LUCORD, JR. AND AUTHORIZE EXECUTION OF CONTINGENT SALES CONTRACT On motion of Mr. Applegate, seconded by Mr. Daniel, the Board set January 14, 1987, at 7:00 p.m., for a public hearing to consider the conveyance of a 2.8 acre + tract on the east side of Reycan Road at the Airport I~d~strial Park to Mr. L. Lucord, Jr., with Berkness Corporation, Richmond, Virginia and authorized the County Administrator to execute a contingent sales contra~t. Vote: Unanimous SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE TO ENABLE DESIGNATIO~ OF HISTORIC DISTRICTS On motion of Mrs. Girone, seconded by Nr. Applegate, the Board set January t4, 1987, at 7:00 p.m., for a public hearing to consider an ordinance to enable designation of historic districts and/or landmarks. Vote: Unanimous 14.F.3. SBT DATE FOR PUBLIC HEARING TO CONSIDER THROUGH TRUCK TRAFFIC RESTRICTION ON ROBIOUS ROAD On motion of Mrs. Girone, seconded by Mr- ~ayes, the Board se~ February 11, 1987, at 7:00 p.m., for a public hearing to consider restriction of through ~ruck traffic on Robious Road. Vote: Unanimous 14.F.4. SET DATE FOR PUBLIC HEARING EOB CONSIDERATION OF WESTERi~ AR~A LAND USE AND TRAI~SPORTATION PLAN On motion O~ Nr. Mayes, seconded by Nfs. Girone, the Board set the date of January 14, 1987, at 7:00 p.m., for a public hearing to consider adoption of the Western Planning Area Land Use and Transportation-Plan. Vote: Unanimous 14.G. CON~NT ITENS 14.G.1. REQUESTS FOR BING0/RAFFLg PERMITS On motion of Mr. Applegat~, seconded by Mr. approved requests for bingo/raffle permits organizations for calendar year 1987: ORGANIZATION Bensley-Bermuda Volunteer Rescue ~quad Chesterfield Optimist Club, Inc. ~anehester-Richmond Noose Lodge Thomas Dale Musie Booster Club Daniel, the Board ~or the following TYPE Bingo/Raffle Raffle Bingo/Raffle Bingo/Raffle 8~-955 South Richmond Rotary Club Richmond James River Lions Club Rober~ E. Lee - VFW Post 2239 Mcnacan H.S. Athletic Boosterm Virginia Belles Softball Club vote: Unanimous Raffle Bingo Bingo/Raffle Raffle Bingo ACCEPTANCE OF GRANTS FOR SCHOOL SYSTEM On motion of Mr. Applegate, seconded by Mr. Daniel, the Board approved and authorized acceptance of a State grant for in-service programm related to services for the handicapped, in the amount of $12,278, and for a Federal Training Grant, under Title II, BBSA, for teacher certification to teach math and science olammes, in the amount of $21,949, and authorized the necessary accounting entries for said funds. Vote= Unanimous 14.G.3. STATE ROAD ACCEPTAI~CB This day the County Environmental Engineer, ~n accordance with directions from this Board, made report in writlng upon his examination of Glen Oaks Drive, Hamlln Drive, Hamlin Place, Shamark Drive and Hamlin Court in Glen Oaks, Sections 1 and 2, Bermuda Dimtriot. Upon consideration whereof, and on motion of Mr. Applegate, seconded by Mr. Daniel, it im resolved that Glen Oaks Drive, Hamlin Drive, Hamlin Place, Shumark Drive and Hamlin Court in Glen Oakm, Sections 1 and 2, Bermuda District, be and they hereby are established as p~blic roads. And be it further re~olved, that the Department of Transportation, be and it hereby is requested to take into the Secondary Symtem, Glen Oaks Drive, beginning at the intersection with Centralia Road, State Route 717 and running southerly 0.04 mile to the intersection with Kamlin Drivs, then continuing southerly 0.01 mile to tie into proposed Glen Oaks Drive, Glen Oaks, Section 3; Hamlin Drive, beginning at the intersection with Glen Oaks Drive and running westerly O.1O mile to the intersection with Hamlin Place, then continuing westerly 0.05 mile to the intermeotion with Shumark Drlve, then continuing westerly 0.08 mile to the intermeetion with Hamlin Court, then continuing westerly 0.02 mile to tie into proposed Hamlin Drive, Glen Oaks, Section 3; Ha~lin ~lace, beginning at the intersection with Hamlin Drive and running northerly 0.04 mile to end in a cul-de-sac; Shumark Drive, beginning at the intersection with ~amlin Drive and running southerly 0.09 mile, then turning and running northerly 0.09 mile to end in a cul-de-sac; and Hamlin Court, beginning at the intersection with Hamlin Drive and r~nning westerly 0.03 mile to end in a cul-de-sac. This request is inclusive of the adjaoen~ slope, site distance and demig~ated Department of Tranmportation drainage easements. These roads serve 51 lot~. And be it further resolved, that the Board of Supervisors guarantees to the Department ~f Transportation a 50' right-of-way for all of theme roads except Glen Oaks Drive which has a variable 50' to 70' right-of-way. 86-956 These sections of Glen Oaks are recorded as follows: Section ~. Plat Bock 47, Pages 36 & 37, September 24, 1984. Section ~. Plat Book 49, Page 46, May 23, 1985. Vote: Unanimous This day the County EnviroD.~ental Engineer, in accordance with directions from thie Board, made report in writing upon his examination of Wadsworth Drive in Whitestone, Section 2, Clover Hill District. Upon consideration whereof, and on motion o~ Mr. Applegate, seconded by Mr. Daniel, it is resolved that Wadsworth Drive in Whitestone, Section 2, Clover Hill District, be and it hereby is established as a public road. And be it further re~olved, that the Department of Transportation, be and it hereby is requested to take into the Secondary System, Wadsworth Drive, beginning at existing Wadsworth Drive, State Route 2687, and going northeasterly 0.15 mile to tie into existing Wadsworth Drive, State Route 887. This request is inclusive of the adjacent slope, site distance and designated Department of Transportation drainage easements. This road serves 19 lots. And be it fur%her resolved, that the Board of Supervisors guarantees to the Department of Transportation a 60' right-of-way for this road. This section of Whitestone is recorded as follows: Section 2. Plat Book 49, Page 60, June 6, 1985. vote: Unanimous This day the County Enviror~ental ~ngineer, in accordance with directions from this Board, made report in writing upon his examination of Ambergate Drive and Ambergate Terrace in Ambergate, Midlothian District. Upon consideration whereof, and on motion cf Mr. Applegate, seconded by Mr. Daniel, it is resolved that Ambergate Drive and A~3ergate Terrace in Ambergate, Midlothian District, he and they hereby are established as public roads. And be it further resolved, that the Depart~ent of Transportation, be and it hereby is requested to take into the Secondary System, Ambergate Drive, beginning at the inter~ection witk Robious Crossing Drive, State Route 831, and going westerly 0.10 mile to ~he intersection with Ambergate Terrace, then continuing westerly 0.09 mile to end in a cul-de-sac; and Ambergate Terrace, beginning at the intersection with Ambergate Drive and going northerly 0.16 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, site distance and designated Department of Transportation drainage easements. These roads serve 18 lots. And be it further resolved, that the Board of Supervisors guarantees to the Department of Transportation a 50' right-of-way for all cf these roads. Ambergate is recorded as follows: 86-957 Flat Book 46, Page~ 98 and 99, August 8, 1984. Vote: Unanimous 14.H. UTILITY DEPA~I~ENT I~EM$ 14.H.1. PUBLIC HEARINGS 14.H.l.a. TO CONSIDER SALE OF 31&1/4 ACRES OF SURPLUS PROPERTY LOCATED EAST OF IRONBRIDGE ROAD Mr. Welchons stated this date and time had ~een advertised for a public hearing to consider the sale of 31&1/4 + acres of a surplus parcel, lying east of Iron ~ridge Road, t~ Iron Bridge Development Company. Mr. Richard Williams inquired as to the amount of the bid and questioned if he could make a counteroffer. Mr. Micas stated since this is a public hearing the Board could consider a counteroffer or could close the matter with the negotiated sale. Mr. Daniel questioned if all the legal requirements of the negotiated sale were followed. Mr. Micas stated the negotiated sale compiled with all legal re~/irements. Mr. Hedrick stated the County received an offer for the property of $6,000 per acre; the County recommended a counteroffer in the neighborhood of $6,500 per acre and that is the issue before the Board. Mr. Williams stated he was never notified o££iczally that the property was for sale. He stated he felt adjacent property ownere, such as himself, should have been notified. Mr. Applegate stated he did not feel it would be fair to reopen the issue for a counteroffer at this time. Mr. Williams stated he was never part of the negotiations for the property. Mr. Welehons stated the offer of $6,500 per acre for this property preceded Mr. Williams' offer of $6,000 per acre and, based on the $6,500 offer, staff requested the Board set a public hearing to consider sale of the surplus parcel. Mr. Mayee questioned if the Board must accept the $6,500 offer. Mr. Micas stated it is up to the Board's discretion as to whether they feel, in good faith, compelled to accept the offer. Mr. Williams stated he had bid on the property in 1983 but felt the price was too high; however, since the land is adjacent to his property, he would like consideration for purchasing it. After further discussion, it was on motion of Mr. Mayes, seconded by Mr. Dodd, the Beard resolved to approve the sale of the parcel containing 31&1/4 ~ acres of land lying east of Iron Bridge Road to Iron Bridge Development Company for $6500.00 per acre, authorize the County Administrator to sign a contract for the sale, and authorise the Chairman of the Board and County Administrator to sign the necessary deed. Vote: Unanimous 14.H.i.b. ORDINANCE TO VACATE TEN FOOT DRAINAGE WITMIN DALE HEIGHTS SUBDIVISION Mr. Welchons stated this date and time had been advertised for a public hearing to consider an ordinance to vacate a ten foot drainage easement within Dale Heights Subdivision. Mo one came forward to address the matter. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board adopted the iollowing ordinance: 86-958 AN OgDINANCE to vacate a 10 foot drainage easement within Dale Heights Subdivision, along the common property line of Lots 7 and 8, Block A, Sermu~a Magisterial District, Chesterfield County, virginia, as shown on a plat thereof duly recorded in the Clerk's Oifioe of the Circuit Court of Chesterfield County in Plat Hook 9, at page 112. WHEREAS, Steven R. Pond ham petitioned the Hoard of Supervisors of Chesterfield County, Virginia to vacate a 10 foot drainage easement within Dale Heights Subdivision, along the common property line of Lots 7 and 8, Block A, Bermuda Magisterial District, Chesterfield County, Virginia more particularly show~ On a plat of record in the Clerk's Office cf the Circuit Cour~ of said County in Plat Book 9, page 112, made by Willi~ M. Lewis, dated January 3, 1955. The drainage easement petitioned to be vacated is more fully described as follows: A 10 foot drainage easement within Dale Heights Subdivision, along the common property line of Lots 7 and 8, Block A, the location of which is more fully shown, shaded in red on a plat made by Williem M. Lewis, dated January 3, 1955, 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 WHEREAS, no public necessity exists for the continuance of the drainage easement sought to be vacated. NOW T~E~tEFORE, BE IT O~DAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482{b) of the Code of ~, 1950, as amended, the aforesaid drainage easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, a~ emended, 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 O~ice of the Circuit Court of ChEsterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of thi~ Ordinance pursuant to Section 15.1-48~ is to destroy the force and effect o~ the recording of the portion of the plat vacated. This ordinance ahall vest fee simple title to the centerline of the drainage easement hereby vacated in the property owners cf the lots within Dale Heights free and clear of any rights of p~blic use. Accordingly, this Ordinance shell be indexed in the names of the County of Chesterfield, as grantor, and J.T. Weltcn and Elizabeth B. Welton, husband and wife, or successors in title, as grantee. Vote: Unanimous 14.H.l.c. ORDINANCE TO VACATE SIXTEEN FOOT DRAINAGE WITHIN SALISBURY SUEDIVISION Mr. Welchons ~tated this date and time had been advertised for a public hearing to consider an ordinance to vacate a sixteen foot drainage casement within Salisbury Subdivision. No one cams forward to address the matter. On motion of Hrs. Girone, seconded by Mr. Applegate, the Board adopted the following ordinance: 86-959 AN ORDINANCE to vacate a 16 foot drainage easement within Lot 1, Block BB, Section B-l, Salisbury Subdivision, Midlothian Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof d~ly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 16, at page 49. WMEREAS, $.K. Timmons & Assoc. has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16 foot drainage easement within Lot 1, Block MB, Section B-l, Salisbury Subdivision, Midlothian 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 16, page 49, made by J. K. Timmons & Assoc. dated May 31, 1968. The drainage easement petitioned to be vacated ie more fully described as follows: k 16 foot drainage easement within Lot 1, Block BB, Section B-i, Salisbury Subdivision, the location of which is more fully shown, on a plat made by J. K. Timmons, & Assoc., dated November 5, 1986, a copy of which is attached hereto and made a part of this ordinance. WMEREAS, no,ice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and WBEREAS, no public necessity existm for the continuance of the drainage easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNT"f, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, a~ a~ended, the aforesaid drainage easement be and is hereby vacated. 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 ehall be recorded no sooner than thirty days hereafter in the Clerk'm Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the ~gde of Virginia, 1950, as amended. The effect of this Ordinance pursuant to section 15.1-483 ie to destroy the force and effect of the recording of the portion of the plat vacated. Since the portion of easement hereby vacated is located within the periphery of the recorded subdivision plat, this ordinance shall vest fee sit, plo title of the entire width of the drainage easement hereby vacated in the property owner o~ the lot within Salisbury free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Frederick L. Carreras and Roberts M. Carrera~, husband and wife, or their successor~ in title, as grantee. Vote: Unanimous 14.~.l.d. ORDINANCE TO VACATE FORTY FOOT RIGP~T OF WAY AND TWELVE FOOT ALLEYS WITHIN VILLAGE OF BEHSLEY Mr. Welchons stated this date and time had been advertised for a public hearing to consider an ordinance to vacate a forty foot right-of-way and twelve foot alleys within the Village of Bensley. No one came forward to address the matter. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board 86-960 adopted the following ordinance: AN ORDINANCE to vacate a 40 right of way and 12' alley within the village of Bensley, Bermuda Magisterial District, Cheeterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 3, at pages 108 and 224. WHEREAS, Harry L. Hamilton and Elleen W. Ka~ilton has petitioned the Scard of Supervisors of Chesterfield County, Virginia to vacate a 40 foot right of way and 12' alley within the Village of Bensley, Bermuda Midlothian 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 3, pages 108 and 224, made by W.W. LaPrade & Bros., dated June 17, 1922 and September 30, 1921, respectively. The right of way and alley petitioned to be vacated is more full described as follows: A 40 foot right Of way and 12' alley within The Village of Bensley, the location of which is more fully shown, shaded in red on a plat made by Virginia Surveys, dated September 26, 1985, a copy of which is attached hereto and made a part of this ordinance. W~F~REAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, ne public necessity exists for the continuance of the right of way and alley sought to be vacated. NOW THEREFORE, BE IT OP~DAINED BY ~ BOARD OF SUPERVISORS OF C~IESTERFI~LD COUNTY, VIRGINIA: That pursuant to section 15.1-482(b) of the Code of Virq~Dia, 1950, as amended, the aforesaid right of way and alley be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with section 15.1-482(b) of the Code of Virqinia, 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 cf the Circuit Court of Chesterfield, Virginia pureuant 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 =he recording of the portion o~ the plat vacated. This ordinance shall vest fee simple title of tko entire width of the right of way and alley hereby vacated in the property owner of the abutting lots free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Rarry L. Hamilton and Elleen W. Hamilton, husband and wife; Donald P. Dawkins and Margaret P. Dawkins, husband and wife; Charles L. Craig and Frances A. Craig, husband and wife; and Chesterfield Volunteer Fire Department, er their successors in title, as grantee. Vote: Unanimous 14.H.2. CONSIDER REQUEST FOR PUBLIC WATER IN EDENSHIPE On motion of Mr. Hayes, seconded by Mr. Daniel, the Board approved the extension of public water to Edenshire Subdivision, from the existing water line at the intersection of Route 10 and Lewis Road, to serve six residences in Eden~hire and one on Route 10, the estimated cost of ~xtending the water system being $121,600.00 -- $76,000.00 for the line in Route 10 and $45,000,00 for the line in Bdenehire Drive, with funding to be 86-961 expended from th~ Ca~ital Budget extensions to existing subdivisions and authorized the County Administrator to execute any necessary documents. Vote: Unanimous 14.H.3. CONSENT ITEMS AGR/~E~IENT FOR ENGINEERING SERVICES FOR UTILITY RELO- CATION ON TUKNER ROAD FROM ROUTE 360 TO ROUTE 60 O~ motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute an agreement between the Virginia Department of Transportation, Baldwin and Gregg, Ltd. and tho County of Chesterfield to employ Baldwin and Gregg, Ltd. to design the relocation of the County water and sewer facilities on project 0650-020-168, C505, subject to approval of the agreement by the County Attorney. It is noted the engineering services covered under this agreement will be 100% State cost. vote: Unanimous 14.H.3.b. DEED OF DEDICATION AT IIfI~ERSECTION OF HULL STREET ROAD A/~D DEER RU~ DRIVE FROM WILLIA~ B. AND GENE N. DUVAL On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute tho necessary deed, on behalf of the County, accepting the conveyance of a 4.73 acre parcel of land located at the southeast corner of the intersection of Hull Street Road and Deer Hun Drive from William B. and Gene H. Duval, which site has been proffered for the development of a future library site. Vote: Unanimous 14.H.3.c. DEED OF DEDICATION ALONG RAMBLEWOOD ROAD AND PAt~KERS AVENUE FROM SC~WAN'S SALES ENTERPRISES, INC. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board approved and authorized the County Administrator to execute the necessary ~eed, on behalf of the County, accepting the conveyance of a 20' and 15' strip of land along Ramblewood Road, Route 617 and Barkers Avenue from Sshwan's Sales Enterprises, Vote: Unanimous 14.H.3.d. DEED OF DEDICATION ALONG JEFFERSON DAVIS HIGHWAY FROM MR. AND MRS. JAMES W. BLACKBURI~ on motion of Mr. Dodd, seconded by Hr. Applegate, the Board approved and authorized the County Administrator to execute the necessary deed, on behalf of the County, accepting the conveyance of a variable width strip of land along Jefferson Davis Highway, U.S. Route 1 and 301, from Ja~es W. and Diane P. Blackburn. Vote: Unanimous 14.H.3.e. ACCEPTANCE OF DEED OF GIFT OF DALE FIRE STATIO~ SITE On motion of Mr. Dodd, seconded by Mr. Applegate, the Board approved and authorized the County Administrator to execute the necessary d=ed, on behalf of the County, accepting a deed of gift from w. s. and Martha S. Carnes for a parcel containing 86-962 0.923 acres along Ironbr~dge Road, approximately 1200 feet north of Cogbill Road, for the new Dale Fire Station. Vote: Unanimous 14.~.4. REPORTS Mr. Welchons presented the Board with a report on the developer water and sewer contracts executed by the County Administrate~. 14.I. REPORTS Mr. Hedrick presented the Board with status reports on the General Fund Contingency, General Fund ~al&nce, Road Reserve Funds, District Road and street Light Funds, Schedule of Capitalized Lease Purchases, Bus Service: Feasibility Study and Demonstration Project, and Utilities Department Management Study. Mr. Mayes discussed issues relative to the Campbell Bridge into Chesterfield. He stated he felt action should be taken to enhance the appearance of the entrance in the southern portion of the County and requested sta~ to bring a paper before the Board as to what can be done about the situation. Mr. Daniel stated he did not feel the dues for Richmond Regional Planning District Commission should be increased and requested that County representatives tc this organization be instructed to not exceed the existing 35 cents per oapita designated 15. ADJO~ On motion of Mr. Applegate, seconded by Mrs. Girone, the Board adjourned at 9:50 p.m. until 10:00 a.m. on December 15, 1986, in the Conference Room, Room 502, of the Administration Building. Vote: Unanimous Ric~{ard L. Hedrick County Administrator Chairman 86-963